In addition to all the other applicable standards of this Code the standards of this Article are applied to all proposed development authorized by Article III, unless otherwise noted. In the event standards of this Article conflict with the provisions of the primary district or an overlay district the standards of this Article shall prevail.

Sections 405, 408, 409, 410, 411, 418, 420, 421, 422, 424, 426, 427, 428 and 431 are applicable to proposed development authorized by Article VI, unless otherwise noted. Uses authorized by Article VII are not subject to the standards of this Article unless specifically required by Article VII.

Additionally, all development, including Standard Land Divisions, shall also comply with the applicable standards and requirements of the Community Plans, the Rural/Natural Resource Plan, and the Transportation Plan listed below. Section 390-3 in the North Bethany Subarea Overlay District references additional standards and requirements from the Bethany Community Plan that are also applicable to development in the North Bethany Subarea (Chapter 2 of the Bethany Community Plan). Section 391 in the Bonny Slope West Subarea Overlay District references additional standards and requirements from the Cedar Hills - Cedar Mill Community Plan that are also applicable to development in the Bonny Slope West subarea.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

401-1

Community Plan Provisions:

401-1.1

General Design Elements;

401-1.2

Subarea Provisions, including the Design Elements and Area of Special Concern and Potential Park/Open Space/Recreation requirements;

401-1.3

Significant Natural Resource Designations;

401-1.4

Historic and Cultural Resource Designations;

401-1.5

Mineral and Aggregate Resource Designations (District A and B designations);

401-1.6

Major Transit Stop Designations;

401-1.7

Interim Light Rail Station Area Overlay Designations;

401-1.8

Transportation Circulation Designations;

401-1.9

Street Corridor, Arterial Access and Pedestrian System Designations; and

401-1.10

Local Street Connectivity Lands Designations.

(Ord. No. 903, § 2.M.(Exh. 13, § 15.), 10-15-24, eff. 11-14-24)

401-2

Rural/Natural Resource Plan Provisions:

401-2.1

Significant Natural Resource Designations;

401-2.2

Historic and Cultural Resource Designations;

401-2.3

Mineral and Aggregate Resource Designations (District A and B designations);

401-2.4

Habitat Protection Plan; and

401-2.5

Implementing Strategy E of Policy 10 (Implementing Oregon Department of Fish and Wildlife Habitat Protection Plan recommendations for Big Game Range areas within EFU, EFC and AF-20 land use districts).

401-3

Comprehensive Framework Plan for the Urban Area

401-3.1

Policy 41, Urban Growth Boundary Expansions

401-4

The Transportation System Plan

401-4.1

Goals 1 through 11 including their implementing objectives and strategies;

401-4.2

The Functional Classification System Map;

401-4.3

The Lane Numbers Map;

401-4.4

The Special Area Street Overlay Maps;

401-4.5

The Transit System Map;

401-4.7

The Bicycle System Map; and

401-4.8

The Pedestrian System Map.

401-5

General Provisions - Development Review

401-5.1

Procedures

The review of applications through the provisions of Sections 403 and 404 may be processed through a two-step process consisting of a preliminary review and a final review. Preliminary review shall be through the procedure type listed in the applicable land use district. Final review shall be through a Type I procedure, unless otherwise specified by the Review Authority in the preliminary approval.

401-5.2

Expiration

Preliminary approval shall expire automatically four years from the date of approval unless final approval has been granted or development has commenced pursuant to Section 201-6 or an extension, according to the provisions of Section 201-5, has been requested and approved.

401-5.3

Review Standards

A.

Preliminary Review:

The proposed project shall be reviewed for compliance with the applicable provisions of this Code, including Section 401-1, 401-2, 401-3, and 401-4.

B.

Final Review:

The request for final approval of a project shall be reviewed for consistency with the preliminary approval and shall comply with the standards and conditions of the preliminary approval.

401-5.4

Minor Revisions to Master Plans and Development Review Projects that have received Preliminary Approval

The purpose of minor revisions are to allow flexibility in master planning or site design in order to accommodate changes that inevitably occur between preliminary and final plans. When revisions are proposed, the original proposal must remain fundamentally intact. For example, site plans, street layouts, and lotting patterns may not be reversed (flip flopped). The Type I minor revision process only allows changes that have no off-site impacts. Therefore, only limited changes are allowed through this process.

A.

Minor revisions to a preliminary approval for a Master Plan or development review project may be made through a Type I procedure for the following:

(1)

Lot dimensions;

(2)

Street locations;

(3)

Lot patterns;

(4)

Decreases in density;

(5)

Parking locations;

(6)

Changes in parking spaces;

(7)

Building locations;

(8)

Decreases in building square footage;

(9)

Phasing of the development, including adjusting approved phasing; and

(10)

Inclusion of a gated private street, subject to Section 409-4.6.

B.

Minor revisions shall meet the following standards:

(1)

Lot dimensions and patterns: Minor changes to lot dimensions and lot patterns may occur, but the overall lotting pattern shall remain the same as the original;

(2)

Streets within a development that abut an adjacent property or an exterior adjacent street shall not be relocated more than one-half the width of the right-of-way, easement or tract; or relocated so that they abut a different property from that approved in the preliminary plat approval, or as required in the primary district;

(3)

Stub streets within a development that abut an adjacent property or an exterior adjacent street shall not be changed to permanent "dead-end" streets (e.g., cul-de-sac or hammerhead) within the development;

(4)

Permanent "dead-end" streets within a development shall not be changed to a stub street which abuts an adjacent property or connected to an exterior adjacent street;

(5)

The revisions shall continue to comply with the circulation standards of this Code. However, where connections were approved as direct, they must remain direct. Where connections were approved as circuitous, they must remain circuitous. The street network must maintain the planned functional classification of new and existing roads in the area. No modification to the review standards of Section 408 is allowed;

(6)

Density decreases shall not exceed 5% and must meet the minimum density standards required in the applicable land use district;

(7)

Changes in parking spaces shall meet the requirements of Section 413;

(8)

Building locations, parking areas and water quality facilities shall not be relocated in areas designated as Significant Natural Resources or relocated closer to any adjacent residential property;

(9)

No reduction to the screening and buffering standards (Section 411) are allowed;

(10)

For commercial and industrial development, no changes to the number of stories are allowed; and

(11)

Outside the UGB, the commercial and industrial uses approved through the preliminary review must remain the same. Inside the UGB, the ADT at the access point(s) must not exceed the ADT reviewed by the county as part of the preliminary approval.

C.

All other revisions shall be processed as a new application and shall be subject to the standards that are in effect at the time the new application is submitted.

401-5.5

Revisions to Master Plans and Development Review Projects that have received Final Approval

Revisions to a Master Plan or a development review project that has been reviewed through Section 401-5 and has received final approval shall be processed as a new application and shall be subject to the standards that are in effect at the time the new application is submitted.

(Ord. No. 855, § 2.A.(Exh. 1, § 19), 8-6-19, eff. 11-28-19)

It is the intent and purpose of the Development Standards to:

402-1

Promote site planning and design which consider the natural environment, creative and innovative project design, character of the neighborhood and the requirements of the Comprehensive Plan;

402-2

Maintain the required dimensional standards while promoting energy conservation, needed privacy, logical off-site development and harmony of scale, texture and color;

402-3

Consider use of native plant materials considering existing landscape elements, including landscaped areas along roadways and within parking lots, and to provide guidance in planting and maintenance while protecting existing trees from indiscriminate or unnecessary removal;

402-4

Insure the integrity of the roadway system while providing a safe and efficient transportation system which encourages alternatives such as pedestrian ways, bike paths and mass transit;

402-5

Protect lives and property from natural or man-made geologic, hydrologic or soils hazards through site development practices which protect and enhance the natural environment, minimizing soils erosion, sedimentation and drainage problems;

402-6

Provide standards which separate different land uses to eliminate or minimize potential negative impacts;

402-7

Improve the soil environment for vegetative growth;

402-8

Promote safe and efficient parking and loading areas for new development, changes of use or occupancy or enlargement of existing uses or structures;

402-9

Regulate the size, location and character of exterior signs, including identification of proprietor's products and services and provide for design, installation and maintenance to protect the public safety;

402-10

Regulate the spillover of light and glare on operators of motor vehicles, pedestrians and land uses while providing on-site direction, circulation, safety and crime inhibitors; and

402-11

Provide for enhanced views, improve the general living environment and prolong the economic life of a development while providing adequate services and facilities.

403-1

Compliance Permit

Prior to occupying a site approved through Development Review, a compliance permit is required. Before the compliance permit is issued, the developer shall construct or install the required improvements or shall provide the County with an approved assurance that all improvements will be carried out in accordance with the terms of the Development Review approval or the standards of this Code. The Board may, by Resolution and Order, specify acceptable assurance mechanisms and terms.

403-2

Master Plan - Minimum Requirements for all Development

At a minimum, all development, including Standard Land Divisions, Middle Housing Land Divisions, and exemptions through Section 201-2, shall provide a Master Plan prepared in accordance with Sections 403-2.1 through 403-2.4, including necessary written findings. A Master Plan may be reviewed in conjunction with a specific development review project for all or a portion of the subject site, or it may be reviewed independently and implemented through a future development review application(s). Development review applications shall be consistent with the final approved Master Plan and shall, at a minimum, be processed through the Type I procedure. Final approval of a Master Plan shall be granted prior to the submission of a subsequent application that implements a Master Plan.

Minor revisions to a Master Plan that has received preliminary approval shall comply with the provisions of Section 401-5.4. All other revisions to a Master Plan with preliminary approval or a Master Plan with final approval shall be processed as a new application and shall be subject to the standards that are in effect at the time the new application is submitted.

403-2.1

A Master Plan in a schematic form which contains the following when determined to be applicable by the Review Authority:

A.

Proposed Uses and Densities where applicable;

B.

Proposed and existing structure and building locations and types;

C.

Landscape and Open Space, except for one detached dwelling on a lot of record inside the UGB and all single dwellings and agriculture or forest buildings outside the UGB;

D.

Roads, Parking and Circulation; and

E.

Phasing-Development Schedule if applicable.

A development application (Master Plan or Site Analysis application) for a development shall be for the entirety of the site, including all phases of a phased development. The development application shall demonstrate compliance, or demonstrate that it is feasible, for all portions of the site to comply with the standards of the Articles III (e.g., density if applicable, setbacks, height), IV (e.g., grading and drainage, any parking and landscaping requirements,), V (e.g., access spacing), and VI. When a residential development will occur in phases, or the development site is divided into multiple residential lots or parcels, each phase or lot or parcel shall develop as proposed and approved in the development application unless the original development application is modified consistent with the applicable requirements of this Code.

403-2.2

A statement that:

A.

The Development is permitted in the primary district; and

B.

The siting maintains all minimum dimensional requirements for the District and use.

403-2.3

Additional Evaluation Criteria

Except for Single Detached Dwelling Units and their accessory structures, housing that meets the definition of Middle Housing in Section 106, home occupations and agricultural uses, Master Plans for Type II and III uses shall also be evaluated for conformance to the following standards. Design standards of Sections 430-37.1 and 430-84 apply to above noted housing types instead of those standards in the remainder of Section 403-2.3.

A.

Provision of facilities for the handicapped pursuant to the Uniform Building Code, 1979 Edition, if required by the Uniform Building Code;

B.

Incorporation of design features which reflect or complement the surrounding structural and architectural character through building style and materials;

C.

Use, in open space or park settings, of lines and materials (including plant materials) which blend with the natural features of the site or site background;

D.

Renovation or revitalization of existing structures identified within the Community Plan;

E.

Arrangement of structures and use areas for compatibility with adjacent developments and surrounding land uses, using the following design and siting techniques:

(1)

Locate and design structures and uses not to obscure or degrade identified scenic views or vistas from adjacent properties and public thoroughfares, considering setbacks, building height, bulk and landscaping;

(2)

Orient major service activity areas (e.g., loading and delivery areas) of a development away from existing dwellings;

(3)

Contain all refuse storage areas within opaque enclosures and gates, built with the same type materials as the development. Refuse storage areas shall be located with easy access for trucks and shall be screened and buffered from residential living spaces; and

(4)

"Street furniture" such as bus shelters, streetlights, drinking fountains, benches and mailboxes shall be similar in design and materials to the buildings of the development.

F.

For multi-dwelling, commercial, industrial and institutional developments, lay out streets and building lots to allow buildings to maximize solar access, using techniques such as:

(1)

East-west street direction so that principal building façades will face south;

(2)

Make configuration of lots to allow orientation of the front or rear of buildings within 20 degrees of true south in order to maximize potential solar access.

G.

For multi-dwelling developments, structures shall be located, to the extent practicable, subject to compliance with all applicable review standards, so they will not shade the buildable area of urban residential property to the north that is or will be developed with a single-family dwelling or a manufactured dwelling in order to protect solar access to these properties;

H.

For single-family dwelling development, compliance with the standards of Section 427-3 (Solar Access Standards for New Development);

I.

Design buildings conducive to energy efficiency and conservation;

J.

Design entry areas in residential developments to act as an outdoor extension of each dwelling or transition between semi-public and private areas, using such techniques as:

(1)

Changing the level, color, scale, texture or direction of a path; and

(2)

The use of gates, fences, doors and landscaping.

K.

Design and cluster units to maximize privacy, using such techniques as:

(1)

Facing main housing areas toward garden areas, open space and exposure to sun; and

(2)

Placement of buildings to minimize the potential of windows facing directly toward primary living areas of other units/homes.

L.

Provide for storage of articles such as bicycles, barbecues, luggage, outdoor furniture, etc. These areas shall be completely enclosed and easily accessible to dwelling units.

403-2.4

Needed Housing

Discretionary permit procedures and standards shall not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay.

(Ord. No. 885A, § 2.1.(Exh. 1, § 12.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, §§ 1., 15.), 2-7-23, eff. 3-9-23)

403-3

Additional Standards Inside the UGB

In addition to the requirements of Table I, all Master Plan and Site Analysis applications shall address the requirements of Sections 404-419, 421-423, 427 and 429.

403-3.1

Type III development, except those detailed in Section 403-3.2, may be denied based on the following:

A.

The proposed development will have significant adverse impacts on property values in the area;

B.

The proposed development will unduly conflict with the character of an area not otherwise in transition; or

C.

The public interest is not served by permitting the proposed development to occur on the proposed site at the proposed time. Development proposed to serve significant portions of the county may be evaluated for its impacts on the entire area to be served.

403-3.2

Section 403-3.1 does not apply to:

A.

Residential Planned Developments, Subdivisions, or residential Group Care (Section 430-53.2, 430-53.3 or 430-53.5). Type III residential planned developments, Subdivisions, and residential Group Care are presumed to be appropriate, provided that the specific standards of this Code are met.

(1)

Development may be denied or conditioned as provided in Article V;

(2)

Conditions of approval may be imposed to mitigate adverse impacts;

(3)

The flexibility in standards and open space provisions provided under the Type III process shall be used to permit development of a variety of housing types at the designated density while protecting identified significant natural features and accomplishing the objectives of the community design elements.

B.

Applications processed through Section 404-5, the Flexible Design Option for Regulated Affordable Housing.

(1)

Development may be denied or conditioned as provided in Article V;

(2)

Conditions of approval may be imposed to mitigate adverse impacts.

403-3.3

Section 403-3.1 does not apply to Plan Amendments except as may be set forth in the Comprehensive Plan.

403-3.4

Section 403-3.1 does not apply to:

A.

Type I or II applications reviewed at a Type III proceeding;

B.

Type I and II uses in transit oriented districts that are Type III uses because they do not follow the design standards in Section 431; and

C.

Applications in the North Bethany Subarea in the Bethany Community Plan.

403-3.5

The standards of Section 403-3.1 do not have to be addressed by the applicant in the initial application submittal.

403-3.6

If objections to an application for a Type III development request are raised under the criteria of 403-3.1 in a specific and factual manner by an opponent or staff, the applicant shall be afforded reasonable opportunity to develop and present factual evidence and findings which address the objection(s) under the criteria in 403-3.1. Such issues shall be raised with sufficient specificity so as to afford the Review Authority, applicant and parties, adequate opportunity to respond to each objection. The Review Authority shall state at the public hearing whether the opponent or staff has submitted factual evidence that addresses the criteria in 403-3.1.

403-3.7

It shall be the applicant's responsibility to provide evidence that demonstrates compliance with the specific criteria of 403-3.1 under which the objection(s) was raised.

(Ord. No. 832A, § 2.A.(Exh. 1, § 21), 9-18-18, eff. 10-18-18; Ord. No. 841, § 2.A.(Exh. 1, § 1, 9-18-18, eff. 11-23-18; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

403-4

Additional Standards Outside the UGB

In addition to the requirements of Sections 401, 402 and 403, the following standards apply to development outside an urban growth boundary.

403-4.1

Section 406 - Building, Siting and Architectural Design. Only applicable to commercial, industrial and institutional uses, and as necessary, for Special Uses as determined by the Review Authority, not including Special Use approval for single-family dwelling units.

403-4.2

Section 407 - Landscape Design. Only to R-COM, R-IND, MAE, Special Uses of Section 430, as required by Section 407-4, Tree Preservation and Removal and as determined by the Review Authority.

403-4.3

Section 408 - Neighborhood Circulation. Sections 408-5.1 and 408-5.2 apply only to Standard Land Divisions within an Urban Reserve Area.

403-4.4

Section 409 - Private Streets. Only Section 409-5 - Private Driveways and Private Streets Outside the UGB.

403-4.5

Section 410 - Grading and Drainage. For any proposed road or public transportation facility and for structures prior to issuance of a building permit.

403-4.6

Section 411 - Screening and Buffering. R-COM, R-IND, MAE, and Special Uses as identified or as determined by the Review Authority.

403-4.7

Section 413 - Parking and Loading. As applicable to Commercial, Institutional and Industrial Uses and as necessary for Special Use Permits as determined by the Review Authority. Surfacing requirements do not apply to Single Detached Dwelling Units. Maximum parking requirements in Section 413-6.3 do not apply to development outside of an urban growth boundary.

403-4.8

Section 414 - Signs. Agricultural Sign Requirements and as required for Rural Commercial, Rural Industrial and MAE Districts and Special Uses of Section 430 as determined by the Review Authority.

403-4.9

Section 417 - Irrigation. Only applies when 407 (Landscape Design) applies.

403-4.10

Section 418 - Setbacks.

403-4.11

Section 419 - Height.

403-4.12

Section 421 - Floodplain and Drainage Hazard Area Development. Only as it applies to Standard Land Divisions, construction of structures, roads, other public transportation facilities, and other permitted alterations to the floodplain or drainage hazard area.

403-4.13

Section 422 - Significant Natural Resources.

403-4.14

Section 423 - Environmental Performance Standards. (except for Farm and Forest uses).

403-4.15

Section 424 - Creation of Parcels in the EFU, EFC and AF-20 Districts.

403-4.16

Section 425 - Designation of Marginal Lands in the AF-20 District.

403-4.17

Section 426 - Erosion Control.

403-4.18

Section 428 - Forest Structure Siting and Fire Safety Standards. Only applicable to the EFC District and as otherwise specified

403-4.19

Type III development may be denied based on the following:

A.

The proposed development will have significant adverse impacts on property values in the area;

B.

The proposed development will unduly conflict with the character of an area not otherwise in transition; or

C.

The public interest is not served by permitting the proposed development to occur on the proposed site at the proposed time. Development proposed to serve significant portions of the county may be evaluated for its impacts on the entire area to be served.

403-4.20

Section 403-4.19 does not apply to Plan Amendments except as may be set forth in the Comprehensive Plan.

403-4.21

Section 403-4.19 does not apply to nonfarm dwelling applications in the EFU & AF-20 Districts.

403-4.22

Section 403-4.19 does not apply to Type I or Type II applications reviewed at a Type III proceeding.

403-4.23

The standards of Section 403-4.19 do not have to be addressed by the applicant in the initial application submittal.

403-4.24

If objections to an application for a Type III development request are raised under the criteria of 403-4.19 in a specific and factual manner by an opponent or staff, the applicant shall be afforded reasonable opportunity to develop and present factual evidence and findings which address the objection(s) under the criteria in 403-4.19. Such issues shall be raised with sufficient specificity so as to afford the Review Authority, applicant and parties, adequate opportunity to respond to each objection. The Review Authority shall state at the public hearing whether the opponent or staff has submitted factual evidence that addresses the criteria in 403-4.19.

403-4.25

It shall be the applicant's responsibility to provide evidence that demonstrates compliance with the specific criteria of 403-4.19 under which the objection(s) was raised.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23; Ord. No. 903, § 2.M.(Exh. 13, § 16.), 10-15-24, eff. 11-14-24)

Master Planning through the Site Analysis (Master Planning - Site Analysis) or Planned Development (Master Planning - Planned Development) is provided to encourage development which best utilizes the existing on- and off-site characteristics, to encourage flexibility and a creative approach in land development with a more efficient, aesthetic and desirable use of open space, and to establish desirable physical links within a community. It is not the intent of this Section to require full engineering or landscape drawings prior to receiving approval of a requested use. Preliminary (conceptual) plans shall be submitted with the Master Plan application. Prior to issuance of permits final drawings will be required.

Master planning may be processed through a two-step process consisting of a preliminary review and a final review. Final review shall be through a Type I procedure, unless otherwise specified by the Review Authority in the preliminary approval.

404-1

Type I, Site Analysis of a New Use or Expansion of an Existing Use

Site Analysis is the review of an entire site, including contiguous property under the same ownership.

404-1.1

On-site analysis is required for all development except:

A.

Development exempt from the public facilities standards of Section 501-2;

B.

A detached dwelling on a Lot of Record in the R-5 and R-6 Districts;

C.

One Duplex on an approved Duplex lot (Section 430-13.3) if the proposed Duplex is exempt from public facilities standards per Section 501-2.2;

D.

A single dwelling outside the UGB.

404-1.2

Except as provided in 404-1.1 Off-Site Analysis is required of all new development and expansions which exceed 50% of the existing development.

404-1.3

Where required, an On-Site Analysis including the area within 50 feet of the proposed development and future site, if any, shall contain the requirements as listed in Table I, below.

TABLE I

* Soil Information from Soil Conservation, Soil Survey Report, Washington County, July, 1982.

404-1.4

Off-Site Analysis

Where required, an off-site analysis inside the UGB shall include at a minimum:

A.

The land in an area created by an equal extension of the dimensions and configuration of the Master Plan in each direction (N, NE, E, SE, S, SW, W and NW) from the site.

B.

Where this extension crosses a Freeway, Principal Arterial or Arterial, as identified in the Transportation System Plan, with limited access (as defined by the County Engineer), the road may serve as one boundary.

C.

An analysis in this extended area shall show in conceptual form all items required by the On-Site Analysis, Future Site, (Table I) at the same scale as the On-Site Analysis and Master Plan. An aerial photograph identifying these areas is an acceptable data base.

(Ord. No. 834, § 2.B.(Exh. 2, § 1), 8-21-18, eff. 11-23-18; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

404-2

Modification of Standards through the Site Analysis

Front, side and rear yard setbacks and lot dimensions (does not include lot area) may be reduced up to 10%, when the Review Authority finds, based on evidence in the record, that the modification is necessary to retain natural or topographic features, such as mature trees, drainage swales, slopes, ridge lines, or rock outcropping.

404-3

Type II, Site Analysis Inside the UGB

The public facilities requirements of a Type I Site Analysis may be reviewed through a Type II process only to determine whether the public facilities requirements can be met.

404-4

Planned Development

The Planned Development review process provides flexibility in standards and the location of permitted uses, compensated through innovative design and the provision of common or private open space. The Planned Development review process shall not be utilized in transit oriented districts or in the North Bethany Subarea of the Bethany Community Plan. The Planned Development standards applicable to the North Bethany Subarea are in Section 390-17.

404-4.1

Planned Development Review

Modifications to development standards as detailed in this Section may be approved through a Planned Development review process if the applicant submits written evidence and site and building plans to support the requested modifications and there is a finding by the Review Authority that the following can be achieved by the proposal:

A.

Only those uses allowed within the Primary District are permitted;

B.

Site design utilizes concepts that reduce major alterations of the site. Examples of major alterations include excavations, retaining walls, steep road cuts and fill, and extensive grading;

C.

Site design retains to the greatest extent feasible existing natural features, such as drainage swales, slopes, ridgelines, rock outcroppings, vistas, natural plant formations and trees; and

D.

Open space and recreational facilities are provided as required in this Section, and are improved and landscaped to reflect the intended character of the development.

404-4.2

The Planned Development is processed through a Type II procedure, except where Type III process is required.

404-4.3

In the R-5 District:

A.

Planned Developments require a Type III process;

B.

Attached dwellings require a Planned Development. On parcels less than 2 acres attached dwellings are limited to Duplexes.

404-4.4

Modification of Standards through the Planned Development.

Upon submission of an on- and off-site Site Analysis as described in Section 404-1, and when the request conforms to the standards of this Code, the Review Authority may modify the standards below within the prescribed limits.

A.

Interior private street standards

Private roadway pavement width may be reduced, provided that all on-street parking spaces eliminated by reducing roadway pavement width are replaced with off-street parking spaces. In no event can the street pavement reduction exceed that approved by the appropriate fire district.

B.

Lot dimension requirements may be reduced.

C.

Lot size requirements may be reduced. However, this modification shall not allow increased density.

D.

Lot coverage requirements may be modified.

E.

Yard (setback) requirements

Front, side and rear yards may be reduced to zero provided:

(1)

Building code standards are met;

(2)

The Primary District's driveway setback standard is not reduced and other applicable standards of the Primary District are met; and

(3)

Standards of Sections 411 and 430-147 are met.

F.

Building height maximum may be increased (except the building height standards of Section 427-3) as shown below; however, no height increase shall be permitted that would result in any building over 100 feet tall.

G.

Minimum landscaping standards of Section 407-1 may be reduced.

H.

Land use districts, as designated by the applicable Community Plan, may float within the boundaries of the proposed planned development. The share of land within each land use district must remain the same.

I.

Planned Developments on sites of 2 acres or less in R-5 and R-6 districts are subject to the privacy enhancement standards established in Section 430-72.3 B.

404-4.5

Standards for Required Open Space

Site design shall comply with the following standards for open space:

A.

The gross acreage of the development site, excluding existing public road rights-of-way, shall be used to calculate the minimum total required open space based on the following area requirements:

(1)

15% on sites between zero and 50 acres; and

(2)

10% on sites greater than 50 acres.

B.

When an indoor recreational facility is provided, such as a fitness center or swimming pool, the floor area of the facility may be used to satisfy the open space requirements of 404-4.5 A.(1) and (2) above.

C.

Open space required by the standards of this section shall not be located within public or private rights-of-way, except as specifically allowed by this Section.

D.

Except as provided under 404-4.5 G. and H., areas used as required common open space shall:

(1)

Maintain a minimum dimension of 10 feet and a minimum area of 1,000 square feet.

(2)

Be located within 0.25-mile of 90% of the dwelling units affected by any reduction in standards, and be accessible to all residents and/or tenants of the development.

(3)

Be illuminated for safety during hours of darkness. Natural areas described in Section 404-4.5 E.(1), (2) and (4) below may be exempt from this requirement.

(4)

Be free from major structural encroachments (such as roof overhangs and other architectural features) of structures on abutting properties.

E.

Areas used as Planned Development required open space shall be approved by the Review Authority. Open space shall be in addition to that required by Section 405-1 and other Code standards, except as listed below.

(1)

Commercial or Institutional Planned Development proposals shall be allowed to count areas on the subject property mapped or delineated as floodplain, drainage hazard, wetland, wetland buffer, Riparian Wildlife Habitat verified in accordance with Section 422, toward up to 50% of Planned Development open space, provided that the area is not used for parking (see Section 421-13).

(2)

Planned Development proposals that include residential dwelling units shall be allowed to count areas on the subject property mapped or delineated as floodplain, drainage hazard, wetland, wetland buffer, Riparian Wildlife Habitat verified in accordance with Section 422, toward up to 20% of Planned Development open space, provided that the area is not used for parking (see Section 421-13). Amenities such as boardwalks, paths, trails and/or viewing areas that are accessible to all residents and/or tenants of the development must be provided in, or adjacent to, these areas.

(3)

Areas of the site that are used to meet requirements of Section 411 (Screening and Buffering) may count toward Planned Development open space requirements, provided they meet the standards listed in 404-4.5 D.(1) and (2).

(4)

Upland Wildlife Habitat verified in accordance with Section 422 may count toward Planned Development open space requirements, provided such areas remain undeveloped except for amenities such as boardwalks, paths, trails and/or viewing areas that are accessible to residents and/or tenants of the development.

F.

Recreational Facilities Standards for Open Space

Open space required by Section 404-4.5 A. shall meet the following standards for recreational facilities:

(1)

Development sites that are less than 10 acres in size must include at least two recreation facilities.

(2)

Development sites that are 10 or more acres in size must include at least three recreation facilities, at least one of which must be an active recreation facility.

Examples of passive and active recreation facilities include, but are not limited to:

(3)

Pedestrian and bicycle facilities required by Section 408 may not be counted as Planned Development recreational facilities. However, pedestrian and bicycle facilities on the development site required by Section 408 may count toward the open space requirement in 404-4.5 A.(1) and (2), provided they meet the standards listed in 404-4.5 D.(1) and (2).

(4)

Recreational facilities used to meet requirements of Section 404-4.5F. may be placed within the Planned Development open space or within a building (such as a fitness center), but shall not be located within an area utilized for another Code-required use or activity (including parking and loading, private and public street rights-of-way, solid waste and recycling facilities), except as specifically allowed by this Section.

G.

Private open space provided in spaces such as individual yards, patios, balconies, rooftops, porches or terraces may be counted toward up to 20% of the open space requirement in 404-4.5 A.(1) and (2), if the following criteria are met:

(1)

Dwelling unit patios and terraces are differentiated from common open space areas through use of landscaping, decorative pavers, pervious pavement, and/or changes in paving color, pattern and texture, or similar method.

(2)

The private open spaces meet the following minimum area requirements:

H.

In the Community Business District, Office Commercial District, Community Core Mixed-Use District and Neighborhood Mixed-Use District, private open space provided in spaces such as individual yards, patios, balconies, rooftops, porches or terraces may be counted toward up to 80% of the open space requirement in 404-4.5 A.(1) and (2), if they meet the criteria in 404-4.5 G.(1) and (2) above.

(Ord. No. 811, § 2.A.(Exh. 1, § 1), 10-4-16, eff. 11-3-16; Ord. No. 827A, § 2.A.(Exh. 1, § 3), 10-24-17, eff. 11-24-17; Ord. No. 853A, § 2.A.(Exh. 1, § 3), 10-15-19, eff. 11-28-19; Ord. No. 857, § 2.D.(Exh. 4, § 2), 8-27-19, 11-28-19; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23Ord. No. 903, § 2.M.(Exh. 13, § 17.), 10-15-24, eff. 11-14-24; Ord. No. 902A, § 2.B.(Exh. 2, § 30.), 11-5-24, eff. 12-5-24)

404-5

Flexible Design Option for Regulated Affordable Housing

This Flexible Design Option (Option) is intended to facilitate and encourage regulated affordable housing by allowing design flexibility and density bonuses.

The Planned Development standards in Section 404-4 are not applicable to projects reviewed under this Section. In cases where other CDC Sections normally require review through a Planned Development, review under this Section shall supersede that requirement.

Community Plan Subarea and Area of Special Concern requirements, and CDC Sections 418-3 (Corner Vision), 421 (Floodplain and Drainage Hazard Area Development), 422 (Significant Natural Resources) and 501-8.5 F. (Sight Distance) shall prevail when there are conflicts with provisions of this Section. In the event of a conflict between the requirements of this Section and requirements of any other provision of a community plan or the CDC, the requirements of this Section shall control.

404-5.1

This Option is available only to developments wherein all dwelling units will be Regulated Affordable Housing that complies with the following:

A.

Inside the urban growth boundary (UGB), in a district where residential uses are permitted;

B.

Made affordable on a continuous basis to households earning 80% of Area Median Income (AMI) or less, based on household size, as determined annually by the U.S. Department of Housing and Urban Development (HUD) for the applicable Metropolitan Statistical Area (MSA);

C.

Have a local, state, or federal compliance agreement or contract that ensures compliance with 404-5.1 B., above, for a minimum of 20 years from the issuance date of the occupancy permit.

This Option allows for one consolidated process under one action, for land use review of a proposal, including development review, variations from typical standards, and/or preliminary (not final) review of Standard Subdivisions/Standard Partitions to the extent outlined below.

Housing types (attached or detached) shall be consistent with what is permitted in the district except as otherwise allowed by this Option. Neighborhood meetings are required pursuant to Section 203-3.2 as indicated for Standard Partitions, Standard Subdivisions and Type II or III development review.

404-5.2

Applications for review under the Flexible Design Option shall include written narrative and evidence establishing how the development will comply with all requirements of Section 404-5. Evidence shall include copies of the legally binding document required under 404-5.1 C., above, which shall be recorded and shall run with the land to ensure ongoing compliance. That document will be subject to review and approval by County Counsel, and evidence that it has been recorded shall be submitted to the project planner prior to issuance of occupancy permits.

404-5.3

Review Type

A.

Applications utilizing any or all provisions allowed under Section 404-5.4 will be subject to a Type II review.

B.

Applications utilizing any or all provisions allowed under Section 404-5.5 will be subject to a Type III review.

404-5.4

The following alternatives are available through the Flexible Design Option for Regulated Affordable Housing, subject to a Type II review:

A.

Residential density may be increased by up to 30% of the district maximum;

B.

For attached multi-dwelling housing in districts where allowed, building height may be increased above the district maximum to the minimum extent needed to achieve allowed residential density, including any allowed density bonus.

In such districts where the CDC does not reflect a maximum density in units per acre (mixed-use projects that include attached units in CBD, CCMU, TO:RC or TO:BUS), however, no height increase shall be permitted that would result in any building over 100 feet tall;

C.

Standards precluding more than one detached dwelling on a single lot may be waived as long as allowed density is not exceeded;

D.

Private roadway pavement width may be reduced, subject to fire district approval;

E.

In districts that require ground floor commercial/nonresidential uses, that requirement may be waived;

F.

Minimum lot area, width, and depth requirements of the district may be reduced; and

Minimum lot width at the street/street frontage may be reduced or eliminated on a lot-by-lot basis to the extent necessary, as long as parking, when provided, is in accordance with Section 413;

G.

Minimum Outdoor Yard Area required by district standards may be reduced or eliminated within individual lots to the extent that an equal amount is reallocated to outdoor common space available to all residents;

H.

In cases where landscaping requirements apply, the amount provided may be reduced by up to 50% of the standard;

I.

Setbacks of the district for front, side, street side, and rear yards may be reduced or eliminated, provided that:

(1)

No setback to garage vehicle entrance is reduced;

(2)

Screening and Buffering (Section 411) "Additional Setback" reductions allowable under 404-5.4 J., below, are not taken for the affected yard. (Reductions allowed under either 404-5.4 I. or J. may be applied to the yard, but not both); and

(3)

Building Code standards are met.

J.

Where Screening and Buffering standards of CDC Section 411 would normally apply "Additional Setbacks" to a particular yard, the Additional Setback may be reduced or eliminated within that yard, subject to the following:

(1)

District setback reductions allowable under 404-5.4 I., above, are not taken for the affected yard. (Reductions allowed under either 404-5.4 I. or J. may be applied to the yard, but not both);

(2)

If district/use standards do not require a minimum yard/setback, Additional Setbacks required by Section 411 must not be reduced to less than 5 feet (see also 404-5.4 J.(3)(b));

(3)

Fences, walls, other structures and plantings shall be provided as required by the Screening and Buffering type identified in Section 411-6 that would normally apply (as if no reduction to the Additional Setback were to be taken); and if the Additional Setback is reduced to less than the standard minimum of that Screening and Buffering type:

(a)

Minimum requirements for fences, walls, other structures and plantings shall be those normally required for the smallest Additional Setback listed under that Screening and Buffering type; and

(b)

If the Screening and Buffering type that would normally apply is #4, #5, or #6, to accommodate required plantings no reduction shall result in less than 10 feet of space between the affected property line and nearest building wall.

404-5.5

In addition to those listed under 404-5.4, the following alternatives are available through the Flexible Design Option for Regulated Affordable Housing, subject to a Type III review:

A.

Variation from standards is allowed as follows:

(1)

Residential density may be increased by up to 50% of the district maximum instead of, not in addition to, the density increase available through a Type II review when:

(a)

The site is within one-quarter mile of a public park; or

(b)

The development will include on-site gathering space (indoor, outdoor or a combination thereof) available for common use by all residents, meeting one of the following minimum square footage requirements, whichever is greater:

(i)

One thousand square feet; or

(ii)

The minimum square footage required by the Oregon Structural Specialty Code (OSSC) to accommodate the total number of residents of the development, assuming two residents per studio unit and two per bedroom.

B.

Alternatives to strict compliance with certain standard(s) as follows:

(1)

In the R-9, R-15, R-24 and R-25+ districts, the applicant may propose alternatives to Building Façade standards of the district, which may be approved when the applicant provides written findings and evidence demonstrating that the alternatives are adequate to otherwise provide for pedestrian-oriented façade design.

(2)

In Transit Oriented districts, the applicant may propose alternatives to principles and standards of:

(a)

Sections 431-5.3 A and B, regarding Building Façades, which may be approved when the applicant provides written findings and evidence demonstrating that the alternatives otherwise provide for pedestrian-oriented façade design in areas planned and developed to function as transit-oriented/station communities in nature.

(b)

Sections 431-6.1 and 431-6.2, regarding Parking Areas, Garages and Parking Structures, which may be approved when the applicant provides written findings and evidence demonstrating that the alternatives are adequate to otherwise provide for pedestrian-oriented design in areas planned and developed to function as transit-oriented/station communities in nature.

(3)

In the CCMU and NMU districts, the applicant may propose alternatives to Section 392-9 (Development Standards for Pedestrian-Oriented Mixed-Use Districts), which may be approved when the applicant provides written findings and evidence demonstrating that the alternatives are adequate to otherwise provide for pedestrian-oriented façade design.

(4)

Findings/evidence to address requirements of (1), (2), or (3), above, may include proof that another jurisdiction allows practices similar to the proposed alternative to address the intent. Any documentation and narrative, however, that clearly supports the adequacy of the alternative to address the intent of the original standard will be considered.

(Ord. No. 841, § 2.A.(Exh. 1, § 2), 9-18-18, eff. 11-23-18; Ord. No. 855, § 2.A.(Exh. 1, § 20), 8-6-19, eff. 11-28-19; Ord. No. 857, § 2.D.(Exh. 4, § 2), 8-27-19, 11-28-19; Ord. No. 885A, § 2.1.(Exh. 1), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23; Ord. No. 903, § 2.M.(Exh. 13, § 17.), 10-15-24, eff. 11-14-24)

405-1

The following categories identified in the Site Analysis, Section 404-1, shall be preserved as open space, except as may be otherwise provided:

405-1.1

Confirmed land movement hazard areas, as identified through the application of the standards of Section 410, or mapped as a Significant Natural Area on the Community Plan;

405-1.2

Areas confirmed to have severe erosion potential due to soil type, geologic structure and vegetation, as identified through the application of the standards of Section 410, or mapped as a Significant Natural Area on the Community Plan;

405-1.3

Bodies of water such as rivers or lakes;

405-1.4

Land within the Floodplain, Drainage Hazard Area or riparian zone, except as provided in Sections 421 and 422; or

405-1.5

Other specific areas identified for open space within the Community Plan, including areas identified as Density Restricted Lands in the North Bethany Subarea of the Bethany Community Plan, with the exception of slopes greater than 25% that are located outside of the Natural Features Buffer shown on the Urban/Rural Edge Map of the North Bethany Subarea Plan.

405-2

Protection

Site Planning and development shall avoid disturbance of identified open space resources. Full use should be made of density transfers, siting of structures and roads, and other appropriate means in designing the development around the open space.

405-3

Classification

405-3.1

Private Open Space - Areas intended for the private use of an individual owner or group of owners (owners' association).

405-3.2

Public Open Space - Areas intended for common and public use either privately or publicly owned and maintained.

405-4

Maintenance

At a minimum, maintenance shall include the following:

405-4.1

In natural areas, areas of undisturbed vegetation or areas replanted with vegetation after construction and woodlands, woodland swamps or wetlands, maintenance is limited to removal of litter and hazardous plant materials. Except as provided by Section 421, natural water courses are to be maintained as free-flowing.

Stream channels shall be maintained so as not to alter floodplain or drainage hazard area levels, except as provided by Section 421;

405-4.2

For garden plots which are the division of open space into plots for cultivation as gardens by residents, maintenance may be limited to weeding and fallowing;

405-4.3

For recreational areas which are areas designed for specific active recreational uses such as totlots, tennis courts, swimming pools, ballfields, and similar uses, maintenance shall insure that no hazards, nuisances, or unhealthy conditions exist;

405-4.4

For greenways which are linear green belts linking residential areas with other open-space areas, maintenance shall insure that there exist no hazards, nuisances, or unhealthy conditions. These greenways may contain bicycle paths, footpaths, and bridle paths. Connecting greenways between residences and recreational areas are encouraged;

405-4.5

For lawn areas which are grass with or without trees, maintenance may be limited to mowing to insure neatness and usability.

405-5

Ownership Maintenance

Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved and maintained as required by this Section by any of the following mechanisms or combinations thereof:

405-5.1

Dedication of open space to an appropriate public agency, when a public agency is willing to accept the dedication.

405-5.2

Ownership of the open space by a homeowners' association or property owner(s) assuming full responsibility for its maintenance.

405-5.3

Dedication of development rights of open space to an appropriate public agency with ownership remaining with the applicant or owner or homeowners' association. Maintenance responsibility shall remain with the property owner.

405-5.4

Deed-restricted private ownership which prevents development of the open space land and provides for maintenance.

406-1

Review Standards

The Review Authority shall evaluate all applications (whether Type I, II or III review) and associated building and site plans, including those for detached dwelling units and Middle Housing, to ensure that the proposed development:

406-1.1

Is permitted within the primary district;

406-1.2

Is sited to comply with applicable setback and lot coverage requirements of the primary district;

406-1.3

Complies with maximum height limits of the primary district.

(Ord. No. 885A, § 2.1.(Exh. 1, § 13.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

406-2

Additional Requirements for Type II and Type III Development

In addition to the requirements of Section 406-1, all Type II and Type III structures and site plans, except those listed in Section 406-2.4, shall:

406-2.1

Incorporate design features which reflect or complement the surrounding structural and architectural character through building style and materials. Use, in open space or park settings, lines and materials (including plant materials) which blend with the natural features of the site or site background;

406-2.2

Renovate or revitalize existing structures identified within the Community Plan;

406-2.3

Arrange structures and use areas for compatibility with adjacent developments and surrounding land uses, using the following design and siting techniques:

A.

Locate and design structures and uses not to obscure or degrade identified scenic views or vistas from adjacent properties and public thoroughfares, considering setbacks, building height, bulk and landscaping;

B.

Orient major service activity areas (e.g., loading and delivery areas) of the proposed development away from existing dwellings;

C.

"Street furniture" such as bus shelters, streetlights, drinking fountains, benches and mailboxes shall be similar in design and materials to the buildings of the development.

406-2.4

Exceptions. The following are not subject to Section 406-2:

A.

Single Detached Dwelling Unit, Duplex or Middle Housing, which are subject to design standards of Sections 430-37.1 and/or 430-84;

B.

Development proposals that require Type II or Type III review solely because they are within a Significant Habitat boundary, but which otherwise would require either a Type I permit or no development permit. These proposals are subject to the standards in Section 422 but are not subject to the Additional Requirements in Section 406-2.

(Ord. No. 833, § 2.A.(Exh. 1, § 2), 8-7-18, eff. 9-7-18; Ord. No. 885A, § 2.1.(Exh. 1, § 13.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23; Ord. No. 902A, § 2.B.(Exh. 2, § 31.), 11-5-24, eff. 12-5-24)

406-3

Energy Conservation Guidelines

Type II and Type III Developments:

406-3.1

Where possible, lay out streets and building lots for multi-dwelling, commercial, industrial and institutional developments to allow buildings maximum solar access, using techniques such as:

A.

East-west street direction so that principal building facades will face south;

B.

Make configuration of lots to allow orientation of the front or rear of buildings within 20 degrees of true south in order to maximize potential solar access.

406-3.2

Where possible, design multi-dwelling, commercial, industrial and institutional buildings conducive to energy efficiency and conservation.

406-3.3

Where possible, subject to compliance with applicable review standards, design multi-dwelling developments so structures will not shade the buildable area of urban residential property to the north that is or will be developed with a Single Detached Dwelling Unit or a manufactured dwelling in order to protect solar access to these properties.

406-3.4

Where applicable, compliance with the standards of Section 427-3.

(Ord. No. 885A, § 2.1.(Exh. 1), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

406-4

Privacy Guidelines

Type II and Type III Developments, except those for a Single Detached Dwelling Unit, Duplex or Middle Housing, which are subject to design standards of 430-37.1 and/or 430-84, where possible shall:

406-4.1

Design entry areas in residential developments to act as an outdoor extension of each dwelling or transition between semi-public and private areas, using such techniques as:

A.

Changing the level, color, scale, texture or direction of a path; and

B.

The use of gates, fences, doors and landscaping.

406-4.2

Design and cluster units to maximize privacy, using such techniques as:

A.

Facing main housing areas toward garden areas, open space and exposure to sun; and

B.

Placement of buildings to minimize the potential of windows facing directly toward primary living areas of other units/homes.

(Ord. No. 885A, § 2.1.(Exh. 1, § 13.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

406-5

Storage

Provide for storage of articles such as bicycles, barbecues, luggage, outdoor furniture, etc. These areas shall be completely enclosed and accessible to dwelling units.

(Ord. No. 885A, § 2.1.(Exh. 1, § 13.), 6-28-22, eff. 7-28-22)

406-6

Mixed Solid Waste and Recyclables Storage Facilities

Mixed solid waste and source-separated recyclables storage standards of this section shall apply to:

A.

Type I, II or III residential development listed below containing five or more units, including addition of any number of new unit(s) that causes existing development described below to reach five units or more:

(1)

Attached units;

(2)

Detached units on a single shared lot;

(3)

Attached and/or detached units on separate lots that will not have public or private street frontage; and

B.

New or remodeled commercial, industrial and institutional construction that is subject to a Type II or III review procedure and is located inside the Regional Urban Growth Boundary.

Developments as described in A or B, above, shall incorporate functional and adequate space for on-site storage and efficient collection of mixed solid waste and source-separated recyclables prior to removal by haulers by complying with the standards of this section.

To provide for flexibility in the design of functional storage areas, this section provides three different methods to meet the objectives of providing adequate storage space for mixed solid waste and recyclables and improving collection efficiency. An applicant shall choose one of the following three methods to demonstrate compliance: 1) minimum standards; 2) waste assessment; or 3) a comprehensive recycling plan.

406-6.1

Minimum Standards Method

The Minimum Standards Method identifies dimensional standards for storage area facilities that are based upon the size and general use category of new or remodeled construction. This method is most appropriate when the specific use of a new or remodeled building is unknown.

The size and location of the storage area(s) shall be indicated on the site plan of any construction subject to this section. Compliance with the general and specific requirements set forth below is verified during the site plan review process.

A.

General Requirements:

(1)

The storage area is based on the predominant use(s) of the building (e.g., residential, office, retail, wholesale/warehouse/manufacturing, educational/institutional, or other). If a building has more than one of the uses listed herein and that use occupies 20% or less of the floor area of the building, the floor area occupied by that use shall be counted toward the floor area of the predominant use(s). If a building has more than one of the uses listed herein and that use occupies more than 20% of the floor area of the building, then the storage area requirement for the entire building shall be the sum of the requirement for the area of each use.

(2)

Storage areas may be combined and shared for multiple uses on a single site and for dwelling units described under Section 406-6 A.

(3)

The specific requirements are based on an assumed storage height of 4 feet for solid waste/recyclables. Vertical storage higher than 4 feet but no higher than 7 feet may be used to accommodate the same volume of storage in a reduced floor space (potential reduction of 43% of specific requirements). Where vertical or stacked storage is proposed, the site plan shall include drawings to illustrate the layout of the storage area and dimensions of containers.

B.

Specific Requirements

(1)

For residential development described under Section 406-6 A. that contains five to 10 units, a minimum storage area of 50 square feet shall be provided. When such developments contain more than 10 units, the storage area shall include an additional five square feet for each unit beyond 10. Individual curbside collection for Townhouses (attached dwelling units on separate lots) may be permitted pursuant to Section 406-6.4 C.(4).

(2)

Non-residential buildings shall provide a minimum storage area of 10 square feet plus:

Office: 4 square feet/1,000 square feet gross floor area (GFA);

Retail: 10 square feet/1,000 feet GFA;

Wholesale/Warehouse/Manufacturing: 6 square feet/1,000 square feet GFA;

Educational and Institutional: 4 square feet/1,000 square feet GFA; and

Other: 4 square feet/1,000 square feet GFA.

406-6.2

Waste Assessment Method

This method tailors the storage area size to a waste assessment and management program for the specific user of a new building. It is most appropriate when the specific use of a building is known and the type and volume of mixed solid waste to be generated can be estimated.

A pre-application conference with the solid waste coordinator for the Washington County Health & Human Services Solid Waste and Recycling Program and development review staff is required if the waste assessment method is proposed. The applicant shall estimate the volumes of source-separated recyclables/mixed solid waste generated. From this information, the applicant can design a specific management, storage and collection system. Techniques such as a compactor or cardboard bailer may be implemented to minimize the square footage of the site which must be set aside for a storage area.

The waste assessment method shall be prepared by the applicant and submitted with the site plans. The plans must identify the size and location of interior or exterior storage area(s), specialized equipment, collection schedule, etc. required to accommodate the volumes projected in the waste assessment. The application shall demonstrate that the mixed solid waste and recyclables volumes expected to be generated can be stored in less space than is required by the Minimum Standards Method. The solid waste coordinator shall review and approve the waste assessment method as part of the development review process.

406-6.3

Comprehensive Recycling Plan Method

The comprehensive recycling plan method is most appropriate when an applicant has independently developed a comprehensive recycling plan that addresses materials collection and storage for the proposed use. This method can be used when a comprehensive recycling plan has been developed for a specific individual facility or for residential development described under Section 406-6 A. It is most suited to large non-residential uses such as hospitals, schools and industrial facilities.

A pre-application conference with the solid waste coordinator for the Washington County Health & Human Services Solid Waste and Recycling Program and development review staff is required if the comprehensive recycling plan method is proposed. The comprehensive recycling plan shall be submitted at the same time site plans are submitted for development review. The applicant shall submit plans and text that show how mixed solid waste and recyclables generated by the proposed development will be served under a comprehensive recycling plan. The application shall also demonstrate that the mixed solid waste and recyclables volumes expected to be generated can be stored in less space than is required by the Minimum Standards Method. The solid waste coordinator shall review and approve the comprehensive recycling plan as part of the development review process.

406-6.4

Standards for Storage Areas, Containers and Associated Access

The following standards are applicable to all three methods of compliance: 1) minimum standards; 2) waste assessment; and 3) comprehensive recycling plan.

A.

Location Standards:

(1)

To encourage its use, the storage area for source-separated recyclables shall be co-located with the storage area for residual mixed solid waste.

(2)

Indoor and outdoor storage areas shall comply with Building Code requirements.

(3)

Storage area space requirements can be satisfied with a single location or multiple locations, and can combine both interior and exterior locations.

(4)

Exterior storage areas shall be located in central and visible locations on the site to enhance security for users.

(5)

Exterior storage areas can be located in a parking area, if the proposed use provides at least the minimum number of parking spaces required for the use after deducting the area used for storage.

(6)

The storage area shall be accessible for collection vehicles and located so that the storage area will not obstruct pedestrian or vehicle traffic movement on the site or on public or private streets adjacent to the site.

(7)

Exterior storage areas shall comply with the yard requirements of the primary district and the sight triangle requirements of Section 418-3.

B.

Additional Standards for Storage Areas and Containers:

(1)

The floor area of an interior or exterior storage area required by Section 406-6 shall be excluded from the calculation of lot coverage and from the calculation of building floor area for purposes of determining minimum storage requirements.

(2)

The dimensions of the storage area shall accommodate containers consistent with current methods of local collection.

(3)

Storage containers shall meet Uniform Fire Code standards and be made and covered with waterproof materials or situated in a covered area.

(4)

Exterior storage areas shall be contained within opaque enclosures and gates, and screened from residential living spaces. Gate openings which allow access to users and haulers shall be provided. Gate openings for haulers shall be a minimum of 12 feet wide and shall be capable of being secured in a closed and open position.

(5)

Storage area(s) and containers shall be clearly labeled to indicate the type of materials accepted.

C.

Access Standards:

(1)

Access to storage areas can be limited for security reasons. However, the storage area shall be accessible to users, and to collection service personnel on the day and approximate time they are scheduled to provide collection service.

(2)

Storage areas shall be paved and designed to be easily accessible to collection trucks and equipment, considering paving, grade of storage areas and vehicle access. A minimum of 12 feet horizontal clearance and 14 feet of vertical clearance is required if the storage area is covered.

(3)

Storage areas shall be accessible to collection vehicles without requiring backing out onto a public or private street (includes alleys). If only a single access point is available to the storage area, adequate turning radius shall be provided to allow collection vehicles to safely exit the site in a forward motion.

(4)

Curbside collection of solid waste and recyclables from individual Townhouse Units (attached dwelling units on separate lots) in buildings containing five or more units on a public or private street (includes alleys) may be permitted by the solid waste coordinator.

(Ord. No. 885A, § 2.1.(Exh. 1, § 13.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, §§ 1., 16.), 2-7-23, eff. 3-9-23)

406-7

Submittal Requirements

In all development review applications which are required to conform to the standards of Building Siting and Architectural Design, or are required to demonstrate compliance with standards related to building façade, the following information must be submitted:

406-7.1

Site Plan showing the location of all proposed structures, including required storage facilities for mixed solid waste and recyclables;

406-7.2

Building Floor Plans;

406-7.3

Building Elevations and Sections;

406-7.4

Building Materials for all nonresidential uses, except as specified otherwise by a provision of this Code; and

406-7.5

Building Shadow Plan.

406-7.6

For development described in 406-6 A or B, a written statement from the Washington County Health & Human Services Solid Waste and Recycling Program concerning the adequacy of the proposed method, design, location and accessibility of the mixed solid waste and recyclables storage facilities as required by Sections 406-6.1, 406-6.2, 406-6.3, 406-6.4 A. (6), 406-6.4 B. (4), and 406-6.4 C.

(Ord. No. 885A, § 2.1.(Exh. 1, § 13.), 6-28-22, eff. 7-28-22)

407-1

Minimum Landscape Standards

407-1.1

The minimum landscaping area requirements may include landscaping around buildings and in parking and loading areas, outdoor recreational use areas, screening and buffering as required under Section 411, and vegetated stormwater facilities as defined by Section 106-198.1.

407-1.2

Areas determined unbuildable due to slopes, floodplains, water quality sensitive areas, vegetated corridors, or are required as open space under Sections 405 or landscaping within parking areas under Section 407-1.7, shall not be used to calculate or satisfy minimum landscape requirements.

407-1.3

Residential:

A minimum percentage of the buildable land area pursuant to Section 407-1.2 shall be used for landscaping in residential districts. Redevelopment or additions to buildings that include attached dwelling units shall meet the following minimum landscape area requirements:

*On a lot of record located in an urban residential district or rural district

407-1.4

Commercial, Industrial and Institutional Districts:

A.

For new development, the minimum area required for landscaping shall be 15% of the land area.

B.

For developed areas where 15% of the land area is not landscaped, where there are additions, alterations or changes, the following amounts of landscaping shall be provided until the 15% requirement is satisfied:

(1)

On sites of two acres or less:

(a)

Changes in use as defined in Section 106-33 or structural additions up to 1,999 square feet, shall be required to landscape at least 5% of the entire developed site area.

(b)

Structural additions of 2,000 to 4,999 square feet shall be required to landscape at least 10% of the entire developed site area.

(c)

Structural additions of 5,000 square feet or more shall be required to meet the current minimum landscape requirement for new development.

(2)

On sites of more than two acres, any structural additions shall be required to provide landscaping proportional to the additional footage being proposed.

Example:

(3)

Where successive occupancy changes or additions occur the landscape requirement shall accumulate until total conformance is reached.

407-1.5

All areas of a building site not identified in a site plan or development plan application as intended for a specified immediate use, shall be landscaped except where enclosed and blocked from the view of public streets by solid fencing or buildings.

407-1.6

The minimum landscape area required by Sections 407-1.3 and 407-1.4 may be reduced when the requirements of A. or B. below are met. Subsection 407-1.6 shall not be used to satisfy the requirements of Subsection 407-1.7.

A.

A reduction of up to 20% of the required landscape area is permitted when the following construction design features and materials are used in the development. The amount of reduction is related to the extent of the proposed improvements (more improvements result in a greater reduction). The application shall include a recommendation from Clean Water Services that indicates the amount of reduction warranted by the proposed improvements.

(1)

Structure(s) incorporate vegetated roofs; or other low-impact features designed to reduce storm water runoff; or

(2)

Required driveways, sidewalks or off-street parking areas are designed and constructed to reduce stormwater runoff rates and volumes through the use of pervious materials and/or other on-site stormwater management techniques;

B.

Up to 50% of the verified Upland Wildlife Habitat on a site may be used as a credit to reduce the required amount of landscaping when the portion of Upland Wildlife Habitat that is used as a credit is:

(1)

Preserved and maintained consistent with the requirements of Sections 405-4 and 405-5; and

(2)

Used to retain or replace native trees in accordance with Section 422.

407-1.7

The following interior landscaping requirements shall apply to all parking areas for ten or more vehicles:

A.

Ten square feet of landscaping per parking space, excluding perimeter landscaping;

B.

Landscaped islands shall be a minimum of 120 square feet.

(Ord. No. 842, § 2.A.(Exh. 1, § 5), 9-18-18, eff. 11-23-18; Ord. No. 885A, § 2.1.(Exh. 1, § 14.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, §§ 1., 17.), 2-7-23, eff. 3-9-23; Ord. No. 903, § 2.M.(Exh. 13, § 18.), 10-15-24, eff. 11-14-24; Ord. No. 902A, § 2.B.(Exh. 2, § 32.), 11-5-24, eff. 12-5-24)

407-2

Standards for Landscaping Materials

In order to reduce water usage, developments are encouraged to use native trees and plant materials. Developments are also encouraged to use pervious materials and compost amended soils to reduce storm water runoff.

Where landscaping is required by Section 407-1, the materials, installation and maintenance are subject to the following provisions:

407-2.1

Allowable Materials:

Landscaping is to include a combination of any of the following materials:

A.

Trees, shrubs, ground cover, vines, flowers and lawns;

B.

Brick, bark, timber, decorative rock or other decorative materials, provided that materials other than planting materials are not to exceed 25% of the total area of landscaping; and

C.

Features including fountains, pools, artwork, walls and fences.

407-2.2

Prohibited Materials:

Landscaping required by Section 407 shall not include any plant material which:

A.

Is identified by the Director as having root structures that in their mature state may damage or interfere with the normal use of existing public or private underground electrical lines, cables or conduits, pipes or other underground structures; or public or private sidewalks, curbs, gutters or paved parking turnaround areas, drainage improvements, or adjacent structures, foundations, or landscape materials;

B.

Cast a shadow, which is greater than the shadow cast by a hypothetical wall 7 feet high located along the property line, between 10:00 a.m. and 2:00 p.m. on December 21, upon an existing solar collector; and

C.

Are identified on regional or local plant lists as invasive or noxious plant species.

407-2.3

Landscape materials should be selected and sited to produce a hardy and drought-resistant landscaped area. Selection should include consideration of soil type and depth, spacing, exposure to sun and wind, slope and contours of the site, building walls and overhangs, and compatibility with existing native vegetation preserved on the site.

407-3

Tree Preservation and Removal

407-3.1

Applicability

Section 407-3 applies to all tree removal except as specified in Section 407-3.2 below.

407-3.2

Exemptions from Tree Preservation and Removal Requirements

The requirements of Section 407-3 do not apply to the following:

A.

Trees identified and approved for removal through a Type II or III procedure in an approved Development Plan;

B.

Trees in a hazardous condition that present a danger to health or property. If such trees are located within Significant Habitat inside the UGB, their removal is subject to the requirements of Section 422;

C.

Trees located within a floodplain or drainage hazard area inside the UGB, which are subject to Section 421; or

D.

Trees located within Significant Habitat inside the UGB, which are subject to Section 422.

407-3.3

Submission Requirements

Applications for tree removal shall include the following information:

A.

Written narrative containing:

(1)

A description of the size, species and condition (e.g., diseased, healthy) of each tree or group of trees, proposed for removal or replacement;

(2)

An explanation of the purpose of removal;

(3)

A description of any associated floodplain or drainage hazard area alterations;

(4)

Findings addressing the application requirements of Section 422; and

(5)

Findings addressing relevant design elements of the applicable community plan.

B.

A Site Plan showing:

(1)

The location, size and species of trees 6 inches or greater in diameter at 4 feet above grade. For forested areas that are larger than 5 acres, the general locations of trees may be shown with one or more detailed one acre sample areas. Sample areas must be representative of the site.

(2)

A delineation of any floodplain, drainage or wetland areas in accordance with Sections 421 and 422.

C.

An approved erosion control plan from the Clean Water Services.

407-3.4

Tagging Required:

Trees proposed for removal shall be identified for field inspection by means of flagging, staking, paint spotting or other means readily visible but not detrimental to a healthy tree.

If a proposed harvest area is located within 25 feet of a rear or side property line, not including property lines adjacent to a public or private street, the applicant shall:

A.

Mark or stake the property line(s) so that it is readily visible; and

B.

Identify trees within 25 feet of the property line that are proposed to be removed in the manner described above.

407-3.5

Removal Standards:

A.

Compliance with Section 422 and any other applicable Code requirement; and

B.

Inside the UGB, the harvesting of forest tree species for the commercial value of the timber shall be subject to the following additional requirement:

(1)

The harvesting of trees shall use a selective cutting procedure. Clear-cutting shall not be permitted.

(2)

For the purposes of Section 407-3, clear-cut means any harvest unit that leaves fewer than 50 living, healthy and upright trees per acre that are well-distributed over the unit and that measure at least 11 inches in diameter at 4 feet above grade. Species left should reflect the same species proportions existing prior to harvest.

C.

The Review Authority may require the applicant to identify a property line through a boundary survey when evidence has been submitted which indicates that trees that are proposed to be removed may be located on an adjacent property. If required, the boundary survey shall be made and recorded in the county Survey Division prior to the removal of any trees from the area in question.

(Ord. No. 902A, § 2.B.(Exh. 2, § 32.), 11-5-24, eff. 12-5-24)

407-4

Landscape Plan

The purpose of a landscape plan is to identify the type and placement of plant materials. By detailing the plantings, a landscape plan provides an effective means for evaluating whether chosen plant materials will survive in the climate and soils of a given site and satisfy the functional objectives of landscaping (such as erosion control, screening and shade) within a reasonable time. Landscaping plans are to be prepared, processed and used as follows:

407-4.1

When Required:

Landscaping plans are required to be submitted as part of a development application, except for detached and Duplex dwelling units located within the R-5, R-6 and Agricultural Districts.

407-4.2

Landscape Plan Content:

Landscape plans are to be neatly and accurately drawn, at a scale that will enable ready identification and recognition of information submitted. Where a project covers only a portion of a site, the landscape plan need show only the areas where existing soil contours and vegetation will be disturbed by construction or use, or other areas where landscaping is required. Landscaping plans shall show:

A.

The location of all trees 6 inches or larger in diameter at 4 feet above grade existing in or within 50 feet of the area of the site proposed for grading or other construction. Trees proposed to be removed are to be identified;

B.

Proposed landscaping details including the location, species, container size and number of trees, shrubs and ground cover;

C.

Details and location of proposed fencing, entryways, trash collection areas and freestanding signs;

D.

Walkways, plazas and sitting areas, play areas, including related street furniture and permanent outdoor equipment; and

E.

Outdoor light fixtures, including their location, height and wattage.

F.

No fill material shall be placed adjacent to existing trees inside the drip line.

G.

When applicable, demonstration of compliance with Tree Canopy Requirements in Section 407-6.9.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23; Ord. No. 903, § 2.M.(Exh. 13, § 18.), 10-15-24, eff. 11-14-24)

407-5

General Provisions and Guidelines

407-5.1

The landscape design shall incorporate existing significant trees and vegetation, which shall be protected during construction to the extent practicable.

407-5.2

Patterns of landscape design established on adjacent properties through a consistent use of species or spacing should be continued within a development.

407-5.3

Fencing adjacent to stream buffers or other wildlife habitat areas shall be designed to allow the passage of wildlife. Fencing shall include openings appropriately sized and spaced to accommodate the passage of wildlife common to urban Washington County including deer, beaver, coyote, muskrat, rabbit, raccoon, and skunk.

407-6

Parking Area Landscaping

407-6.1

The landscaping located within and adjacent to access roads and parking areas shall consist of a mixture of ground covers, shrubs and trees.

407-6.2

Landscaped areas shall be located to provide shade for parking lots and to create small clusters of parking.

407-6.3

In addition to pedestrian ways, parking areas and access roads shall be separated from the exterior wall of a structure with landscaping except where loading and access ways exist.

407-6.4

A minimum 5-foot landscape strip shall be created along any parking lot boundary, including access roads, except where the use of joint parking or a zero setback is approved.

407-6.5

Landscape "islands" located within parking areas shall maintain a minimum width and length dimension of 5 feet (see Section 407-1.6).

407-6.6

Entryways into parking lots shall be bordered by a minimum 5-foot-wide landscape strip.

407-6.7

Landscape plans that do not meet the minimum area standard through requirements intended to provide landscaping around buildings and in parking and loading areas, and screening and buffering as required under Section 411, are required to focus landscaping along pedestrian walkways linking on-site building(s) to the street in order to meet the minimum area standard.

407-6.8

In the Pedestrian-Oriented Mixed-Use Districts, the applicable screening requirements between a surface parking area and an adjacent right-of-way are those listed in Section 392.

407-6.9

Tree Canopy Requirements

A.

Applicability. Developments that propose surface parking areas that cumulatively provide more than 0.5-acre of surface parking are subject to the requirements of this Section. This includes:

(1)

New surface parking of more than 0.5-acre;

(2)

Existing parking areas that are enlarged to more than 0.5-acre; or

(3)

Reconstruction of a surface parking area that continues to exceed 0.5-acre.

B.

Minimum Canopy Requirements. Development shall provide tree canopy coverage of a minimum of 40% of the surface parking area within 15 years of planting.

C.

Surface Parking Area Calculations.

(1)

The surface parking area shall be measured based on the area of all new off-street parking spaces, maneuvering lanes, and maneuvering areas, including driveways and drive aisles.

(2)

The following surfaced areas are exempt from the minimum canopy requirements.

(A)

Mixed solid waste and recyclable storage facilities as required by Section 406-6.

(B)

Truck loading areas and off-street drop-off areas as required by Section 413-9 and 413-10.

D.

Tree Canopy Plan Requirements.

(1)

Development of a tree canopy plan under this Section shall be done in coordination with the local electric utility, including pre-design, design, building and maintenance phases to not interfere with overhead and/or underground facilities.

(2)

The tree canopy plan must be prepared and certified by a registered landscape architect.

E.

Canopy Design Requirements.

(1)

Tree spacing and species planted must be designed to maintain a continuous canopy except when interrupted by driveways, drive aisles, and other site design considerations.

(2)

Trees must be planted and maintained to maximize their root health and chances for survival, including having ample high-quality soil, space for root growth, and reliable irrigation according to the needs of the species.

(3)

Trees should be planted in continuous trenches where possible.

(4)

Trees planted to meet this standard shall be planted and maintained consistent with the 2021 American National Standards Institute (ANSI) A300 standards.

F.

Exemptions. Developments that are required to comply with OAR 330-135-0010 are not subject to this Section.

(Ord. No. 857, § 2.D.(Exh. 4, § 3), 8-27-19, 11-28-19; Ord. No. 903, § 2.M.(Exh. 13, § 18.), 10-15-24, eff. 11-14-24)

407-7

Urban Street Tree Standards

Inside an urban growth boundary, when fronting on public or private roadways or access drives, new structures including a Single Detached Dwelling Unit or Duplex on an existing lot or parcel, or Middle Housing, and any Standard Land Division or Middle Housing Land Division, shall be required to plant street trees in accordance with the following standards:

407-7.1

The species of street trees to be planted shall be chosen from the approved list of street trees unless approval of another species is given by the Director through a Type I procedure. Trees shall be selected and spaced to provide canopy overlap for shade. Trees shall be installed at an average of one tree per 35 feet of lineal road frontage unless otherwise required by district standards, or the Director approves, through a Type I procedure, a greater average spacing based on submitted evidence demonstrating the approved species typically requires such spacing, and that the alternative spacing will result in canopy overlap.

407-7.2

Exemption from the requirement to plant street trees may be granted by the Director to the extent that existing trees meet location and diameter requirements below. This exemption may be granted through a Type I procedure;

407-7.3

Street trees shall be installed on public or private property no more than five feet from the designated right-of-way; and

407-7.4

Street trees shall be a minimum of 1½ inches in diameter as measured at four feet above grade.

(Ord. No. 885A, § 2.1.(Exh. 1, § 14.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 17.), 2-7-23, eff. 3-9-23)

407-8

Installation and Maintenance

407-8.1

Landscape plant materials will be installed to current nursery industry standards.

407-8.2

Landscape plant materials shall be properly guyed and staked to current industry standards. Stakes and guy wires shall not interfere with vehicular or pedestrian traffic.

407-8.3

Mandated deciduous trees shall be fully branched, have a minimum caliper of 1½ inches, and a minimum height of 8 feet in height at the time of planting. Reduction in the minimum size may be permitted, except where the plant material is required by Section 411, Screening and Buffering, if certified by a registered landscape architect that the reduction will not diminish the chance of survival or intended effect of the plant material.

407-8.4

Evergreen trees shall be a minimum of 6 feet in height, fully branched, at the time of planting. Reduction in the minimum size may be permitted, except when the plant material is required by Section 411, if certified by a registered landscape architect that the reduction shall not diminish the plant material's chance of survival or intended effect.

407-8.5

Shrubs shall be supplied in one gallon containers or 8-inch burlap balls with a minimum spread of 12 inches. Reduction in the minimum size may be permitted, except when the plant material is required by Section 411, if certified by a registered landscape architect that the reduction will not diminish the plant materials chance of survival or intended effect.

407-8.6

Ground cover plantings shall be planted at a maximum of 30 inches on center and 30 inches between rows. Rows of plants shall be staggered for a more effective covering. Ground cover shall be supplied in a minimum 4 inch size container or a 2¼ inch container or equivalent if planted 18 inches on center. Reduction in the minimum size may be permitted, except when the plant material is required by Section 411, if certified by a registered landscape architect that the reduction will not diminish the plant materials chance of survival or intended effect.

407-8.7

Except as allowed by Sections 407-8.9 and 407-8.10, all landscaping required by this Code and approved by the Review Authority shall be installed prior to the issuance of any compliance permits.

407-8.8

Prior to requesting occupancy in an attached dwelling unit development, where landscaping has not been completely installed according to the approved plan, the applicant may choose either to post security or request compliance permits for not more than 50% of the total number of units in the project, or if the project is being built in phases, not more than 50% of the units in the phase being developed. If the latter choice is made, the compliance permits for the remaining units shall not be issued until the landscaping has been completely installed according to the approved plan.

407-8.9

Compliance permits may be issued prior to the complete installation of all required landscaping if security equal to 110% of the cost of the landscaping, as determined by the Director, is filed with the county to assure such installation within a time specified by the Director, but not to exceed six months after occupancy. The applicant shall provide the estimated cost of landscaping materials and installation to the satisfaction of the Director prior to approval of the security. "Security" may consist of a faithful performance bond payable to the county, cash, certified check, time certificate of deposit, or assignment of a savings account. The form shall meet with the approval of the Director. If the installation of the landscaping is not completed within the period specified by the Director, or within an extension of time authorized by the Review Authority, the security may be used by the county to complete the installation.

Upon completion of the installation, any portion of the remaining security deposited with the county shall be returned. The final landscape inspection shall be made prior to any security being returned. Any portions of the plan not installed properly shall cause the compliance permit to be withheld until the project is completed or cause the security to be used by the county.

407-8.10

All landscaping approved through the Development Review process shall be continually maintained, including necessary watering, weeding, pruning and replacement, in a substantially similar manner as originally approved by the Review Authority, unless a modification is approved.

408-1

Purpose and Intent

This Section is intended to implement the safe and convenient bike and pedestrian access and access to transit provisions of the administrative rule of the Oregon Department of Land Conservation and Development implementing Statewide Planning Goal 12 - Transportation, and to meet the street connectivity requirements of Title 6, Section 3 of Metro's Urban Growth Management Functional Plan. In recognition of the role that local street design plays in helping to preserve the effectiveness of the arterial and collector street system, this Section includes standards requiring a connected local street network in new development. This supports local travel needs so that local trips are not forced onto the arterial or collector street system. This Section is not necessarily intended to require a grid street system, but is intended to provide a development pattern which provides choices and convenient circulation for pedestrians, bicyclists and transit users as well as motorists.

This Section has been developed to provide a specific set of review standards which will result in a development pattern which is supportive of pedestrians, bicyclists and transit users. This section provides modification standards in recognition of the fact that any one or more of the specific review standards may not in all cases best meet the intent of the Transportation Planning Rule and/or Metro's Urban Growth Management Functional Plan.

408-2

Applicability

408-2.1

Notwithstanding the requirements of Section 408-10, within an urban growth boundary the requirements of 408-4 - 408-9 shall apply as follows:

A.

To all Land Divisions which result in any lot or parcel less than 10 acres, not including Middle Housing Land Divisions (Article VI).

B.

To all Type II and Type III development except for the uses listed below:

(1)

Single Detached Dwelling Unit or Duplex on a lot of record;

(2)

Temporary Uses as defined in Section 430-135;

(3)

Home Occupations as defined in Section 430-63;

(4)

Floodplain Alterations;

(5)

Development of General Commercial and Industrial property except for the uses listed below:

(a)

Campground (430-25);

(b)

Campus Development uses as defined in 381-4.3;

(c)

Convenience Grocery (430-35);

(d)

Eating and Drinking Establishment;

(e)

Industrial Business Park (430-71) and permitted Accessory Uses (320-3.2);

(f)

Lodging Places;

(g)

Park and Ride Facility (430-89);

(h)

Public Building;

(i)

Services Establishments; and

(j)

Transit Center (430-137).

(6)

Specific land uses, as determined by the Review Authority, may be exempt from the provisions of this Section on a case-by-case basis, based on findings that:

(a)

The nature of the use will create minimal demand for pedestrians and bicycle use; and

(b)

The subject property does not front on an Arterial or Collector; or

(c)

All properties abutting the subject site that do not have frontage on an Arterial or Collector are developed; or

(d)

All properties abutting the subject site that do not have frontage on an Arterial or Collector are designated as Industrial or General Commercial; or

(e)

Walking distances to the nearest Arterial or Collector from all properties abutting the subject site that do not have frontage on an Arterial or Collector will not increase more than 200 feet if the subject property were found to be exempt from this Section.

(7)

Middle Housing.

C.

To construction of new parking lots or expansion of existing parking lots, except in conjunction with the land uses exempted in Section 408-2.1. B. (4) and (5).

D.

To Parks (Type I) - Section 430-97.

E.

On those undeveloped or underdeveloped lands of five acres or more that are added into the UGB after August 24, 2000, the effective date of A-Engrossed Ordinance 552, Local Street Connectivity, the provisions of Section 408-6 shall apply.

408-2.2

Outside the Urban Growth Boundary the standards of Section 408-6.2 shall apply to all proposed Standard Land Divisions within an acknowledged Urban Reserve Area.

(Ord. No. 885A, § 2.1.(Exh. 1, § 15.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

408-3

Definitions

As used in this Section, the words listed below have the following meaning:

408-3.1

Accessway. An off-street way which is intended for use by pedestrians and/or bicycles. These are intended to be illuminated and paved pathways that provide pedestrian and bicycle access when a full street connection is not practicable.

408-3.2

Bikeway. A road, path, or way open to bicycle travel regardless of whether such facilities are designed for the preferential use of bicycles or are to be shared with other transportation modes. This includes a shared roadway, shoulder bikeway, bike lane or bike path. The basic design treatments used for bicycle travel on roads are shared roadways, shoulder bikeways and bike lanes. Enhanced versions of bikeways on roads include buffered bike lanes, cycle tracks and neighborhood bikeways (also called neighborhood greenways or bike boulevards). Off-street shared-use paths (also called multi-use trails) are also a type of bikeway.

408-3.3

Greenway. Any off-street way which is intended for travel use by pedestrian and bicyclists, but also intended for recreational use. Greenways may include linear parks, open space corridors, or multi-purpose corridors, as long as they are particularly intended for travel use by pedestrians and bicyclists.

408-3.4

Off-Site. All lands or facilities which are within the analysis area but are not on-site.

408-3.5

On-Site. All lands in the development application and one-half the right-of-way (to centerline) of roads lying adjacent to such lands.

408-3.6

Pedestrian Oriented Use. Those land uses which by their nature or neighborhood orientation attract a greater than average level of pedestrian use or serve as an essential destination. Pedestrian oriented uses include but are not limited to schools, parks, trails, transit stops and facilities, recreation centers, medical facilities, social service providers and commercial centers.

408-3.7

Pedestrian Way. Any paved way designated for the use by pedestrians regardless of preferential use by other transportation modes.

408-3.8

Sidewalk. A concrete way located generally parallel to a street and is generally within the right-of-way, which meets adopted design standards and is used primarily by pedestrians as a means of travel.

408-3.9

Street. A way which provides access to property, or provides travel between places by means of vehicles or other modes. A street may serve as a bikeway or pedestrian way.

408-3.10

Underdeveloped. A lot or parcel that has not been fully improved to a use permitted by the primary district through a Type II or III procedure, excluding the following Type II uses: home occupations, temporary uses, accessory uses and structures, and a detached dwelling.

408-3.11

Trail. Any Regional Trail, Community Trail, or Trail Refinement Area identified in the Transportation System Plan. Trails are typically off-street facilities that accommodate pedestrians and/or bicycles.

408-4

Circulation Analysis

408-4.1

For all development on a site of two acres or less the applicant shall submit a circulation analysis which at a minimum meets the Off-Site analysis requirements of Section 404-1.4. A larger analysis area may be required in order for the applicant to demonstrate compliance with the requirements of 408-5 or 408-6.

408-4.2

For all development on a site which exceeds two acres, the applicant shall submit a circulation analysis which at a minimum includes the subject site and the entirety of all property within 300 feet of the proposed development site. A larger analysis area may be required in order for the applicant to demonstrate compliance with the requirements of 408-5 or 408-6. This plan shall incorporate the following features both on-site and off-site:

A.

The neighborhood circulation plan shall be produced on paper that is 18" x 24" in size, or a size approved by the Director;

B.

Scale of Drawing - 1" to 100' is suggested, however, the scale may be increased or decreased at a scale approved by the Director;

C.

Existing and proposed topography for slopes of 10% of greater, with contour intervals not more than 10 feet;

D.

Drainage hazard areas, floodplains, and significant natural resources areas;

E.

The name, location, right-of-way, pattern and grades of all existing and approved streets, trails, bikeways, and pedestrian ways;

F.

Proposed streets, trails and/or off-street bikeways or pedestrian ways identified in the Transportation System Plan or Community Plans;

G.

All permanent structures;

H.

Property lines;

I.

Pedestrian oriented uses within 1,000 feet of the site;

J.

Regular Bus Service route, Frequent Bus Service route or an Existing High Capacity Transit station as designated on the Transportation System Plan;

K.

All streets and accessways proposed by the applicant;

L.

Future connections to established or planned roadways, accessways, trails, easements and other transportation facilities identified on the Transportation System Plan including Roadway or Active Transportation Refinement Areas; and

M.

Within designated Roadway Refinement Areas, Regional Trail Refinement Areas and High Capacity Transit Study Corridors identified in the Transportation System Plan, the development application must demonstrate how practicable solutions to the transportation need will (at a minimum) not be precluded by the proposed development.

408-5

Review Standards for Development on Lands Not Designated on the Community Plan Local Street Connectivity Maps or on Lands Not Designated as a Pedestrian/Bicycle District

The following review standards shall: 1) Be used to provide a generally direct and uncircuitous pattern of streets and accessways to ensure safe and convenient access for motor vehicles, pedestrians, bicyclists, and transit users; and 2) To ensure that proposed development will be designed in a manner which will not preclude properties within the circulation analysis area from meeting the requirements of Section 408-5. These standards are applicable to all lands that are not designated on a Community Plan's Local Street Connectivity map or as a Pedestrian/Bicycle District on the Transportation System Plan Pedestrian System map.

408-5.1

For single-family or Duplex residential development, on-site streets shall be provided which meet the following:

A.

Block lengths for Local Streets, Neighborhood Routes and Collector Streets shall not exceed 600 feet between through streets, measured along the nearside right-of-way line of the through street, except when the provisions of Sections 408-5.1 E., 408-5.5, 408-5.6 or 408-7 are met.

B.

The total length of a perimeter of a block for Local Streets, Neighborhood Routes and Collector Streets shall not exceed 1,800 feet between through streets, measured along the nearside right-of-way line, except when the provisions of Sections 408-5.1 E., 408-5.5, 408-5.6 or 408-7 are met.

C.

Vehicular access to properties adjoining the subject site shall be provided when the adjoining property:

(1)

Only has frontage on a street classified as an arterial or collector street in the Transportation System Plan;

(2)

Does not have approved permanent access consistent with Section 501-8.5 and does not qualify for an access on its frontage based on the standards in Section 501-8.5(B); and

(3)

Is considered to be redevelopable, for purposes of this section, based on either:

a.

Residential districts: The ability to partition, subdivide, or add attached dwelling units to meet minimum density standards; or

b.

Commercial, Industrial, or Institutional districts: Lack of permanent access consistent with the spacing standards in Section 501-8.5.

D.

Cul-de-sacs and permanent dead-end streets shall be prohibited except where construction of a through street is found to be impracticable due to the provisions of Section 408-5.1 E., or application of Sections 408-5.5, 408-5.6 or 408-7. When cul-de-sacs or closed end streets are allowed under these provisions, they shall be limited to 200 feet and no more than 25 dwelling units unless impracticable.

E.

The Review Authority may approve a modification to the review standards of Section 408-5.1 A., B., C., or D. above based on findings that the modification is the minimum necessary to address the constraint and the application of the standard is impracticable due to the following:

(1)

Topography, although grades that may be too steep for a street are not necessarily too steep for an accessway;

(2)

Drainage hazard areas, wetlands, floodplains, or a Significant Natural Resource area;

(3)

Existing development patterns on abutting property which preclude the logical connection of streets or accessways;

(4)

Abutting undeveloped or underdeveloped property is not designated R-5, R-6, R-9, R-15, TO:R9-12, TO:R12-18, TO:R18-24, FD-20, FD-10 or an urban reserve area;

(5)

Arterial access restrictions; or

(6)

Railroads.

F.

Streets shall connect to all existing or approved stub streets which abut the development site.

408-5.2

For single-family or Duplex residential development, an on-site pedestrian and bicycle circulation system shall be provided which meets the following:

A.

For blocks abutting an Arterial or Collector, when block lengths exceed 600 feet, an accessway shall be provided to connect streets for every 400 feet of frontage or portion thereof;

B.

Trails and accessways shall connect with all existing or approved trails and accessways which abut the development site;

C.

Accessways shall provide direct access to abutting pedestrian oriented uses which are not served by a direct street connection from the subject property. Accessways shall provide future connection to abutting underdeveloped or undeveloped property which is not served by a direct street connection from the subject property, where the abutting property line exceeds 100 feet, except for designated Industrial or General Commercial land.

Where the abutting property line exceeds 400 feet, additional accessways may be required by the Review Authority based on expected pedestrian demand. The Review Authority may reduce the number of required accessways to abutting properties if a) Such a reduction results in spacing of streets and/or accessways of 330 feet or less, and b) Reasonably direct routes are still provided for pedestrian and bicycle travel in areas where pedestrians and bicycle travel is likely if connections are provided. Construction of a trail identified on the Transportation System Plan Pedestrian System map may substitute for such an accessway.

D.

Direct connection of cul-de-sacs and dead-end streets to the nearest available street or pedestrian oriented use;

E.

Accessways may be required to stub into adjacent developed property if the Review Authority determines that existing development patterns or other constraints do not physically preclude future development of an accessway on the developed property or the adjacent developed property attracts a greater than average level of pedestrian use. Construction of a trail identified on the Transportation System Plan Pedestrian System map may substitute for such an accessway.

F.

Trails identified on the Transportation System Plan shall be consistent with the identified alignment and may be required. Regional Trail Refinement Areas identified on the Transportation System Plan shall consider potential trail alignments and not preclude implementation of the trail. Construction of the Regional Trail identified by the refinement area may be required.

408-5.3

For all development which is not single-family or Duplex residential, on-site streets and/or trails shall connect to all existing or approved stub streets or trails which abut the development site;

408-5.4

For all development which is not single-family or Duplex residential, an on-site pedestrian and bicycle circulation system shall be provided which meets the following:

A.

Trails, accessways and internal pedestrian walks within the site as required by Sections 408-9.13, 408-9.14, 408-9.17, and 408-10;

B.

Accessways shall provide future connection to abutting underdeveloped and undeveloped property for each abutting parcel where the property line exceeds 100 feet. Where abutting property lines exceed 400 feet, additional accessways may be required by the Review Authority based on expected pedestrian demand. Where the main building on the site is setback 50 feet or less, the Review Authority may modify the accessway requirement to abutting properties based on a determination that the sidewalk or trail in the public right-of-way provides a reasonably direct route.

(1)

Accessways are not required to abut underdeveloped or undeveloped properties that have an industrial land use designation or to abut undeveloped or underdeveloped residential property less than 1 acre in size.

(2)

Trails identified on the Transportation System Plan Pedestrian System map are required to be provided to the abutting property line along an alignment consistent with the Transportation System Plan regardless of land use designation or development status.

C.

Trails and accessways shall connect with all existing or approved trails or accessways which abut the development site;

D.

Accessways shall provide direct access to nearby pedestrian oriented uses which are not served by a direct street connection from the subject property;

E.

Direct connection of cul-de-sacs and dead-end streets to the nearest available street or pedestrian oriented use;

F.

Accessways may be required to stub into adjacent developed property if the Review Authority determines that existing development patterns or other constraints do not physically preclude future development of an accessway on the developed property and current or probable future use of the adjacent property will generate pedestrian or bicycle trips that are likely to use the accessway. Construction of a trail identified on the Transportation System Plan Pedestrian System map may substitute for such an accessway; and

G.

Trails identified on the Transportation System Plan shall be consistent with the identified alignment and may be required. Regional Trail Refinement Areas identified on the Transportation System Plan shall consider potential trail alignments and not preclude implementation of the trail. Construction of the Regional Trail identified by the refinement area may be required.

408-5.5

The Review Authority may approve a modification to the review standards of Section 408-5 based on findings that strict compliance with the standards is not practicable due to topography, the standards of Sections 421 and 422, existing development patterns on abutting property which preclude the logical connection of streets or accessways, or the provisions of a Significant Natural Resource as identified in the Community Plan, and that the modification is the minimum necessary to address the constraint.

408-5.6

The Review Authority may approve a modification to the dimensional standards in Section 408-5 based on findings that these standards conflict with the standards of Article V or other traffic safety concerns identified through the development review process and that the modification is the minimum necessary to address the constraint.

(Ord. No. 851A, § 2.B.(Exh. 2), 8-27-19, eff. 9-27-19; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

408-6

Review Standards for Development on Lands Designated in the Community Plan Local Street Connectivity Maps or on Lands Designated as a Pedestrian/Bicycle District

The following review standards shall apply to lands designated on a community plan's Local Street Connectivity map or as a Pedestrian/Bicycle District on the Transportation System Plan's Pedestrian System map and shall be used to:

A.

Meet Metro's street connectivity requirements;

B.

Provide a generally direct and uncircuitous pattern of streets and accessways to ensure safe and convenient access for motor vehicles, pedestrians, bicyclists, and transit users; and

C.

Ensure that proposed development will be designed in a manner which will not preclude properties within the circulation analysis area from meeting the requirements of this section.

408-6.1

In the event of a conflict between the standards in Section 408-6 and Local Street Connectivity maps element or specific Town Center or LRT Station Community Plan elements, the more specific Community Plan elements shall control.

408-6.2

For residential, office, retail, and institutional development, on-site streets shall be provided which meet the following:

A.

Block lengths for Local Streets, Neighborhood Routes and Collector Streets shall not exceed 530 feet between through streets, measured along the nearside right-of-way line of the through street, except when the provisions of Sections 408-6.2 G., 408-6.4, 408-6.5 or 408-7 are met.

B.

The total length of a perimeter of a block for Local Streets, Neighborhood Routes and Collector Streets shall not exceed 1,800 feet between through streets, measured along the nearside right-of-way line, except when the provisions of Sections 408-6.2 G., 408-6.4, 408-6.5 or 408-7 are met.

C.

Vehicular access to properties adjoining the subject site shall be provided when the adjoining property:

(1)

Only has frontage on a street classified as an arterial or collector street in the Transportation System Plan;

(2)

Does not have approved permanent access consistent with Section 501-8.5 and does not qualify for an access on its frontage based on the standards in Section 501-8.5(B); and

(3)

Is considered to be redevelopable, for purposes of this section, based on either:

a.

Residential districts: The ability to partition, subdivide, or add attached dwelling units to meet minimum density standards; or

b.

Commercial, Industrial, or Institutional districts: Lack of permanent access consistent with the spacing standards in Section 501-8.5.

D.

Cul-de-sacs and permanent dead-end streets shall be prohibited except where construction of a through street is found to be impracticable due to the provisions of Section 408-6.2 G., or application of Sections 408-6.4, 408-6.5 or 408-7.

E.

Streets shall connect to all existing or approved stub streets which abut the development site.

F.

When cul-de-sacs are allowed, they shall be limited to 200 feet and no more than 25 dwelling units unless impracticable.

G.

The Review Authority may modify the review standards of Section 408-6.2 A., B., C., or D. above based on findings that the modification is the minimum necessary to address the constraint and the application of the standard is impracticable due to the following:

(1)

Topography, although grades that may be too steep for a street are not necessarily too steep for an accessway;

(2)

Drainage hazard areas, wetlands, floodplains, or a Significant Natural Resource area;

(3)

Existing development patterns on abutting property which preclude the logical connection of streets or accessways;

(4)

Abutting undeveloped or underdeveloped property is not designated with an urban residential district, a transit oriented district, FD-10, FD-20 or an urban reserve area;

(5)

Arterial access restrictions; or

(6)

Railroads.

408-6.3

For residential, office, retail, and institutional development, an on-site pedestrian and bicycle circulation system shall be provided which meets the following:

A.

For blocks abutting an Arterial or Collector, when block lengths exceed 530 feet, an accessway shall be provided to connect streets for every 330 feet of frontage or portion thereof. A trail identified on the Transportation System Plan Pedestrian System map may substitute for such an accessway;

B.

Accessways shall connect with all existing or approved accessways which abut the development site;

C.

Accessways shall provide the most reasonably direct access to abutting pedestrian oriented uses which are not served by a direct street connection from the subject property. Accessways shall provide future connection to abutting underdeveloped or undeveloped property which is not served by a direct street connection from the subject property, where the abutting property line exceeds 100 feet, except for designated Industrial or General Commercial land.

Where the abutting property line exceeds 400 feet, additional accessways may be required by the Review Authority based on expected pedestrian demand. The Review Authority may reduce the number of required accessways to abutting properties if:

1)

Such a reduction results in spacing of streets and/or accessways of 330 feet or less, and

2)

Reasonably direct routes are still provided for pedestrian and bicycle travel in areas where pedestrians and bicycle travel is likely if connections are provided.

D.

Direct connection of cul-de-sacs and dead-end streets to the nearest available street or pedestrian oriented use;

E.

Accessways may be required to stub into adjacent developed property if the Review Authority determines that existing development patterns or other constraints do not physically preclude future development of an accessway on the developed property and the adjacent developed property attracts a greater than average level of pedestrian use. A trail identified on the Transportation System Plan Pedestrian System map may substitute for such an accessway;

F.

Trails shall connect with all existing or approved trails which abut the development site. Trails identified on the Transportation System Plan shall be consistent with the identified alignment and may be required. Regional Trail Refinement Areas identified on the Transportation System Plan shall consider potential trail alignments and not preclude implementation of the trail. Construction of the Regional Trail identified by the refinement area may be required.

408-6.4

The Review Authority may approve a modification to the review standards of Section 408-6, based on findings that strict compliance with the standards is not practicable due to:

A.

Topography;

B.

The standards of Sections 421 or 422;

C.

Existing development patterns on abutting property which preclude the logical connection of streets or accessways, or;

D.

The provisions of a Significant Natural Resource as identified in a Community Plan.

The modification shall be the minimum necessary to address the constraint.

408-6.5

The Review Authority may approve a modification to the dimensional standards in Section 408-6 based on findings that the application of these standards creates a conflict with the standards of Article V or other traffic safety concerns identified through the development review process and that the modification is the minimum necessary to address the constraint.

(Ord. No. 851A, § 2.B.(Exh. 2), 8-27-19, eff. 9-27-19)

408-7

Modification of Standards For an Alternate Design Through a Type III Procedure

The Hearings Officer may approve a modification to the circulation analysis review standards of Section 408-5 or 408-6 through a Type III procedure based on findings that:

408-7.1

The applicant has submitted an alternate design which serves the purpose of providing safe, convenient and direct pedestrian and bicycle access and access to transit consistent with the standards of the Transportation System Plan, the Community Plans, the Transportation Planning Rule (OAR 660-012), and Metro's Urban Growth Management Functional Plan; and

408-7.2

The development's proposed circulation analysis for pedestrian, bicycle and access to transit meets the following criteria:

A.

Does not preclude abutting property from meeting the review standards of Section 408-5 or 408-6;

B.

Provides street, trail and accessway connections to all existing or approved stub streets, trails and accessways which abut the site;

C.

Provides streets, trails and accessways as required by Section 408-5 and 408-6;

D.

Provides a street and pedestrian/bicycle circulation system which is compatible with abutting developed property;

E.

Provides safe, convenient and generally direct access to transit and nearby pedestrian oriented uses;

F.

Walking distances on pedestrian ways within and from the new development are not increased from what would be developed under the requirements of Section 408-5 or 408-6; and

G.

Provides for all facilities identified on the Transportation System Plan.

408-8

Ownership, Liability and Maintenance of Accessways

To ensure that all accessways will be adequately maintained over time, the Review Authority shall require the following:

408-8.1

The developer shall incorporate the accessway in a recorded tract, and shall convey the tract to the county for ownership, liability and maintenance. The assurance provisions of Section 501-8.8 shall apply; or

408-8.2

The developer shall incorporate the accessway in a recorded easement or tract which specifically requires the property owner and future property owner(s) to provide for the ownership, liability, and maintenance of the accessway. In this case, the Review Authority shall determine whether the accessway shall be recorded as an easement or as a tract.

408-9

Accessway, Trail and Greenway Design

408-9.1

Accessways shall be direct with at least one end of the accessway always visible from any point along the accessway.

408-9.2

Accessways shall have a maximum slope of 5% wherever practical.

408-9.3

Accessways shall be no longer than 300 feet in length between streets. Accessways less than 150 feet in length shall include a 15-foot wide right-of-way with a 10-foot wide paved surface to safely accommodate both bicycles and pedestrians. For accessways over 150 feet, a 20-foot right-of-way shall be provided with a 10-foot wide paved surface. The length of the accessway shall be measured from the edge of right-of-way between streets.

408-9.4

Fencing along or within ten feet of lot lines adjacent to accessways is permitted, provided that it is constructed of metal or wood and does not exceed five feet in height. Solid, opaque fences are not permitted.

408-9.5

The paved portion of the accessway shall be free of horizontal obstruction and shall have a 9-foot, 6-inch vertical clearance to accommodate bicyclists.

408-9.6

All accessways shall be landscaped. New landscaping materials shall be selected and sited in conformance with Section 407-2.3, and be limited to canopy trees, shrubs, ground cover, vines, flowers, lawns, brick, bark, timber, decorative rock or other decorative materials which meet requirements of Section 407-2.2.

408-9.7

Existing trees within the right-of-way are subject to preservation or removal according to procedures in Section 407-3.

408-9.8

Where street lighting is not present at accessway entrances, pedestrian scale lighting not to exceed 16 feet in height, having a minimum of 0.5 footcandles average illumination and a uniformity ratio not exceeding 5:1 shall be provided at both entrances to all accessways, and may also be required at intermediate points along the accessway as determined by the county engineer or building official. The following conditions shall also apply:

A.

The lamp shall include a high-pressure sodium bulb with an unbreakable lens; and

B.

Lamps shall be oriented so as not to shine excessive amounts of light upon adjacent residences or into nearby habitat areas.

408-9.9

Accessway surfaces shall be constructed of asphaltic concrete according to the County Road Standards or other all-weather surfaces (including pervious paving materials) as approved by the County Engineer.

408-9.10

Accessway curb ramps shall be provided where accessways intersect with streets.

408-9.11

Accessways shall be signed to prohibit access by unauthorized motor vehicles where accessways intersect with streets.

408-9.12

Accessways shall require a physical barrier at all intersections with streets, to prevent use of the facility by unauthorized motor vehicles. Barriers shall:

A.

Be removable, lockable posts permitting access by authorized vehicles;

B.

Be reflectorized for night visibility and painted a bright color for day visibility; and

C.

Be spaced 5 feet apart.

408-9.13

When an accessway is provided between two properties, and at least one of the accessways is an internal connection, the accessway shall be 10 feet wide. For example, a shopping center required to provide a connection to an undeveloped office commercial property shall leave at least a 10-foot wide gap in any fence or berm built near the property line at the end of the connection.

408-9.14

When an accessway is required to connect to an existing accessway, and the existing accessway has a paved width less than ten feet, a transition shall be provided between the two accessways as part of the required accessway.

408-9.15

Greenways, intended to partially fulfill the circulation review standards in 408-5, shall include a minimum 30-foot wide right-of-way with a 10-foot wide paved surface. Greenways may exceed 300 feet. Greenways shall also meet the standards of 408-9.5 through 408-9.12.

408-9.16

The Review Authority may modify the accessway and greenway design standards based on findings that strict compliance with the standards is not practicable, and that the modification is the minimum necessary to address the constraint.

408-10

Internal Pedestrian Circulation

408-10.1

Number of Pedestrian Connections

A.

All developments with 20 or more parking spaces or that generate 14 or more additional ADT shall provide a pedestrian connection between the street and the main entrance of the primary structure on the lot. For lots with more than one street frontage, a connection shall be provided to each street. As an alternate for new development on lots with multiple buildings, a pedestrian connection shall be provided between the street and the center of the internal pedestrian network. These requirements do not apply to single-family or Duplex residential development.

B.

All developments that generate 500 or more ADT shall provide:

(1)

A connection from the main entrance of the primary structure to within 20 feet of any transit stop located along the frontage of the subject property;

(2)

A connection to within 20 feet of any mid-block pedestrian crossing; and

(3)

A connection for every 200 feet of street frontage including connections provided per (1) and (2) above. Connections shall be generally spaced to ensure direct access to buildings on the lot for pedestrians accessing the lot from any direction.

C.

As an alternative to 408-10.1 A. and B. (1-3) above, pedestrian connections shall be provided for new development as part of campus development which connect each building within the campus area and directly connect the building complex to the most appropriate street(s) or pedestrian route(s). More than one pedestrian connection may be required to a particular street or pedestrian route in order to decrease out of direction travel.

D.

In addition to pedestrian connections required by 408-10.1 A. and 408-10.1 B., connections shall be provided between the proposed development and all off-site pedestrian connections on adjacent properties or streets as required by Sections 408-5 or 408-6.

E.

The most reasonably direct internal pedestrian connections shall also be provided between different major developments on the lot, such as from one building to another, or between an on-site recreation facility to a building. Connections are not required between buildings or portions of a lot which are not intended for or likely to be used by pedestrians.

F.

For new development that is part of a larger existing use that shares common automobile parking spaces and access and is under common ownership, and the total larger use generates 500 or more ADT and does not meet the standards of 408-10.1 B. 408-10.1 C., 408-10.1 D. or 408-10.1 E., the following pedestrian connections shall be provided:

(1)

For new development that results in an increase of more than 10%, but less than 50% of the ADT of the larger use, a pedestrian connection shall be provided between the abutting street with the highest functional classification (except freeways) and the internal pedestrian network of the larger use or the main entrance of the primary structure on the site. If one or more abutting streets of the larger use have the same functional classification, a connection shall be provided to all streets with the highest functional classification. Pedestrian connections shall be designed consistent with Section 408-9.3.

(2)

For new development that results in an increase of 50% or more of the ADT of the larger use, the larger use shall meet the standards of 408-9.1 B., 408-9.1 C., 408-9.1 D., and 408-9.1 E.

408-10.2

Reduction of Number of Pedestrian Connections

A reduction of the number of pedestrian connections required by 408-9.1 A. through D. may be granted by the Review Authority based on a determination that reducing the number of connections would not result in an increase in out of direction travel from the street or trail to any main building entrance for pedestrians or cyclists accessing the site from: 1) An off-site accessway or trail, 2) The sidewalk or shoulder along the street where the property has frontage, 3) A transit stop, 4) Pedestrian crossings on Arterials and Collectors, and 5) from pedestrian oriented uses across a Collector, Neighborhood Route or Local Street.

408-10.3

Pedestrian Connection Design

A.

Connections shall be as direct as practicable; circuitous routes shall be avoided.

B.

Where connections cross driveways, parking areas, or loading areas, the connection must be clearly identifiable through the use of striping, elevation changes, speed bumps, a different paving material, or other similar method. If striping is used to identify a connection, the striping must be thermal plastic striping or other heavy-duty material that will have relatively little maintenance. Where connections are parallel and adjacent to an auto travel lane, the connection must be safely separated from the auto travel lane through the use of a raised path, a raised curb, bollards, landscaping or other physical barrier.

C.

Connections shall be at least 10 feet in paved unobstructed width when bicycles are intended to share the connection. When bicycle travel is otherwise adequately provided, connections shall be at least 5 feet in paved unobstructed width. Connections which are likely to be used at night must be lighted. If lighting for other purposes provides adequate light to a pedestrian connection, separate lighting is not required.

(Ord. No. 827A, § 2.A.(Exh. 1, § 4), 10-24-17, eff. 11-24-17; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

408-11

Community Plan Pedestrian Connectivity Areas

408-11.1

Pedestrian connectivity areas are areas identified on the applicable community plans where pedestrian and bicycle facilities are needed to improve local pedestrian and bicycle connectivity. These are areas where the pedestrian and bicycle facilities will connect neighborhoods and/or provide a more direct route for pedestrians and cyclists to use. Each pedestrian connectivity area identifies the locations that are to be connected. The appropriate types of pedestrian and bicycle improvements within these areas are sidewalks along streets, accessways, off-street trails, off-street pathways, or a combination of these improvements.

408-11.2

The pedestrian connectivity areas identify the entirety of each parcel where the pedestrian and bicycle facilities may be provided across is shown. For other pedestrian connectivity areas, a particular type of facility and its location is identified, such as an accessway. Through the development review process, the appropriate type of facilities to be provided in these areas and their location will be identified, except in those areas where a specific facility is shown. The required pedestrian and bicycle facilities shall be constructed as part of the development of the affected properties.

A private street means any way that provides ingress to, or egress from, property by means of vehicles or other means, or that provides travel between places by means of vehicles, and over which the public has no right of use as a matter of public record.

409-1

Intent and Purpose

It is the intent of this Section to regulate the development of certain private streets to ensure that they are constructed to meet minimum safety and structural standards for their intended use, and that maintenance of these facilities is provided for.

409-2

Applicability

409-2.1

The requirements of Sections 409-3 and 409-4 shall apply to the development of private streets inside an urban growth boundary for the following:

A.

Detached and attached homes on separate lots when a private street:

(1)

Exceeds 100 feet in length;

(2)

Serves or will serve three or more lots or units; or

(3)

Serves flag lot(s); and

B.

Commercial, industrial, institutional, and multi-dwelling residential:

(1)

Which provide access to more than one parcel, development, or multiple uses on a single parcel or development, and;

(2)

Which is not a parking aisle or parking lot driveway.

C.

Uses described below, except that requirements of Section 409 are limited as follows:

(1)

When any Single Detached Dwelling Unit or Duplex fronts a private street not described in A, above:

(a)

Drainage shall be addressed as required by Section 410;

(b)

Evidence of easement rights and provisions consistent with Section 409-4.1 and 409-4.2 must be provided if the street will serve more than one unit.

(2)

When Middle Housing development other than a Duplex fronts a private street:

(a)

Written confirmation from the Fire Marshal must be submitted with the application, consistent with requirements for "Sufficient Infrastructure" as defined in Section 106, that access from a public street system to the site via public or private streets meets emergency vehicle access standards;

(b)

Drainage shall be addressed as required by Section 410; and

(c)

Evidence of easement rights and provisions consistent with Section 409-4.1 and 409-4.2 must be provided.

(3)

When a Middle Housing Land Division is proposed the following must be provided:

(1)

Evidence of compliance with requirements of 409-2.1 C(2)(a); and

(2)

All private street frontage, along resulting lots only, shall meet street and sidewalk requirements of Section 409.

409-2.2

The requirements of Section 409-5 shall only apply to private streets outside an urban growth boundary.

409-2.3

In transit oriented districts, all private streets shall meet the requirements of Section 431. In the event there is a conflict between the requirements of Section 431 and this Section, the requirements of Section 431 shall control. (See Section 431 for use-specific exclusions).

(Ord. No. 885A, § 2.1.(Exh. 1, § 16.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

409-3

Urban Private Street Standards

409-3.1

A private street may be permitted when all of the following criteria are met:

A.

The street is not needed to provide access to other properties in the area in order to facilitate provisions of the applicable Community Plan(s), the Transportation Plan, or Section 431, access spacing, sight distance, and circulation standards and requirements, or emergency access standards or concerns;

B.

The street is not designated as a proposed facility in the Transportation Plan, or is not identified as a public street in the applicable Community Plan or by the requirements of Section 431;

C.

The street is not designated as a public street by a previous land use action, or by a study adopted by the county;

D.

The street does not serve as a collector or arterial street, or as a Special Area Commercial Street; and

E.

In transit oriented districts, the street is permitted as a private street by Section 431.

409-3.2

Notwithstanding the above criteria for access spacing, circulation, emergency access, and collector function, the Review Authority may approve a private street in conjunction with a proposed development upon adequate findings from the applicant that environmental or topographic constraints make construction of a public street impractical and that no serious adverse impacts will occur to surrounding properties or roads.

409-3.3

All streets proposed to be of private ownership inside the UGB shall conform to the following standards:

A.

Local Residential Streets:

*Adequate turn around facilities shall be provided pursuant to Section 409-3.7.

** Minimum pavement width does not include parking. If parking is permitted for development of a private street, the paved width of the private street shall be constructed to meet the applicable public street width standard.

***Curbs shall be required only if they are needed for drainage.

****Sidewalk and curb may be omitted on one side of the street subject to the following:

•Site width/shape can accommodate new residential lots only along one side of the street, and that side of the street shall be provided with curb and sidewalk for its full length;

•No residential or pedestrian-oriented use (as defined in Section 408-3.6) exists or can reasonably be accommodated on-site or abutting the site along the opposite side of the street, based on considerations such as topography, land use district, or existing development;

•If curb is needed for drainage where sidewalk is omitted, curb shall be required;

•The development will meet Neighborhood Circulation requirements of Section 408.

B.

Private Commercial and Industrial Streets:

*Adequate turn around facilities shall be provided pursuant to Section 409-3.7.

** Minimum pavement width does not include parking. If parking is permitted for development of a private street, the paved width of the private street shall be constructed to meet the applicable public street width standard.

***Curbs shall be required only if they are needed for drainage.

C.

Private Street Length:

For the purpose of this Section, private street length shall be measured as the distance between the near side curb line of the intersecting street and the far edge of pavement of the private road, including any turnaround.

D.

Private Street Width:

The entire length of the individual private street tract shall maintain the required paved width based on the total units or ADT as specified in Section 409-3.3 A. or B. Tapering of the private street width is not allowed. Emergency turnarounds designed in accordance with approved Fire Marshal standards are exempt from this restriction.

E.

Accessory Dwelling Units (430-2) do not count as units for purposes of determining the applicable private street standards.

409-3.4

Private Street Design and Construction

A.

Construction Plans

(1)

Construction plans for private streets constructed per Sections 409-3.3 A.(3), A.(8 through 11), or B.(1 through 10) shall be prepared by a registered civil engineer. Prior to final approval, written certification shall be provided by the engineer that the proposed design complies with the applicable requirements of Sections 409-3.3, 409-3.5 and 409-3.6, any modifications approved pursuant to Section 409-3.8 and in accordance with the preliminary approval.

(2)

Construction plans for private streets constructed per Sections 409-3.3 A. (1, 2, 4, 5, 6 or 7) are not required to be prepared by a civil engineer unless the applicant chooses to construct the street in accordance with the County road standards as provided by Section 409-3.6 A.(1).

(3)

Final construction plans for all private streets shall be submitted prior to final approval.

B.

Private Street Construction

(1)

Private streets constructed per Section 409-3.3 A.(3), A.(8 through 11), or B.(1 through 10) shall be constructed prior to final plat approval for Land Divisions; or prior to occupancy or issuance of a certificate of occupancy for commercial, industrial, institutional or multi-family development, whichever occurs first. The applicant's engineer shall provide written certification that the street(s) has been constructed in accordance with the certified final construction plans.

(2)

Private streets constructed per Section 409-3.3 A. (1, 2, 4, 5, 6, or 7) shall be constructed prior to final plat approval unless approved otherwise by the Director. The applicant's engineer or contractor shall provide written certification that the street was constructed in accordance with the final construction plans prior to final approval, or prior to issuance of any building permit within the development when the Director permits the street to be constructed after final approval.

409-3.5

Private Street Tracts

The pavement width of all private streets, except private streets serving one or two single-family residential lots or parcels, shall be located in a tract which meets the provisions of Section 409-4. Sidewalks and curbs may be located outside a tract on individual lots or parcels when approved by the Review Authority provided the following standards are met:

A.

The sidewalk or curb is located in an easement subject to an access and maintenance agreement consistent with the criteria in Section 409-4.1; and

B.

Except in transit oriented districts, a minimum 20-foot setback to the garage vehicle entrance, measured from the sidewalk or easement for public travel, whichever is closest shall be provided. In transit oriented districts, the minimum setback to the garage vehicle entrance shall be no less than the minimum setback required by Section 375 or Section 431.

409-3.6

Structural Section Key:

All private streets shall be constructed to the following minimum standards as identified in Section 409-3.3:

A.

Structural Section Type:

(1)

Three-inch Type "C" AC over 6 inches compacted crushed rock or in accordance with the standards of the Washington County Road Design and Construction Standards.

(2)

Three-inch Type "C" AC over 2 inches of three-quarter minus and 6 inches of 2-inch minus compacted crushed rock or in accordance with the standards of the Washington County Road Design and Construction Standards.

(3)

Two-inch Type "C" AC over 2-inch Type "B" AC over 2 inches of three-quarter minus and 6 inches of 2-inch minus compacted crushed rock or in accordance with the standards of the Washington County Road Design and Construction Standards.

(4)

Two inches Type "C" AC over 3 inches Type "B" AC over 2 inches of three-quarter minus and 6 inches of 2-inch minus compacted crushed rock or in accordance with the standards of the Washington County Road Design and Construction Standards.

(5)

In lieu of being constructed of asphaltic concrete as described in items (1) through (4) above, private streets or driveways may be constructed of pervious paving materials when the applicant's engineer provides written certification with the application that appropriate site conditions exist for the use of pervious materials and that the proposed design and construction will be equal to or superior to the structural standards specified in the table in Subsections 409-3.3 A. and B.

B.

Curb Standards Type:

(1)

Standard curb and gutter, 6 inches exposed (see standard drawings of the County Road Standards).

(2)

Mountable curbs (see standard drawing of the County Road Standards).

(3)

When vegetated stormwater management facilities will be used to convey and treat street runoff, curb cuts will be allowed for the purpose of draining runoff from the private street or driveway.

C.

Sidewalks:

(1)

Concrete sidewalks, minimum 5 feet width (see standard drawings of the County Road Standards), and sidewalk ramps at street corners.

(2)

In lieu of being constructed of concrete, as described in (1) above, sidewalks may be constructed of pervious paving materials when the applicant's engineer provides written certification with the application that appropriate site conditions exist for the use of pervious materials and that the proposed design and construction will be equal to or superior to the structural standards specified in (1) above.

D.

Drainage:

All roadways shall be drained pursuant to the requirements of the Drainage Standards, Section 410.

E.

Additional Street Design Requirements:

Street design characteristics not otherwise addressed in this section such as intersections, sight distance, and vertical and horizontal alignments, shall be designed to meet nationally accepted specifications and standards, and shall be approved by the appropriate fire district.

409-3.7

Emergency Service and Solid Waste and Recycling Collection Provider Access:

A dead-end private street (includes alleys) exceeding 150 feet in length shall have an adequate turn around facility designed in accordance with approved Fire Marshal standards unless:

A.

The Fire Marshal determines that a turnaround is not needed to provide emergency service vehicle access; and

B.

The solid waste coordinator for the Washington County Health & Human Services Solid Waste and Recycling Program determines that a turnaround is not needed to provide solid waste and recyclable collection vehicle access.

409-3.8

Modification of Private Road Standards

A variance to the provisions of Section 409-3.3 may be approved by the Review Authority in accordance with Section 435 and the following:

A.

The design has been approved by the appropriate Fire Marshal and by the solid waste coordinator;

B.

The design has been prepared, submitted and certified by a registered engineer (Oregon); and

C.

The design has been documented and references nationally accepted specifications or standards.

(Ord. No. 842, § 2.A.(Exh. 1, § 6), 9-18-18, eff. 11-23-18; Ord. No. 855, § 2.A.(Exh. 1, § 21), 8-6-19, eff. 11-28-19; Ord. No. 866, § 2.C.(Exh. 3, § 18), 9-1-20, eff. 10-1-20; Ord. No. 885A, § 2.1.(Exh. 1), 6-28-22, eff. 7-28-22; Ord. No. 889A, § 2.C.(Exh. 3, § 14.), 2-7-23, eff. 3-9-23)

409-4

General Provisions For Urban Private Streets

409-4.1

A recorded document providing for the ownership, use rights, and allocation for liability for maintenance of all private streets, including curbs and sidewalks, shall be submitted to the Review Authority prior to or in conjunction with final approval.

409-4.2

When streets are proposed to be private, access easements shall be provided to all properties needing access to the private street.

409-4.3

A traffic signing plan shall be provided for proposed private streets. At a minimum, the Review Authority shall require a standard "stop sign" at the intersection of private and public streets, "No Parking" signs as applicable, and a sign stating "private street, not maintained by Washington County" at the entrance to the public street. Dead end streets shall be so signed.

409-4.4

Private streets which access public or county roads shall be located, designed and constructed (within the public right-of-way) in accordance with adopted standards for county roads.

409-4.5

Private street access to a county or public road shall be permitted only upon issuance of an access permit upon demonstration of compliance with the provisions of the county road standards, the standards of this Section and Section 501-8.5. Additional sight distance may be required where a safety hazard exists.

409-4.6

Urban private streets providing access to residential developments in a Regional or Town Center, Light Rail Station Community, Main Street or Transit Corridor shall not be gated except when required by the Director to address an operational or safety issue or as permitted by Section 431-4.2E(2). Urban private streets outside of these areas that provide access to residential Land Divisions or attached unit residential developments from a county or public street may be gated when approved by the applicable Fire Marshal and the Washington County Traffic Engineering Division. Documentation shall also be obtained from affected service providers confirming that the gate will not interfere with their provision of services and/or ability to access and maintain their infrastructure.

(Ord. No. 855, § 2.A.(Exh. 1, § 21), 8-6-19, eff. 11-28-19; Ord. No. 889A, § 2.C.(Exh. 3, § 14.), 2-7-23, eff. 3-9-23; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

409-5

Private Streets Outside an Urban Growth Boundary

409-5.1

Private streets (driveways), or portions thereof, shall demonstrate adequate accessibility for emergency vehicles. The private street (driveway) shall comply with the access road requirements of the Oregon Fire Code. If new parcels are created, Section 409-5.2, below, applies.

Compliance with the Oregon Fire Code shall be assessed upon submittal of a site plan and accompanying narrative illustrating all improvements needed for the existing and proposed private driveways longer than 150 feet to meet the standards in the current Oregon Fire Code, including:

(1)

Turnaround alternative for dead-end streets/driveways;

(2)

Turnouts for access roads longer than 400 feet;

(3)

Road gradient and road width; and

(4)

Surface and load capacities of the road.

The Fire Marshal shall have the first opportunity to review private streets (driveways), per item A., below. If the Fire Marshal fails to review the private street (driveway), or in cases where no Fire Marshal has jurisdiction, approval by the Building Official or his designee is required, as outlined under item B., below. In these cases, the applicant shall provide evidence that the Fire Marshal waives his review.

A.

Fire Marshal Review

To demonstrate compliance, the applicant shall provide a site plan signed by the Fire Marshal or designee illustrating all required improvements to the entire driveway between the development and the public street providing access. The signature serves to acknowledge that the length of the private street (driveway), once improved as shown on the site plan, can meet District standards for access for emergency vehicles.

B.

Building Official Review

(1)

For private streets (driveways) or portions thereof outside of Fire District boundaries, or which have not previously been reviewed by the Fire Marshal, the Building Official shall review the private street (driveway) for compliance with the Oregon Fire Code. The Building Official's initials on the site plan and narrative serve to acknowledge that the length of the private street (driveway), once improved as shown on the site plan, can meet Fire Code standards for access for emergency vehicles.

(2)

Private streets (driveways) for which existing portions have previously been reviewed and approved by the Fire Marshal, the applicant shall demonstrate prior approval of the existing portion of the private street (driveway) by providing evidence of Fire Marshal approval of the constructed street. If the applicant does not provide adequate evidence of prior Fire Marshal approval, current standards are applicable.

(a)

If Building Official review determines that a previously approved private street (driveway) still meets the standards under which it was originally approved, no changes shall be required to the previously approved portion of the street.

(b)

If the Building Official finds that the private street (driveway) no longer meets the specifications previously approved by the Fire Marshal, he may require that the road be brought up to the originally-approved specifications before approving the access.

409-5.2

All private streets providing access from a public roadway to a proposed Land Division shall meet the following standards:

A.

Have a minimum sight distance in compliance with adopted county standards at any intersection with a public road. Additional sight distance may be required where safety hazards exist.

B.

For each private street, there shall be a legal recorded document which includes:

(1)

A legal description of the proposed easement;

(2)

Ownership of the street;

(3)

Use rights; and

(4)

A maintenance agreement which includes Fire Marshal approved street specifications and turn around area (if required) and the allocation and/or method of determining liability for maintenance. For new private streets, this agreement shall be a maintenance and construction agreement which addresses the above elements.

C.

Each private street shall have a sign stating: "private street, not maintained by Washington County." Dead end streets shall be so marked.

D.

Where drainage conditions require it, a private street shall be ditched in conformance with the county road standards.

E.

Private streets which access public or county roads shall be located, designed and constructed (within the public right-of-way) in accordance with adopted standards for county roads.

F.

Prior to establishing a private driveway or a private street, the owner shall obtain an access permit for access to the intersecting public road and pay the prescribed fee. As a condition of granting access to a public road, the county may require the applicant to clean the ditch serving the parcel and remove sight obstructing vegetation in the vicinity of the access.

G.

If an existing driveway or privately maintained street is to be used as an access in a proposed Land Division, the applicant shall submit at preliminary review a letter from the appropriate Fire Marshal stating that the proposed access is satisfactory to serve the proposed parcels, or the letter shall set forth the improvements required to make the access satisfactory.

H.

To establish a new private road, the applicant shall submit at preliminary review the following information:

(1)

A written statement from the appropriate Fire Marshal setting forth the road standards that are applicable to the proposed development;

(2)

Preliminary road construction plans, including right-of-way and road surface widths, grading, drainage and surface type (for example, asphalt pavement or gravel). Private streets shall comply with the grading and drainage standards of Section 410. Final construction plans shall be submitted prior to final approval; and

(3)

A statement of the maximum number of dwellings, or lots or parcels the street can serve.

I.

For private streets created through a Partition, the applicant shall comply with one of the following:

(1)

Prior to final approval of the Partition, construct the private street in accordance with the plans and specifications approved in the preliminary approval. The appropriate Fire Marshal or, if the Fire Marshal fails to review the private street, approval by the Building Official or his designee shall inspect and approve the private street for conformance to the standards originally approved. A written letter of approval shall be provided to the county prior to final approval of the Partition; or

(2)

For each vacant parcel that is not served by the completed private road execute a restrictive covenant which states:

"This parcel is ineligible for a building permit except for farm or forest structures other than dwellings and shall be limited to farm and forest use until such time as the privately maintained road described in document #_______(Date), has been approved by the appropriate Fire Marshal to a point where the parcel can be served. This restrictive covenant shall run with the land."

The Director shall authorize the removal of the restrictive covenant after the private street has been constructed to serve any parcel subject to the restrictive covenant and the appropriate Fire Marshal or, if the Fire Marshal fails to review the private street, approval by the Building Official or his designee has certified the private street meets the standards specified in the recorded road construction agreement.

Prior to the issuance of a building permit, the appropriate Fire Marshal shall inspect and approve the private street after it has been constructed for conformance to the standards originally approved. A written letter of approval from the Fire Marshal shall be provided to the county prior to issuance of a building permit.

(Ord. No. 866, § 2.C.(Exh. 3, § 18), 9-1-20, eff. 10-1-20; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

410-1

General Provisions

410-1.1

All grading and drainage activities are to occur pursuant to the provisions of Chapter 14.12 of the Washington County Code and the applicable State of Oregon Plumbing Code or its successor and this Code. All grading and drainage activities on lands located within the Clean Water Services (CWS) boundary shall also occur pursuant to the provisions of the "Design and Construction Standards for Sanitary Sewer and Surface Water Management" or its successor. In the event of any conflict between the provisions of this Code, the Community Plan, the Rural/Natural Resource Plan, and Chapter 14.12, the more restrictive standard shall prevail.

Grading applications may be processed through a two-step procedure consisting of a preliminary review (grading plan) and a final review (grading permit), unless the Director consolidates the applications into one review.

No grading and drainage activities that are subject to Section 410 shall be undertaken without a grading permit.

For Type I development, preliminary grading plans may be submitted as a standalone application. For development reviewed through the Type II and III procedure, preliminary grading plans are to be submitted with the development application.

The purpose of a preliminary grading plan (conceptual) is to determine whether or not it is feasible to comply with the grading permit review standards of Section 410-3. Full engineering drawings are not required at the preliminary review stage. However, preliminary grading plans shall be accurate enough to provide a basis for determining whether or not the proposed activity, as designed and to be implemented, will meet the applicable Code requirements for a grading permit.

All grading permit applications (the second step) shall include detailed plans, per Section 410-2, rather than preliminary grading plans.

410-1.2

Grading Plan

The grading plan shall include:

A.

A vicinity map.

B.

A site plan which includes the following:

(1)

A graphic representation drawn to a scale which is noted on the drawing. In all cases the scale used shall be standard, being 10, 20, 30, 40, 50, or 60 feet to the inch or multiples of ten of any one of these scales;

(2)

Except as required by Section 421, applications for land inside the UGB shall show existing and proposed topography using the following contour intervals:

(a)

For slopes of 5% or less, contour intervals not more than one foot; or

(b)

For slopes greater than 5% and up to and including 10%, contour intervals not more than 2 feet; or

(c)

For slopes greater than 10%, contour intervals not more than 5 feet.

(3)

Except as required by Section 421, applications for land outside the UGB shall show existing and proposed topography using the following contour intervals:

(a)

For slopes of 10% or less, generalized existing contours and drainage channels, including areas of the subject site and adjoining properties that will be affected by the disturbance either directly or through drainage alterations; or

(b)

For slopes greater than 10%, contour intervals not more than 5 feet.

(4)

Proposed elevations after grading is completed, including any modifications to drainage channels;

(5)

Any required retaining walls or other means of retaining cuts or fills including typical cross sections;

(6)

Typical cross sections showing existing and proposed elevations. Cross sections are to be taken through the areas that will show the most detail of the grading project;

(7)

The site plan shall show the area of the site where construction, grading, cut or fill is proposed, plus a minimum of 50 feet surrounding the area;

(8)

Flow lines of surface waters onto and off the site;

(9)

Proposed building pad, areas with an impervious surface and existing and proposed finished floor and street elevations if building or parking construction is proposed;

(10)

Existing and proposed Riparian Wildlife Habitat verified in accordance with Section 422, water quality sensitive areas, vegetated corridors, and drainage channels including drainage swales, wetlands, ditches and berms;

(11)

Location and design of any proposed facilities for storage or for conveyance of runoff into indicated drainage channels, including sumps, basins, channels, culverts, ponds, storm drains and drop inlets;

(12)

Location of any buildings or structures, parking areas or accessways existing or proposed on the site within 50 feet of the area that may be affected by the proposed grading operations;

(13)

Location of any proposed streets; and

(14)

Location of any proposed stockpile areas, either on site or off.

C.

Written narrative and/or supplemental information including all of the following:

(1)

Explanation of the reason for the proposed grading, which must be an allowed use in the district;

(2)

Estimates of surface area disturbed by proposed grading and total parcel size;

(3)

Estimates of cut/fill volume in cubic yards; and

(4)

Estimates of existing and increased runoff resulting from the proposed improvements.

(5)

Soil Map, including a soil survey legend, range of percent slopes (e.g., 3% to 7% slopes), and soil description if no limitations exist from the USDA, Soil Conservation Service, Soil Survey Report, Washington County, July 1982. Soil limiting features must address depth to bedrock from pages 120-123 from the report, and other features which may be restrictive to construction, drainage and revegetation of property;

(6)

Provision for saving the site topsoil (surface 12 inches) for later revegetation and landscaping, including the locations of any temporary stockpile areas;

(7)

Provisions for the disposal of excavated material, including the location of disposal;

(8)

Written statement demonstrating the feasibility of complying with Section 410-3. Demonstrating feasibility does not require detailed solutions, but there must be enough information for the review authority to find that solutions to problems are possible and likely.

(9)

In addition to the above, for Middle Housing (other than a Duplex):

(a)

The applicant shall submit a written statement from Clean Water Services consistent with requirements for "Sufficient Infrastructure" as defined in Section 106, that existing storm drainage facilities are capable of meeting established service levels for storm drainage, or describing improvements needed to comply; and

(b)

Improvements deemed necessary by above noted service providers, for "Sufficient Infrastructure" as defined in Section 106, must be shown on the applicant's plan;

(c)

The applicant must include a written statement within the application agreeing to complete and obtain inspection approval for these improvements prior to issuance of the first occupancy permit.

(d)

When a Middle Housing Land Division is proposed:

(i)

The applicant shall comply with requirements of (a) through (c) above; and

(ii)

All street frontage along resulting lots or parcels shall meet drainage requirements for required street improvements (see Sections 409 and 501).

D.

Erosion Control Plan:

(1)

For areas inside the Tualatin River and Oswego Lake sub-basins, an erosion control plan as required by Section 426 shall be submitted.

(2)

For areas outside the Tualatin River and Oswego Lake sub-basins, an erosion control plan that complies with the requirements of the "Washington County Erosion Control Plans Technical Guidance Book," January 1991, or its successor, is required when:

(a)

Grading requiring a permit is proposed to be conducted or left in an unfinished state during the period from October 1 through May 1; or

(b)

Land disturbance activities are conducted in geologically unstable areas, on slopes in excess of 20%, or there is disturbance of more than 6,000 square feet of development area, or within 50 feet of any drainage hazard area or floodplain area.

E.

A request for an imported fill material more than 5,000 cubic yards in an EFU or AF-20 District shall be accompanied by a written recommendation from the Soil and Water Conservation District.

F.

A request for a Clean Fill Site shall include a reclamation schedule.

410-1.3

Exemptions from Grading Plan and Permit Requirements:

In addition to those activities listed in Section 201-2.12, the following are exempt from Section 410 except as necessary to address Section 410-3.8:

A.

Grading on a Disposal Site for activities permitted by the Department of Environmental Quality consistent with ORS Chapter 459. Grading on a Disposal Site for activities that are not regulated by an approved DEQ permit are not exempt;

B.

Excavations or fills for public roads and transportation facilities substantially in the public right of way or as shown on a Transportation Plan or adopted Public Facility Plan, together with piping and culverting, accessory drainage systems such as catch basins, and necessary accessory structures and easements or other public projects conducted or approved by the County or public facilities and service projects such as sewer and water lines;

C.

Surface mining operations approved in accordance with this Code;

410-1.4

Private Street Ditch Standards

A.

Existing roadside ditches alongside new development or the construction of new roadside ditches shall:

(1)

Be constructed to pass all required flows;

(2)

Have a maximum depth of no more than 2 feet as measured from the shoulder of the road;

(3)

Have side slopes no steeper than 2:1;

(4)

Have sufficient grade to provide for water conveyance; and

(5)

Have a maximum flow velocity when flowing full that does not exceed the erosive velocity limits of soils in the ditch. "Open Channel Hydraulics" by V. T. Chow, McGraw Hill Book Company, Inc., 1988, is presumed to be the best available reference for maximum permissible velocity.

B.

Except as provided under E. below, any proposed roadside ditch improvement that does not meet the requirements in Section 410-1.4 A. shall be piped.

C.

All proposed or modified ditches shall have adequate erosion control provisions to prevent potential damage to the shoulder of the adjacent road as well as the ditch.

D.

No pipes, culverts or other structures shall be permitted to protrude into a ditch.

E.

In lieu of retaining existing ditches or constructing new ditches, vegetated stormwater facilities may be constructed when site conditions are determined appropriate by CWS. All such facilities shall comply with any applicable CWS Design and Construction Standards.

(Ord. No. 885A, § 2.1.(Exh. 1, § 17.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 18.), 2-7-23, eff. 3-9-23; Ord. No. 902A, § 2.B.(Exh. 2, § 33.), 11-5-24, eff. 12-5-24)

410-2

Grading Permit - Application Content

410-2.1

The grading permit plans shall be detailed (final drawings) rather than preliminary drawings (conceptual). The grading permit is to be prepared and certified by a registered civil engineer, and is to include specifications covering soils engineering or engineering geology construction and material requirements in addition to the information required in Section 410-1.2 where:

A.

The grading will move more than 5,000 cubic yards or more; or

B.

Is located on slopes of 20% or greater; or

C.

Grading for public improvements such as public roads, tracks, ponds and drainage facilities; or

D.

Is within an identified hazard area, or is located within a Floodplain or Drainage Hazard area; or

E.

The Building Official determines that special conditions or unusual hazards exist.

If none of these conditions apply, then the plans need not be prepared by a registered civil engineer. Outside the UGB, the Building Official may determine that an engineer's certification is not required for Section 410-2.1 A.

410-2.2

In addition to the grading plan requirements of Section 410-1.2, and application for a grading permit shall include:

A.

If required by the Building Official, a compaction report where a site is proposed to be filled to be used for a building pad;

B.

If required by the Building Official, a soil engineering report, including data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading;

C.

If required by the Building Official, an engineering geology report, including a description of site geology, conclusion and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading; and

D.

Intended means of revegetation, pursuant to Section 410-3.4, including the location, species, container size and quantity of plant materials proposed, and the proposed time of planting.

410-3

Criteria for Approval

A grading permit, which shall apply only to the area of the site where construction, grading, cut or fill is proposed, may be issued only after the Review Authority finds:

410-3.1

The extent and nature of proposed grading is appropriate to the use proposed, and will not create site disturbance to an extent greater than that required for the use;

410-3.2

Proposed grading will not cause erosion to any greater extent than would occur in the absence of the proposed development or result in erosion, stream sedimentation, or other adverse off-site effects or hazards to life or property; and

410-3.3

Appropriate siting and design safeguards shall ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions:

A.

Seasonal, perched, high or apparent water table;

B.

High shrink-swell capability;

C.

Low bearing strength such as compressible organic; or

D.

Shallow depth-to-bedrock.

410-3.4

Revegetation:

Where previously undisturbed vegetation has been removed through grading in areas not affected by the landscaping requirements and that are not to be occupied by structures, such areas are to be replanted as set forth in this subsection to prevent erosion after construction activities are completed.

A.

Preparation for Revegetation:

In preparation for grading and construction, top soil removed from the first 12 inches shall be stored on or near the sites and protected from erosion while grading operations are underway. Such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. After completion of such grading, topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. This does not require that the property have sufficient topsoil to revegetate the site after grading, only that the topsoil that is removed be reused for revegetation.

B.

Methods of Revegetation:

Acceptable permanent or temporary vegetation measures appropriate for the site and soil drainage conditions shall be seeded and fertilized by September 1 of each year. Establishment or green growth should take place by October 1 of each year, but is dependent upon suitable fall moisture. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area. Other revegetation methods offering equivalent protection may be approved by the Review Authority. Plant materials are to be watered at intervals sufficient to assure survival and growth. Native plant materials are encouraged to be used to reduce irrigation demands.

410-3.5

Final Contours:

Contours, elevations and shapes of finished surfaces are to be blended with adjacent terrain consistent with land use and surface water management requirements to achieve a consistent grade and transition to the adjacent properties. Tops of cut slopes and bottoms of fills are to be rounded off to a minimum radius of 5 feet to blend with the natural terrain. This section is not applicable to retaining walls.

410-3.6

Except for permitted piping and culverting, the proposed grading protects and preserves existing natural drainage channels. For the purposes of Section 410-3.6, an existing natural drainage channel is a natural drainage channel that carries more than a de minimis amount of runoff;

410-3.7

The proposed grading will preserve the functioning of off-site drainage courses or bodies of water. When examining off-site drainage courses or bodies of water, a natural resource assessment is not required;

410-3.8

Comply with the applicable standards for permanent storm water quality control facilities adopted by the Oregon State Department of Environmental Quality, as set forth in OAR 340-041-0345(4)(a-e). This standard is satisfied by submittal of a service provider letter from the CWS indicating the proposed development is in compliance with DEQ requirements or will be in compliance when the requirements set forth in the service provider letter are met.

410-3.9

Clean Fill Sites:

A.

Sites approved for more than 5,000 cubic yards shall have direct access to a collector or arterial road;

B.

Each phase of the operation shall be reclaimed within one year after fill activities cease on any segment of the project area.

410-4

Landslide Study Area Requirements

Lands shown on adopted Landslide Study Area Maps or lands described in Sections 410-4.1.B and 410-4.2.B are subject to requirements of this Section. The Landslide Study Area Maps indicate the general location of areas of moderate and high susceptibility to landslides, and areas of known slide hazards.

The intent of the Landslide Study Area maps is to identify areas in need of on-site analysis. Where a parcel-specific analysis has been provided pertaining to landslide susceptibility, the county will maintain map notations and a record of site-specific reports.

Approval of a grading plan and issuance of a grading permit by the Building Official for new development on lands shown on adopted Landslide Study Area maps shall be required for all grading and/or filling activities associated with development, except for the following activities:

A.

Exempt grading activities identified in Section 410-1.3;

B.

The removal or control of noxious vegetation; and

C.

Emergency actions which must be undertaken immediately to prevent an imminent threat or danger to public health or safety or private property. The person undertaking emergency action shall notify the Building Official on all regulated activities associated with any grading permit within one working day following the commencement of the emergency activity. If the Building Official determines that the action or part of the action taken is beyond the scope of emergency action, enforcement action may be taken. Within 14 days of completion of the emergency action, the person undertaking said action shall apply for a grading permit.

The requirements of this Section are in addition to other provisions of Article IV. Where the provisions of this Section conflict with other provisions of the Code, the provisions that are the more restrictive of regulated development activity shall govern.

410-4.1

Pre-Submittal Requirements

Prior to submitting a development application or a grading plan, that is not in conjunction with a development application, on lands shown on the County's adopted Landslide Study Area Maps, the following shall occur:

A.

A pre-application conference shall be held with the applicant and/or applicant's representative. The purpose of the pre-application conference is to review the proposed development application, which shall include at minimum, a preliminary site development plan showing the proposed street and lotting pattern and detailed conceptual grading and drainage plans and other topographic information necessary to describe the proposed development of the property. A waiver shall not be granted for this pre-application conference.

B.

An engineering geology report prepared and stamped by an Oregon certified engineering geologist shall be submitted for review and approval by the Building Official prior to submittal of a development application or prior to submittal of a grading permit application for lands within areas determined to be susceptible to shallow-seated or deep-seated landslides. The engineering geology report shall be required for the developing property when located as described below.

(1)

Shallow-Seated Landslide Susceptibility:

(a)

For lands within a High or Moderate Susceptibility zone; or

(b)

When the land is within 250 feet of a lot or parcel that is within a High or Moderate Susceptibility zone.

(2)

Deep-Seated Landslide Susceptibility:

(a)

For lands within a High or Moderate Susceptibility zone; or

(b)

When the land is within 250 feet of a lot or parcel that is within a High or Moderate Susceptibility zone.

C.

The engineering geology report prepared in accordance to Section 410-4.1 B. shall include the following land within the study area:

(1)

Zero to five acres: Development site, plus an area measuring at least 250 feet from the perimeter of the property.

(2)

Five acres and greater: Development site, plus an area measuring at least 500 feet from the perimeter of the property.

D.

The engineering geology report prepared in accordance to Section 410-4.1 B. shall:

(1)

Address any potential geological hazard associated with grading on steep slopes and the proposed development and recommend measures intended to mitigate potential hazards;

(2)

Address any potential landslide hazards associated with grading on land and developing land determined to be susceptible to either shallow- or deep-seated landslides and recommend measures intended to mitigate potential landslide hazards;

(3)

Contain a detailed description of the study area's (as defined in Section 410-4.1) geology and include findings regarding the effect of the geologic conditions on the proposed development;

(4)

When applicable, provide findings regarding the effect of the geologic conditions on the susceptibility of both shallow- and deep-seated landslides; and

(5)

Address proposed stormwater management approach.

E.

An engineering geology report is not required for the following:

(1)

A replacement dwelling provided that the new dwelling does not exceed the prior dwelling's lot coverage;

(2)

Other exempt activities listed in this Section.

410-4.2

Submittal Requirements

In addition to the requirements of this Section, the following shall be submitted with development applications involving lands subject to Section 410-4:

A.

A copy of the pre-application notes prepared by the county (Section 410-4.1 A.).

B.

A copy of an engineering geology report required by Section 410-4.1 B. approved by the Building Official.

C.

A geotechnical engineering report prepared for all development and non-exempt grading activities involving lands within areas determined to be susceptible to shallow-seated or deep-seated landslides as described below.

(1)

Shallow-Seated Landslide Susceptibility:

(a)

For lands within a High or Moderate Susceptibility zone.

(b)

When the land is within 250 feet of: 1) A lot or parcel within a High or Moderate Susceptibility zone; or 2) A lot or parcel with existing slopes of 25% or greater.

(2)

Deep-Seated Landslide Susceptibility:

(a)

For lands within a High or Moderate Susceptibility zone.

(b)

When the land is within 250 feet of: 1) a lot or parcel within a Moderate Susceptibility zone; or 2) a lot or parcel with existing slopes of 25% or greater.

A geotechnical engineering report required under Section 410-4 shall include a comprehensive description of the site topography and geology; an opinion as to the adequacy of the proposed development from an engineering standpoint; and opinion as to the extent that instability on adjacent properties may adversely affect the project; a description of the field investigation and findings; conclusions regarding the effect of geologic conditions on the proposed development; and specific requirements for plan modification, corrective grading and special techniques and systems to facilitate a safe and stable development. The report shall provide other recommendations as necessary, commensurate with the proposed grading and development.

410-5

North Bethany Drainage Master Plan

410-5.1

Introduction

Clean Water Services (CWS) adopted the North Bethany Drainage Master Plan (the Plan) that is applicable to most of the North Bethany Subarea. A portion of the Portland Community College Rock Creek Campus is not subject to the Plan. The Plan addresses regional stormwater management (water quality and quantity) and 100-year floodplain and drainage hazard areas. It also addresses stormwater management for streets and at the individual building site level.

410-5.2

Applicability

Properties subject to the Plan are identified in the North Bethany Subarea. Development within the boundaries of the Plan is subject to review by CWS for consistency with the Plan. For street low impact development approaches (LIDA), coordination with the County Engineer is required.

410-5.3

Development Standards

In addition to Section 421, the following standards shall apply:

A.

Proposed Type II or III development in the North Bethany Drainage Master Plan area shall be designed to be consistent with the Plan, or as approved otherwise by CWS. An applicant shall coordinate with and provide written documentation from CWS that the site specific design for drainage and stormwater management and design of LIDA features are consistent with the Plan.

(1)

LIDA (e.g., swales, flow-through planters, rain gardens, porous pavement, and green roofs) shall be provided when required by the Plan, unless approved otherwise by CWS.

(2)

All proposed LIDA shall be designed and constructed in accordance with CWS Design and Construction Standards.

B.

Where the standards of Section 410, Grading and Drainage, and Section 421-7 (development standards for floodplain and drainage hazard areas) are addressed by the Plan, compliance with those Code standards is made when an applicant demonstrates its development is consistent with the Plan.

C.

Prior to granting final approval of a Type II or III development, the applicant shall provide written documentation from CWS that final plans are consistent with the Plan.

411-1

Applicability

411-1.1

Screening and Buffering requirements are in addition to the setback requirements in residential and institutional districts and inclusive of the setback requirements in the commercial, mixed-use and industrial districts, as well as the setback requirements and design standards of the transit oriented districts, and shall be provided on the subject site at the time of development.

411-1.2

Screening and Buffering shall apply to all Development permits as determined in Section 411-3 or as determined by the Review Authority.

411-1.3

Screening and buffering provisions of Section 411 do not apply to:

A.

One Single Detached Dwelling Unit on a lot of record (when the lot is not otherwise made subject to Section 411 through a Standard Partition or Standard Subdivision);

B.

Middle Housing;

C.

Middle Housing Land Division.

(Ord. No. 857, § 2.D.(Exh. 4, § 4), 8-27-19, 11-28-19; Ord. No. 885A, § 2.1.(Exh. 1, § 18.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 19.), 2-7-23, eff. 3-9-23)

411-2

Location

Screening and Buffering shall be located on the perimeter of a lot or parcel, extending to the lot or parcel boundary line. Buffering shall not be located on any portion of an existing or dedicated public or private street or right-of-way. In a case of two overlapping types of buffers, the higher type shall prevail.

411-3

Determination of Screening and Buffering Requirements

411-3.1

To determine the type of Screening and Buffering required, the following procedure shall be used:

A.

Identify the primary district of the subject site by referring to the applicable Community Plan;

B.

Identify the primary district(s) of the surrounding properties by referring to the applicable plan(s);

C.

Determine the Screening and Buffering type by referring to the Screening and Buffering Matrix (Section 411-5); and

D.

Determine the Screening and Buffering Standards by referring to the Screening and Buffering Standards (Section 411-6).

411-3.2

Responsibility for Screening and Buffering:

A.

When a property is the first to develop adjacent to a vacant parcel, the first property shall provide the buffer identified in the vacant land use category as shown on the Screening and Buffering Matrix, Section 411-5.

B.

The second use to develop shall, at the time it develops, provide all additional plant materials, landscaping, and land necessary to provide total screening and buffering required by the Screening and Buffering Matrix for developed uses.

C.

Screening and buffering is not required when lots or parcels are separated by a public street or road.

D.

Where two adjacent developments in different districts are developed with the same housing type and maintain the same standards as the lower density district, the screening and buffering requirements may be reduced to the level of the lower density use through a Type II procedure when a recorded legal instrument (such as a deed restriction) ensures that the lot and house type will remain the same as the lower density requirements for the life of development.

411-4

Limitations

All areas for screening and buffering shall remain void of buildings, building mechanical equipment (e.g., heat pumps, air conditioners), parking, service areas (e.g., solid waste and recyclables storage and pick-up facilities, loading and delivery areas), signing, lighting (except lighting of pathways) and utilities (unless underground). Area required for screening and buffering may be used to satisfy landscape and open space requirements and be included in the density calculation of the site.

411-5

Screening and Buffering Matrix

ADJACENT LAND USE DISTRICT

¹ When adjacent to the Urban Growth Boundary, City Limits or the Institutional District, the Screening and Buffering shall be determined by the Review Authority.

411-5.1

The numbers in the Screening and Buffering Matrix refer to the Screening and Buffering Standards in Section 411-6.

411-5.2

Required fences shall be located as near the property line as practical or most effective.

411-5.3

Walls, fences and berms shall be the requirement of the higher intensity use.

411-5.4

All plant unit fractions are rounded up, and existing vegetation may be used to satisfy planting requirements.

411-5.5

Screening and Buffering requirements for Commercial, Industrial, Institutional Districts and special uses outside the Urban Growth Boundary shall be determined by the Review Authority based on impact to surrounding uses.

411-5.6

Gaps in berms, fences, walls or landscaping are allowed if required by Section 408.

(Ord. No. 857, § 2.D.(Exh. 4, § 4), 8-27-19, 11-28-19)

411-6

Screening & Buffering Standards

411-7

Structures

This Section applies in all Districts. Developments inside the UGB that do not provide off-street parking must still comply with all other applicable standards of this Section and all applicable standards of this Code.

Definitions:

Terms and definitions that apply throughout the Community Development Code are found in Section 106. Following are definitions for the terms found in Section 413:

Accessible Parking Space. A parking space consistent with the requirements of ORS 447.233.

Parking Demand. The total accumulation of vehicles parked on or near a given site at any associated point in time. Parking demand consists of both long-term (e.g., residents and employees) and short-term demand (e.g., visitors and/or customers) and may include on-street parking.

Off-Set Peak Hour Uses. Two or more land uses where the peak hour of parking demand for each use is determined not to occur at or around the same time period based on estimates from the Institute of Transportation Engineers Parking Generation Manual for the proposed land use(s) or as determined by a parking utilization study.

(Ord. No. 827A, § 2.A.(Exh. 1, § 5), 10-24-17, eff. 11-24-17; Ord. No. 833, § 2.A.(Exh. 1, § 3), 8-7-18, eff. 9-7-18; Ord. No. 903, § 2.M.(Exh. 13, § 19.), 10-15-24, eff. 11-14-24)

413-1

Development Permit for Parking Areas

A development permit shall be required for any area used for off-street parking except the parking allowed for a detached dwelling on an existing lot or parcel.

413-2

General Requirements

413-2.1

Off-street parking for a residential use shall be used solely for:

A.

The storage of passenger vehicles owned by occupants of the dwelling structure or their guests;

B.

One unoccupied travel or utility trailer, or recreation vehicle;

C.

One boat; and

D.

Farm equipment used in conjunction with farming on the premises.

413-2.2

Residential parking and garage facilities shall not be used for the storage of commercial vehicles (other than a commuter vehicle), tractor-trailer, semi-truck, heavy equipment or for the parking of automobiles belonging to employees, owners, tenants, visitors or customers of business or manufacturing establishments.

413-2.3

Parking spaces shall be available for the parking of operable automobiles of residents, guests, customers, patrons, employees, or any other person or organization subject to a contractual agreement to rent, leased or otherwise be assigned as permitted under Section 413-8.

413-2.4

Development permits for parking shall be reviewed through a Type I procedure except as otherwise specified in this Code.

413-2.5

Proper maintenance of off-street parking and loading facilities shall be a continuing obligation of the property owner.

413-2.6

In case of enlargement of a building or use of land existing on the effective date of this Code, the number of parking and loading spaces required shall be based on floor area or capacity of the entire use.

413-2.7

In the event several uses occupy a single structure or parcel of land, the total requirements for off-street parking and loading shall be the sum of the requirements of the several uses computed separately or as determined by Sections 413-8.3 and 413-8.5. In the rural area, development with two or more uses may use the same parking or loading area when the peak hours of operation of each use do not overlap.

413-2.8

All applications for a development permit proposing off-street parking and loading shall include a site plan drawn to scale, showing the parking or loading facilities to be provided. The required site plan shall include but is not limited to:

A.

Delineation of individual parking spaces and accessible parking spaces;

B.

Circulation area necessary to serve spaces;

C.

Vehicular and pedestrian access to streets, alleys and properties to be served;

D.

Curb cuts;

E.

Dimensions, continuity and substance of screening;

F.

Grading, drainage, surfacing and subgrading details;

G.

Delineation of all structures or other obstacles to parking and circulation on the site;

H.

Specifications for signs and bumper guards; and

I.

Specifications of proposed landscaping (see Section 407-8).

413-2.9

Private driveways providing access to urban attached unit residential development from a county or public street shall not be gated unless approved by the governing Fire Marshal and the Washington County Traffic Engineering Division.

(Ord. No. 827A, § 2.A.(Exh. 1, § 5), 10-24-17, eff. 11-24-17; Ord. No. 903, § 2.M.(Exh. 13, § 19.), 10-15-24, eff. 11-14-24)

413-3

Off-Street Parking Lot Design

All off-street parking lots including up to 50% of the spaces for compact cars, shall be designed in accordance with County standards for stalls and aisles dimensions as set forth in the following drawings and tables:

FIGURE 1 - Off Street Parking Lot Design - for illustrative purposes only

The following figure illustrates design principles included in this Code. It is intended for illustrative purposes only, and does not supersede any Code references.

^* no bumper overhang

^** parallel to aisle

413-3.1

For one row of stalls use "C" plus "D" as minimum bay width.

413-3.2

The minimum aisle width for two-way traffic and for emergency vehicle operations area is 24 feet. The minimum aisle width for emergency vehicle (one-way traffic) is 15 feet.

413-3.3

Where appropriate bumper overhang area is provided (extruded curbs), "G" can be subtracted from "C" to determine stall depth.

413-3.4

Parallel Parking:

Space dimensions are to be 9 by 22 feet. Aisle dimensions for parallel parking are to be 12 feet for one-way aisles and 24 feet for two-way aisles.

413-3.5

Pedestrian Access and Landscaping:

In parking lots of 50 or more spaces and two or more rows of parking stalls, or 0.5-acre or more:

A.

Separate internal pedestrian connections shall be provided consistent with 408-10 to minimize vehicular-pedestrian conflicts, and allow safe pedestrian movement within the lot. Parking lots dedicated to the display and storage of automobile, recreational and other vehicle sales are exempt.

B.

Parking lots must include landscaping as provided in Section 407-6.

413-3.6

If provided, electric vehicle charging parking spaces, either public or private, shall comply with the following requirements:

A.

Electric vehicle charging parking spaces may substitute for required minimum off-street parking spaces of Section 413-6.1 at a 1:1 ratio.

B.

A minimum of one electric vehicle charging space shall be ADA compliant.

C.

Electric vehicle charging parking spaces shall be posted with signage not to exceed 5 square feet in size.

D.

Electric vehicle charging unit outlets and operable parts shall be no less than 18 inches off the ground if indoors and 24 inches off the ground if outdoors and no higher than 48 inches off the ground to ensure easy access.

(Ord. No. 827A, § 2.A.(Exh. 1, § 5), 10-24-17, eff. 11-24-17; Ord. No. 857, § 2.D.(Exh. 4, § 5), 8-27-19, 11-28-19; Ord. No. 903, § 2.M.(Exh. 13, § 19.), 10-15-24, eff. 11-14-24)

413-4

Off-Street Parking Standards

413-4.1

All off-street parking and loading areas inside the UGB shall be surfaced with concrete or asphaltic material to conform with either of the following standards:

A.

A minimum of 4 inches of concrete for vehicles and 6 inches for commercial vehicles or trucks; or

B.

Two inches of asphalt overlaying a 6-inch base (compacted) of crushed stone.

C.

In lieu of being constructed as described under A. or B. above, off-street parking and loading areas may be constructed of pervious paving materials when the applicant's engineer provides written certification with the application that appropriate site conditions exist for the use of pervious materials and that the proposed design and construction will be equal to or superior to the structural standards specified in A. or B. above.

413-4.2

Off-street parking and loading areas outside the UGB may be required by the Review Authority to be surfaced to the standards of 413-4.1 where:

A.

The site is adjacent to a paved limited access highway or arterial; or

B.

Located adjacent to a developed RR-5 Rural Community; or

C.

Where the Review Authority finds there is an adverse impact on adjacent properties.

413-4.3

Minimum standards for all required parking and loading areas outside the UGB shall consist of a gravel surface with 4 inches of base rock with 2 inches of three-quarter-inch minus leveling course.

413-4.4

Based upon approval of a grading plan pursuant to Section 410, for the purpose of temporary or overflow parking, or storage of heavy equipment or vehicles in the Industrial District, a gravel surface may be approved with a minimum 4 inches of base rock with 2 inches of three-quarter-inch minus leveling course.

413-4.5

All off-street parking areas, except for detached or two unit attached dwellings on a single lot and areas outside the UGB, shall be constructed with curbs of concrete or asphalt. Driveways for detached dwelling units that are less than 100 feet in length shall be paved. All driveways for Townhouse dwelling units shall be paved. Those areas constructed with a gravel surface may use curbs of wood or other materials as may be approved by the Review Authority.

413-4.6

Parking spaces in paved parking areas having more than three stalls are to be marked with paint striping, a minimum of 2 inches in width. Parking spaces in gravel surfaced lots may be identified by wheel stop barriers.

413-4.7

Covered parking spaces are to have a vertical clearance of at least 7 feet, 6 inches above the parking lot surface for all uses except residential.

413-4.8

The finished grade of a parking lot is not to exceed 5% slope.

413-4.9

Parking and loading areas that are not associated with a structure shall have no less than a 10-foot front and rear yard setback and shall conform to the street side yard requirements of the primary district.

413-4.10

All parking lots shall be landscaped as required by Section 407-6.

413-4.11

The minimum driveway width for each single-family attached or detached dwelling unit with individual vehicular access to a street shall be 10 feet. The minimum driveway depth for single-family detached and single-family attached units shall be consistent with standards of the primary district for setbacks to garage vehicle entrance. Within a driveway, each 10-foot wide area meeting the minimum driveway depth may be counted as one off-street parking space.

413-4.12

Driveways for two individual lots, each containing a Townhouse or detached dwelling unit, may be combined when the following standards are met:

A.

The minimum combined driveway width shall be 20 feet; and

B.

Driveway surface within each lot shall measure a minimum continuous width of 10 feet.

Figures 413-2—413-4:

Examples of Combined Driveways

413-4.13

There shall be at least 18 feet of curb face along the street between combined and/or single driveways where a required on-street parking space is proposed.

413-4.14

The following minimum dimensional standards apply to garages intended for motor vehicles for detached and attached dwelling units. Garages that meet these standards serve as off-street parking.

A.

Interior garage space:

(1)

Ten feet wide and 20 feet deep for single vehicle garages.

(2)

Twenty feet wide and 20 feet deep for double vehicle garages.

(3)

Ten feet wide and 40 feet deep for tandem vehicle garages.

(4)

Minimum interior dimensions shall not be obstructed by utilities, water heaters or other permanent fixtures.

B.

Garage door entrances:

(1)

Eight feet wide for single vehicle garages.

(2)

Sixteen feet wide for double vehicle garages.

(Ord. No. 827A, § 2.A.(Exh. 1, § 5), 10-24-17, eff. 11-24-17; Ord. No. 842, § 2.A.(Exh. 1, § 7), 9-18-18, eff. 11-23-18; Ord. No. 855, § 2.A.(Exh. 1, § 22), 8-6-19, eff. 11-28-19; Ord. No. 866, § 2.C.(Exh. 3, § 19), 9-1-20, eff. 10-1-20; Ord. No. 885A, § 2.1.(Exh. 1), 6-28-22, eff. 7-28-22; Ord. No. 889A, § 2.C.(Exh. 3, § 15.), 2-7-23, eff. 3-9-23; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23; Ord. No. 903, § 2.M.(Exh. 13, § 19.), 10-15-24, eff. 11-14-24)

413-5

[Reserved]

Editor's note— Ord. No. 903, § 2.M.(Exh. 13, § 19.), adopted Oct. 15, 2024, effective Nov. 14, 2024, repealed § 413-5, which pertained to On-Street Parking Requirements for Urban Residential Districts and derived from Ord. No. 827A, § 2.A.(Exh. 1, § 5), adopted Oct. 24, 2017, effective Nov. 24, 2017; Ord. No. 885A, § 2.1.(Exh. 1, § 19.), adopted June 28, 2022, effective July 28, 2022; Ord. No. 890A, § 2.A.(Exh. 1, § 20.), adopted Feb. 7, 2023, effective March 9, 2023.

413-6

Minimum and Maximum Off-Street Parking Requirements

The minimum and maximum number of off-street parking spaces by type of use shall be determined in accordance with the following tables. New development shall provide no more than the maximum number of off-street parking spaces listed unless exempted by Sections 413-6.4 or 413-6.7, or adjusted by Sections 413-6.5 or 413-6.6. The minimum and maximum off-street parking requirements for a use not listed shall be the same as the most similar listed use as determined by the Review Authority, or as determined through a parking analysis as described in Section 413-8.6.

413-6.1

Minimum Off-Street Parking Spaces Required outside the UGB. Development inside the UGB is exempt from minimum parking standards:

413-6.2

The following definition applies where specified in Table 413-6.1. Regulated affordable housing shall be defined as housing that is made affordable through public subsidies and/or statutory regulations that restrict or limit resident income levels and/or rents. To be considered regulated affordable housing, units must:

A.

Have a local, state, or federal compliance agreement or contract;

B.

Be affordable to households at or below 80% Median Family Income as defined annually by Housing and Urban Development (HUD) for the Portland-Vancouver Metropolitan Statistical Area (MSA); and

C.

Remain regulated affordable housing units for a minimum of 20 years from the date of occupancy.

413-6.3

Maximum Off-Street Parking Requirements for Areas Inside the UGB

In areas inside the UGB, the maximum number of allowable off-street parking spaces by type of use shall be determined by the following:

413-6.4

Parking spaces in parking structures, fleet parking, parking for vehicles that are for sale, lease, or rent, and employee vanpool/carpool parking spaces are exempt from the maximum off-street parking standards in Section 413-6.3.

413-6.5

The Review Authority may approve through a Type II procedure off-street parking in excess of the maximum parking standards if a development is located more than a 0.5-mile walk via easements for public travel to the closest bus stop with 15 minute peak hour service, or if 15 minute peak hour service is no longer provided within 0.5-mile of a property and the development is located outside of a Metro 2040 Center.

413-6.6

The Review Authority may approve through a Type II procedure off-street parking in excess of the maximum parking standards based on findings that:

A.

The nature of the development will result in a higher off-street parking demand relative to similar uses in the same parking zone; and

B.

To the greatest degree practicable, the development includes the implementation of opportunities for shared parking, parking structures, utilization of public parking spaces and other appropriate demand management programs. Demand management programs may include, but are not limited to, subsidized transit passes, shuttle service, and carpool programs.

413-6.7

For land uses with more than 65,000 square feet of floor area, surface parking area may not exceed the floor area of the building. Non-surface parking, such as tuck-under parking, underground and subsurface parking, and parking structures are exempt.

A.

Surface parking shall be measured inclusive of all surface area on which a vehicle is designed to maneuver including all parking stalls, driveways and drive-through lanes within the property regardless of length, and all maneuvering areas regardless of depth.

B.

Paved areas not for use by passenger vehicles, such as loading areas or outdoor storage of goods or materials, are not counted as surface parking area.

413-6.8

A minimum of one accessible parking space is required for any development required to provide one or more off-street drop-off and loading space(s) (Section 413-9) unless the Review Authority determines through a Type II procedure that the accessible space is not necessary or feasible.

413-6.9

Development outside of a UGB is exempt from the maximum parking standards in Section 413-6.3 and 413-6.7.

(Ord. No. 827A, § 2.A.(Exh. 1, § 5), 10-24-17, eff. 11-24-17; Ord. No. 831A, § 2.A.(Exh. 1, § 17), 7-17-18, eff. 8-16-18; Ord. No. 832A, § 2.A.(Exh. 1, § 22), 9-18-18, eff. 10-18-18; Ord. No. 859, § 2.A.(Exh. 1, § 11), 9-17-19, eff. 11-28-19; Ord. No. 885A, § 2.1.(Exh. 1, § 19.), 6-28-22, eff. 7-28-22; Ord. No. 903, § 2.M.(Exh. 13, § 19.), 10-15-24, eff. 11-14-24)

413-7

Vanpool/Carpool Parking

If 50 or more parking spaces are provided for an institutional, commercial, or industrial use, preferential parking for vanpool/carpool shall be provided as set forth below.

413-7.1

At least 10% of the employee or student spaces shall be designated for exclusive use by vanpools/carpools.

413-7.2

Spaces reserved for exclusive use by vanpools/carpools shall have a minimum width of 9.5 feet and be clearly marked for vanpool/carpool use.

413-7.3

Vanpool/carpool spaces shall be generally located closest to the primary entrance for employees or students utilizing such spaces but not closer than spaces for handicapped parking or visitor parking. For developments with more than 20 required vanpool/carpool spaces and more than one primary entrance, 50% of all of the required vanpool/carpool parking may be clustered in one or more centralized, convenient locations.

413-7.4

In case of enlargement of a building or a change in the use of a building, the number of vanpool/carpool parking spaces required shall be based on floor area or capacity of the entire use of the building. If the building is part of a larger existing use with multiple buildings, only the subject building shall meet the vanpool/carpool parking requirements.

(Ord. No. 827A, § 2.A.(Exh. 1, § 5), 10-24-17, eff. 11-24-17; Ord. No. 903, § 2.M.(Exh. 13, § 19.), 10-15-24, eff. 11-14-24)

413-8

Reduction of Minimum Off-Street Parking Outside the UGB

The minimum number of off-street parking spaces required by Section 413-6.1 may be reduced through the application of Sections 413-8.1 through 413-8.5. The total cumulative reduction to minimum off-street parking for non-residential developments shall not exceed 50% of the required minimum spaces, except as allowed by Section 413-8.5. The total cumulative reduction to minimum off-street parking for residential developments shall not result in a ratio below 0.5 spaces per unit, except as allowed by Section 413-8.5.

413-8.1

Reduction of Minimum Off-Street Parking Based on Vanpool/Carpool

Sites having 50 or more parking spaces may reduce total minimum parking space requirements by two standard or compact size spaces for every one vanpool/carpool space provided. Vanpool/carpool spaces are exempt from the maximum parking requirements of Section 413-6.3.

413-8.2

Reduction of Minimum Off-Street Automobile Parking Based on Bicycle Parking

Reduction of the minimum quantity of off-street automobile parking required by Section 413-6 is allowed as described in this section. All bicycle parking spaces must meet the standards of Sections 429-7, 429-8 and 429-9.

A.

Sites may reduce total minimum automobile parking space requirements by one standard or compact size space, up to 10% of required automobile spaces, for every two secured, long-term bicycle spaces provided per Section 429-5 B.

B.

Replacement bicycle parking spaces in existing development are exempt from permit requirements per Section 201-2.33. Alterations in parking lot requirements beyond this exemption will be subject to development review.

413-8.3

Reduction to Minimum Off-Street Automobile Parking Based on Mixed-Use or Shared Parking Agreement

The minimum number of off-street parking spaces required by Section 413-6 may be reduced for two or more uses, structures or lots whose owners agree to jointly use the same parking and/or loading spaces, subject to the following:

A.

On-site parking may be shared by two or more uses with concurrent peak hour uses, provided the following standards are met:

(1)

The use or uses are located within a mixed-use development. The site may include multiple parcels as long as they are under the same ownership and are contiguous. The total combined required minimum vehicle parking may be determined using the following formula:

a.

Primary use, i.e., that with the largest proportion of total trip generation within the development, at 100% of the minimum vehicle parking required for that use.

b.

Secondary use, i.e., that with the second largest percentage of total trip generation within the development, at 85 of the vehicle parking required for that use(s);

c.

All other uses at 70% of the vehicle parking required for that use(s).

(2)

Access to the shared parking is not blocked or impeded by the sharing uses or any other use; and

(3)

Full access to such parking and/or loading areas shall be exhibited in a recorded deed, lease or contract.

B.

On-site parking may be reduced when the peak hours of parking demand for two or more of the land uses are complementary and do not overlap (off-set peak hour uses), provided the following standards are met:

(1)

The total combined required minimum vehicle parking may be determined using the following formula:

a.

Primary use, i.e., that with the largest proportion of total trip generation within the development, at 100% of the minimum vehicle parking required for that use.

b.

Secondary use, i.e., that with the second largest percentage of total trip generation within the development, at 85% of the vehicle parking required for that use(s);

c.

All other uses at 70% of the vehicle parking required for that use(s).

(2)

The shared parking is within 500 feet of all uses sharing the parking;

(3)

Pedestrians should not be required to cross an arterial street except at a signalized intersection along the pedestrian pathway;

(4)

Access to the shared parking is not blocked or impeded by the sharing uses or any other use; and

(5)

Full access to such parking and/or loading areas shall be exhibited in a recorded deed, lease or contract.

C.

Off-site parking may be shared by two or more non-residential uses with concurrent peak hour parking demand if the following standards are met:

(1)

The total combined required minimum vehicle parking may be determined using the following formula:

a.

Primary use, i.e., that with the largest proportion of total trip generation within the development, at 100% of the minimum vehicle parking required for that use.

b.

Secondary use, i.e., that with the second largest percentage of total trip generation within the development, at 85 percent of the vehicle parking required for that use(s);

All other uses at 70% of the vehicle parking required for that use(s).

(2)

The shared parking is within 800 feet of all uses sharing the parking;

(3)

Pedestrians should not be required to cross an arterial street except at a signalized intersection along the pedestrian pathway;

(4)

Access to the shared parking is designed to be safe and comfortable for pedestrians; and

(5)

Full access to such parking and/or loading areas shall be exhibited in a recorded deed, lease or contract.

413-8.4

Reduction of Minimum Off-Street Automobile Parking Based on Availability of On-Street Parking

A.

The minimum number of off-street parking spaces required by Section 413-6 for non-residential uses may be reduced by one space for every two on-street spaces provided the following standards are met:

(1)

On-street parking spaces are along the frontage of the subject site; and

(2)

The parking spaces are delineated parallel or angled parking in accordance with the standards of the Washington County Road Design and Construction Standards (perpendicular parking is not allowed).

413-8.5

Reduction of Minimum Off-Street Automobile Parking Based on a Parking Analysis

A.

The Review Authority may approve through a Type II procedure a reduction of up to 100% of the off-street parking minimums based on a parking analysis which substantiates the basis for the parking reduction. The parking analysis shall ensure that the parking requirements are adequate for each phase of development including the ultimate development scenario.

B.

The parking analysis shall be prepared by a qualified parking or traffic consultant or civil engineer, and shall include, at a minimum, the following information:

(1)

Location of the subject property;

(2)

Property description;

(3)

Owner/consultant contact;

(4)

Inventory of parking facilities within 500 feet of the subject site including on-street and publicly accessible off-street parking;

(5)

Utilization of existing facilities during peak periods of parking demand;

(6)

Estimate the parking demand generated by each component of the development;

(7)

An assessment of the feasibility and appropriateness of shared parking;

(8)

A parking strategy if the parking demand cannot be accommodated on-site;

(9)

Information and plans showing the location of any off-site parking and the lease arrangements for this parking.

(Ord. No. 827A, § 2.A.(Exh. 1, § 5), 10-24-17, eff. 11-24-17; Ord. No. 833, § 2.A.(Exh. 1, § 3), 8-7-18, eff. 9-6-18; Ord. No. 857, § 2.D.(Exh. 4, § 5), 8-27-19, 11-28-19; Ord. No. 903, § 2.M.(Exh. 13, § 19.), 10-15-24, eff. 11-14-24)

413-9

Minimum Off-Street Drop-off and Loading Requirements

In all primary districts, drop-off and loading areas complying with the dimensions of 413-10 shall be provided according to the following schedule:

413-9.1

Residential:

None required, except for high rise (above three stories) attached dwelling units which shall be provided with one drop-off and loading space as a minimum and shall provide one additional drop-off and loading space for each 50 dwelling units over 100 dwelling units.

(Ord. No. 827A, § 2.A.(Exh. 1, § 5), 10-24-17, eff. 11-24-17; Ord. No. 903, § 2.M.(Exh. 13, § 19.), 10-15-24, eff. 11-14-24)

413-10

General Drop-off and Loading Space Requirements

413-10.1

It shall be unlawful to store or accumulate goods in a loading space if it renders it useless for loading and unloading operations.

413-10.2

Drop-off and loading spaces shall be located on the site and directly accessible to main structures. The location of the drop-off and loading spaces shall comply with the requirements of Sections 403-2.3 E. (2).

413-10.3

The minimum length and width of drop-off and loading spaces required by 413-9 shall be according to the requirements in the following table:

(Ord. No. 827A, § 2.A.(Exh. 1, § 5), 10-24-17, eff. 11-24-17; Ord. No. 903, § 2.M.(Exh. 13, § 19.), 10-15-24, eff. 11-14-24)

The following sign regulations shall apply to all uses as indicated.

414-1

Residential Districts

414-1.1

Scope:

This Section (414-1) shall apply to all Residential Districts.

414-1.2

Size:

For each lot or parcel, signing at the listed size may be allowed:

A.

One sign not exceeding two square feet in area shall be permitted per dwelling unit. For attached dwellings exceeding three units, one or more additional signs not exceeding a total of 12 square feet in area shall be permitted per structure.

B.

For Residential Developments (including subdivision identification) the maximum size and number of signs shall be controlled according to the following:

(1)

Residential developments 4 acres or less in area may have a sign or signs with a total area of no more than 32 square feet.

(2)

Residential developments over 4 acres but less than 40 acres in area may have a sign or signs which have a total area of no more than 48 square feet.

(3)

Residential developments of 40 acres or more in area may have a sign or signs with a total area of no more than 102 square feet.

414-1.3

Location:

Permitted signs may be anywhere on the premises, except in a required side yard or within 10 feet of a street right-of-way.

414-1.4

Height:

The following maximum heights shall apply to signs:

A.

If ground-mounted, the top shall not be over 4 feet above the ground;

B.

If building mounted, shall be flush mounted and shall not project above the roof line; and

C.

If freestanding, shall not exceed 20 feet in height.

414-1.6

Illumination:

Illumination if used shall not be blinking, fluctuating or moving. Light rays shall shine only upon the sign and upon the property within the premises.

414-2

Commercial and Institutional Districts

414-2.1

Scope:

This Section shall apply to all Commercial Districts and the Institutional District.

414-2.2

Number and Size:

For each lot or parcel, signing at the listed size may be allowed:

A.

In the Neighborhood Commercial (NC), Office Commercial (OC), Institutional (INST), Neighborhood Corner Commercial (NCC NB), Neighborhood Commercial Mixed Use (NCMU NB), and Institutional North Bethany (INST NB) districts, except as otherwise required within standards for the particular district or use, signs shall not exceed 35 square feet.

B.

In the Community Business District (CBD), General Commercial (GC) and Rural Commercial (R-COM) districts, signs shall not exceed the following area requirements:

C.

Two or more lots or parcels having a combined linear frontage of 85 feet may combine their sign areas allowed by Section 414-2.2 B. for the purpose of providing one common free-standing or ground-mounted sign. The sign shall not exceed 150 square feet.

D.

Corner Lots:

Where a lot fronts on more than one street, only the square footage computed for each street frontage shall face that street frontage.

E.

In addition to all other sign standards, incidental signs are governed by the following:

F.

Commercial Center:

Signs used for Commercial Centers shall be allowed as follows:

(1)

Only one sign of 150 square feet shall be permitted for centers less than five acres and greater than one acre.

(2)

A maximum of two signs of 400 square feet shall be permitted for complexes for 5 to 50 acres.

(3)

A maximum of three signs of 400 square feet shall be permitted for complexes of more than 50 acres.

(4)

Individual businesses are allowed a face building mounted sign pursuant to Section 414-2.2 A. and B.

G.

Outdoor Signs:

Outdoor signs, including digital billboards and excluding bench signs (see Section 414-5.2), shall be permitted only in the General Commercial (GC) District. Such signs shall not exceed t300 square feet per face, nor shall the face exceed a length of 25 feet or a height, excluding foundation and supports, of 12 feet. In determining these limitations, the following shall apply:

(1)

Minimum spacing shall be as follows:

(2)

For the purpose of applying the spacing requirements of Section 1 above, the following shall apply:

(a)

Distances shall be measured parallel to the centerline of the highway; and

(b)

A back-to-back, double-faced or V-type sign shall be considered as one sign.

414-2.3

Location:

A.

Flat Wall Signs may be located on any wall of the building.

B.

Freestanding Signs must have a minimum clearance of 8 feet 6 inches above a sidewalk and 15 feet above driveways or alleys.

C.

One Freestanding or Ground-Mounted sign per lot or parcel except as provided in Section 414-1.2 B. and 414-2.2 F. may be located anywhere on the premises except as follows:

(1)

A ground-mounted sign shall not be located in a required side yard, rear yard or within 5 feet of a street right-of-way.

(2)

A freestanding sign shall not be located in a required side or rear yard. A freestanding sign may project up to the street right-of-way provided there is a minimum ground clearance of 8 feet 6 inches.

D.

Marquee Signs or signs located on or attached to marquees must have a minimum clearance of not less than 8 feet 6 inches. The maximum vertical dimension of signs shall be determined as follows:

E.

Wall signs shall not extend above the top of a parapet wall or a roofline at the wall, whichever is higher.

F.

Permitted outdoor signs, including digital billboards, may be allowed anywhere on the premises except in a required side yard, rear yard or within 20 feet of a street right-of-way.

G.

No portion of a digital billboard shall be located within 250 linear feet of the property line of a parcel with a residential land use designation that fronts on the same street and within the line of sight of the billboard face.

414-2.4

Height:

A.

Ground-mounted signs shall not exceed 4 feet in height from ground level.

B.

Freestanding signs shall not exceed 28 feet in height from ground level.

C.

Outdoor signs, including digital billboards, shall not exceed 35 feet in height from ground level.

414-2.5

Content:

A.

Any of the signs pursuant to this Section (414-2) may be changeable copy signs.

B.

The primary identification sign for each firm shall contain its street number. The street number shall be clearly visible from the street right-of-way.

414-2.6

Illumination:

Shall be as provided in Section 414-7.

(Ord. No. 857, § 2.D.(Exh. 4, § 6), 8-27-19, 11-28-19)

414-3

Pedestrian-Oriented Mixed-Use Districts

414-3.1

Scope:

This section shall apply to the Pedestrian-Oriented Mixed-Use Districts (Section 392).

A.

The standards of Section 414-2 (Signs - Commercial and Institutional Districts) shall apply, with the additional specifications and prohibitions stated below.

(1)

In the CCMU District, sign size shall comply with the requirements of Section 414-2.2 B.

(2)

In the NMU District, sign size shall comply with the requirements of Section 414-2.2 A.

(3)

Ground-mounted monuments or site entry markers up to 15 feet in height may be approved subject to the following:

a.

Total area and volume of the portion of the monument or marker incorporating sign letters shall not exceed 45 square feet or 90 cubic feet; and

b.

Position of the monument or marker shall not obscure roadway visibility or result in potential traffic hazard(s) as may be determined by the County Engineer.

(4)

Prohibited signs:

a.

Free-standing signs (e.g., pole-mounted signs) as defined in Section 106-193.4;

b.

Other signs prohibited under Section 414.

(Ord. No. 857, § 2.D.(Exh. 4, § 6), 8-27-19, 11-28-19)

Editor's note— Ord. No. 857, § 2.D.(Exh. 4, § 6), adopted August 27, 2019, effective November 28, 2019, renumbered former §§ 414-3—414-10 as §§ 414-4—414-11 and enacted a new § 414-3 as set out herein.

414-4

Industrial

414-4.1

Scope:

This Section shall apply to the Industrial District.

414-4.2

Number and Size:

A.

One sign for each street frontage, each with a maximum area of 5% of the total square footage of the face of the building facing that street frontage shall be permitted.

B.

One freestanding or ground-mounted sign not exceeding 50 square feet per lot or parcel.

C.

Industrial Park signing shall be controlled according to the following:

(1)

A maximum of two signs of 300 square feet per face shall be permitted for industrial parks or complexes of less than 10 acres;

(2)

A maximum of three signs of 400 square feet shall be permitted for complexes of 10 acres or more. More than three signs may be approved through a Type I procedure, provided the total sign area does not exceed 1,200 square feet.

414-4.3

Location:

Shall be as provided in Section 414-2.3.

414-4.4

Illumination:

Shall be as provided in Section 414-7.

(Ord. No. 857, § 2.D.(Exh. 4, § 6), 8-27-19, 11-28-19)

See the editor's note to § 414-3.

414-5

Agriculture and Forestry Signs

414-5.1

Scope:

This Section shall apply to the agricultural and forestry areas outside the Urban Growth Boundaries.

414-5.2

Size:

A maximum area of 32 square feet per sign.

414-5.3

Location:

Signs shall be at least 5 feet from a right-of-way, and shall be at least 25 feet from an adjacent lot.

414-5.4

Illumination:

As provided in Section 414-7.

414-5.5

Maximum number of signs:

(Ord. No. 857, § 2.D.(Exh. 4, § 6), 8-27-19, 11-28-19)

See the editor's note to § 414-3.

414-6

Exemptions and Supplemental Criteria

The following signs are exempted from development permit requirement and from the standards set forth above; however, a permit may be required as determined by the Building Official.

414-6.1

Temporary Signs:

Temporary signs are permitted subject to the following standards:

A.

Shall not exceed 16 square feet in area;

B.

Shall not be located within any dedicated right-of-way; and

C.

Shall be removed within 14 days after the election, sale, rental, lease or conclusion of event.

414-6.2

Bench Signs:

On street benches provided:

A.

The benches shall not be higher than 4 feet above ground;

B.

Limited to 14 square feet in area;

C.

The benches are not located closer than 5 feet to any street right-of-way line;

D.

Benches are located in a manner not to obstruct vision;

E.

Shall be included as part of the total permitted sign area of the premise on which it is located.

414-6.3

Directory Signs are permitted when the maximum total area does not exceed 100 square feet. Directory signs shall not front on any public street.

414-6.4

Integral Signs

414-6.5

Private Traffic Direction:

Signs directing vehicular, bicycle, and/or pedestrian traffic movement onto a premise or within a premise, not to exceed 5 square feet in area for each sign. Illumination of these signs shall be in accordance with Section 414-7. Horizontal directional signs flush with paved areas are exempt from these standards.

414-6.6

Street Banners for Public Events (Temporary)

414-6.7

Original Art Display

A hand-painted work of visual art that is either affixed to or painted directly on the exterior wall of a building. An original art display does not include: mechanically produced or computer generated prints or images, including but not limited to digitally printed vinyl; electrical or mechanical components; or changing image art display.

Original art displays are allowed provided that they meet the following requirements:

A.

Located outside the Urban Growth Boundary;

B.

Shall not be placed on a dwelling;

C.

Shall not extend more than 6 inches from the plane of the wall upon which it is painted or to which it is affixed;

D.

Shall be no more than 64 square feet in size, per lot or parcel;

E.

Compensation will not be given or received for the display of the original art or the right to place the original art on site; and

F.

Shall not be illuminated.

(Ord. No. 857, § 2.D.(Exh. 4, § 6), 8-27-19, 11-28-19)

See the editor's note to § 414-3.

414-7

Illumination

No sign shall be erected or maintained which, by use of lights or illumination, creates a distracting or hazardous condition to a motorist, pedestrian or the general public. In addition:

414-7.1

No exposed reflective type bulb, par spot or incandescent lamp, which exceeds 25 Watts, shall be exposed to direct view from a public street or highway, but may be used for indirect light illumination of the display surface of a sign.

414-7.2

When neon tubing is employed on the exterior or interior of a sign, the capacity of such tubing shall not exceed 300 milliamperes rating for white tubing or 100 milliamperes rating for any colored tubing.

414-7.3

When fluorescent tubes are used for the interior illumination of a sign, such illumination shall not exceed:

A.

Within Residential districts:

Illumination equivalent to 425 milliamperes rating tubing behind a Plexiglas face with tubes spaced at least 7 inches, center to center.

B.

Within land use districts other than Residential:

Illumination equivalent to 800 milliampere rating tubing behind a Plexiglas face spaced at least 9 inches, center to center.

414-7.4

Digital billboards allowed pursuant to Section 414-2.2 G shall:

A.

Display only static messages that remain constant in illumination intensity and do not have movement or the appearance or optical illusion of movement;

B.

Not operate at an intensity level of more than 0.3 foot-candles over ambient light as measured at a distance of 150 feet;

C.

Be equipped with a light sensor that automatically adjusts the intensity of the billboard according to the amount of ambient light;

D.

Be designed to either freeze the display in one static position, display a full black screen, or turn off in the event of a malfunction; and

E.

Provide evidence that best industry practices for eliminating or reducing uplight and light trespass were considered.

(Ord. No. 857, § 2.D.(Exh. 4, § 6), 8-27-19, 11-28-19)

See the editor's note to § 414-3.

414-8

Prohibited Signs

Signs or lights which:

414-8.1

Are of a size, location, movement, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal;

414-8.2

Contain or consist of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners, or other similarly moving devices or signs which may move or swing as a result of wind pressure. These devices when not part of any sign are similarly prohibited, unless they are permitted specifically by other legislation;

414-8.3

Have blinking, flashing or fluttering lights or other illuminating devices which exhibit movement, except digital billboards as permitted pursuant to this Code;

414-8.4

Are roof signs;

414-8.5

Are freeway-oriented signs; and

414-8.6

Are portable signs.

(Ord. No. 857, § 2.D.(Exh. 4, § 6), 8-27-19, 11-28-19)

See the editor's note to § 414-3.

414-9

Procedures

Applications for a sign permit shall be processed through a Type I procedure.

(Ord. No. 857, § 2.D.(Exh. 4, § 6), 8-27-19, 11-28-19)

See the editor's note to § 414-3.

414-10

Nonconformity and Modification

Except as provided in Section 414-10.2 of this Chapter, signs in existence on the date of adoption of this Code, which do not conform to the provisions of this Code, but which were in compliance with the applicable regulations at the time they were constructed, erected, affixed or maintained shall be regarded as nonconforming.

414-10.1

For the purpose of amortization, these signs may be continued from the effective date of this Code for a period not to exceed 10 years.

414-10.2

Signs which were nonconforming to the prior Ordinance and which do not conform to this Code shall be removed on or before November 6, 1983, as was provided for purposes of amortization in Article II of the former Community Development Ordinance.

414-10.3

Nonconforming outdoor signs under the provisions of Section 414-10 in conformance with ORS Chapter 377 shall not be considered to be nonconforming signs requiring removal. This provision applies to signs on all highways. Removal of such outdoor signs shall be only as provided by Oregon Revised Statutes.

(Ord. No. 857, § 2.D.(Exh. 4, § 6), 8-27-19, 11-28-19)

See the editor's note to § 414-3.

414-11

Compliance

Any sign which is altered, relocated, replaced or shall be brought immediately into compliance with all provisions of this Code.

(Ord. No. 857, § 2.D.(Exh. 4, § 6), 8-27-19, 11-28-19)

See the editor's note to § 414-3.

415-1

Applicability

The roadways, access drives, parking lots and sidewalks of all new developments of attached units (except those proposed to meet the definition of Middle Housing in Section 106), shall be lighted in conformance to the standards of this Section (415). This Section is not intended to apply to public street lighting.

(Ord. No. 885A, § 2.1.(Exh. 1, § 20.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

415-2

Lighting Plan

Prior to the issuance of a Development Permit for a structure other than a detached dwelling or attached dwelling of less than three units, an Exterior Lighting Plan shall be submitted in order to determine whether the requirements of this Section (415) have been met. This plan shall include:

415-2.1

Site Plan and Building Floor Plans and Elevations showing luminaire location;

415-2.2

Luminaire details;

415-2.3

Lighting coverage and cutoffs; and

415-2.4

Any additional information necessary to insure compliance with Section 415.

415-3

Definitions

415-3.1

Candle Power:

The amount of light that will illuminate a surface 1 foot distant from a light source to an intensity of 1 foot candle. Maximum (peak) candle power is the largest amount of candlepower emitted by any lamp, light source, or luminaire.

415-3.2

Cutoff:

The point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated (cutoff) at a specific angle above the ground.

415-3.3

Cutoff angle:

The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.

415-3.4

Cutoff-type luminaire:

A luminaire with elements such as shields, reflectors, or refractor panels which direct and cut off the light at a cutoff angle that is less than 90 degrees.

415-3.5

Foot-candle:

A unit of illumination produced on a surface, all points of which are 1 foot from a uniform point source of one candle.

415-3.6

Glare:

The brightness of a light source which causes eye discomfort.

415-3.7

Luminaire:

A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.

415-3.8

Maximum permitted illumination:

The maximum illumination measured in foot-candles at the property line or, if required, interior screening and buffering line at ground level, in accordance with the standards of Section 415-4 below.

415-4

Standards

The following standards are required of all exterior lighting except the outdoor recreational uses specifically exempted below. Many uses have the option of providing a lower light post with a non-cutoff type luminaire or a higher pole, up to 40 feet, with a luminaire that totally cuts off light spillover at a cutoff angle smaller than 90 degrees (Figure 1). The maximum light post height permitted is dependent on the amount of cutoff provided. This is designed as a protection against excessive glare and light spilling over to neighboring properties. The exceptions which are permitted provide adequate protection for neighboring residential property. Exterior lighting shall meet one of the following standards:

415-4.1

When light source or luminaire has no cutoff:

415-4.2

When a luminaire has total cutoff of an angle greater than 90 degrees (Figure 2), (as compared to 90 degrees exactly [Figure 3]), the maximum illumination and the maximum permitted luminaire height shall be:

415-4.3

When a luminaire has total cutoff of light at an angle less than 90 degrees (Figure 1) and is located so that the bare light bulb, lamp, or light source is completely shielded from the direct view of an observer 5 feet above the ground at the point where the cutoff angle intersects the ground, then the maximum permitted illumination and the maximum permitted height of the luminaire shall be:

415-4.4

Exemption for specified public outdoor recreation uses:

A.

Because of their unique requirements for nighttime visibility and their limited hours of operation, public ball diamonds, public playing fields, and public tennis courts are exempted from the exterior lighting standards of Sections 415-4.1 through 415-4.3 above. These outdoor recreational uses must meet all other requirements for this Section and of this Code.

B.

The outdoor recreational uses specified above shall not exceed a maximum permitted post height of 80 feet.

C.

The outdoor recreational uses specified above may exceed a total cutoff angle of 90 degrees, provided that the luminaire is shielded to prevent light and glare spillover to adjacent residential property. The maximum permitted illumination at the property line or, if required, the interior screening and buffering line, shall not exceed two foot candles.

415-5

General Provisions

Notwithstanding any other provision of this Section to the contrary:

415-5.1

No flickering or flashing lights shall be permitted.

415-5.2

Light sources or luminaires shall not be located within areas identified for screening or buffering except on pedestrian walkways.

415-5.3

Lighting shall be located and oriented so as not to shine excessive light into nearby habitat areas, including Significant Natural Resource Areas as identified in a Community Plan or the Rural Natural Resources Plan.

The following figures are examples:

(Ord. No. 866, § 2.C.(Exh. 3, § 20), 9-1-20, eff. 10-1-20; Ord. No. 902A, § 2.B.(Exh. 2, § 34.), 11-5-24, eff. 12-5-24)

416-1

General Provisions

416-1.1

All utility distribution facilities supplying electric, communication, or similar or associated service, installed in and for the purpose of supplying such service to any development shall be placed underground; provided however, that the word "facilities" as used herein shall not include standards used for street lighting, traffic signals, pedestals for police and fire system communications and alarms, pad-mounted transformers, pedestals, pedestal-mounted terminal boxes and meter cabinets, concealed ducts, substations, or facilities used to carry voltage higher than 50,000 volts.

416-1.2

Notwithstanding Section 416-1.1, overhead utility distribution lines may be permitted upon approval of the Review Authority through a Type I procedure when terrain, soil, or geologic conditions prohibit underground installation, or when proposed development is part of an urban infill process and surrounding developments do not have underground utilities. Location of such overhead utilities shall be along rear or side lot lines wherever feasible.

416-1.3

Easements necessary for sewers, water mains, electric lines, stormwater facilities, or other public utilities shall be provided. The easements will vary according to the need of various utilities. When possible, the easement shall be located on one side of a lot line.

416-1.4

The location, design, installation and maintenance of all utility lines and facilities shall conform to ORS Ch. 92 and be carried out with minimum, feasible disturbance of soil and site.

416-1.5

For a Middle Housing Land Division, separate utilities shall be provided for each dwelling unit, except to the extent that standards of Clean Water Services and/or County Building Services allow for shared storm or sanitary sewer system elements.

(Ord. No. 890A, § 2.A.(Exh. 1, § 21.), 2-7-23, eff. 3-9-23)

Irrigation Standards are provided to insure healthy and proper growth habits of plant materials, accelerate the desired effects of required landscaping, reduce maintenance and promote longevity of plant materials.

417-1

Provision of Method of Irrigation

All developments, which are required to provide landscaping, shall provide appropriate methods of irrigation for the landscaping. Landscaping which exceeds 1,000 square feet shall be irrigated with automatic sprinkler systems. Hose bibs and manually operated methods of irrigation may be approved by the Review Authority based upon written verification, submitted by a registered landscape architect, that the alternatives can satisfy the intent and purpose of the irrigation standards.

417-2

Irrigation System Details

Irrigation system details shall include:

417-2.1

A plan and schedule of equipment including gate valve, backflow preventor, control valves, piping, sprinkler heads, meter size and location; and

417-2.2

Water source, including type, size of service connection, flow in gallons per minute (GPM), static water pressure in pounds per square inch (PSI), and maximum pressure in PSI required to operate the irrigation circuit with the greatest pressure loss in the system.

417-3

General Provisions

417-3.1

The irrigation plan shall provide a full and uniform coverage to all landscape materials which require irrigation.

417-3.2

Irrigation techniques shall include methods of water conservation.

418-1

Obstruction in Required Yards

Required yards shall be horizontally unobstructed except as follows:

418-1.1

Cornices, eaves, belt courses, sills, canopies, or other similar architectural features (not including bay windows or vertical projections) may extend, or project into a required side yard not more than 2 inches for each (1) foot of width of such side yard and may extend or project into a required front or rear yard not more than 20 inches. Chimneys may not project into a front or rear yard more than 24 inches. Chimneys may project up to 24 inches into a side yard setback, but no closer than 3 feet to a property line.

418-1.2

Open balconies and unenclosed stairways more than 30 inches in height and not covered by a roof or canopy, may extend or project into a required rear yard not more than 4 feet and may extend into a required front yard not more than 30 inches.

418-1.3

A ground level deck not more than 30 inches in height and not covered by a roof or canopy may be allowed in any yard regardless of the setback requirements.

418-1.4

A deck more than 30 inches in height, not covered by a roof or canopy, may be allowed in a required rear yard not closer than 5 feet to the rear property line when the rear yard abuts a designated open space or public non-buildable tract. Such tracts may include floodplains, power line easements, or drainage courses.

(Ord. No. 833, § 2.A.(Exh. 1, § 4), 8-7-18, eff. 9-6-18)

418-2

Additional Setbacks Required for Future Right-of-Way

418-2.1

Where a yard or setback abuts a street having insufficient right-of-way width, the minimum yard or setback requirement shall be increased to accommodate the future right-of-way. The future right-of-way shall be measured from the centerline of the existing right-of-way. The yard or setback shall be measured from the future edge of right-of-way and allow for half the maximum right-of-way as shown in the following diagram. The maximum right-of-way width shall be determined by the Transportation System Plan, including the Functional Classification Map, the Functional Classification Design Parameters Table and the Lane Numbers Map. The County Engineer may designate an alternative future right-of-way for streets where the area of the right-of-way is not balanced with respect to the current right-of-way centerline. Section 418-2 does not apply to a Single Detached Dwelling Unit or its expansion, a Duplex on an approved Duplex lot (Section 430-13.3), or Middle Housing.

418-2.2

Prior to issuance of a building permit where the land use action is subject to growth management, an applicant shall dedicate the additional right-of-way to meet the County standard. Notwithstanding the above, outside the UGB, dedication of additional right-of-way to meet the county standards shall be required prior to the issuance of any building permit where required as a valid condition of approval.

418-2.3

Setback requirements shall be determined from future rights-of-way as set forth by the official Washington County Functional Classification System Map, and as indicated on the Washington County Transportation System Plan. When a stub street abuts a site, the property owner shall place all on-site structures in such a way as to not preclude extension of that stub street into or through the site.

418-2.4

The setback requirements of this Code shall not apply to existing structures when the setback is reduced by a public dedication. If the setback is not reduced by a public dedication, the structure(s) shall meet the setback requirements of this section.

(Ord. No. 814, § 2.D.(Exh. 4, § 1), 10-25-16; Ord. No. 885A, § 2.1.(Exh. 1, § 21.), 6-28-22, eff. 7-28-22; Ord. No. 889A, § 2.C.(Exh. 3, § 16.), 2-7-23, eff. 3-9-23; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

418-3

Corner Vision

Lots or parcels on street corners (public and/or private) shall maintain a sight triangle with no sight obstruction between 3 feet and 10 feet in height as measured from street grade. Sight obstructions include, but are not limited to, fences, vegetation, berms, and structures. The sight triangle shall be measured from the street corner (apex), a distance of 20 feet along each street side (see Figure 1). For the purpose of this Section, street corner is defined as that point where the extended edge of the road surface of two intersecting streets meet. The county may require additional vision clearance based on a hazard identified by the county. Nothing in this Section shall supersede proper application of the sight distance standards in Section 501-8.5 F.

418-4

Fences and Retaining Walls

418-4.1

The setback requirements of this Code are not applicable to the following fence or retaining wall structures (or any combination thereof) except as required by Section 418-3:

A.

A fence, wall (includes retaining wall), screen or lattice work not more than seven feet in height.

B.

A fence, wall (includes retaining wall), screen or lattice work not more than eight feet in height along a rear, side or front yard which abuts an arterial or limited-access highway.

C.

A combination fence (not more than six feet in height) and retaining wall structure (not more than four feet in height) located in a side or rear yard (for design standards see Section 419-4).

D.

Tiered retaining wall structures not exceeding seven feet in height in any required yard. The maximum height measurement includes all tiers located within the yard or setback area. All non-tiered retaining walls located within the yard or setback area shall not exceed a combined total of seven feet in height.

E.

All retaining wall structures, exceeding seven feet in height, not within a required yard or setback area, on two or more contiguous properties, are exempt from the side yard setback requirement.

F.

A wall not more than eight feet in height along a side or rear property line as required by Section 411.

418-4.2

Residential lots or parcels shall maintain a clear vision area with no sight obscuring fence or wall (does not include retaining wall) more than three feet in height, measured from finished grade, within a 15 by 15-foot square along a driveway. A clear vision area shall be measured from the property line, sidewalk, or easement for public travel, whichever is closest to the fence line (for design standards see Figure 2 and Figure 3). Middle Housing and Middle Housing Land Divisions need not meet the 15 by 15-foot requirement above, but fence/wall restrictions otherwise noted above shall apply to any fence/wall within 15 feet of the front property line, and street-side property line on a corner lot.

Figure 2. Plan View

Figure 3. Side View

(Ord. No. 828, § 2.C.(Exh. 1, § 9), 9-26-17, eff. 11-24-17; Ord. No. 885A, § 2.1.(Exh. 1, § 21.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

In addition to the height restrictions in the primary districts, the following limitations shall apply:

419-1

Within 20 feet of another primary district with a lower height restriction, the height restriction of the adjacent district shall apply.

419-2

Beyond the 20-foot area in Section 419-1 above, the height may increase on the subject property at a ratio of 1 foot of height to 1 foot of horizontal distance from the adjacent primary district with a lower height limitation, to the maximum height permitted in the primary district.

419-3

A fence, lattice work, screen or wall (includes retaining wall) not more than 7 feet in height may be located in any required side, front or rear yard, except as required by Section 418-3 (corner vision). Where a rear, side or front yard abuts an arterial or limited access highway, fence height along the yard may be increased to 8 feet. Any fence over 7 feet in height requires a building permit. Any retaining wall over 4 feet in height requires a building permit (the height measurement of a retaining wall is from the bottom of footing to the top of the retaining wall).

419-4

A combination fence and retaining wall structure may be located in a side or rear yard. This structure shall consist of a retaining wall [not more than 4 feet in height] and a fence [not more than 6 feet in height]. The fence portion shall be measured from the back-filled or highest side of this structure and may not exceed 6 feet in height. The non-back-filled or lowest side measurement may not exceed a combined total of 10 feet in height. This provision may only be used when there is an existing or proposed grade difference between properties and a retaining wall is required by the Building Official (see Figure 1). This structure is exempt from a structural building permit only when the backfill is level for a proportional horizontal distance to the height of the retaining wall or as approved by the Building Official.

419-5

Tiered retaining wall structures shall not exceed 7 feet in height in any required yard. The maximum height measurement includes all tiers located within the yard or setback area. All non-tiered retaining walls located within the yard or setback area shall not exceed a combined total of 7 feet in height.

419-6

There shall be no limitation of vegetation such as hedges, except as provided in Section 418-3.

419-7

No structure or structural part shall exceed height standards for any airport in the county established in accordance with Federal Aviation Administration's Aviation Regulations.

Figure 1.

Approval of a Partition or Subdivision in the R-9, R-15, R-24 or R-25+ District that will result in any lot less than 20,000 square feet shall be based on the following. This Section is not applicable to a Middle Housing Land Division reviewed under Article VI.

(Ord. No. 885A, § 2.1.(Exh. 1, § 22.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

420-1

Placement of the dwelling units in a manner which will not preclude future development of the site unless the development plan indicates complete parcelization of the site;

420-2

A plan indicating access and circulation on the site and the relationship to surrounding properties, street stubs, existing rights-of-way and proposed roads;

420-3

The location of urban services. If urban services are not available, the time table for their provision and the future location of the services;

420-4

Location of any natural features (floodplain or other hazards or Riparian Wildlife Habitat subject to Section 422) which might inhibit full development;

(Ord. No. 902A, § 2.B.(Exh. 2, § 35.), 11-5-24, eff. 12-5-24)

420-5

Compliance to the requirements of Articles V and VI.

The County administers and enforces the State of Oregon Specialty Codes pursuant to the requirement established in ORS 455. The Oregon Specialty Codes contain certain provisions that apply to the design and construction of buildings and structures located in Special Flood Hazard Areas. Therefore, this Section is intended to be administered and enforced in conjunction with the Oregon Specialty Codes.

421-1

Lands Subject to Floodplain and Drainage Hazard Area Standards

421-1.1

Floodplain

The following data sources shall be referenced for purposes of determining lands subject to floodplain standards. In any event, the most restrictive flood boundary information shall be utilized. The maps referenced herein are on file at the offices of the Washington County Department of Land Use & Transportation.

A.

The following maps are adopted by reference:

(1)

"Flood Insurance Rate Map, Washington County, Oregon," effective date October 19, 2018 with amendments; and

(2)

"Flood Insurance Study for Washington County, Oregon and Incorporated Areas," dated October 19, 2018 with amendments.

B.

Where base flood elevation data has not been provided (approximate A Zone):

(1)

"Floodplain Series, Washington County, Oregon, revision 5/01/1974, 1/03/1978, 1/1981, 5/25/1983 and 12/12/1983" based upon data from the U.S. Army Corps of Engineers.

(2)

In addition, the Director shall obtain, review and reasonably utilize any base flood elevation data available from a federal or state source, or hydrologic and hydraulic analysis performed in accordance with standard engineering practice by a licensed professional engineer, in order to administer this Section.

C.

In addition to the information sources identified in A. and B. above, the Director may also utilize any other available authoritative flood data, including but not limited to high water marks, photographs of past flooding or historical flood data.

421-1.2

Drainage Hazard Areas

The following data sources shall be referenced for purposes of determining lands subject to drainage hazard area standards. In any event, the most restrictive flood boundary information shall be utilized. The maps referenced herein are on file at the offices of the Washington County Department of Land Use & Transportation.

A.

"Floodplain Series, Washington County, Oregon, revision 5/01/1974, 1/03/1978, 1/1981, 5/25/1983 and 12/12/1983" based upon data from the U.S. Army Corps of Engineers.

B.

In addition, the Director shall obtain, review and reasonably utilize any flood elevation data available from a federal or state source, or hydrologic and hydraulic analysis performed in accordance with standard engineering practice by a licensed professional engineer, in order to administer this Section.

C.

In addition to the information sources identified in A. and B. above, the Director may also utilize any other available authoritative flood data, including but not limited to high water marks, photographs of past flooding or historical flood data.

421-1.3

Persons seeking to develop within a floodplain or drainage hazard area must do so with the understanding that they and their successors assume the risks and that the risks cannot be eliminated, even with strict compliance with the standards adopted herein. This Section does not imply that lands outside of floodplain or drainage hazard areas, or development permitted within, will be free from flooding or flood damage.

(Ord. No. 811, § 2.A.(Exh. 1, § 2), 10-4-16, eff. 11-3-16; Ord. No. 828, § 2.C.(Exh. 1, § 10), 9-26-17, eff. 11-24-17; Ord. No. 840, § 2.B.(Exh. 2, § 1), 9-18-18, eff. 10-18-18; Ord. No. 845, § 2.A.(Exh. 1, § 3), 4-2-19, eff. 5-2-19)

421-2

Definitions

As used in this section, the words listed below have the following meaning:

421-2.1

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

421-2.2

Development. Any man-made 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.

421-2.3

Flood or Flooding.

A.

A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland waters.

(2)

The unusual and rapid accumulation of runoff of surface waters from any source.

(3)

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in paragraph A.(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

B.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph A.(1) of this definition.

421-2.4

Flood area. A floodplain or drainage hazard area.

421-2.5

Flood Insurance Rate Map (FIRM). An official map of a community on which the Federal Insurance Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

421-2.6

Flood Insurance Study (FIS). An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

421-2.7

Flood surface elevation. Elevation of the surface water of a floodplain or drainage hazard area.

421-2.8

Historic structure. Any structure that is:

A.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1)

By an approved state program as determined by the Secretary of the Interior, or

(2)

Directly by the Secretary of the Interior in states without approved programs.

421-2.9

Lowest floor. 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 nonelevation design requirements of this Section.

421-2.10

Manufactured dwelling. 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 dwelling" does not include a "recreational vehicle."

421-2.11

Manufactured dwelling park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured dwelling lots for rent or sale.

421-2.12

New construction. Structures for which the "start of construction" commenced on or after October 19, 2018 and includes any subsequent improvements to such structures.

421-2.13

Recreational vehicle. A vehicle which is:

A.

Built on a single chassis;

B.

400 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 not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

421-2.14

Start of construction. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition 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 dwelling 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 a 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.

421-2.15

Structure. A walled and roofed building, including a storage tank (gas or liquid) or silo, that is principally above ground. Structure does not include such things as pipes, culverts, roads, bridges and other transportation facilities.

421-2.16

Substantial damage. 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% of the market value of the structure before the damage occurred.

421-2.17

Substantial improvement. Any reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. 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 an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."

(Ord. No. 845, § 2.A.(Exh. 1, § 3), 4-2-19, eff. 5-2-19)

421-3

Submittal Requirements

In addition to the requirements of Sections 203-4 and 410, an application for a floodplain or drainage hazard area alteration shall contain the following information for the area proposed to be disturbed. This information shall be prepared by a licensed professional engineer and may be submitted with or be made part of a site plan or grading plan for the proposed development.

421-3.1

Recognizing that the scale may be such that the true and accurate floodplain or drainage hazard area boundaries cannot be determined from the maps referenced in Sections 421-1.1 and -1.2 alone, all persons seeking a development permit for lands within said areas and within 250 feet of the map boundary of a floodplain or drainage hazard area identified in Sections 421-1.1 and -1.2, except as noted below for Land Divisions and property line adjustments, shall submit with the development permit application:

A.

A delineation of the floodplain and the floodway boundaries, established by a registered engineer or a registered surveyor from the surface elevations for the floodplain based upon maps or other data sources referenced in Section 421-1.1; and

B.

A delineation of the drainage hazard area and the drainageway, established by a registered engineer or a registered surveyor from surface elevations for the drainage hazard area based upon maps or other data sources referenced in Section 421-1.2. Such delineation shall be based on mean sea level datum and be field located from recognized landmarks.

C.

Standard Land Divisions and property line adjustments outside the UGB may provide only generalized floodplain information, such as contour maps and aerial photos, which need not be prepared by an engineer. Notwithstanding this provision, for the purpose of implementing the requirements of Section 421-14.7, applicants may be required to submit detailed delineations as specified in 421-3.1 A. and B. above.

D.

For each of the above, submitted plans shall be accurately drawn and at an appropriate scale that will enable ready identification and understanding of the submitted information. The plans shall include the locations of any existing or proposed property lines, buildings, structures, parking areas, streets, accessways, or other relevant information on the subject property, and within 50 feet of the delineation.

421-3.2

Existing and proposed topography within the boundaries of the flood area using the following contour intervals:

A.

For slopes of 5% or less, contour intervals not more than 1 foot;

B.

For slopes greater than 5% and up to and including 10%, contour intervals not more than 2 feet; and

C.

For slopes greater than 10%, contour intervals not more than 5 feet.

421-3.3

For applications for Type II and III floodplain or drainage hazard area alterations, documentation which demonstrates compliance with the applicable review standards of Sections 421-7 through 421-14.

421-3.4

Upon demonstration by the Director of no other alternative, applicants shall obtain a Conditional Letter of Map Revision (CLOMR) from FEMA before an encroachment, including fill, new construction, substantial improvement, fences or other development, in the regulatory floodway is permitted that will cause any increase in the base flood elevation. The CLOMR shall be submitted prior to the application being deemed complete.

(Ord. No. 811, § 2.A.(Exh. 1, § 2), 10-4-16, eff. 11-3-16; Ord. No. 845, § 2.A.(Exh. 1, § 3), 4-2-19, eff. 5-2-19; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

421-4

Uses and Activities Permitted Through a Type I Procedure

Unless specifically prohibited in the applicable Community Plan, the Rural/Natural Resource Plan, CDC Section 422, or Clean Water Services Design and Construction Standards for sanitary sewer and surface water management, a development permit may be approved in a flood area through a Type I procedure for the following:

421-4.1

Recreation or nature trails and removal of vegetation down to duff or bare soil provided:

A.

The area of disturbance is not designated as a Significant Natural Resource in the applicable Community Plan or the Rural/Natural Resource Plan; and

B.

The applicant obtains a permit for erosion control.

421-4.2

Property line adjustments.

421-4.3

Wildlife viewing areas, including interpretive signs, and off-street parking which requires no grading, and viewing platforms or structures, provided that all viewing platforms or structures:

A.

Are elevated by pilings;

B.

Have the lowest floor at least 1 foot above the flood surface elevation; and

C.

A building permit is obtained for the proposed platform or structure.

421-4.4

Maintenance, preservation and repair of local public streets and private streets except as provided for by Section 421-16.7, including paving and grading of existing road surfaces, and grading and shaping of roadside ditches.

421-4.5

Above ground electrical, communication and signal transmission and distribution lines on a single-pole system. For the purposes of this section, a single-pole system is defined as above ground electrical, communication or signal lines and their supporting concrete, wood or metal poles, excluding self-supporting steel lattice-type structures.

421-4.6

Restoration and stabilization of the bank of a river or other watercourse or body of water for erosion control provided:

A.

The application includes a licensed professional engineer's certification that:

(1)

The project is in response to a demonstrated bank failure that resulted from a specific flood event or which has occurred within the last 2 years;

(2)

The project only restores and stabilizes the bank to its original location before the demonstrated bank failure;

(3)

The length of the bank involved does not exceed 250 feet;

(4)

The project is located outside an urban growth boundary; and

(5)

If riprap is used, it will be keyed in to the bed and bank of the body of water as specified in OAR 141-089-0005.

B.

Whether or not riprap is used, the length of bank within the project boundary, from the ordinary high water level to the top of the bank, shall be planted with vegetation that grows roots which will stabilize the bank. Plant species used shall be those in the 1987 or most current list entitled "Shrubs, Trees and Aquatic Plants for Wildlife Plantings" prepared by the Oregon Department of Fish and Wildlife. The plantings shall meet the following requirements, unless different requirements are established for the project by the Oregon Division of State Lands through their permitting process:

(1)

At least five plants shall be placed per 100 square feet of bank area; and

(2)

At least 20 percent of the plants placed shall be trees.

C.

Upon completion of the project, a licensed professional engineer shall submit a statement certifying that the project was completed in compliance with the provisions of this Section.

421-4.7

Maintenance, preservation or repair of off-right-of-way drainage facilities.

421-4.8

Vehicular access to a single-family residence or for farm or forest uses; including culverting for driveway crossings provided the application includes a registered civil engineer's certification that the project complies with Sections 421-7.1 through 421-7.12.

421-4.9

Authorized airport related activities within the Public Use Airport Overlay District, as identified in section 387-4.

421-4.10

Maintenance, preservation or repair of sanitary sewer facilities provided that:

A.

Work is located within the right-of-way or an existing easement;

B.

The sanitary sewer facilities are not being upsized; and

C.

The submittal includes the following:

(1)

An existing conditions site plan and proposed grading and restoration plan demonstrating that the ground and vegetation will be restored to the same or better condition that existed at the time of original construction;

(2)

Documentation of compliance with CWS Design and Construction standards; and

(3)

Copies of applicable U.S. Army Corps of Engineers and Oregon Department of State Lands permit applications or documentation that permits are not required.

(Ord. No. 811, § 2.A.(Exh. 1, § 2), 10-4-16, eff. 11-3-16; Ord. No. 833, § 2.A.(Exh. 1, § 5), 8-7-18, eff. 9-6-18; Ord. No. 845, § 2.A.(Exh. 1, § 3), 4-2-19, eff. 5-2-19)

421-5

Uses and Activities Allowed Through a Type II Procedure

Unless specifically prohibited in the applicable Community Plan, the Rural/Natural Resource Plan, CDC Section 422, or Clean Water Services Design and Construction Standards for sanitary sewer and surface water management, a development permit may be approved in a flood area through a Type II procedure for the following:

421-5.1

One detached dwelling (including a manufactured dwelling) together with no more than two accessory structures and off-street parking on a parcel lawfully created prior to March 26, 1984, when the lot or parcel contains insufficient area outside of the flood area upon which to locate the dwelling, and/or accessory structures.

421-5.2

Substantial improvements to lawfully established structures that have not been abandoned. Applications for substantial improvements to structures shall comply with all applicable requirements of Sections 421-7, 421-8, 421-9 and 421-10.

421-5.3

Improvements to a lawfully established structure when the cost of the improvement is less than 50% of the market value of the structure and there is compliance with Section 421-7. For the purpose of this subsection, improvement means any repair, reconstruction, addition or improvement of a structure except as follows:

A.

Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which is solely necessary to assure safe living conditions; or

B.

Any alteration of a structure listed on the National Register of Historic Places or a state or local inventory of historic plans.

421-5.4

Accessory structure customarily provided in conjunction with the use set forth in the applicable primary District.

421-5.5

Subdivisions and Partitions.

421-5.6

Water quality or quantity improvement facilities, or a required wetland mitigation project when:

A.

Mandated by a local, state or federal regulatory agency;

B.

In conjunction with an adopted Drainage Master Plan as defined by Subsection 106-64; or

C.

In conjunction with any other master plan for water or wetlands management improvements approved by Ordinance or Resolution and Order of the Board.

Sites that are designated as a Significant Natural Resource are subject to the requirements of Section 422.

421-5.7

Dams, weirs, ponds and similar water impoundment devices and mitigation and enhancement improvements, not authorized by Subsection 421-5.6 when in conjunction with an enhancement plan approved through Subsection 422-3.4.

421-5.8

Dams, weirs, ponds and similar water impoundment devices, and mitigation and enhancement improvements for farm or forest purposes when in conjunction with farm use as defined in ORS 215 or forest uses as defined by the Forest Practices Act.

421-5.9

Operations for the exploration for and production of geothermal resources, oil and gas.

421-5.10

Vehicular access to permitted uses, including driveway crossings, except as permitted by Section 421-4.8.

421-5.11

Construction or major improvement or alteration of underground pipes and conduits, including sewer, water and gas lines, transmission and distribution lines for geothermal resources, gas and oil, underground electrical, telephone and television transmission and distribution lines, including necessary accessory structures and drainage systems.

421-5.12

Removal of vegetation down to duff or bare soil in an area designated as a Significant Natural Resource in the applicable Community Plan or the Rural/Natural Resource Plan.

421-5.13

Above ground electrical, communication and signal transmission lines, except as provided by Section 421-4.5.

421-5.14

Parks, golf courses and other recreational uses and associated off-street parking which require grading, excluding structures.

421-5.15

Recreation or nature trails and associated off-street parking, when grading, piping, culverting or bridges are required.

421-5.16

Creation or restoration of wetlands, including wetland mitigation, creation, enhancement and restoration within public use airport approach surface areas and airport direct impact boundaries, pursuant to Section 388-9.

421-5.17

Culverting and piping to implement an approved development, other than crossings for public and private streets and other public transportation facilities, in an area that is not designated as a Significant Natural Resource in the applicable Community Plan or the Rural/Natural Resource Plan when the pipe or culvert connects to an existing pipe, culvert or drainageway. Culverting and piping in a flood area may be subject to local, state and federal agencies.

421-5.18

Construction or major improvement or alteration of public local streets and private streets within the UGB, or approved as part of a Land Division, including culverting and piping, accessory drainage systems such as catch basins, and necessary accessory structures.

421-5.19

Bank maintenance, restoration or stabilization, including riprapping for erosion control, of a river or other watercourse or body of water inside an urban growth boundary or not otherwise permitted by Section 421-4.6.

421-5.20

Replacement of a nonconforming recreational vehicle that does not meet the exemption criteria of Section 421-16.8. The applicant shall demonstrate compliance with all applicable requirements of Section 421, including the elevation and anchoring requirements for manufactured dwellings in Section 421-9.

421-5.21

One Middle Housing Duplex (Section 430-84), together with no more than two accessory structures (total, not per dwelling) and off-street parking on a parcel lawfully created prior to March 26, 1984, when the lot or parcel contains insufficient area outside of the flood area upon which to locate the dwelling units, and/or accessory structures.

(Ord. No. 845, § 2.A.(Exh. 1, § 3), 4-2-19, eff. 5-2-19; Ord. No. 866, § 2.C.(Exh. 3, § 21), 9-1-20, eff. 10-1-20; Ord. No. 885A, § 2.1.(Exh. 1, § 23.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

421-6

Uses Allowed Through A Type III Procedure

Unless specifically prohibited by the applicable Community Plan, the Rural/Natural Resource Plan, Section 422, or Clean Water Services Design and Construction Standards for sanitary sewer and surface water management, a development permit for the following may be approved through the Type III procedure:

421-6.1

Parking area for adjacent multi-dwelling, institutional, commercial or industrial development;

421-6.2

In any area designated as a Significant Natural Resource by the applicable Community Plan, culverting or piping of a flood area that is designed to improve the overall drainage system to facilitate private development. Such requests shall be processed as a Type III Planned Development. Culverting or piping that is permitted by Section 421-5 is not intended to be addressed by this subsection; and

421-6.3

Low head hydroelectric power generation facilities.

(Ord. No. 845, § 2.A.(Exh. 1, § 3), 4-2-19, eff. 5-2-19; Ord. No. 885A, § 2.1.(Exh. 1), 6-28-22, eff. 7-28-22)

421-7

Development Standards for all Type II and Type III Floodplain and Drainage Hazard Area Uses or Activities

The applicant for a proposed floodplain or drainage hazard area development shall demonstrate compliance with the following applicable standards as required by Section 421-3 above:

421-7.1

Development proposed to encroach into a regulatory floodway adopted and designated pursuant to FEMA regulations shall:

A.

Demonstrate through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice by a licensed professional engineer, that the cumulative effect of the proposal, when combined with all other existing and anticipated development within the basin based upon full development of the basin as envisioned in the applicable Community Plan or the Rural/Natural Resource Plan, will not result in any increase in flood levels during the occurrence of the base flood discharge; and

B.

Comply with all applicable flood hazard reduction provisions of Section 421.

421-7.2

Notwithstanding Section 421-7.1, development that would result in an increase in flood levels may be approved if the County, at the sole expense of the applicant, first obtains FEMA approval in accordance with 44 CFR Ch. 1, Part 65 (October 1, 1990 edition, or its successor).

421-7.3

Development proposed on a floodplain site where the development does not encroach into an adopted FEMA regulatory floodway shall demonstrate through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice by a licensed professional engineer, that the cumulative effect of the proposal, when combined with all other existing and anticipated development within the basin based upon full development of the basin as envisioned in the applicable Community Plan or the Rural/Natural Resource Plan, will not increase flood levels during the occurrence of the base flood discharge more than 1 foot.

421-7.4

In areas where a regulatory floodway has not been designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within flood areas on the Flood Insurance Rate Map (FIRM), unless it is demonstrated through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice by a licensed professional engineer, that the cumulative effect of the proposal, when combined with all other existing and anticipated development within the basin based upon full development of the basin as envisioned in the applicable Community Plan or the Rural/Natural Resource Plan, will not increase flood levels during the occurrence of the base flood discharge more than 1 foot.

421-7.5

Notwithstanding Sections 421-7.3 and 421-7.4, an increase in flood levels in excess of 1 foot may be approved if the County, at the sole expense of the applicant, first obtains FEMA approval in accordance with 44 CFR Ch. 1, Part 65 (October 1, 1990 edition, or its successor).

421-7.6

Development proposed on a drainage hazard area site shall demonstrate through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice by a licensed professional engineer, that the cumulative effect of the proposal, when combined with all other existing and anticipated development within the basin based upon full development of the basin as envisioned in the applicable Community Plan or the Rural/Natural Resource Plan, will not result in any increase to the drainage hazard area elevation at any point in the community.

Notwithstanding this provision, an increase may be approved if the area in which the rise will occur contains no structures and the owner of such property signs a written acceptance of any increase in the drainage hazard area elevation.

421-7.7

Encroachments into a floodway allowed under Section 421-7.1 shall be designed so as to minimize the risk that the encroachment will catch substantial debris or otherwise significantly impede floodwater flows. Designs may include, but are not limited to, adequate sizing of openings, secured breakaway bridges, diverters or spacing of supports.

421-7.8

The proposal will not increase the existing velocity of flood flows so as to exceed the erosive velocity limits of soils in the flood area. Energy dissipation devices or other measures to control the mean velocity so as not to cause erosion of the flood area may be used to meet this standard. "Open Channel Hydraulics" by V. T. Chow, McGraw-Hill Book Company, Inc., 1988, is presumed to be the best available reference for maximum permissible velocity. "Hydraulic Engineering Circular No. 14," Hydraulic Design of Energy Dissipators for Culverts and Channels, published by the Federal Highway Administration, September 1983, is presumed to be the best available reference for the design of energy dissipators.

421-7.9

All cut and fill shall be structurally sound and designed to minimize erosion. All fill below the flood surface elevation shall be accompanied by an equal amount of cut or storage within the boundary of the development site unless:

A.

The proposed cut and fill is found to be in compliance with an adopted Drainage Master Plan; or

B.

Off-site excavation will be utilized to balance a fill, provided:

(1)

The off-site excavation area will be part of the application for the development proposing to place the fill;

(2)

The off-site excavation area will be located in the same drainage basin as the proposed fill area;

(3)

The off-site excavation area will be located within points of constriction on the drainage system, if any, and as close to the fill site as practicable. The applicant's licensed professional engineer shall conduct a storage routing analysis to determine the location of the fill;

(4)

The off-site excavation area will be constructed as part of the development placing the fill;

(5)

Any use or future development of the excavated area shall comply with the standards of Section 421 and Section 422 if the area is designated as a Significant Natural Resource; and

(6)

Ownership of the excavated area shall be by one of the following mechanisms:

(a)

Dedication of the area to an appropriate public agency when a public agency is willing to accept the dedication;

(b)

Ownership of the area by the applicant of the proposed development;

(c)

Dedication of the development rights of the area to an appropriate public agency with ownership remaining with the property owner. Maintenance of the area shall be the responsibility of the applicant or property owner; and

(d)

Deed or easement-restricted private ownership which prevents any use or future development of the area as specified by Section 421-7.9 B.(5). Maintenance of the area shall be the responsibility of the applicant or property owner. A contract for conditions shall be required as specified by Section 207-5.3. The contract for conditions shall be recorded in the Department of Assessment & Taxation, Recording Division.

421-7.10

There is adequate storm drainage behind a dike such as a lift pump or flap gate to drain the floodplain or drainage hazard area behind the dike.

421-7.11

The standards of Section 422 have been met, if applicable.

421-7.12

Drainage systems shall be designed and constructed according to the adopted Drainage Master Plan for the area, if one exists.

421-7.13

Proposed Partitions and Subdivisions shall minimize flooding by complying with the applicable standards of Sections 410, 421, 426, 605-3.2 and 610-3.1, and Clean Water Services Design and Construction Standards for sanitary sewer and surface water management.

421-7.14

Public utilities and facilities in proposed Partitions and Subdivisions shall be located and constructed in a manner that will minimize flood damage.

421-7.15

Proposed Partitions and Subdivisions shall provide adequate drainage to reduce exposure to flood damage by complying with the standards of Section 410 and applicable standards of Section 605-3.2 or 610-3.1, whichever is applicable.

(Ord. No. 811, § 2.A.(Exh. 1, § 2), 10-4-16, eff. 11-3-16; Ord. No. 845, § 2.A.(Exh. 1, § 3), 4-2-19, eff. 5-2-19; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23; Ord. No. 902A, § 2.B.(Exh. 2, § 36.), 11-5-24, eff. 12-5-24)

421-8

Criteria for Dwellings

421-8.1

No new dwelling shall be constructed in a flood area if:

A.

The lot or parcel contains sufficient, suitable, existing buildable land area that is located outside the flood area so as to permit construction at least 1 foot above the delineated flood surface elevation; and

B.

The buildable land area shall be deemed suitable if it includes a minimum 10-foot perimeter setback around the proposed dwelling that is outside the delineated flood area.

421-8.2

Construction standards for new dwellings and substantial improvements to existing dwellings in flood areas:

A.

All new dwellings and substantial improvements to existing dwellings shall have the lowest floor, including any basement, elevated to at least 1 foot above the flood surface elevation and shall be anchored so as to prevent flotation, collapse or lateral movement;

B.

New dwellings and substantial improvements to existing dwellings may be placed on pressure treated pilings when:

(1)

Certified by a registered engineer as sufficient to prevent collapse or movement during a 100-year flood.

(2)

Pilings are placed on stable compacted fill on no greater than 10-foot centers; and

(3)

Pilings greater than 6 feet high are reinforced;

C.

New dwellings and substantial improvements to existing dwellings may be placed on approved fill providing the building site, which includes the ground under the structure plus a 10-foot setback around all sides of the structure, is above the flood surface elevation.

D.

All new construction and improvements to existing structures shall be done with approved materials and utility equipment resistant to flood damage, using approved construction methods and practices that minimize such damage. All new construction and improvements to existing structures shall be anchored to prevent flotation, collapse or lateral movement;

E.

Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting the above requirement must either be certified by a registered professional engineer, or must meet or exceed the following minimum criteria:

(1)

A minimum of two openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided;

(2)

The bottom of all openings shall be no higher than 1 foot above grade; and

(3)

Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters without manual intervention.

(Ord. No. 845, § 2.A.(Exh. 1, § 3), 4-2-19, eff. 5-2-19)

421-9

Criteria for Manufactured Dwellings and Manufactured Dwelling Parks and Subdivisions

In addition to the criteria set forth in Sections 430-75, 430-77 and 430-79, manufactured dwellings and manufactured dwelling parks and subdivisions located in a flood area shall comply with the following standards:

421-9.1

Manufactured dwellings shall not be located within the floodway except in a manufactured dwelling park or subdivision existing on March 26, 1984;

421-9.2

Manufactured dwellings shall be anchored to resist flotation, collapse or lateral movement, by providing over-the-top and frame ties to ground anchors in accordance with the following:

A.

Require that over-the-top ties be provided at each of the four corners of the manufactured dwelling, with two additional ties per side at intermediate locations. Manufactured dwellings less than 50 feet long require only one additional tie per side;

B.

Require that frame ties be provided at each corner of the dwelling with five additional ties per side at intermediate points. Manufactured dwellings less than 50 feet long require only four additional ties per side;

C.

Notwithstanding Section 421-9.2 B. above, allow a manufactured dwelling to utilize only frame ties if:

(1)

The dwelling was constructed in compliance with the Oregon Mobile Code in effect between 1972 and 1976 and bears a label to that effect;

(2)

The dwelling was constructed in compliance with the "National Manufactured Housing Construction and Safety Standards Act;"

(3)

The dwelling is multi-sectional (double-wide or greater); or

(4)

The ground upon which the dwelling is located is at an elevation above the base flood level.

D.

All components of the anchoring system be capable of carrying a force of 4,800 pounds; and

E.

Any additions to the manufactured dwelling be similarly anchored.

421-9.3

In new manufactured dwelling parks and subdivisions, or in expansions to existing manufactured dwelling parks and subdivisions, or where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50% of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for manufactured dwellings not placed in a manufactured dwelling park or subdivision, the following shall be required:

A.

Stands or lots shall be elevated on compacted fill or on pilings so that the bottom of the longitudinal chassis frame beam is elevated to be at or above the base flood elevation. The Oregon Manufactured Dwelling Specialty Code also requires that all electrical crossover connections shall be a minimum of 12 inches above the base flood elevation. The more restrictive requirement shall prevail.

B.

Adequate surface drainage and access for a hauler are provided; and

C.

In the instance of elevation on pilings, that:

(1)

Lots are large enough to permit steps;

(2)

Piling foundations are placed in stable soil not more than 10 feet apart; and

(3)

Reinforcement is provided for pilings more than 6 feet above the ground level.

D.

Manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with Section 421-8.2 E.

421-9.4

Placement of, or substantial improvements to, manufactured dwellings on sites outside of a manufactured dwelling park or subdivision, or in a new or existing manufactured dwelling park or subdivision, or in an expansion to an existing manufactured dwelling park or subdivision, shall be elevated on compacted fill or on pilings so that the bottom of the longitudinal chassis frame beam is elevated to be at or above the base flood elevation. Elevation on pilings shall meet the requirements of Section 421-9.3 C. The Oregon Manufactured Dwelling Specialty Code also requires that all electrical crossover connections shall be a minimum of 12 inches above the base flood elevation.

(Ord. No. 845, § 2.A.(Exh. 1, § 3), 4-2-19, eff. 5-2-19)

421-10

Criteria for Non-Dwelling Structures

421-10.1

New construction or substantial improvement of nondwelling structures shall:

A.

Ensure the lowest floor, including any basement, is elevated to or above the flood surface elevation; or

B.

Ensure that all fully enclosed areas below the lowest floor that are subject to flooding are designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. At a minimum, designs for meeting this requirement shall:

(1)

Contain a minimum of two openings with a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding;

(2)

Contain openings where the bottom of each opening is no higher than 1 foot above grade;

(3)

Contain openings equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters without manual intervention;

(4)

Be constructed with approved materials and utility equipment resistant to flood damage, using approved construction methods and practices that minimize such damage;

(5)

Show how the structure is anchored to prevent flotation, collapse or lateral movement; and

(6)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

C.

A licensed professional engineer or architect shall certify that the proposed design and methods of construction comply with the criteria described in Section 421-10.1 B.

421-10.2

Structural support poles for unenclosed agricultural buildings in the 100-year floodplain shall be composed of waterproof material resistant to flood damage, using approved construction methods and practices that minimize such damage.

421-10.3

In accordance with FEMA regulations, the flood insurance premiums for flood-proofed non-dwelling structures will be based on the rates that are 1 foot below the flood-proofed level (e.g., a building flood-proofed to the base flood level will be rated as 1 foot below) or as otherwise amended by FEMA.

(Ord. No. 811, § 2.A.(Exh. 1, § 2), 10-4-16, eff. 11-3-16; Ord. No. 845, § 2.A.(Exh. 1, § 3), 4-2-19, eff. 5-2-19)

421-11

Criteria for Utilities and Tanks

421-11.1

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. The applicant shall obtain all applicable local, state or federal permits.

421-11.2

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into, or discharge from, the system. The applicant shall obtain all applicable local, state and federal permits.

421-11.3

On-site disposal systems shall be permitted only if located and designed to avoid impairment and eliminate contamination of flood waters. The applicant shall obtain all applicable local, state and federal permits.

421-11.4

Above ground electrical, communication and signal transmission and distribution lines and related accessory structures other than poles or towers shall be constructed at or above the flood surface elevation. Poles and towers shall be constructed and placed to minimize risk of damage.

421-11.5

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.

421-11.6

Construction of utilities shall be done in a way which minimizes the impact on the flood area. The site shall be restored, as far as practicable, to its original state.

421-11.7

New and replacement tanks in flood hazard areas shall either be elevated above the base blood elevation on a supporting structure designed to prevent flotation, collapse or lateral movement during conditions of the base flood, or be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy assuming the tank is empty, during conditions of the design flood.

421-11.8

New and replacement tank inlets, fill openings, outlets and vents shall be placed a minimum of 2 feet above Base Flood Elevation or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tank during conditions of the design flood.

421-12

Criteria for Piping, Culverting and Man-Made Creek Beds, Except as Permitted in Section 421-5

Piping or the use of culverts or man-made creek beds to drain or alter the water flow of a flood area shall be approved in conjunction with a Planned Development processed as a Type III action. The proposed development shall meet the following:

421-12.1

Include provisions for open space as required by Section 404-4;

421-12.2

Improve the drainage system or flood protection of all or a substantial portion of the land within the boundaries of the Planned Development application; and

421-12.3

The application, if located within the Tualatin Hills Park and Recreation District (THPRD) boundary, shall demonstrate that the applicant has worked with the park district or other appropriate service provider to coordinate any plans for parks, open space or other use of the flood area. For applications outside of the boundary of THPRD, the application shall demonstrate that the applicant has worked with the appropriate recreation service provider or other appropriate service provider to coordinate any plans for parks, open space or other use of the flood area.

421-12.4

These standards do not apply to piping or the use of culverting or man-made creek beds for:

A.

Uses and activities permitted by Section 421-5;

B.

Improvements necessary to provide access to an approved commercial, industrial, institutional or multi-dwelling parking area; or

C.

Improvements which are in compliance with an adopted Drainage Master Plan.

(Ord. No. 885A, § 2.1.(Exh. 1), 6-28-22, eff. 7-28-22)

421-13

Criteria for Parking for Multi-Dwelling, Institutional, Commercial and Industrial Developments

421-13.1

Land within the flood area may be used for parking by Multi-Dwelling, Institutional, Industrial or Commercial developments, regardless of whether located on the same lot or parcel, if an approval for parking is obtained through the Type III procedure. The parking shall be approved only upon findings that:

A.

The parcel or lot could not develop at the planned density, including any density transfers or bonuses, due to lack of land area to provide ground level parking areas on the same lot or parcel outside the floodplain or drainage hazard area;

B.

Adequate drainage can be provided to minimize the off-site impact of changes in water flow, direction or velocity caused by creation of the parking area;

C.

The applicant will minimize to the extent practicable or as outlined in the appropriate Community Plan or Rural/Natural Resource Plan, any adverse impacts on the natural integrity of the flood area, including wildlife and riparian vegetation. Significant features such as natural ponds, large trees and endangered vegetation shall be preserved to the extent possible. The application for the development, if located in the THPRD boundary, shall demonstrate that the applicant has worked with THPRD to coordinate any plans for parks, open space or other use of the flood area;

D.

The parking area shall be posted to warn users that the area is within the flood area and shall not be used during periods of flood warning; and,

E.

Vehicular access will be provided on a roadway no portion of which is below the flood surface elevation. The parking area shall be located and oriented to minimize to the extent practicable the need to fill to provide such access. All fill shall be structurally sound and designed to avoid erosion.

(Ord. No. 885A, § 2.1.(Exh. 1), 6-28-22, eff. 7-28-22)

421-14

General Requirements and Prohibitions

421-14.1

Property owners shall maintain the flood area in such a manner as to prevent reduction of the natural carrying capacity. Maintenance outside of the public right-of-way shall be done by means of hand implements unless a development permit for an alteration is first obtained (lawn mowers are considered hand implements).

421-14.2

Storage of petroleum products, explosives, herbicides, pesticides, insecticides, poisons, defoliants, fungicides, desiccants, nematocides and rodenticide is prohibited.

421-14.3

Dumping of solid waste in the flood area is prohibited.

421-14.4

Section 421 is in addition to any and all Federal, State or special district laws and regulations in force at the time of approval of the development permit. Any permits required from a local, state or federal agency shall be obtained prior to any development within the flood area.

421-14.5

The standards and criteria of this Section are cumulative and in addition to any other requirements of this Code. Any more stringent provisions of an applicable Community Plan or the Rural/Natural Resource Plan shall control.

421-14.6

The Review Authority may condition any Type II or III development permit to the extent necessary to avoid any specifically identified deleterious impacts on the natural integrity of the flood area or to wildlife and vegetation within the flood area.

421-14.7

In the case of the partitioning or subdivision of land for the location of structures for human occupancy, such site shall provide a building site, which includes the ground under the structure plus a 10-foot setback around all sides of the structure, with a ground elevation at least 1 foot above the flood surface elevation. No Partition or Subdivision shall create a lot whose dimensions do not meet this standard.

421-14.8

There shall be no dumping of fill in a flood area without a floodplain or drainage hazard area alteration permit.

421-14.9

The applicant shall submit to the Director technical data as set forth in Section 421-14.10 prior to any watercourse alteration that will result in the expansion, relocation or elimination of the special flood hazard area.

421-14.10

Within 6 months of project completion, an applicant who obtains a CLOMR from FEMA, or whose development alters a watercourse, modifies floodplain boundaries, or Base Flood Elevations shall obtain from FEMA a Letter of Map Revision (LOMR) reflecting the as-built changes to the Flood Insurance Study (FIS) and/or Flood Insurance Rate Map (FIRM).

421-15

Duties of the County

421-15.1

The Director shall obtain and maintain the following information. Such information shall be public record.

A.

Where base flood elevation data is provided through the Flood Insurance Study, FIRM, or as provided in Section 421-1.1, the County shall 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 located within the flood area and whether or not such structures contain 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 as provided in Section 421-1.1:

(1)

Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement);

(2)

Obtain and maintain the certification required in Section 421-10.1 C.; and

(3)

Obtain and maintain certification by a licensed surveyor of the elevation to which the structure was floodproofed.

421-15.2

For alteration of watercourses, the Director shall:

A.

Notify adjacent communities, Oregon Department of Land Conservation and Development, and other relevant State agencies of any approval prior to alteration of a watercourse;

B.

Submit evidence of said notification to the Federal Insurance Administration; and

C.

Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

421-15.3

The Director shall review all development proposed in flood areas, including drainage hazard areas, for compliance with the provisions of Section 421.

421-15.4

The Director shall review all development permits to determine if the proposed development is located in the floodway. If located in the floodway the Director shall assure that the encroachment provisions of Section 421-7 are met.

(Ord. No. 845, § 2.A.(Exh. 1, § 3), 4-2-19, eff. 5-2-19)

421-16

Exemptions

Unless specifically prohibited in the applicable Community Plan, Rural/ Natural Resource Plan, or Clean Water Service's Design and Construction Standards for sanitary sewer and surface water management, the following are exempt from the requirement of obtaining a development permit for a floodplain or drainage hazard area alteration:

421-16.1

Farming or raising of livestock not utilizing a structure;

421-16.2

Propagation or harvesting of timber for personal consumption, provided that the use of a caterpillar tractor, yarder, backhoe, grader or similar heavy mechanized equipment is prohibited;

421-16.3

A wire boundary fence designed to impede as little as practicable the movement of water or water borne materials;

421-16.4

Accessory residential or institutional uses such as lawns, gardens and play areas, provided that no structure is permitted;

421-16.5

Recreational and accessory recreational uses such as parks or game fields, provided that no grading or structures are permitted;

421-16.6

Commercial forestry activities when in compliance with the Oregon Forest Practices Act and Oregon Administrative Rules;

421-16.7

Maintenance, preservation or repair of public or private streets and other public transportation facilities, including culverting and piping, accessory drainage structures and necessary accessory structures that does not constitute development as defined in Section 421-2.2, provided that the work shall comply with local, state and federal regulatory requirements.

421-16.8

A recreational vehicle which meets the following criteria:

A.

On-site for fewer than 180 days; and

B.

Fully licensed and ready for highway use, on its wheels or jacking system attached to the site only by quick disconnect type utilities and security devices, and having no permanently attached additions;

421-16.9

An emergency measure necessary for immediate safety of persons or protection of property, such as riprapping for erosion control, provided however, that an application for a development permit shall be filed within 90 days of water receding if the measure otherwise would require such a permit but for the emergency, and that the work shall comply with local, state and federal regulatory requirements;

421-16.10

Line borings for installation of utilities when certified by a licensed professional engineer: that the line is located at least 36 inches below ground surface in floodways, floodplains, and drainage hazard areas; that the land disturbance will not alter flood storage capacity or water velocities; that all construction will take place outside the delineated floodplain or drainage hazard area; and that all spoils will be removed from the flood area and placed in an appropriate disposal site.

(Ord. No. 811, § 2.A.(Exh. 1, § 2), 10-4-16, eff. 11-3-16; Ord. No. 845, § 2.A.(Exh. 1, § 3), 4-2-19, eff. 5-2-19)

This Section applies to identified Significant Natural Resource Areas as follows:

A.

The provisions in Sections 422-1 to 422-13 shall apply to areas within the regional Urban Growth Boundary (UGB).

B.

The provisions in Sections 422-20 to 422-23 shall apply to the rural area.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-1

Intent and Purpose of Significant Habitat Standards Inside the UGB

The intent and purpose of Sections 422-2 through 422-12 is to regulate development on properties with Significant Habitat within the regional UGB in compliance with Statewide Planning Goal 5, Oregon Administrative Rule (OAR) Chapter 660, Division 23, and the Metro Urban Growth Management Functional Plan (UGMFP) Title 13 (Nature in Neighborhoods).

The standards of these sections are established for the following purposes:

A.

Protect Significant Habitat, including streams, wetlands, riparian areas and priority forest and woodlands, for their ecological function, as an amenity for the community, and to promote improved hydrology, flood protection, aquifer recharge, and habitat functions.

B.

Maintain and enhance water quality and control erosion and sedimentation by placing limits on uses and impervious surfaces in proximity to streams and wetlands.

C.

Balance conservation of resources with economic use of the land and provide mitigation standards for the replacement of natural resource values lost through development of resource areas.

D.

Provide clear and objective standards as well as optional discretionary processes consistent with Statewide Land Use Planning Goal 5 and OARs.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-2

Significant Habitat Classifications and Maps for Areas within the UGB

The requirements of Section 422-2 through 422-12 apply to properties within the regional UGB that contain Significant Habitat, as specified below. These lands contain habitat identified as significant by Washington County pursuant to Metro UGMFP Title 13 requirements and Statewide Planning Goal 5 procedures.

422-2.1

Significant Habitat provides important movement corridors and supports the life-cycle requirements of the fish and wildlife species that use it. It includes the following two categories:

A.

Riparian Wildlife Habitat, which includes:

1.

Water Areas including wetlands, rivers, streams, and open water habitats (e.g., lakes and ponds); and

2.

An associated riparian buffer. The riparian buffer is the area within a specified distance of a Water Area. Riparian buffers are established and verified in accordance with the methodology in Section 422-8.1.

B.

Upland Wildlife Habitat, which primarily includes forests and woodlands adjacent to the Riparian Wildlife Habitat. All Significant Habitat that is not otherwise classified as Riparian Wildlife Habitat pursuant to Section 422-2.1.A is classified as Upland Wildlife Habitat. This includes areas identified as Riparian Wildlife Habitat on the Significant Natural Resources Maps, but subsequently found to be outside the verified Riparian Wildlife Habitat boundary.

422-2.2

The general location of Significant Habitat is identified on the Significant Natural and Cultural Resources Maps in the Community Plans and Map B in Comprehensive Framework Plan for the Urban Area (CFP) Policy 41. Together these are referred to as the Significant Natural Resources Maps (SNR Maps). Those maps also distinguish between:

A.

Significant Habitat on lands that were inside the UGB on Dec. 28, 2005, referred to as "Pre-2006 UGB Significant Habitat."

B.

Significant Habitat on lands added to the UGB after Dec. 28, 2005, referred to as "Post-2005 UGB Significant Habitat."

Additional information about the location, attributes and values of the different habitat types are described in the adopted Washington County's Habitat Inventory and Goal 5 Reports contained in Volume IA of the County's Resource Document.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-3

Definitions

As used in Sections 422-1 through 422-12, the words below have the following meaning:

422-3.1

Diameter at breast height (DBH). Tree diameter measured at breast height, which is 4.5 feet above ground. For multi-stemmed trees, the DBH is determined by measuring all the trunks, and then adding the total diameter of the largest trunk to one-half the diameter of each additional trunk.

422-3.2

Diseased or Dying Trees. Trees that are in an advanced state of decline because they are diseased, infested by insects or rotting and cannot be saved by reasonable treatment or pruning, or must be removed to prevent spread of the infestation or disease to other trees or are imminently likely to die or become a danger.

422-3.3

Hazardous Trees. Trees that have a structural weakness that present a foreseeable danger of inflicting injury to people or damage to vehicles, structures, or development, such as sidewalks or utilities.

422-3.4

ISA. International Society of Arboriculture.

422-3.5

Qualified Natural Resource Professional. Persons with a combination of relevant education and work experience at the minimum levels specified below are considered qualified for the purposes of complying with the technical standards in Sections 422-1 through 422-12 where the regulations require a Qualified Natural Resource Professional:

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-4

Exemptions

The following are exempt from the standards and requirements applicable to Significant Habitat within the UGB (Sections 422-3 to 422-12):

422-4.1

Maintenance and repair of existing uses and improvements when all work occurs within the existing development footprint.

422-4.2

Removal of certain trees within Significant Habitat as follows:

A.

Hazardous, Diseased or Dying Trees. For removal of native trees 6 inches or greater DBH that are hazardous, diseased or dying, the property owner must obtain a determination of exemption from the County by submitting a written evaluation of each tree proposed for removal prepared by an ISA certified arborist declaring the tree(s) to be hazardous, diseased or dying and recommending removal. Trees that a property owner intentionally causes to become diseased or dying as determined by the arborist, do not qualify for this exemption.

B.

Trees that are removed as part of stream enhancement or ecological rehabilitation activities as directed and approved by Clean Water Services (CWS).

C.

Trees in commercial tree farms and nurseries where the farm use, as defined in Oregon Revised Statutes, is, or was formerly, recognized by the County Tax Assessor or where income tax or state business registry document is provided.

422-4.3

Removal of trees within Upland Wildlife Habitat in association with the following:

A.

Construction, maintenance and repair of public park improvements or projects within pre-2006 UGB areas.

B.

Construction, maintenance and repair of public transportation facilities and associated improvements.

C.

Installation, maintenance or construction of the following utilities: sanitary and storm sewer and water lines, electric, communication and signal lines; and gas distribution and transmission lines.

D.

Mineral extraction operations within approved mineral and aggregate sites.

422-4.4

Uses and activities on lots that do not contain mapped Riparian Wildlife Habitat and meet at least one of the following criteria, with a determination of exemption:

A.

The lot contains less than 500 square feet of Upland Wildlife Habitat; and/or

B.

The lot was legally established on or before November 5, 2024 and is 0.5 acres in size or smaller.

422-4.5

Upland Wildlife Habitat, including areas identified as Riparian Wildlife Habitat on the SNR Maps and subsequently found to be outside the verified Riparian Wildlife Habitat boundary, in the following land use districts: NC, OC, CBD, GC, IND, MAE, TO: R40-80, TO:R80-120, TO:RC, TO:EMP, TO:BUS, NCC NB, NCMU NB, CCMU and NMU.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-5

General Provisions Applicable to Significant Habitat within the UGB

422-5.1

Compliance with Other Requirements

Development within Significant Habitat shall obtain all required local, state and federal permits.

422-5.2

Density Transfer

Areas designated as Significant Habitat are eligible for density transfer as specified in Section 300-3. The limitation on the density of the buildable portion of a site in Section 300-3.3 shall not apply.

422-5.3

Adjustments to CDC Standards to Address Significant Habitat

A.

Adjustments may be requested through a Type II discretionary process to the following development standards to facilitate the preservation of Significant Habitat identified in the SNR Maps:

1.

Reduction of up to 30% from any dimensional standard (as defined by Section 106-61 and enumerated in each Land Use District), any development standard in Section 392 (Pedestrian-Oriented Mixed-Use Districts), and/or the required planting units and additional setbacks in Section 411-6 (Screening and Buffering Standards).

2.

Required landscaping and landscape area in Section 407-1 provided that reductions in required landscape area are not allowed if the amount of landscape area is also proposed to be reduced in accordance with Section 407-1.6.

3.

Infill fence requirements in Section 430-72 only where mature trees are present along the perimeter of the site and will be preserved.

B.

The Director shall grant an adjustment pursuant to Section 422-5.3.A only when the Director makes findings, based upon evidence in the record, that all of the following criteria have been met:

1.

Existing native trees within the Significant Habitat boundary will be protected in a manner that meets or exceeds the minimum requirements of Section 422.

2.

The maximum density for the site will not exceed that specified in the land use district. Significant Habitat, including those resources that have been, or are proposed to be, placed in a separate tract or dedicated to a park and recreation provider, shall be included in the site area for the purposes of this calculation. The limitation on the density of the buildable portion of a site in Section 300-3.3 shall not apply.

3.

The proposed adjustment facilitates the preservation of Significant Habitat on the site.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-6

Submittal Requirements for Properties with Significant Habitat within the UGB

At a minimum, an application for development on a site with Significant Habitat shall be processed as a Type II, except as specified in Section 422-6.3.B.3. or 422-7. Type II or III applications shall contain the following information:

422-6.1

For all sites with Significant Habitat, both a site plan prepared in accordance with Section 203-4.2.E and an aerial photo at the same scale showing the following:

A.

The extent of proposed development and the location of the verified Significant Habitat boundary on the site.

B.

The verified Riparian Wildlife Habitat boundary if applicable.

422-6.2

For proposed development within the Riparian Wildlife Habitat, materials demonstrating compliance with:

A.

The boundary verification requirements for the Riparian Wildlife Habitat. The boundary shown on the SNR Maps provides the general location of the Riparian Wildlife Habitat. If Riparian Wildlife Habitat is identified on the site, applicant must verify the location of the habitat boundary as provided in Section 422-8.1.

B.

The applicable standards in Sections 422-8.2 and 422-8.3 if development is proposed within the verified Riparian Wildlife Habitat.

422-6.3

For proposed development within the Upland Wildlife Habitat, materials demonstrating compliance with:

A.

The boundary verification requirements for the Upland Wildlife Habitat.

1.

If applicant believes the SNR Maps are accurate, applicant must verify this by submitting written acknowledgement of acceptance of the Upland Wildlife Habitat boundary.

2.

If applicant does not believe the County's SNR Maps are accurate, applicant must request a map modification in accordance with Section 422-12, including submittal of materials specified in that Section.

B.

The provisions of one of the following:

1.

The clear and objective Type II Tree Inventory and Retention Requirements in Section 422-9;

2.

The Type II Canopy Assessment and Protection Requirements in Section 422-10; or

3.

The Type III Detailed Environmental Report Requirements in Section 422-11.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-7

Type I Tree Removal Permit Requirements for Certain Properties with Significant Habitat within the UGB

Trees may be removed within the Upland Wildlife Habitat with a Type I tree removal permit only as specified in this section. All other non-exempt tree removal shall be allowed only in conjunction with an approved development application following the requirements of Section 422-6.

As used in this Section, the words below have the following meanings:

A.

Disturbance area. One contiguous area on a site, identified by the applicant, in which existing and proposed structures, impervious areas, landscaping and tree removal are allowed.

B.

Habitable building. A building with at least two of the following: water, sewer, power, and a permanent heat source or equivalent services.

422-7.1

Trees may be removed within the Upland Wildlife Habitat with a Type I Tree Removal Permit only in the following circumstances. Applicants may choose to apply under Subsection A. or B. Both sections cannot be applied to the same property under any circumstances.

A.

Trees within a maximum disturbance area of 10,000 square feet provided the criteria below are met.

1.

The lot contains one or more dwellings that existed on or before November 5, 2024;

2.

The maximum disturbance area within Upland Wildlife Habitat is determined by subtracting all portions of the site outside the mapped Significant Habitat (Upland and Riparian) from 10,000 square feet (i.e., 10,000 SF - area outside the mapped Significant Habitat (Upland and Riparian) = maximum disturbance area within the Upland Wildlife Habitat);

3.

Existing structures, impervious areas and landscaping within Upland Wildlife Habitat must be included within the disturbance area. If the area needed to encompass existing structures, impervious areas and landscaping exceeds the maximum disturbance area within Upland Wildlife Habitat allowed pursuant to Subsection 2 above, no additional disturbance area is allowed within Upland Wildlife Habitat;

4.

The trees to be removed were not required to be preserved or planted to meet other requirements of the CDC.

B.

Trees that, at their base, are located within 20 horizontal feet from the walls of an existing habitable building.

422-7.2

Type I Tree Removal Permit Submittal requirements

Applications for a Type I Tree Removal Permit shall include a site plan prepared in accordance with Section 203-4.2.E showing the Significant Habitat boundary and Riparian Wildlife Habitat on the site, if applicable, and either:

A.

The footprint of existing and proposed structures, impervious areas, and landscaped areas; trees over 6 inches DBH where the trunk of the tree at its base is within 20 horizontal feet of the walls of existing habitable buildings; the proposed disturbance area, and the proposed disturbance area calculations, if applying under Subsection 422-7.1.A; or

B.

The footprint of all existing habitable buildings on the site and any tree over 6 inches DBH where the trunk of the tree at its base is within 20 horizontal feet of the walls of the buildings and the tree is proposed to be removed, if applying under Subsection 422-7.1.B.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-8

Development Standards Applicable to Riparian Wildlife Habitat within the UGB

Applicants proposing development on a site with mapped Riparian Wildlife Habitat shall comply with the following standards. Land within the Riparian Wildlife Habitat boundary shown on the SNR Maps, but outside a verified Riparian Wildlife Habitat boundary, is not subject to the standards in this section, but is subject to the standards applicable to Upland Wildlife Habitat in Section 422-9.

422-8.1

Verifying the Riparian Wildlife Habitat Boundary

The Riparian Wildlife Habitat boundaries shown on the SNR Maps provide the general location of Riparian Wildlife Habitat. Applicants shall verify the location of the boundary on their site using one of the following methodologies except as provided in Section 422-8.1.C for certain sites outside CWS:

A.

Methodology 1: Submit a Service Provider Letter from CWS demonstrating the CWS vegetated corridor and sensitive area standards are met or met with conditions. The outer boundary of the CWS Vegetated Corridor shall be the outer boundary of the Riparian Wildlife Habitat.

B.

Methodology 2: A Qualified Natural Resource Professional shall establish the Riparian Wildlife Habitat boundary as described below. Riparian Wildlife Habitat includes the Water Area and riparian buffer. The outer boundary of the riparian buffer shall be the outer boundary of the Riparian Wildlife Habitat.

1.

The minimum riparian buffer width is 50 feet for all Water Areas except the Tualatin River, which has a minimum riparian buffer width of 125 feet. Riparian buffers shall be extended up to a maximum of 200 feet on development sites containing slopes greater than or equal to 25% adjacent to the Water Area. On such sites, the boundary of the riparian buffer shall be 35 feet beyond the break in slope as defined in Subsection 3.

2.

Riparian buffer widths apply to all sides of the Water Area. The edge of the Water Area shall be determined based on the type(s) of Water Area as detailed below:

a.

The edge of the Water Area shall be the centerline of the stream for streams where there are no wetlands;

b.

The two-year 24-hour design storm elevation for the Tualatin River; and/or

c.

The delineated boundary of the wetland in accordance with the U.S. Army Corps of Engineers (USACE) "Wetlands Regulatory Assistance Program Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region" and including:

i.

The outside edge of spring emergence (measured as the area of saturation, hydric soil conditions, or channel formation, whichever is greatest); and/or

ii.

The average high water mark for lakes, ponds, and in-stream impoundments.

3.

Methodology for Measuring Slope and Determining Break in Slope

a.

Slopes shall be measured perpendicular to the contours. To meet this requirement, the line along which the slope is measured may bend horizontally so it remains perpendicular to the contours.

b.

The slope adjacent to the Water Area shall be measured horizontally 50 feet from the edge of the Water Area as shown in Figure 422-8.1-1. The slope is equal to the vertical distance divided by the horizontal distance, expressed as a percentage.

Figure 422-8.1-1 Slope Measurement Adjacent to Water Area

c.

A minimum of three slope measurements along the Water Area, spaced at no more than 100-foot increments, shall be made for each site.

d.

The break in slope shall be determined by measuring 50 feet horizontally from the edge of the Water Area. If the slope is greater than 25%, the measurement shall be continued in 25-foot horizontal increments until either:

i.

A slope is encountered that is less than 25%. In this case, the applicant shall determine the break in slope and add an additional 35 feet to mark the outside boundary of the riparian buffer (see Figure 422-8.1-2); or

ii.

200 feet is reached (all slope measurements >25%) (see Figure 422-8.1-3).

Figure 422-8.1-2 Slope Measurement to Determine Break in Slope

Figure 422-8.1-3 Slope Measurement to Determine Break in Slope

C.

Exception to Methodology 2 for sites that are outside of CWS. Applicants can choose to accept the Riparian Wildlife Habitat boundary shown on the County's SNR Maps as the verified Riparian Wildlife Habitat boundary if the applicant's site plan demonstrates that all proposed grading and improvements, including temporary disturbance areas associated with construction, will be at least 100 feet from the County-mapped Riparian Wildlife Habitat boundary.

422-8.2

No new or expanded alteration of the vegetation or terrain shall be allowed within Riparian Habitat except for the following uses and activities.

A.

Construction, maintenance and repair of public transportation facilities and associated improvements.

B.

Installation, maintenance or construction of the following utilities: sanitary and storm sewer and water lines, electric, communication and signal lines; and gas distribution and transmission lines.

C.

Public wildlife viewing areas and recreation or nature trails.

D.

Bank maintenance, restoration or stabilization, including riprapping for erosion control, of a river or other watercourse or body of water provided there is compliance with the requirements of Section 421-4.6 and with the applicant's CWS' Service Provider Letter or associated permit materials submitted to Oregon Division of State Lands (DSL) and/or the USACE, as applicable.

E.

Detached dwelling or middle housing duplex on a legal lot, provided all required local, state or federal permits and approvals are obtained and the following maximum disturbance area is not exceeded.

1.

The maximum disturbance area (including structures, impervious areas and landscaped areas) permitted within Riparian Habitat equals 5,000 square feet less the buildable area on the site (i.e., 5,000 SF - Buildable Area = maximum disturbance area permitted within Riparian Wildlife Habitat).

2.

Buildable Area for the purposes of this section means land that has a slope of less than 25% and is outside verified Riparian Wildlife Habitat, public rights-of-way, public utility easements, and required setbacks.

F.

An alteration permitted or required by CWS, or permitted or required by DSL or the USACE for areas outside of CWS.

G.

Fencing provided it is split rail or other design that allows for the passage of wildlife by meeting the following design requirements:

1.

The lowest horizontal fence element must be at least 18 inches off the ground.

2.

The highest horizontal fence element must be no more than 42 inches in height.

3.

Fencing shall not include woven wire, cyclone fencing, or contain barbed wire elements.

H.

Chain link fencing and signage around water quality facilities when authorized by CWS.

422-8.3

For development proposals that are within verified Riparian Wildlife Habitat but are outside CWS, the applicant shall demonstrate compliance with either the Tree Inventory and Retention Requirements for Post-2005 UGB Significant Habitat in Section 422-9 or the Detailed Environmental Report Requirements in Section 422-11.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-9

Tree Inventory and Retention Requirements for Significant Habitat within the UGB

422-9.1

Applicability

The standards in this section apply to development that will impact Regulated Trees located within the Upland Wildlife Habitat, and Riparian Wildlife Habitat outside of CWS.

422-9.2

Definitions

As used in Section 422-9, the words listed below have the following meaning:

A.

Impacted by development. A Regulated Tree is considered impacted by a development proposal when the proposed location of the development will be within the tree's Root Protection Zone.

B.

Multi-stemmed tree. A tree with trunks that are connected above the ground. This does not include individual trees growing close together or from a common rootstock that do not have trunks connected above the ground.

C.

Native tree. A tree listed under Category A on the most recent Native Tree List as adopted by the Washington County Board of Commissioners.

D.

Native understory tree/shrub. A tree or shrub listed under Category B on the most recent Native Tree List as adopted by the Washington County Board of Commissioners.

E.

Regulated Trees. Native trees that are 6 inches or greater in diameter, except as specified in Section 422-9.3.

F.

Root Protection Zone. The area within a circle surrounding the tree with a radius measured from the trunk of the tree at ground level and extending one foot for every inch of tree diameter (DBH) - see Figure 422-9.2-1.

Figure 422-9.2-1 Root Protection Zone

G.

Tree location. A tree's location, for purposes of establishing the applicable requirements of this section, is determined by the location of the trunk at the point where it meets the ground. Surface roots extending from the trunk are not used to determine the tree's location. A tree is considered within the Significant Habitat boundary if any portion of the trunk is within the Significant Habitat boundary at the point where it meets the ground.

422-9.3

Exceptions to Regulated Tree Definition

The following trees are not Regulated Trees and are not subject to the tree preservation requirements of Section 422-9.5.

A.

Trees within a verified Riparian Wildlife Habitat boundary, except as specified in Section 422-8.3.

B.

Trees (native or non-native) that are not identified in the adopted Washington County Native Tree List as Category A or that are less than 6 inches DBH, unless such trees will be retained to meet the requirements of this section.

C.

Hazardous, Diseased or Dying Trees exempt from these regulations pursuant to Section 422-4.C.

D.

Trees approved for removal through a Type I Tree Removal Permit pursuant to Section 422-7.

422-9.4

Tree Inventory

If the proposed development will occur within the Significant Habitat boundary, a tree inventory of all Regulated Trees on the development site is required, except as allowed by Subsection C (for a proposal impacting fewer than 10 Regulated Trees).

The tree inventory must be prepared by an ISA certified arborist, licensed landscape architect, or Qualified Natural Resource Professional, and shall provide the following:

A.

A table listing the Regulated Trees and including the following information for each listed tree:

1.

Identification number

2.

Diameter of tree (DBH)

3.

Status: retain or remove

4.

Common name, genus and species

5.

The Tree Value score (in points) for each Regulated Tree, calculated as follows:

B.

A site plan that includes the following information:

1.

The location and identification number of each Regulated Tree. If the Regulated Tree is to be retained, the location of its Root Protection Zone.

2.

The location of existing and/or proposed public and private utility easements, driveways, and areas of grading or excavation on the development site.

3.

The location of all existing development on the site and the location of development proposed in the land use application that triggers the requirement for a Tree Inventory.

4.

Calculations showing the following:

• The total Tree Value score (points) for the site

• The Tree Value score (points) for the trees to be retained

• The percentage of total points proposed to be retained

5.

Trees to be retained are subject to the tree protection standards in Section 422-9.7. Required tree protection fencing shall be indicated on the site plan.

C.

If the proposed development will impact fewer than 10 Regulated Trees and 100% of the lost Tree Value points will be replaced in accordance with Section 422-9.6, only the Regulated Trees that will be impacted by the proposed development need to be inventoried.

422-9.5

Tree Retention and Replacement Requirements

The minimum percentage of Tree Value Points required to be retained or replaced, based on the location of the site, is shown in the following table. An applicant shall demonstrate through the Tree Inventory (site plan and table) that the required percentage of Tree Value Points are being retained or shall prepare a Tree Replacement Plan in accordance with Section 422-9.6 demonstrating how the required percentage of Tree Value Points will be achieved on the site.

422-9.6

Tree Replacement Plan

A.

If replacement points are required pursuant to Section 422-9.5, the applicant must provide a Tree Replacement Plan, demonstrating how the proposal will achieve the required number of Tree Value Points on the development site either by retaining existing native trees or planting new native trees.

B.

Replacement Tree Value Points are calculated as shown in the table below.

C.

All tree replacement shall occur on-site and outside the verified Riparian Wildlife Habitat boundary except where the replacement is required pursuant to Section 422-8.3.

D.

Trees planted or retained to replace required tree points shall be documented in accordance with the tree inventory requirements in Section 422-9.4. The Tree Replacement Plan shall provide all of the required information and shall also indicate whether these trees are existing trees that will be retained or trees that will be newly planted.

E.

All replacement trees (retained or planted) are considered Regulated Trees and are subject to the tree protection and planting standards in Section 422-9.7.

422-9.7

Tree Protection and Planting Standards

A.

Protective fencing shall be installed by the applicant/property owner to protect the Root Protection Zone of trees retained or planted. Fencing shall be inspected by the County prior to beginning any development activities. All protective tree fencing must remain in place until completion of all construction activities. Any relocation, removal, or modification of the protective fencing shall only occur under the direction of an ISA certified arborist or Qualified Natural Resource Professional and a written explanation of the reason for the relocation, removal, or modification of the protective fencing from the certified arborist must be provided to the County.

B.

No excavation, grading, material storage, staging, vehicle parking or other construction activity shall take place within protective tree fencing areas.

C.

The following standards shall apply to replacement trees to be planted by the applicant, but not to existing trees that are retained.

1.

New native trees (Category A) shall be planted no closer than 8 feet on-center from another tree and no closer than 10 feet from an existing or proposed habitable structure.

2.

A mix of species shall be provided as follows:

3.

Category A replacement trees shall have a minimum rooting size of 2 gallons and a minimum height of 5 feet. Category B native understory trees/shrubs, which shall have a minimum rooting size of 1 gallon and a minimum height of 2 feet.

4.

Replacement planting must be completed prior to the issuance of any certificate of occupancy or the applicant must post a bond to cover 120% of the cost of installation as calculated by Washington County.

D.

Survival of Regulated Trees. The applicant/property owner is responsible for ensuring a minimum of 80% of the trees and shrubs planted remain alive on the second anniversary of the date that the mitigation planting is completed. If this level is not met, replanting is required to meet the 80% survival requirement. In the event a mature Regulated Tree (retained) must later be removed because it is dead, diseased, dying, or hazardous, documentation of the tree's dead, diseased, dying, or hazardous condition by an ISA certified arborist must be provided to the County prior to tree removal. In the event of tree removal, the tree points must be replaced in accordance with Section 422-9.6.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-10

Tree Canopy Assessment and Protection Requirements for Upland Wildlife Habitat within the UGB

422-10.1

Applicability of Canopy Assessment and Protection Requirements

Applicants proposing development within the Upland Wildlife Habitat boundary may choose to comply with the tree canopy preservation requirements of this section rather than the Tree Inventory and Retention requirements in Section 422-9. This shall be a Type II review process.

422-10.2

Definitions.

As used in Section 422-10, the words listed below have the following meaning:

A.

Abut. To adjoin or border for at least 20 feet.

B.

Canopy cover. The proportion of a fixed area of the ground covered by tree canopy. The area of tree canopy is measured by determining the area surrounding a tree located within the dripline or by other means acceptable to the County.

C.

Dripline. The perimeter measured on the ground at the outermost tree crown by drawing an imaginary vertical line from the circumference of the crown, straight down to the ground below.

D.

Tree Canopy. Branches, leaves, or other foliage from woody vegetation generally exceeding five feet in height.

E.

Tree Crown. The area of the tree above the ground, measured in mass, volume, or area extending from the trunk and including the branches, stems, leaves, and reproductive structures.

422-10.3

Tree Canopy Preservation Area Required

A.

An area within Upland Wildlife Habitat shall be set aside as a Tree Canopy Preservation Area (TCPA).

B.

TCPAs shall comply with the following dimensional requirements:

1.

Minimum area: The total TCPA on a site shall be based on a percentage of the total Upland Wildlife Habitat on the site as specified in the table below or 500 square feet, whichever is greater. The TCPA shall not include any land within a verified Riparian Wildlife Habitat boundary.

2.

Maximum number: If multiple TCPAs are proposed, each TCPA must be at least 10,000 square feet in size.

3.

Minimum width and depth: The width and depth of each TCPA shall be at least 20 feet.

C.

Each TCPA shall be preserved in a non-buildable tract or conservation easement subject to deed restrictions that provide for ownership and maintenance responsibility by a homeowners' association or other property owner(s) or by other means acceptable to the County.

D.

The applicant shall provide documentation demonstrating how the parties responsible for each TCPA will manage the TCPA to ensure the standards in Section 422-10.4 will continue to be met. At a minimum this shall include a plan for monitoring and maintenance.

422-10.4

Tree Canopy Retention and Replacement within TCPAs

Within TCPAs, the following standards shall apply:

A.

Tree canopy shall cover at least 75% of the TCPA.

This standard shall be met by:

1.

Preserving the tree canopy provided by existing trees within the TCPA;

2.

Planting native trees in portions of the TCPA not currently covered by tree canopy; or

3.

A combination of 1 and 2.

B.

If trees are proposed to be planted to meet the canopy standard, the applicant shall submit a planting plan prepared by an ISA certified arborist, Qualified Natural Resource Professional or licensed landscape architect demonstrating the tree canopy standard will be met within 15 years of planting based on the size, species and placement of trees planted.

C.

Only native plants shall be planted within the TCPA. Native plants are those identified on the Washington County Native Tree list or other plants native to Washington County approved by the Director.

D.

Trees shall be planted in accordance with the standards in Section 422-9.7.C. The applicant is responsible for ensuring a minimum of 80% of the trees and shrubs planted remain alive on the second anniversary of the date that the mitigation planting is completed. If this level is not met, replanting is required to meet the 80% survival requirement.

E.

Native understory vegetation shall be retained, and invasive species shall be removed.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-11

Detailed Environmental Report Requirements for Upland Wildlife Habitat within the UGB

422-11.1

Applicability of Detailed Environmental Report Requirements within Upland Wildlife Habitat

Applicants proposing development within the Upland Wildlife Habitat may choose to comply with the detailed environmental report requirements of this section rather than the Tree Inventory and Retention requirements in Section 422-9. This shall be a Type III review process.

422-11.2

Detailed Environmental Report Contents

A Detailed Environmental Report shall be prepared and signed by a Qualified Natural Resource Professional. The Detailed Environmental Report shall include the following:

A.

A site assessment that identifies the ecological functions provided by the Upland Wildlife Habitat on the project site addressing the following:

1.

Habitat condition including:

a.

Native plant diversity and presence of non-native and invasive species;

b.

Habitat patch size;

c.

Interior habitat;

d.

Connectivity of the habitat to Riparian Wildlife Habitat; and

e.

Connectivity of the habitat to other Upland Wildlife Habitat.

2.

The use and importance of the habitat to invertebrates (pollinators, birds, reptiles, amphibians, and mammals), including the known presence of any Threatened, Endangered, and Candidate Fish and Wildlife Species.

3.

The role of the habitat in providing temperature moderation and carbon sequestration.

B.

An impact evaluation describing the impacts of the proposed development. The full range of impacts must be detailed, including the precise impact areas (both temporary and permanent) as well as impacts to ecological functions provided at the site and any potential impacts on adjacent property(ies).

C.

A mitigation narrative and plan that describes how proposed mitigation will adequately compensate for or offset impacts described in the impact evaluation. The narrative shall include the following:

1.

Documentation of required permits from CWS, USACE, DSL, and Department of Environmental Quality (DEQ) as applicable.

2.

A list of all parties responsible for implementing and monitoring the mitigation plan and, if mitigation will occur off-site, the names of the owners of property where mitigation plantings will occur and documentation of a deed restriction or other means approved by the County.

3.

A site plan and complete list of proposed mitigation plantings including the size, location and amount of each species (only native species are permitted to be planted).

4.

A description of all site preparation and maintenance (mulching, removal of invasive and noxious vegetation, irrigation, wildlife protection, and weed control).

5.

The applicant's mitigation site monitoring, success criteria, and reporting plan which ensures a minimum of 80% of the trees and shrubs planted shall remain alive on the second anniversary of the date that the mitigation planting is completed. If this level is not met, replanting is required to meet the 80% survival requirement.

6.

If off-site mitigation is proposed, a narrative description of why mitigation cannot be completed on-site. Off-site mitigation must be within the same stream basin as the proposed impact unless the applicant provides evidence that there are no properties within the stream basin that are available for purchase and/or could provide the opportunity to offset the project's unavoidable impacts. Off-site mitigation must be within unincorporated Washington County, must be comprised of lands that are not otherwise protected from development, and must be protected in perpetuity.

422-11.3

Detailed Environmental Report: Approval Criteria

The applicant's Detailed Environmental Report shall demonstrate that:

A.

The proposed development will avoid or minimize impacts to ecological functions and loss of habitat to the extent practicable and that the proposed development will be located, designed, and constructed to minimize grading, removal of native vegetation, disturbance and removal of native soils, adverse hydrological impacts on water resources, and impacts on wildlife corridors through the use of the best management practices and habitat-friendly development practices.

B.

For impacts that cannot be avoided or minimized, the proposal mitigates impacts from the proposed development. The mitigation plan shall demonstrate that it adequately compensates for and offsets the detrimental impacts to ecological functions provided by Significant Habitat, after taking into consideration the applicant's efforts to minimize such detrimental impacts.

C.

The mitigation maintenance and monitoring plan provided is sufficient to ensure the success of the planting as required by the standards. Compliance with the plan shall be a condition of development approval.

422-11.4

Financial Guarantee

A financial guarantee in the form of an instrument approved by the County, shall be submitted to the County before building permits are issued, or when no building permit is required, before development within the Significant Habitat boundary commences. It shall be in an amount adequate to cover 120% of the cost of performing the mitigation. The County will release the guarantee at the end of the two-year monitoring period, or before, if it determines that the trees and shrubs have been successfully established.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-12

Preliminary Habitat Resources Map Modifications within the UGB

422-12.1

An applicant may request a Preliminary Map Modification (preliminary approval for modification of the County-adopted mapped location of a resource) using one or more of the methodologies detailed in Table 422-12.1 below. The Washington County Natural Resources Inventory adopted into Volume IA of the Resource Document shall be used to identify the type(s) of Significant Habitat on the property. Preliminary Map Modification requests made pursuant to this Section may be made in conjunction with another development application or as a standalone application, as applicable. Applications for a standalone map modification request under Issue D., below, shall be processed as a Type II review. All others shall be a Type I review.

With preliminary approval, development may proceed consistent with the revised boundary except where otherwise precluded by State law. The County will conduct a legislative update of the Significant Natural Resource Maps to finalize authorized modification requests on a periodic basis. Where state law does not allow for buildings on land mapped in the comprehensive plan for protection of natural resources, an application involving buildings or parts thereof within such areas cannot proceed until the legislative map update is completed, even if the Preliminary Map Modification has been granted.

TABLE 422-12.1: PRELIMINARY MAP MODIFICATION ISSUES AND METHODOLOGIES

422-12.2

A Preliminary Map Modification request to address Map Modification Issue D in Table 422-12.1, above, may be submitted consistent with this section.

A.

Submittal Requirements:

A report prepared and signed by a Qualified Natural Resource Professional that includes:

1.

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;

2.

A detailed description of the requested modification and the reasons for the request;

3.

The following information, if it is relevant to the verification of habitat location on the subject lot or parcel:

a.

Information described in Table 422-12.1;

b.

Aerial photographs, including documentation of the date and process used to take the photos and an expert's interpretation of the additional information they provide;

c.

A map showing the topography of the property shown by 2-foot vertical contours in areas of slopes less than 15%, and at 5-foot vertical contours of slopes 15% or greater; and

4.

Any additional information necessary to address the approval criteria in Subsection B.

B.

Approval Criteria:

A modification of the boundary or classification of a resource under this section shall only be approved if the applicant demonstrates that the location and/or attributes of the inventoried habitat on the site as described in the Washington County Natural Resources Inventory are inaccurate and that natural resources meeting the criteria for inclusion in the County's adopted Natural Resources Inventory were not present as of the following dates:

1.

For pre-2006 habitat, December 5, 2024.

2.

For post-2005 habitat, the effective date of the ordinance adopted by the Metro Council to bring the subject property within the Metro UGB.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-13

Standards Applicable to Open Space and Significant Natural Areas Inside the UGB

422-13.1

Open Space identified in a community plan is subject to the following standards:

A.

Shall be identified as provided in Section 404-1, Master Planning - Site Analysis;

B.

When located in a park-deficient area as identified on the SNR Maps, the applicant shall notify the appropriate park provider of the proposed development.

422-13.2

Any development requiring a permit from Washington County which is proposed in a Significant Natural Area, as identified on the SNR Maps, shall provide:

A.

Screening and buffering landscaping that meets or exceeds that required by Section 411-6.3, located between the identified significant features and the proposed use on the site; and

B.

A 20-foot setback from the identified significant features to proposed improvements.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-14—422-19

Reserved for future use

422-20

Intent and Purpose of Significant Natural Resource Standards Outside the UGB

The intent and purpose of these standards is to permit limited and safe development in areas with significant natural resources, while providing for the identification, protection, enhancement and perpetuation of natural sites, features, objects and organisms within the county, here identified as important for their uniqueness, psychological or scientific value, fish and wildlife habitat, educational opportunities or ecological role.

Development within riparian areas, Water Areas and Wetlands, or Water Areas and Wetlands and Fish and Wildlife Habitat shall comply with applicable state and federal regulatory guidelines.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-21

Lands Subject to this Section

Those areas identified in the Rural/Natural Resource Plan as Significant Natural Resources.

For areas outside the UGB, Significant Natural Resources have been classified by the following categories:

422-21.1

Water Areas and Wetlands. 100-year floodplain, drainage hazard areas and ponds, except those already developed.

422-21.2

Water Areas and Wetlands and Fish and Wildlife Habitat. Water areas and wetlands that are also fish and wildlife habitat.

422-21.3

Wildlife Habitat. Sensitive habitats identified by the Oregon Department of Fish and Wildlife, the Audubon Society Urban Wildlife Habitat Map, and forested areas coincidental with water areas and wetlands.

422-21.4

Significant Natural Areas. Sites of special importance, in their natural condition, for their ecological, scientific, and educational value.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

422-22

Criteria for Development

422-22.1

The required master plan and site analysis for a site which includes an identified natural resource shall:

A.

Identify the location of the natural resource(s), except in areas where a Goal 5 analysis has been completed and a program decision adopted pursuant to OAR 660, Division 23 (effective September 1, 1996);

B.

Describe the treatment or proposed alteration, if any. Any alteration proposed pursuant to this subsection shall be consistent with the program decision for the subject natural resource; and

C.

Apply the design elements of the applicable implementing strategies of the Rural/Natural Resource Plan, Policy 10, Implementing Strategy E which states:

"Implement the recommendations of the Oregon Department of Fish and Wildlife Habitat Protection Plan for Washington County and to mitigate the effects of development in the Big Game Range within the EFU, EFC and AF-20 land use designations."

422-22.2

Development within a Riparian Corridor, Water Areas and Wetlands, and Water Areas and Wetlands and Fish and Wildlife Habitat Outside the UGB:

A.

No new or expanded alteration of the vegetation or terrain of the riparian corridor (as defined in Section 106) or a significant water area or wetland (as identified in the Rural/Natural Resource Plan) shall be allowed except for the following:

1.

Crossings for streets, roads or other public transportation facilities.

2.

Construction or reconstruction of streets, roads or other public transportation facilities.

3.

Installation or construction of the following utilities: sewer and water lines, electric, communication and signal lines; and gas distribution and transmission lines.

4.

Wildlife viewing areas and recreation or nature trails.

5.

Bank maintenance, restoration or stabilization, including riprapping for erosion control, of a river or other watercourse or body of water provided there is compliance with the requirements of Section 421-4.6. This use is not subject to Section 422-22.4 or Section 422-22.5.

6.

Detached dwellings and accessory structures on a lot of record, provided there is insufficient suitable, existing buildable land area to permit construction outside the riparian corridor, as defined in Section 106, or a significant water area or wetland (as identified in the Rural/Natural Resource Plan) and all required local, state or federal permits are obtained.

7.

Where it can be demonstrated, with concurrence of the Clackamas District biologist or other applicable district biologist of the Oregon Department of Fish and Wildlife, that a riparian corridor, Water Areas and Wetlands, or Water Areas and Wetlands and Fish and Wildlife Habitat has been degraded, an enhancement of these areas which conforms to the definition and criteria listed in Section 422-22.3 may be permitted through a Type II procedure.

Enhancement or alteration of a non-degraded portion of these areas is permitted when it is in conjunction with and it is needed to support the enhancement of the degraded area. Where development is proposed that would have negative impacts on these areas it is the County's policy to follow state and federal regulatory guidelines for mitigation proposals.

8.

All activities and uses associated with an expansion or alteration of Barney Reservoir and Henry Hagg Lake/Scoggins Dam; including, but not limited to, impoundment structures, water diversion and transmission facilities, road construction and related land alterations. Such activities and uses may be permitted through a Type III procedure.

9.

The following farm and forest activities:

a.

Propagation or harvesting of timber for personal consumption, provided that the use of a caterpillar tractor, yarder, backhoe, grader or similar heavy mechanized equipment is prohibited;

b.

Commercial forestry activities when in compliance with the Oregon Forest Practices Act and Administrative Rules;

c.

Farming or raising of livestock not utilizing a structure; and

d.

Operations for the exploration for and production of geothermal resources, oil and gas.

10.

All public use airport-related uses and activities allowed pursuant to Section 387-4.

11.

Wetland mitigation, creation, enhancement and restoration within public use airport approach surface areas and airport direct impact boundaries shall be allowed upon demonstration of compliance with the requirements of Section 388-9.

B.

Where development or alteration of the riparian corridor is permitted under the above exceptions, the floodplain and drainage hazard area development criteria shall be followed.

C.

Fencing adjacent to stream buffers or other wildlife habitat areas shall be designed to allow the passage of wildlife. Designs must incorporate openings appropriately sized and spaced to accommodate passage of wildlife common to Washington County (common mammals needing access to streams in Washington County include, but are not limited to, deer, beaver, coyote, muskrat, rabbit, raccoon and skunk).

422-22.3

Enhancement of a degraded riparian corridor, Water Areas and Wetlands, or Water Areas and Wetlands and Fish and Wildlife Habitat permitted by Section 422-22.2.A.7 shall meet the following:

A.

For the purposes of Section 422-22.2.A.7 an enhancement is a modification, as a result of which no later than five years after completion of the project, the quality and/or quantity of the natural habitats is measurably improved in terms of animal and plant species numbers, number of habitat types, and/or amount of area devoted to natural habitat.

B.

Proposal Preparation

In order to determine whether a proposed modification will result in an enhancement, preparation of the proposal, as well as construction and planning work, shall be guided by a professional wildlife biologist or ecologist with experience and credentials in water areas/wetlands and riparian areas enhancement and who has reviewed the sources and their relevant references listed in Section 422-22.3.

C.

Submittal Requirements

1.

The proposal shall include detailed information and mapping of the site, including all of the following subjects:

a.

Hydrology, including 100-year flood and 25-year flow events/surface water flow patterns, and groundwater information, if available;

b.

Substrate(s) and existing rates of sedimentation;

c.

Existing vegetation, including species list and community types, with approximate percent coverage, and all trees 6 inches in diameter or larger;

d.

Animal life census (macrofauna species list), preferably based on mid-April to mid-May field observations, but at least conducted during spring, summer and/or early fall.

2.

The proposal shall include a color photographic record (taken sometime between mid-spring and mid-fall) showing the major portion of the site at sufficient detail to compare with the later transformation.

3.

The proposal shall include a map showing the expected outcome of the proposed enhancement, with detailed description of how this is to be accomplished.

a.

To the maximum feasible extent, the overall design of the site shall minimize parking and human activity directly adjacent to the Significant Natural Resource, and where avoidable shall incorporate special design techniques (e.g., thick or thorny vegetation or fencing) to reduce adverse impacts such as littering and harassment of wildlife and damage to vegetation.

b.

A surrounding vegetation buffer of closely spaced (6 feet to 8 feet) trees and shrubs shall be included within the outer 25 feet of the Significant Natural Resource area unless there are special circumstances or design measures.

c.

All plant materials shall be indicated in terms of number and size. Except for the outer perimeter of the buffer area, all plants shall be of a native species unless agreed to by the Clackamas District biologist or other applicable district biologist of the Oregon Department of Fish and Wildlife.

d.

As many existing native trees over 6 inches in diameter as possible shall be preserved.

e.

Vegetation plantings (e.g., trees and shrubs) which overhang standing water are encouraged. (Native vegetation is preferred.)

f.

Measures for the prevention of undesirable monotypic plant dominance, especially Reed Canary Grass and blackberries, shall be included, such as periodic removal or application of herbicides agreed to by the Clackamas District biologist or other applicable district biologist of the Oregon Department of Fish and Wildlife.

g.

Ponds shall have varying open water depth up to a least 3 feet, unless required by the Oregon Department of Fish and Wildlife, DSL or the USACE, and where the natural grade permits shall have gently sloped shores on at least two sides.

h.

Islands are encouraged to be 2 feet above normal water level, flat-topped, spaced every 0.25 acre of open water, and no smaller than 450 square feet where possible.

i.

Rocks and large tree trunks are encouraged to be placed in water areas.

4.

The proposal shall be submitted by Washington County to the biologist for the Clackamas District or other applicable district biologist of the Oregon Department of Fish and Wildlife for review and comment, as well as to other regulating agencies with jurisdiction to review the proposed enhancement, including the DSL and the USACE.

5.

The proposal shall include arrangement to ensure frequent and regular litter or trash clean-up unless dedicated to an agency or jurisdiction.

6.

As an alternative to the submittal requirements identified above, CWS may provide the applicable USACE or DSL permit and/or a Service Provider Letter which demonstrates compliance.

D.

Follow-up Requirements

1.

The County shall require as a condition of approval that a detailed report by a wildlife biologist or ecologist, with map and color photographs, shall be submitted to the County by the current property owner two years after completion of the modification and again after five years. The reports shall document the current condition of the resource. These two follow-up reports shall be submitted by the County to the biologist for the Clackamas District or other applicable district for review and comment. If the approved enhancement plan has not been completed in five years, the current property owner shall submit plans to the County Department of Land Use & Transportation for rectifying any significant deficiencies. Once approved, the amended plan shall be implemented.

2.

The County may modify or revoke the development permit for the enhancement, or take other necessary enforcement measures to ensure compliance with these standards.

3.

As an alternative to the reporting requirements identified in D.1 and D.2 above, CWS may submit applicable USACE or DSL monitoring reports two years after completion of the modification and again after five years.

422-22.4

Significant Natural Areas Outside the UGB

Any development requiring a permit from Washington County which is proposed in a Significant Natural Area, as identified in the Rural/Natural Resource Plan, shall reduce its impact, to the maximum extent feasible, on the unique or fragile character or features of the Significant Natural Area. Appropriate impact reducing measures shall include:

A.

Provision of additional landscaping or open space; and

B.

Relocation of the proposed site of a building, structure or use on the lot.

422-22.5

Significant Natural Resource Area Outside the UGB - Finding

For any proposed use in a Significant Natural Resource Area, there shall be a finding that the proposed use will not seriously interfere with the preservation of fish and wildlife areas and habitat identified in the Washington County Comprehensive Plan, or how the interference can be mitigated. This section shall not apply in areas where a Goal 5 analysis has been completed and a program decision has been adopted that allows a "conflicting use" to occur pursuant to OAR 660-023-0040(5)(c) (effective September 1, 1996).

422-23

State and Federal Regulatory Guidelines for Areas Outside the UGB

Development within a riparian corridor, Water Areas and Wetlands, or Water Areas and Wetlands and Fish and Wildlife Habitat, shall obtain all required local, state and federal permits.

(Ord. No. 902A, § 2.A.(Exh. 1, § 1.), 11-5-24, eff. 12-5-24)

Editor's note— Ord. No. 902A, § 2.A.(Exh. 1, § 1.), adopted Nov. 5, 2024, effective Dec. 5, 2024, amended Sec. 422 in its entirety, in effect repealing and reenacting said Sec. 422 to read as set out herein. The former 422, §§ 422-1—422-5, pertained to similar subject matter and derived from Ord. No. 833, § 2.A.(Exh. 1, § 6), adopted Aug. 7, 2018, effective Sept. 6, 2018; Ord. No. 858A, § 2.A.(Exh. 1, § 3), adopted Oct. 22, 2019, effective Nov. 28, 2019; Ord. No. 885A, § 2.1.(Exh. 1, § 24.), adopted June 28, 2022, effective July 28, 2022; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), adopted Feb. 7, 2023, effective March 9, 2023.

The provisions of Section 423 are known as performance standards. All uses and activities shall observe these standards in order to achieve the purpose and objectives of this Code. Continued compliance is required and may be required to be demonstrated by the owner, if the Director has reason to believe incidence of noncompliance has occurred.

423-1

Existing Uses

Activities, uses, equipment and processes existing as of the effective date of this Code that do not meet the standards set forth in this Section are subject to the following requirements:

423-1.1

Building expansions or installations of new uses shall conform to the applicable standards of this Section and are subject to the procedures and regulations of the nonconforming use section of this Code.

423-1.2

All uses not otherwise prescribed by this Section shall conform to applicable federal, state, and local laws and regulations.

423-2

New Uses

Development after the effective date of this Code shall observe the following requirements:

423-2.1

When federal, state and local standards apply, the most restrictive shall govern.

423-2.2

Prior to issuance of a development permit or certificate of occupancy, the Director may require:

A.

Evidence that mandatory federal, state and local permits have been or will be obtained.

B.

Information demonstrating that the proposed development complies with applicable standards set forth in this Section. This information may be required as a report of findings prepared by qualified engineers or other technical consultants.

423-3

Measurements

Accurate and representative measurements, as necessary, shall be made according to accepted engineering practice. Measurements shall be made at or anywhere outside the property lines of the property from which an emission is generated.

423-4

Air Quality

All development shall comply with the State Department of Environmental Quality Air Quality Standards.

423-5

Odor

All development shall comply with the State Department of Environmental Quality Standards pertaining to odor.

423-6

Noise

All development shall comply with Chapter 8.24 of the Washington County Code of Ordinances relating to noise control. Documentation required to demonstrate compliance may include analysis from a registered professional acoustical engineer.

(Ord. No. 855, § 2.A.(Exh. 1, § 23), 8-6-19, eff. 11-28-19)

423-7

Vibration

No development shall generate ground vibration which is perceptible by the Director beyond the property line of origin without use of instruments. Ground vibrations caused by motor vehicles, trains, aircraft, or temporary construction work are exempt from strict application of these standards, but good faith efforts to control such vibrations shall be made by the originator.

423-8

Heat and Glare

Heat and glare shall be limited as follows:

423-8.1

Except for exterior lighting, operations producing heat or glare shall be conducted entirely within an enclosed building.

423-8.2

Exterior lighting shall be directed entirely away from adjacent properties.

423-9

Storage

423-9.1

All materials, including wastes, shall be stored and all grounds maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard.

423-9.2

No open storage of materials and equipment shall be permitted unless contained by a site obscuring fence or landscaped screening.

423-9.3

Fencing will be allowed between the required landscaping and use where necessary to protect the property concerned or to protect the public from a dangerous condition subject to the following provisions:

A.

No fence shall be constructed in the required setback from the public road right-of-way.

B.

Fences shall be constructed as required through development review.

C.

Fencing or sight obscuring screening for storage areas must be at least 6 feet, but no more than 10 feet high.

423-9.4

Storage of Hazardous Materials

Developments which store hazardous materials must comply with state standards, OAR 340-063, and the federal standards, 40 CFR Part 262 and 264 and shall demonstrate such compliance. All hazardous materials must be stored above ground. Transport of and disposal of such materials shall be in conformance with all applicable local, state and federal regulations with such compliance demonstrated.

423-10

Drainage and Waste Water

All development shall comply with the state Department of Environmental Quality Water Quality Standards for all runoff, drainage and waste water.

423-11

Adequate Water Supply

All development shall be required to have an adequate water supply. Adequacy shall include:

423-11.1

Adequate supply for the use prior to issuance of a building permit (see Section 501-7.1, Critical Services).

423-11.2

Outside the UGB, when any Special Use of Article IV will require an amount of water in excess of what would normally be used if the property were developed for rural homesites, the following information:

A.

An explanation of how the water will be supplied; and

B.

An explanation of the potential impact of the proposed water system on the surrounding properties.

C.

Approval of a Standard Subdivision outside the UGB proposing a community water supply shall be subject to the provisions of Section 423-11.2 A. and B.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

423-12

Radioactive Materials

The handling and storage of radioactive materials, the discharge of radioactive materials into air or water, and the disposal of radioactive waste in connection with all uses shall be in conformance with all applicable local, state, and federal regulations with such compliance demonstrated.

423-13

Toxic or Noxious Matter

All development shall comply with the state Department of Environmental Quality standards pertaining to omission of toxic or noxious matter and such compliance shall be demonstrated.

423-14

Determination of Violation

Alleged violations of the performance standards set forth in this Section shall be determined and enforced in the following manner:

423-14.1

County Determination:

Where it can be determined by the Director or a state official, the determination shall be so made and an order of compliance requiring correction of the violation within a reasonable time period shall be issued. If necessary to eliminate a violation, the Director shall take or cause to be taken, lawful action as provided for in the Washington County Community Development Code.

423-14.2

Third Party Determination:

Where determination of a violation entails the use of highly skilled personnel or expensive instruments not ordinarily available to the county, and when, in the judgment of the Director, a violation may exist, the Director shall so notify the person who owns or controls the use in question.

423-14.3

Notice:

The notice shall describe the particulars of the alleged violation and state the reasons why the Director believes the violation exists. The notice shall also require a determination of compliance or correction of the alleged violation within a reasonable time limit to be set by the Director. The notice shall further state that if the alleged violation is not corrected, a technical determination based on the performance standards set forth in this Code shall be made by qualified engineers or other technical consultants, and that if a violation as alleged is found, enforcement action shall be taken according to Section 215 of this Code.

423-15

Conflicting Provisions

Where standards set forth in this Section conflict with provisions elsewhere in the law, the more stringent shall govern.

In order to create a lot or parcel in the EFU, EFC, or AF-20 Districts, the following applicable standards shall be met. In addition to the following standards, in the EFU and AF-20 Districts, the applicable requirements of ORS 215 shall be met, and in the EFC District, the applicable requirements of OAR 660-006-0026 shall be met. Findings shall be made for each of the applicable standards.

424-1

Creation of New Lots or Parcels for Farm Use in the EFU and AF-20 Districts

The creation of new lots or parcels for farm use in the EFU and AF-20 Districts may be approved subject to the following standards:

424-1.1

The minimum lot or parcel size shall be 80 acres unless Section 424-1.2 requires the minimum lot area to be greater;

424-1.2

The proposed division of land shall be appropriate for the continuation of the existing commercial agricultural enterprise with the area. Parcels used or to be used for training or stabling facilities shall not be considered appropriate to maintain the existing commercial agricultural enterprise in an area where other types of agriculture occur;

424-1.3

The minimum lot area requirement shall not be reduced through a variance or adjustment request pursuant to Section 435 or any other Code provision; and

424-1.4

The proposed division of land will not seriously interfere with preservation of fish and wildlife areas and habitats identified in the Washington County Comprehensive Plan or how the interference can be mitigated.

(Ord. No. 889A, § 2.C.(Exh. 3, § 1.), 2-7-23, eff. 3-9-23)

424-2

Creation of Forest Related Parcels of at Least 80 Acres in the EFC District

A forest related parcel of 80 acres or more shall be approved subject to the following standards:

424-2.1

A variance or adjustment request to reduce the minimum lot size below 80 acres shall not be permitted.

424-2.2

The proposed parcels shall meet the applicable standards of Section 428.

(Ord. No. 889A, § 2.C.(Exh. 3, § 1.), 2-7-23, eff. 3-9-23)

424-3

Creation of a Parcel for a Nonfarm Dwelling in the EFU and AF-20 Districts

The creation of new lots or parcels for dwellings not in conjunction with farm use (nonfarm dwelling) may be approved subject to the following standards. For tracts that are predominately high-value farmland, address Sections 424-3.1, 3.3 and 3.4. For tracts that are not predominately high-value farmland, address Sections 424-3.2, 3.3 and 3.4.

424-3.1

On land identified as high-value farmland:

A.

The dwelling has been approved through Section 430-85.1 A., B., D., E. and F. (nonfarm detached dwelling unit);

B.

The originating lot or parcel is at least 100 acres; and all of the following:

(1)

Is not stocked to the requirements under ORS 527.610 to 527.770;

(2)

Is composed of at least 95% Class VI through VIII soils;

(3)

Is composed of at least 95% soils not capable of producing 50 cubic feet per acre per year of wood fiber.

(4)

Any new nonfarm lot or parcel will not be smaller than 20 acres and any residual lot or parcel that is not designated as a nonfarm parcel is at least 80 acres.

424-3.2

On land not identified as high-value farmland:

A.

The dwelling has been approved through Section 430-85.1D and 85.2, nonfarm detached dwelling unit;

B.

The originating lot or parcel is at least 82 acres. Any new nonfarm lot or parcel will not be smaller than two acres and any residual lot or parcel that is not designated as a nonfarm parcel is at least 80 acres.

424-3.3

The lot or parcel is created at the time the dwelling is approved.

424-3.4

The Review Authority shall not approve a subdivision or series partition for a nonfarm dwelling. The requirement regarding a series partition applies only to applications for a Land Division submitted after July 1, 1997. For the purposes of this subsection, "series partition" shall have the meaning given that term in ORS 92.305.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

424-4

Creation of a Parcel for a Nonfarm Use (Not Including a Dwelling) in the EFU and AF-20 Districts

424-4.1

The lot or parcel is not larger than the minimum size necessary for the use; and

424-4.2

The parcel is created at the time the use is approved.

424-5

Creation of a Parcel with an Existing Historic Dwelling in the EFU and AF-20 District

To create a parcel with an existing dwelling to be used for historic property:

424-5.1

The dwelling shall be listed on the National Register of Historic Places.

424-5.2

A replacement dwelling to be used in conjunction with farm use may be approved for the vacant parcel at the time the parcel is created if the dwelling has been approved through Subsection 340-4.1 M. or 344-4.1 M., whichever is applicable.

424-5.3

The Review Authority shall not approve the Standard Land Division unless any additional tax imposed for the change in use has been paid.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

424-6

Creation of a Parcel with an Existing Dwelling Used as a Residential Home in the EFU and AF-20 Districts

To create a parcel with an existing dwelling to be used as a residential home:

424-6.1

The dwelling shall be used as a residential home as defined in ORS 197.660; and

424-6.2

Before or concurrent with Standard Partition approval, the dwelling shall be approved through Section 340-5.1 D. or 344-5.1 D., whichever is applicable.

424-6.3

The Review Authority shall not approve the Standard Land Division unless any additional tax imposed for the change in use has been paid.

(Ord. No. 855, § 2.A.(Exh. 1, § 24), 8-6-19, eff. 11-28-19; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

424-7

Creation of a Parcel Less Than 80 Acres in the EFC District

424-7.1

A Standard Land Division creating a parcel of less than 80 acres may be approved only for the following uses:

A.

Aids to navigation and aviation - 342-3.2 A.;

B.

Exploration for geothermal, gas, oil, etc. - 342-3.1 C.;

C.

Firearms training facility - 342-4.1 C.;

D.

Log scaling and weigh stations - 342-3.2 F.;

E.

Parks - 342-3.2 I.;

F.

Permanent logging equipment repair and storage - 342-3.2 J.;

G.

Production of geothermal, gas, oil, etc. - 342-3.1 G.;

H.

Reservoirs and water impoundments - 342-3.2 L.;

I.

DEQ-mandated solid waste disposal site - 342-3.1 I.;

J.

Communication facilities and transmission towers - 342-3.2 M.;

K.

Utility facilities for generating power - 342-3.2 R.;

L.

Water intake facilities and related facilities - 342-3.2 S.;

M.

Campground - 342-4.1 B.;

N.

Cemetery - 342-3.2 B.;

O.

Mining and processing of oil, gas and other subsurface resources - 342-4.1 D.;

P.

Fire station - 342-4.1 H.;

Q.

Permanent facility for the primary processing of forest materials - 342-4.1 E.;

R.

Solid waste disposal site - 342-4.1 I.;

S.

Communication facilities and transmission towers - 342-4.1 J.

424-7.2

For a Standard Land Division pursuant to Section 424-7.1, findings and evidence shall be provided that demonstrate compliance with the following:

A.

The use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agriculture or forest lands;

B.

The use will not significantly increase fire hazard or significantly increase fire suppression costs or significantly increase risks to fire suppression personnel;

C.

The parcel is not larger than the minimum size necessary for the use; and

D.

The applicant shall sign and record in agreement form, in the Department of Assessment & Taxation, Recording Division, a statement that recognizes the rights of adjacent and nearby land owners to conduct forest operations consistent with the Forest Practices Act and Rules.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

424-8

Creation of a Parcel with an Existing Dwelling in the EFC District

A parcel with an existing dwelling may be approved upon findings that:

424-8.1

The parcel is 5 acres or less, except as necessary to recognize physical factors such as roads or streams, in which case the parcel shall be no larger than 10 acres;

424-8.2

The dwelling existed prior to June 1, 1995;

424-8.3

The configuration of the parcels will allow for the establishment of an alternate septic tank drainfield for the existing dwelling;

424-8.4

The remaining parcel (not containing the dwelling) is at least 80 acres; and

424-8.5

Prior to final approval for a dwelling, the applicant records a restrictive covenant that precludes construction of a dwelling on the remaining parcel (80-acre or larger). The restrictive covenant shall be irrevocable, unless the Director finds that the remaining parcel is no longer subject to Statewide Goal 4 (Forest Lands).

424-9

Division of a Lot or Parcel With at least Two Existing Dwellings in the EFC District

Division of a lot or parcel may be approved upon findings that:

424-9.1

At least two dwellings lawfully existed on the lot or parcel prior to November 4, 1993;

424-9.2

Each dwelling complies with the criteria for a replacement dwelling under Section 430-8;

424-9.3

Except for one lot or parcel, each lot or parcel created under this subsection is between two and five acres, limited to the smallest practicable size;

424-9.4

At least one dwelling is located on each lot or parcel created under this subsection; and

424-9.5

The applicant provides evidence that the landowner of a lot or parcel created under this subsection has recorded with the Department of Assessment & Taxation Recording Division a deed restriction prohibiting the future dividing of the subject lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the Department of Assessment & Taxation Recording Division. The release shall be signed by the Review Authority and shall state that the applicable comprehensive plan or land use regulations have been changed so that the lot or parcel is no longer subject to Statewide Goal 4 (Forest Lands), or unless the Land Division is subsequently authorized by law or by a change in Statewide Goal 4 (Forest Lands).

424-9.6

A lot or parcel may not be divided under this subsection if approval of an existing dwelling on the lot or parcel specified that the dwelling could not be partitioned from the parent lot; or where eventual removal of the dwelling is required (e.g., temporary dwellings).

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

424-10

Division of Land for Public Parks or Open Space in the EFC District

A proposed division of land in a forest zone to create two parcels may be approved if the proposed division of land is for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase one of the resulting parcels.

424-10.1

A parcel created by the Standard Land Division that is not sold to a provider of public parks or open space or to a not-for-profit land conservation organization must comply with the following:

A.

If the parcel contains a dwelling or another use allowed under ORS 215, the parcel must be large enough to support continued residential use or other allowed use of the parcel; or

B.

If the parcel does not contain a dwelling, the parcel is eligible for siting a dwelling as may be authorized under ORS 195.120 or as may be authorized under ORS 215.705 to 215.750, based on the size and configuration of the parcel.

424-10.2

Before approving a proposed division of land under this section, a condition of approval shall be required that the provider of public parks or open space, or the not-for-profit land conservation organization record an irrevocable deed restriction prohibiting the provider or organization and their successors in interest from:

A.

Establishing a dwelling on the parcel or developing the parcel for any use not authorized in a forest zone except park or conservation uses; and

B.

Pursuing a cause of action or claim of relief alleging an injury from farming or forest practices for which a claim or action is not allowed under ORS 30.936 or 30.937.

424-10.3

If a proposed division of land under Section 424-10 results in the disqualification of a parcel for a special assessment described in ORS 308A.718 or the withdrawal of a parcel from designation as riparian habitat under ORS 308A.365, the owner must pay additional taxes as provided under ORS 308A.371 or 308A.700 to 308A.733 before the county may approve the division.

424-11

Division of a Lot or Parcel Split by an Urban Growth Boundary in the EFU, AF-20 and EFC Districts

424-11.1

A division of a lawfully established unit of land may occur along an Urban Growth Boundary (UGB) where the parcel remaining outside the UGB is zoned for either agricultural or forest use and is smaller than the minimum parcel size, provided that:

A.

If the parcel contains a dwelling, the parcel must be large enough to support continued residential use. A Standard Land Division that results in a lot or parcel less than two acres shall provide:

(1)

Documentation from the Department of Health & Human Services or the Department of Environmental Quality that property(ies) less than two acres in size can accommodate a subsurface sewage disposal system and/or replacement system; and

(2)

Documentation from the Water Master that property(ies) less than two acres in size can accommodate public water or an on-site water source.

B.

If the parcel does not contain a dwelling, it:

(1)

Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;

(2)

May not be considered in approving or denying an application for any other dwelling;

(3)

May not be considered in approving a redesignation or rezoning of agricultural or forest lands, except to allow a public park, open space or other natural resource use; and

(4)

The owner of the parcel shall record an irrevocable deed restriction in the Department of Assessment & Taxation Recording Division prohibiting the owner and all successors in interest from pursuing a cause of action or claim of relief alleging injury from farming or forest practices for which a claim or action is not allowed under ORS 30.936 or 30.937.

(Ord. No. 809, § 2.E.(Exh. 5, § 3), 8-16-16, eff. 9-15-16; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

424-12

Prohibited Uses

424-12.1

The County governing body or its designate may not approve a Standard Land Division or property line adjustment of a lot or parcel that separates a temporary hardship dwelling, relative farm help dwelling, home occupation or processing facility from the parcel on which the primary residential or other primary use exists.

424-12.2

The County governing body or its designate may not approve a Standard Land Division of a lot or parcel created before January 1, 1993, on which a nonfarm dwelling was approved pursuant to ORS 215.284(1).

(Ord. No. 809, § 2.E.(Exh. 5, § 3), 8-16-16, eff. 9-15-16; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

425-1

Parcel Size Criteria

425-1.1

Lands to be designated marginal must meet one of the following:

A.

At least 50% of the proposed marginal land, plus the lots or parcels at least partially located within one-quarter mile of the perimeter of the proposed marginal land consists of lots or parcels 30 acres or less in size on July 1, 1983; or

B.

Is located within an area not less than 240 acres of which at least 60% is composed of lots or parcels that are 20 acres or less in size on July 1, 1983; or

C.

The proposed marginal land is composed predominantly of soils in capability classes V through VIII in the Agricultural Capability Classification System in use by the United States Department of Agriculture Soil Conservation Service on the effective date of SB 237, 1983 Oregon Laws, and is not capable of producing 50 cubic feet of merchantable timber per acre per year in those counties east of the summit of the Cascade Range and 85 cubic feet of merchantable timber per acre per year in those counties west of the summit of the Cascade Range, as that term is defined in ORS 477.001(21).

425-1.2

For the purposes of Section 425-1.1 A. and 425-1.1 B.:

A.

Lots or parcels located within an urban growth boundary adopted by a city or by the Metropolitan Service District shall not be included in the calculation; and

B.

Only one lot or parcel exists if:

(1)

A lot or parcel included in this area as defined in Section 425-1.1 A. is adjacent to one or more such lots or parcels;

(2)

On July 1, 1983, greater than possessory interests are held in those adjacent lots or parcels by the same person, parents, children, sisters, brothers or spouses, separately or in tenancy in common; and

(3)

The interests are held by relatives described in Section 425-1.2 B. (2) above, and one relative held the interest in the adjacent lots or parcels before transfer to another relative.

C.

For the purposes of Section 425-1.2 B.:

(1)

Lots or parcels are not adjacent if they are separated by a public road; and

(2)

Lot and parcel have the meanings given those terms in ORS 92.010.

425-1.3

Lots or parcels for the purposes of Section 425-1.1 B. shall not be included in the calculation of the 240 acres if they are within an area for which the county has adopted an exception.

425-2

Management Criteria (Income Test)

If the land meets the criteria of 425-1, land may be designated as marginal when it has not been managed during three of five calendar years before January 1, 1983 (1978 through 1982), as part of:

425-2.1

A farm operation that produced $20,000 or more in annual gross income; or

425-2.2

A forest operation capable of producing an average over the growth cycle of $10,000 in annual gross income.

425-2.3

Evidence required to determine compliance with the farm operation income requirements above may include the following:

A.

An affidavit signed by the person generating the farm income, certifying that the income requirements have been met;

B.

Federal income tax returns; or

C.

Sales receipts of products sold from the property or other information as may be necessary to prove income.

The county may, in any event, rely on statistical information compiled by the Oregon State University Extension Service, the Oregon Department of Forestry or other objective criteria to calculate income during the years 1978 through 1982.

425-3

Detached Dwelling

A detached dwelling (one) may be permitted on land designated Marginal, on any size lot or parcel, if the lot or parcel was created prior to July 1, 1983 - Section 344-9 (Marginal Lands).

425-4

Parcels within the Quarter-Mile Test Area

Notwithstanding the fact that only a certain amount of land is proposed to be designated marginal for the purposes of establishing the test area of 425-1, any lot or parcel that is within the test area and meets the income test set out in 425-2 may be designated as marginal land.

425-5

Notification

In addition to the notification required by Article II, Notice shall be sent to:

425-5.1

All property owners of record whose parcels are at least partially located within the one-quarter mile of the proposed marginal land parcel, when the parcels have been used to determine eligibility through Section 425-1.1 A., as well as all property owners of record within 500 feet of the perimeter of the designated quarter mile boundary, or

425-5.2

All property owners within 500 feet of the perimeter of the designated 240 acres when the parcels have been used to determine eligibility through Section 425-1.1 B.

425-6

Notation of Marginal Land Designation Approval

425-6.1

The Director designate shall make a notation on the Land Use Maps used by the Department of Land Use & Transportation which reads either MGL-A (approved) or MGL-D (denied) as appropriate.

425-6.2

All MGL-A notations shall be made known to the Department of Assessment & Taxation for their use.

425-6.3

The Director shall keep a master list of all MGL-A notations for use of the Department of Land Use & Transportation and for purposes of the state reporting requirements.

426-1

Purpose and Intent

This section is intended to implement the administrative rules of the Oregon Department of Environmental Quality mandating erosion control measures in the Tualatin River and Oswego Lake sub-basins which are to be applied during construction to control and limit soil erosion. These standards are to be applied only during construction to control and limit soil erosion.

426-2

Applicability

426-2.1

Notwithstanding any other provision of this Code, compliance with the following provisions shall be required of all land development, as defined below.

426-2.2

The following subsections shall apply to any new land development within the Tualatin River and Oswego Lake sub-basins, except those developments with application dates prior to January 1, 1990. The application date shall be the date on which a complete application for development approval is received by Washington County in accordance with the provisions of Article II.

426-3

Definitions

426-3.1

Erosion Control Plan. Shall be a plan containing a list of best management practices to be applied during construction to control and limit soil erosion. Erosion control plans shall be prepared in conformance with the Washington County Erosion Control Plans Technical Guidance Book, January 1991, or its successor.

426-3.2

Land Development. Refers to any human induced change to improved or unimproved real estate, including but not limited to construction, installation or expansion of a building or other structure, Land Division, drilling, and site alteration such as that due to land surface mining, dredging, grading, construction of earthen berms, paving, improvements for use as parking or storage, excavation or clearing.

426-3.3

Public Works Project. Means any land development conducted or financed by a local, state or federal governmental body.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

426-4

Erosion Control Plan

No preliminary plat, site plan, development permit, building permit or public works project shall be approved unless the conditions of the plat, permit or plan approval include an erosion control plan containing methods and/or interim facilities to be constructed or used concurrently with land development and to be operated during construction to control the discharge of sediment in the stormwater runoff. The erosion control plan shall be prepared in conformance with the Washington County Erosion Control Plans Technical Guidance Book, January 1991, or its successor.

426-5

Review

426-5.1

The erosion control plan shall be reviewed in conjunction with the requested development approval. If the development necessitating an erosion control plan is exempted by Section 201-2 from the requirement to obtain a development permit, the approval of the erosion control plan shall be a Type I approval.

426-5.2

The Department may defer submittal of an erosion control plan for a Land Division if no construction or physical change to the land is to be commenced and the Land Division would not otherwise interfere with future compliance with this section. Approval shall be conditioned to require an approved erosion control plan prior to any physical change or construction.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

426-6

Compliance

Failure to obtain or implement an approved erosion control plan shall be deemed a violation of this ordinance and may be enforced by citation or revocation of the relevant permit. Compliance with this section is required in addition to, and not in lieu of, Section 410, Grading and Drainage.

427-1

Intent and Purpose

The purpose of this Section is to provide and protect property rights to solar access for urban Single Detached Dwelling Units. Section 427 does not apply to Middle Housing.

A.

The purpose of the Solar Access Standard for New Development, Section 427-3, is to ensure that land is developed so that structures can be oriented to maximize solar access and to minimize shade on adjoining properties from structures and trees.

B.

The purpose of the Solar Balance Point Standard, Section 427-4, is to promote the use of solar energy, to minimize shading of structures by structures and accessory structures, and, where applicable, to minimize shading of structures by trees. Decisions related to Section 427-4 are to be administered at the time of issuance of a building permit.

C.

The purpose of the Solar Access Permit Standard, Section 427-5, is to protect solar access to solar features on lots designated or used for a Single Detached Dwelling Unit or a manufactured dwelling under certain circumstances. It authorizes owners of such lots to apply for a permit that, if granted, prohibits solar features from being shaded by certain future trees and hedges on and off the applicant's site.

(Ord. No. 885A, § 2.1.(Exh. 1, § 25.), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

427-2

As used in this Section, the words below have the following meaning:

427-2.1

Crown Cover. The area within the drip line or perimeter of the foliage of a tree.

427-2.2

Development. Any Standard Partition, Standard Subdivision or planned development that is created under the County's Standard Land Division or development regulations.

427-2.3

Exempt tree or vegetation. The full height and breadth of vegetation that is:

A.

A species of deciduous tree identified by the Director as solar friendly. Solar friendly trees are certain types of deciduous trees which cast very little shade in the winter; or

B.

Any vegetation which is identified as exempt on a plat, a document or site plan recorded with a plat, or a Solar Access Permit.

427-2.4

Front lot line. For purposes of the solar access regulations, a lot line abutting a street. For corner lots the front lot line is that with the narrowest frontage. When the lot line abutting a street is curved, the front lot line is the chord or straight line connecting the ends of the curve. For a flag lot, the front lot line is the lot line adjoining the pole portion of the lot, excluding the unbuildable portion of the pole, which is parallel to the front of the dwelling (see Figure 1).

427-2.5

Nonexempt tree or vegetation. Vegetation or trees that are not exempt. Solar unfriendly trees and vegetation are trees and vegetation which cast sufficient shade to affect the performance of a solar feature.

427-2.6

Northern lot line. The lot line that is the smallest angle from a line drawn east-west and intersecting the northernmost point of the lot, excluding the pole portion of a flag lot. If the north line adjoins an undevelopable area other than a required yard area, the northern lot line shall be at the north edge of such undevelopable area. If two lot lines have an identical angle relative to a line drawn east-west, or if the northern lot line is less than 35 feet long, the northern lot line shall be a line 35 feet in length within the lot parallel with and at a maximum distance from the front lot line (see Figure 2).

427-2.7

North-south dimension. The length of a line beginning at the midpoint of the northern lot line and extending in a southerly direction perpendicular to the northern lot line until it reaches a property boundary (see Figure 3).

427-2.8

Protected solar building line. A line on a plat or map recorded with the plat that identifies the location on a lot where the area two feet above grade may not be shaded by structures or nonexempt trees (see Figure 10).

427-2.9

Shade. A shadow cast by the shade point of a structure or vegetation when the sun is at an altitude of 21.3 degrees and an azimuth ranging from 22.7 degrees east and west of true south.

427-2.10

Shade point. The part of a structure or nonexempt tree that casts the longest shadow onto the adjacent northern lot(s) when the sun is at an altitude of 21.3 degrees and an azimuth ranging from 22.7 degrees east and west of true south; except a shadow caused by a narrow object such as a mast or whip antenna, a dish antenna with a diameter of 3 feet or less, a chimney, utility pole, or wire.

The height of the shade point shall be measured from the shade point to either the average elevation at the front lot line or the elevation at the midpoint of the front lot line. If the shade point is located at the north end of a ridge line of a structure oriented within 45 degrees of a true north-south line, the shade point height computed according to the preceding sentence may be reduced by 3 feet. If a structure has a roof oriented within 45 degrees of a true east-west line with a pitch that is flatter than 5 feet (vertical) in 12 feet (horizontal) the shade point will be the eave of the roof. If such a roof has a pitch that is 5 feet in 12 feet or steeper, the shade point will be the peak of the roof (see Figures 4 and 5).

427-2.11

Shade reduction line. A line drawn parallel to the northern lot line that intersects the shade point (see Figure 6).

427-2.12

Shadow pattern. A graphic representation of an area that would be shaded by the shade point of a structure or vegetation when the sun is at an altitude of 21.3 degrees and an azimuth ranging between 22.7 degrees east and west of true south (see Figure 12).

427-2.13

Solar access height limit. A series of contour lines establishing the maximum permitted height for nonexempt vegetation on lots affected by a solar access permit (see Figure 11).

427-2.14

Solar access permit. A permit issued by the county that describes the maximum height that nonexempt vegetation is allowed to grow on lots to which a solar access permit applies.

427-2.15

Solar balance point. The location on the lot where a structure would be an equal distance between the locations required by the maximum shade point height standard in Section 427-4.3 and the standard for allowed shade on a solar feature in Section 427-4.6.

427-2.16

Solar feature. A device or combination of devices or elements that does or will use direct sunlight as a source of energy for such purposes as heating or cooling of a structure, heating or pumping of water, and generating electricity.

Examples of a solar feature include a window or windows that contain(s) at least 20 square feet of glazing oriented within 45 degrees east and west of true south, a solar greenhouse, or a solar hot water heater. A solar feature may be used for purposes in addition to collecting solar energy, including but not limited to serving as a structural member or part of a roof, wall, or window. A south-facing wall without windows and without other features that use solar energy is not a solar feature for purposes of Section 427.

427-2.17

Solar gain line. A line parallel to the northern property line(s) of the lot(s) south of and adjoining a given lot, including lots separated by a street, that intersects the solar feature on that lot (see Figure 7).

427-2.18

South or south facing. True south, or 20 degrees east of magnetic south.

427-2.19

Space. A plot of land within a manufactured dwelling park designed to accommodate one manufactured dwelling.

427-2.20

Sun Chart. One or more photographs that plot the position of the sun between 10:30 a.m. and 1:30 p.m. on January 21, prepared pursuant to guidelines issued by the Director. The sun chart shall show the southern skyline through a transparent grid on which is imposed solar altitude for a 45 degree and 30 minute northern latitude in 10-degree increments and solar azimuth from true south in 15 degree increments.

427-2.21

Undevelopable area. An area that cannot be used practicably for a habitable structure because of:

A.

Natural conditions, such as slopes exceeding 20% in a direction greater than 45 degrees east or west of true south, severe topographic relief, water bodies, or conditions that isolate one portion of a property from another portion so that access is not practicable to the unbuildable portion;

B.

Man-made conditions, such as existing development which isolates a portion of the site and prevents its further development;

C.

Setback or development restrictions that prohibit development of a given area of a lot by law or private agreement; or

D.

Existence or absence of easements or access rights that prevent development of a given area.

(Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

427-3

Solar Access Standard for New Development

427-3.1

Applicability

The solar design standard in Section 427-3.2 shall apply to the following development applications, except to the extent the Review Authority finds that the applicant has shown one or more of the conditions listed in Sections 427-3.3 and 427-3.4 exist, and exemptions or adjustments provided for therein are warranted.

A.

Development applications to create lots or parcels for Single Detached Dwelling Units or manufactured dwellings in any urban residential district through a Standard Partition or Standard Subdivision application; and

B.

Development applications for a manufactured dwelling park in any urban residential district.

427-3.2

Solar Design Standard

A.

Requirements for New Lots or Parcels

At least 80% of the lots or parcels in a development subject to Section 427 shall comply with one or more of the alternatives listed in Section 427-3.2, provided, a development may, but is not required to, use the alternatives listed in Sections 427-3.2 A. (2) or 427-3.2 A. (3) to comply with Section 427-3.

(1)

Basic Requirement (see Figure 9). A lot or parcel complies with Section 427-3.2 if it:

(a)

Has a north-south dimension of 90 feet or more; and

(b)

Has a front lot line that is oriented within 30 degrees of a true east-west axis.

(2)

Protected Solar Building Line Alternative (see Figure 10): In this alternative, a lot or parcel complies with Section 427-3.2 if a solar building line is used to protect solar access in the following manner:

(a)

A protected solar building line is designated on the plat or in documents recorded with the plat;

(b)

The protected solar building line is oriented within 30 degrees of a true east-west axis;

(c)

There is at least 70 feet between the protected solar building line and the middle of the north-south dimension of the lot or parcel to the south, measured along a line perpendicular to the protected solar building line; and

(d)

There is at least 45 feet between the protected solar building line and the northern edge of the buildable area of the lot or parcel, or habitable structures are situated so that at least 80% of their south-facing wall will not be shaded by structures or nonexempt vegetation.

(3)

Performance Alternative: In this alternative, a lot or parcel complies with Section 427-3.2 if:

(a)

Habitable structures built on the lot or parcel will have their long axis oriented within 30 degrees of a true east-west axis, and at least 80% of their ground floor south wall(s) will be protected from shade by structures and nonexempt trees using appropriate deed restrictions; or

(b)

Habitable structures built on the lot or parcel will orient at least 32% of their glazing and at least 500 square feet of their roof area to face within 30 degrees east or west of true south, and that glazing and roof area are protected from shade by structures and nonexempt trees using appropriate deed restrictions.

B.

Requirement for Manufactured Dwelling Parks

At least 80% of the manufactured dwellings in a manufactured dwelling park subject to Section 427 shall be oriented with their long axis within 30 degrees of east-west.

427-3.3

Exemptions from the Solar Design Standard

A development is exempt from Section 427-3.2 if the Review Authority finds the applicant has shown that one or more of the following criteria are applicable to the site. A development is partially exempt from Section 427-3.2 to the extent the Review Authority finds the applicant has shown that one or more of the following criteria are applicable to a corresponding portion of the site. If a partial exemption is granted for a given development, the remainder of the development shall comply with Section 427-3.2.

A.

Slopes:

The site, or a portion of the site for which the exemption is sought, is sloped 20% or more in a direction greater than 45 degrees east or west of true south, based on a topographic survey by a licensed professional land surveyor or USGS or other officially recognized topographic information.

B.

Off-site shade:

The site, or a portion of the site for which the exemption is sought, is within the shadow pattern of off-site features which will remain after development of the off-site property subject to compliance with one of the following criteria. Off-site features include but are not limited to structures, topography or nonexempt vegetation.

(1)

Shade from an existing or an approved off-site single-family dwelling or manufactured dwelling in an urban residential district is assumed to remain after development of the site.

(2)

Shade from off-site structures other than those listed in (1) above, is assumed to be the shadow pattern of the existing or approved development thereon or the shadow pattern that would result from the largest structure allowed at the closest setback on adjoining land, whether or not that structure now exists.

(3)

Shade from off-site vegetation is assumed to remain after development of the site if:

(a)

The trees that cause the shade are situated in a required setback or they are part of a developed area, public park, or legally reserved open space;

(b)

The trees are in or separated from the developable remainder of a parcel by an undevelopable area or feature; or

(c)

The trees are part of landscaping required by this Code, a community plan or a prior development action.

(4)

Shade from topographic features is assumed to remain after development of the site.

(5)

Shade from other off-site sources is assumed to be shade that exists or that will be cast by development for which applicable permits have been approved on or before the date an application for the development is submitted.

C.

On-site shade:

The site, or a portion of the site for which the exemption is requested, is:

(1)

Within the shadow pattern of on-site features, including but not limited to structures and topography which will remain after the development occurs; or

(2)

Contains nonexempt trees at least 30 feet tall and more than 6 inches in diameter measured 4 feet above the ground which have a crown cover over at least 80% of the site, or the relevant portion. The applicant can demonstrate such crown cover exists using a scaled survey or an aerial photograph.

If granted, the exemption shall be approved subject to the condition that the applicant preserve at least 50% of the crown cover that causes the shade that warrants the exemption. The applicant shall file a note on the plat or other documents in the Department of Assessment & Taxation Recording Division binding the applicant to comply with this requirement. The county shall be made a party to any covenant or restriction created to enforce any provision of this requirement. The covenant or restriction shall not be amended without written county approval.

D.

Completion of a phased Standard Subdivision which has received preliminary plat approval or a phased manufactured dwelling park which has received preliminary development review approval:

The site is part of a phased Standard Subdivision, or manufactured dwelling park none of which was subject to Section 427-3.

427-3.4

Adjustments to the Solar Design Standard:

The Review Authority shall reduce the percentage of lots or spaces that must comply with Section 427-3.2 to the minimum extent necessary if it finds the applicant has demonstrated it would cause or is subject to one or more of the following conditions.

A.

Adverse impacts upon density, cost or amenities:

(1)

If the design standard in Section 427-3.2 A. is applied, either the resulting density is less than that proposed, or on-site site development costs (e.g., grading, water, storm drainage and sanitary systems, and roads) and solar related off-site site development costs (e.g., more extensive utility lines or street improvements are required due to the solar access requirements) are at least 5% more per lot or space than if the standard is not applied.

The following conditions, among others, could constrain the design of a development in such a way that compliance with Section 427-3.2 A. would reduce density or increase per lot costs as previously described. The applicant shall demonstrate which if any of these or other similar site characteristics apply to a development.

(a)

The portion of the site for which the adjustment is sought has a natural grade that is sloped 10% or more and is oriented greater than 45 degrees east or west of true south based on a topographic survey of the site by a registered professional land surveyor or USGS or other officially recognized topographic information.

(b)

There is a significant natural feature on the site, identified as such in the community plan or this Code, that prevents given streets, lots or spaces from being oriented for solar access, and it will continue to exist after the site is developed.

(c)

Existing road patterns must be continued through the site or must terminate on-site in order to provide adequate circulation, comply with future roadway alignments designated in the Transportation Plan or an adopted study, or to comply with the standards of the Washington County Road Design and Construction Standards in a way that prevents proposed streets, lots or spaces in the development from being oriented for solar access.

(d)

An existing public easement or right-of-way prevents proposed streets, lots or spaces in the development from being oriented for solar access.

(2)

If the design standard in Section 427-3.2 A. applies to a proposed lot(s) or space(s), significant development amenities that would otherwise benefit the lot(s) or space(s) will be lost or impaired. Evidence that a significant diminution in the market value of the lot(s) or space(s) would result from having the lot(s) or space(s) comply with Section 427-3.2 A. is relevant to whether a significant development amenity is lost or impaired.

B.

Impacts from existing shade:

The shadow pattern from nonexempt trees cover at least 80% of the lot or space and at least 50% of the shadow pattern will remain after development of the lot. A scaled survey of nonexempt trees on the site or a current aerial photograph of the site may be used to show the shadow pattern.

(1)

Shade from nonexempt trees is assumed to remain if:

(a)

The trees are situated in a required setback;

(b)

The trees are part of an existing or proposed park, open space, or recreational amenity;

(c)

The trees are separated from the developable remainder of the parcel by an undevelopable area or feature; or

(d)

The trees are part of landscaping required by this Code, a community plan or a prior development action; and

(e)

The trees do not need to be removed for a driveway or other development.

(2)

Also, to the extent the shade is caused by on-site trees or off-site trees on land owned by the applicant, it is assumed to remain if the applicant files a covenant binding the property owner to retain the trees causing the shade on the affected lots or spaces in the Department of Assessment & Taxation Recording Division.

427-3.5

Protection from Future Shade:

Structures and nonexempt vegetation must comply with applicable solar balance point standards on all lots in a development subject to Section 427-3, including lots or spaces for which exemptions or adjustments to Section 427-3.3 have been granted.

The applicant shall file a note on the plat or other documents in the Department of Assessment & Taxation Recording Division binding the applicant and subsequent purchasers to comply with the future shade protection standards in Section 427-3.5. The county shall be made a party of any covenant or restriction created to enforce any provision of Section 427. The covenant or restriction shall not be amended without written county approval.

427-3.6

Application:

An application for approval of a development subject to Section 427-3 shall include:

A.

Maps and text sufficient to show the development complies with the solar design standard of Section 427-3.2, except for lots or spaces for which an exemption or adjustment from Section 427-3.2 is requested, including at least:

(1)

The north-south lot dimension and front lot line orientation of each proposed lot or space.

(2)

Protected solar building lines and relevant building site restrictions, if applicable.

(3)

For the purpose of identifying trees exempt from Section 427-3.5, a map showing existing trees at least 30 feet tall and over 6 inches diameter at a point 4 feet above grade, indicating their height, diameter and species, and stating that they are to be retained and are exempt.

(4)

Copies of all private restrictions relating to solar access.

B.

If an exemption or adjustment to Section 427-3.2 is requested, maps and text sufficient to show that given lots, spaces or areas in the development comply with the standards for such an exemption or adjustment in Section 427-3.3 or 427-3.4, respectively.

(Ord. No. 885A, § 2.1.(Exh. 1), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

427-4

Solar Balance Point Standard

427-4.1

Applicability

A.

The solar balance point requirements of this subsection shall apply to the following structures in all urban residential districts:

(1)

All new single-family dwellings, additions to existing single-family dwellings and structures that are accessory to a single-family dwelling; and

(2)

All new manufactured dwellings, additions to existing manufactured dwellings and structures that are accessory to a manufactured dwelling. However, these standards do not apply to manufactured dwellings in a manufactured dwelling park or a manufactured dwelling approved as a temporary use. In the event a manufactured dwelling that is being used as a temporary use is converted to a permanent residence, the manufactured dwelling shall comply with the requirements of Section 427-4.

B.

The Review Authority may grant an exemption or adjustment to the solar balance point standards if the applicant has demonstrated that one or more of the conditions listed in Section 427-4.4 or Section 427-4.5 exists, and exemptions or adjustments provided for these conditions are warranted.

C.

Nonexempt vegetation planted on lots or parcels subject to the requirements of Section 427-4.5 shall comply with the shade point height standards listed in Section 427-4.3 or Section 427-4.4.

D.

The solar balance point requirements shall be administered through the building permit for the proposed structure.

427-4.2

Solar Site Plan Required

An application for a building permit for a structure that is subject to the solar balance point standards shall include a site plan that shows the following:

A.

The maximum shade point height allowed by Section 427-4.3;

B.

The average elevation of the rear property line if the maximum shade point height is adjusted pursuant to Section 427-4.3 A. (2);

C.

The location of the shade point, its height relative to the average elevation of the front lot line or the elevation at the midpoint of the front lot line, and its orientation relative to true south; and, if applicable,

D.

The solar balance point for the structure as provided in Section 427-4.7.

427-4.3

Maximum Shade Point Height Standard

The height of the shade point shall comply with the requirements of either Section 427-4.3 A. or Section 427-4.3 B.

A.

Basic Requirement

(1)

The height of the shade point shall be less than or equal to the height specified in Table A, or it may be computed using the formula listed in Section 427-4.3 A. (2). However, the maximum allowed height of the shade point may be increased 1 foot above the calculated height for each foot that the average grade at the rear property line exceeds the average grade at the front property line. The height of the shade point shall be measured from the shade point to either the average elevation at the front lot line or the elevation at the mid-point of the front lot line. It may be necessary to interpolate between the 5-foot dimensions listed in Table A to determine the shade height when using Table A.

(2)

Formula to Determine the Height of the Maximum Shade Point

H = (2 x SRL) - N + 150

Where:

B.

Performance Alternative Requirements

The applicant shall comply with one of the following alternative requirements to determine the maximum shade point height standard.

(1)

The proposed structure, or applicable nonexempt vegetation, will shade not more than 20% of the south-facing glazing of habitable structure(s); or

(2)

The proposed structure or nonexempt vegetation shall comply with Section 427-3.2 B. or Section 427-3.2 C., whichever is applicable. For Section 427-3.2 B., nonexempt vegetation and the shade point of structures shall be set back from the protected solar building line 2.5 feet for every 1 foot of height of the structure or of the mature height of nonexempt vegetation over 2 feet in height.

427-4.4

Exemption from the Maximum Shade Point Height Standard

The Review Authority may exempt a proposed structure or nonexempt vegetation from the requirements of Section 427-4.2 and Section 427-4.3 if the applicant demonstrates that one or more of the following conditions exist, based upon site plans or plats, corner elevations or other topographical data, shadow patterns, sun charts or photographs, or other substantial evidence submitted by the applicant.

A.

Pre-existing Shade

The structure or applicable nonexempt vegetation will shade an area that is shaded by one or more of the following:

(1)

An existing or approved structure;

(2)

A topographic feature; or

(3)

A nonexempt tree that will remain after development of the site. It is assumed a tree will remain after development if:

(a)

The tree is situated in a required building setback;

(b)

The tree is part of a developed or landscaped area required by this Code, a community plan or a prior development action;

(c)

The tree is part of a public park or landscape strip, or legally reserved open space;

(d)

The tree is in or separated from the developable remainder of a parcel by an undevelopable area or feature;

(e)

The tree is on the applicant's property and not affected by the development; or

(f)

A restrictive covenant, which requires the preservation of tree(s) creating the shade, has been recorded in the Department of Assessment & Taxation, Recording Division.

B.

Slope

The site has an average slope that exceeds 20% in a direction greater than 45 degrees east or west of true south based on a topographic survey by a licensed professional land surveyor or USGS or other officially recognized topographic information.

C.

Insignificant Benefit

The proposed structure or nonexempt vegetation shades one or more of the following:

(1)

An undevelopable area;

(2)

The wall of an unheated space, such as a garage;

(3)

Less than 20 square feet of south-facing glazing; or

(4)

An undeveloped lot or parcel, other than a lot or parcel that was subject to the Section 427-3, where:

(a)

There are at least four single detached or Townhouse dwellings or at least four manufactured dwellings within the same Standard Subdivision that are within 150 feet of the lot; and

(b)

A majority of the homes identified in Subsection (a) above have an average of less than 20 square feet of south-facing glazing.

D.

Public Improvement

The proposed structure is a publicly owned improvement.

427-4.5

Adjustments to the Maximum Shade Point Height Standard

The Review Authority may increase the maximum shade point height necessitated by one of the following conditions to the extent it finds the applicant has demonstrated that one or more of these conditions exist, based upon site plans or plats, corner elevations or other topographical data, shadow patterns, sun charts or photographs, or other substantial evidence submitted by the applicant.

A.

Physical Conditions

Physical conditions preclude development of the site in a manner that complies with Section 427-4.3, due to such things as a public or private easement, a right of way, a floodplain, a drainage hazard area, a Significant Natural Resource Area, slopes of 20% or more, areas designated to be unbuildable by this Code, a community plan or a prior development action, or a lot size less than 3,000 square feet.

B.

Conflict Between the Maximum Shade Point Height and Allowed Shade on the Solar Feature Standards

A proposed structure may be sited to meet the solar balance point standard described in Section 427-4.7, or be sited as near to the solar balance point as allowed by Section 427-4.7, if:

(1)

When the proposed structure is sited to meet the maximum shade point height, its solar feature will potentially be shaded as determined using Section 427-4.6; and

(2)

The applicant signs and records a form provided by the county which:

(a)

Releases the applicant from complying with Section 427-4.3, and stipulates that the proposed structure may shade an area otherwise protected by Section 427-4.3;

(b)

Releases the county from liability for damages resulting from the adjustment; and

(c)

Is signed by the affected property owner(s) of the properties that would be shaded beyond the requirements of Section 427-4.3.

(3)

Prior to the issuance of a building permit for the proposed structure, the applicant shall record the above prescribed form in the Department of Assessment & Taxation Recording Division, indexed by the properties identified in Section 427-4.5 B. (2)(c).

427-4.6

Analysis of Allowed Shade on Solar Feature

An applicant may, but is not required to, perform the calculations in or comply with the standards of Section 427-4.6 unless the solar balance point for the structure must be calculated as required by Section 427-4.7.

A.

Applicants are encouraged, but are not required, to design and site a proposed habitable structure so the lowest height of any solar feature(s) will not be shaded by buildings or nonexempt trees or hedges located on property to the south. The applicant may use the procedure listed in Sections 427-4.6 B. through 427-4.6 D. to determine if a proposed solar feature will be shaded by off-site shade.

B.

To calculate the shade height at the subject property's north property line, the applicant should determine which of the following alternatives best describes the source of shade on adjacent lots or spaces to the south:

(1)

Existing structure(s) or nonexempt trees or hedges; or

(2)

The maximum shade that can be cast from future buildings or nonexempt trees or hedges, based on Table C. If the lot(s) to the south can be further divided, the north-south dimension is assumed to be the minimum lot width required for a new lot in that district.

C.

The height of the lowest point of any solar feature of the proposed structure is calculated with respect to either the average elevation or the elevation at the midpoint of the front lot line of the lot to the south.

D.

The applicant can determine the height of the shadow that may be cast upon the applicant's solar feature by the source of shade selected in Section 427-4.6 C. by using the following formula or Table B.

E.

If the allowed shade height on the solar feature calculated in Section 427-4.6 D. is higher than the lowest height of the solar feature calculated in Section 427-4.6 C., the applicant shall be encouraged to consider changes to the design of the house or its location which would make it practical to locate the solar feature so that it will not be shaded in the future.

427-4.7

Calculation of the Solar Balance Point

If a structure does not comply with the Maximum Shade Point Height Standard in Section 427-4.3 and the standard for allowed shade on a solar feature in Section 427-4.6, the solar balance point of the lot or parcel shall then be calculated (see Figure 8). The solar balance point is the location on the lot or parcel where a structure would be an equal distance between the locations required by the maximum shade point height standard and the standard for allowed shade on a solar feature.

(Ord. No. 885A, § 2.1.(Exh. 1), 6-28-22, eff. 7-28-22; Ord. No. 890A, § 2.A.(Exh. 1, § 1.), 2-7-23, eff. 3-9-23)

427-5

Solar Access Permit

427-5.1

Applicability

A.

An owner of property that is located in an urban residential district, that is or will be developed with a single-family dwelling or a manufactured dwelling, may apply for a solar access permit for a solar feature to protect it from shade from future trees and hedges. If granted, the permit prohibits solar features from being shaded by certain future trees and hedges on and off the applicant's site. For the purposes of Section 427-5, future trees and hedges means the full height and breadth that this vegetation will reach upon maturity.

B.

Property that is located in an urban residential district and that is or will be developed with a single-family dwelling or a manufactured dwelling, may be subject to the requirements of Section 427-5.3 B., as the result of a solar access permit on adjacent or nearby property.

C.

The standards of Section 427-5 shall be administered through a Type II procedure prior to the issuance of a building permit for the proposed solar feature(s).

427-5.2

Approval Standards for a Solar Access Permit

The Review Authority shall approve an application for a solar access permit if:

A.

The applicant demonstrates that existing trees, hedges or structures on the applicant's property do not shade the proposed solar feature(s); and

B.

The applicant demonstrates the proposed solar feature will not be shaded by existing trees, hedges or structures on adjacent or nearby property.

427-5.3

Duties Created by Solar Access Permit

A.

Upon approval of a solar access permit, the applicant shall:

(1)

Record the solar access permit in the Department of Assessment & Taxation Recording Division, indexed by the properties identified in Section 427-5.4 A. The applicant shall pay all filing and recording fees. The solar access permit shall contain the following information:

(a)

Legal description of the affected properties;

(b)

The solar access height limit; and

(c)

The site plan required by Section 427-5.4 C., with any modifications required by the Review Authority.

(2)

Install the solar feature in a timely manner as provided in Section 427-5.7; and

(3)

Maintain trees and hedges on the site so they do not shade the solar feature.

B.

An owner of property affected by a solar access permit shall be responsible for and pay all costs for keeping nonexempt trees and hedges from exceeding the solar access height limit. Trees or hedges which are identified as exempt on the site plan required by Section 427-5.4 C. trees or hedges an affected property owner shows were in the ground on the date an application for a solar access permit is filed, and solar friendly trees are exempt from the requirements of Section 427-5.

427-5.4

Application Contents

In addition to the requirements of Section 203-3, an application for a solar access permit shall contain the following information:

A.

A legal description of the subject property and all affected properties. For the purposes of Section 427-5, affected properties means all property within 150 feet and 54 degrees east and west of true south measured from the east and west corners, respectively, of the subject property's south property line.

B.

An accurate and to scale site plan of the applicant's property showing:

(1)

Trees and hedges in the ground as of the date of the application that when mature, could shade the solar feature;

(2)

The location of all existing structures; and

(3)

The height, above grade, of the solar feature, its location, and its orientation relative to true south.

C.

An accurate and to scale site plan of the properties described in Section 427-5.4 A. showing:

(1)

The dimensions of the properties;

(2)

The approximate location of all existing structures, trees and hedges on each property that could shade the proposed solar feature on the applicant's property; and

(3)

The requested solar access height limit for each affected lot. The solar access height limit is determined by a series of contour lines which establishes the maximum permitted height for nonexempt trees and hedges on lots impacted by a solar access permit (see Figure 11). The contour lines begin at the bottom edge of the proposed solar feature and rise in 5-foot increments at an angle to the south not less than 21.3 degrees from the horizon and extend not more than 54 degrees east and west of true south.

Notwithstanding the preceding, the solar access height limit at the northern lot line of any lot impacted by a solar access permit shall allow nonexempt trees or hedges on that lot when their mature height will not create more shade on the applicant's property than would be created by a structure that complies with the requirements of Section 427-4.

D.

If available, a statement signed by the owner(s) of all or a portion of the properties to which the permit will apply verifying that:

(1)

The property is or will be developed for a single-family dwelling or a manufactured dwelling; and

(2)

The trees and hedges shown on the site plan submitted pursuant to Section 427-5.4 C. accurately represents trees or hedges in the ground on the property on the date of the application.

(3)

The Department shall provide a form for this purpose.

427-5.5

Application Review Process

A.

An application for a solar access permit shall be reviewed through a Type II procedure.

B.

In addition to the requirements of Section 204-3.2, the public notice sent to the owners of affected property identified in Section 427-5.4 A. shall contain:

(1)

The site plan of the applicant's property required by Section
427-5.4 B.

(2)

The proposed solar access height limits;

(3)

A description of the duties created by the solar access permit; and

(4)

The site plan of the owners' properties required by Section
427-5.4 C., if the owner did not verify the accuracy of the site plan of the owner's property pursuant to Section 427-5.4 D. These property owners shall be asked to:

(a)

Verify the accuracy of the site plan of their property, including the accuracy of nonexempt trees and hedges; and

(b)

Submit written comments during the 14-day comment period describing any inaccuracies in the site plan. If written comments are not received during the comment period, the Review Authority may assume the submitted site plan is accurate.

D.

Upon review of written comments or inspection of the subject property and impacted properties, the Review Authority may modify the site plan(s) of impacted property owners and the solar access permit to be consistent with the additional information.

E.

If the application is approved:

(1)

The Review Authority shall send, with the notice of decision, a copy of the solar access permit and the solar access height limits to the owners of each property impacted by the permit.

(2)

The applicant shall record the following information in the Department of Assessment & Taxation Recording Division with the deeds to the properties impacted by the permit. The solar access permit shall not be effective until this information is recorded.

(a)

The approved solar access permit;

(b)

Associated solar access height limits;

(c)

Legal description of the affected properties; and

(d)

Site plan(s) required by Section 427-5.4 C., with any modifications required by the Review Authority.

427-5.6

Permit Enforcement Process

A.

Enforcement Request

A solar access permittee may request the County to enforce a solar access permit by providing the following information to the Director:

(1)

A copy of the solar access permit and the site plans recorded with the permit;

(2)

A completed complaint form;

(3)

The legal description of the property on which the alleged nonexempt tree or hedge is situated, the address of the owner(s) of that property, and a scaled site plan of the property showing the nonexempt tree or hedge; and

(4)

Evidence that the alleged tree or hedge violates the solar access permit. Evidence may include a sun chart, photograph, shadow pattern, or photographs.

B.

Enforcement Process

If the Director determines the request for enforcement is complete, the Director shall initiate an enforcement action pursuant to Section 215, Code Compliance. However, the Director shall not enforce the requirements of the solar access permit against trees or hedges the owner of which shows were in the ground on the date the application for the solar access permit was filed with the County.

427-5.7

Expiration of a Solar Access Permit

A.

A solar access permit shall automatically expire 180 days from the date of issuance unless one of the following occurs first:

(1)

Development of the protected solar feature has commenced as provided in Section 201-6;

(2)

An application for an extension is filed pursuant to Sections 201-5 and 427-5.8; or

(3)

The permit is revoked as provided for in Section 201-7 or as otherwise invalidated by a body of competent jurisdiction.

B.

If after construction of the solar feature has commenced, construction is suspended or abandoned for a period of 180 days or more, the permit shall automatically expire. A new solar access permit must be obtained before work can begin again.

C.

Upon expiration of a solar access permit, the Director shall record a notice of expiration in the Department of Assessment & Taxation Recording Division with the deeds to the subject site and impacted properties.

427-5.8

Extension of a Solar Access Permit

A.

If an extension is desired, the holder of the solar access permit must file an application for an extension prior to the expiration of the permit pursuant to the requirements of Section 201-5.

B.

An extension may be granted for a maximum of 180 days. No permit shall be extended more than once.

TABLE A - MAXIMUM PERMITTED SHADE POINT HEIGHT (in feet)