1s3e24aa 1600 1000 1100 1200 1500 download(1051753)

PROPERTY DEVELOPMENT PROFILE SUBJECT PARCELS 1S3E24AA01000,1500,1600,1100,1200 Gresham, Oregon Multnomah County

PREPARED BY:

FIRST AMERICAN TITLE 121 SW Morrison St, Ste 300 Portland, OR 97204 OFFICE 503.222.3651

PREPARED FOR: Chris Kelly Berkshire Hathaway Homeservices NW Real Estate 1576 NE 8th Street Gresham, OR 97030

Friday,Decem ber 22,2017 Th an kyo u f o r requestin gth is Pro perty Develo pm en tPro f ilef ro m FirstAm erican Title I n suran ceCo m pan y o fOrego n .Weprideo urselves o n pro vidin gpublic datain a pro f essio n al m an n er to h elp yo u presen taco m preh en siverepo rto n yo ur subj ectpro perty.

Y o u w ill f in din cludedin th is Pro perty Develo pm en tPro f ileth ef o llo w in gin f o rm atio n .

Pleasen o teth atw edo o ur bestto pro videth is in f o rm atio n f o r every pro perty,butat tim es itis n o tavailable.Th is is especially truef o r sparsely po pulatedareas.

1) Site Data –Th is sh o w s vario us pro perty ch aracteristics such as assessed/m ark et values,parcel an dbuildin gsiz e,lan duse,an dim pro vem en ttype.

2) Ownership –Th em o strecen tvestin gdeedcan bef o un dh ere.I faparcel is o w n ed by aco m m ercial en tity,th erem ay beadditio n al in f o rm atio n iden tif yin gth eprin cipal.

3) Aerial 4) Location –Y o u can f in dparcel m aps w ith lo tdim en sio n s an dm aps sh o w in grelatio n o fth esiteto th egreater co m m un ity in th is sectio n .

5) Zoning –Adef in itio n o fth especif ic z o n in gco decan bef o un dh ere,o f ten alo n gw ith az o n in gm ap o fth earea.

6) Transit –Wh en po ssible,in f o rm atio n abo utpublic tran sitaccessibility w ill bepro vided.

7) Natural Features –Th is sectio n m ay in cludein f o rm atio n abo utso il,f lo o dplain s,an d to po graph y.

8) Utilities -I fth eparcel is servedby apublic w ater o r sew er district,basic sk etch es o r co n tacts to th eappro priateauth o rities arelisted.

9) New Home Trends –Up to datein f o rm atio n an dsales f igures o n n ew residen tial pro j ects n ear yo ur site..

Pleasedo n o th esitateto co n tactus regardin gan y o fth ein f o rm atio n in cludedin th is Pro perty Develo pm en tPro f ile.Th o ugh th is is reliabledataassem bledby FirstAm erican Title,itis pro videdby th irdparties an dis n o tguaran teed.

121SW Mo rriso n St.#300 Po rtlan d,Orego n 97201 T el 503.

219.

8746 Fax 503.

790.

7872

Customer Service Department 121 SW Morrison St., Suite 300 Portland, OR 97204 Phone: 503.219.TRIO (8746) Fax: 503.790.7872 Email: cs.portland@firstam.com Date: 12/21/2017

OWNERSHIP INFORMATION Owner: Back & Forth Forever LLC

Parcel #: R168985

Coowner:

Ref Parcel #: 1S3E24AA01000

Site: SE 282nd Ave Gresham 97080

TRS: T: 01S R: 03E S: 24 Q: NE

Mail: 39391 SE Lusted Rd Sandy OR 97055

County: Multnomah

PROPERTY DESCRIPTION

ASSESSMENT AND TAXATION

Map Grid: 629-H6

Market Land: $143,750

Census Tract: 010409 Block: 2027

Market Impr: $0

Neighborhood: Mult Co W Sandy River Area

Market Total: $143,750

School Dist: 10J GRESHAM-BARLOW

% Improved:

Subdiv/Plat: Gillis

Assessed Total: $71,510 (2017)

Impr Type: A Vacant Land

Levy Code: 028

Land Use: VRES VACANT RESIDENTIAL

Tax: $1,282.56 (2017)

Zoning: Multnomah Co.-OR Open Space Recreational

Millage Rate: 17.9353

Watershed: Johnson Creek-Willamette River

GILLIS, BLOCK 6, INC PT OF VAC ST LOT 1&2, Legal: FARM DISQUAL, 2008-2012, 0.19 ACRES, $1,262.10 POTENTIAL ADDITIONAL TAX

PROPERTY CHARACTERISTICS Bedrooms:

Building Area:

Baths, Total: 0.00

Year Built:

First Floor:

Baths, Full:

Eff Year Built:

Second Floor:

Baths, Half:

Lot Size: .38 Acres

Basement Fin:

Total Units:

Basement Unfin:

# Fireplaces:

Attic Fin:

# Stories: 0.00

Lot Size: 16,553 SqFt

Lot Width:

Basement Total:

Cooling: No

Lot Depth:

Roof Material:

Attic Unfin:

Heating:

Roof Shape:

Attic Total:

Ext Walls:

Garage:

Building Style:

SALES AND LOAN INFORMATION Owner

Date

Doc #

TOSHEFF,WILLIAM M II

06/08/17

0000069421

BACK & FORTH FOREVER LLC

11/09/15

0000142810

BACK & FORTH FOREVER LLC BACK & FORTH FOREVER LLC

BACK & FORTH FOREVER LLC

08/05/16

07/31/15

07/11/14

0000096750

0000098693

0000066985

Sale Price

Deed Type

Trust

Trust Trust

Trust

$475,000 Grant

Loan Amt

$595,920

Loan Type

$250,000

$50,000 Const

$100,000 Const

$462,500 Conv/Unk

This title information has been furnished without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report.

Customer Service Department 121 SW Morrison St., Suite 300 Portland, OR 97204 Phone: 503.219.TRIO (8746) Fax: 503.790.7872 Email: cs.portland@firstam.com Date: 12/21/2017

OWNERSHIP INFORMATION Owner: Back & Forth Forever LLC

Parcel #: R168986

Coowner:

Ref Parcel #: 1S3E24AA01500

Site: 28131 N/ SE Orient Dr Gresham 97080

TRS: T: 01S R: 03E S: 24 Q: NE

Mail: 39391 SE Lusted Rd Sandy OR 97055

County: Multnomah

PROPERTY DESCRIPTION

ASSESSMENT AND TAXATION

Map Grid: 629-H6

Market Land: $273,130

Census Tract: 010409 Block: 2027

Market Impr: $0

Neighborhood: Mult Co W Sandy River Area

Market Total: $273,130

School Dist: 10J GRESHAM-BARLOW

% Improved:

Subdiv/Plat: Gillis

Assessed Total: $121,480 (2017)

Impr Type: A Vacant Land

Levy Code: 028

Land Use: RSFR SINGLE FAMILY RESIDENCE

Tax: $2,178.78 (2017)

Zoning: Multnomah Co.-OCI Office Commercial Industrial

Millage Rate: 17.9353

Watershed: Johnson Creek-Willamette River

GILLIS, BLOCK 6, INC PT VAC ST LOT 3-10, FARM Legal: DISQUAL, 2008-2012, 1.39 ACRES, $13,321.95 POTENTIAL ADDITIONAL TAX

PROPERTY CHARACTERISTICS Bedrooms:

Building Area:

Baths, Total: 0.00

Year Built:

First Floor:

Baths, Full:

Eff Year Built:

Second Floor:

Baths, Half:

Lot Size: 1.39 Acres

Basement Fin:

Total Units:

Basement Unfin:

# Fireplaces:

Attic Fin:

# Stories: 0.00

Lot Size: 60,548 SqFt

Lot Width:

Basement Total:

Cooling: No

Lot Depth:

Roof Material:

Attic Unfin:

Heating:

Roof Shape:

Attic Total:

Ext Walls:

Garage:

Building Style:

SALES AND LOAN INFORMATION Owner

Date

Doc #

BACK & FORTH FOREVER LLC

03/20/17

0000033327

BACK & FORTH FOREVER LLC

11/09/15

0000142810

BACK & FORTH FOREVER LLC BACK & FORTH FOREVER LLC

BACK & FORTH FOREVER LLC

08/05/16

07/31/15

07/11/14

0000096750

0000098693

0000066985

Sale Price

Deed Type

Trust

Trust Trust

Trust

$475,000 Grant

Loan Amt

Loan Type

$550,000 Const $250,000

$50,000 Const

$100,000 Const

$462,500 Conv/Unk

This title information has been furnished without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report.

Customer Service Department 121 SW Morrison St., Suite 300 Portland, OR 97204 Phone: 503.219.TRIO (8746) Fax: 503.790.7872 Email: cs.portland@firstam.com Date: 12/21/2017

OWNERSHIP INFORMATION Owner: Back & Forth Forever LLC

Parcel #: R341018

Coowner:

Ref Parcel #: 1S3E24AA01600

Site: SE 282nd Ave Gresham 97080

TRS: T: 01S R: 03E S: 24 Q: NE

Mail: 39391 SE Lusted Rd Sandy OR 97055

County: Multnomah

PROPERTY DESCRIPTION

ASSESSMENT AND TAXATION

Map Grid: 629-H6

Market Land: $546,250

Census Tract: 010409 Block: 2027

Market Impr: $0

Neighborhood: Mult Co W Sandy River Area

Market Total: $546,250

School Dist: 10J GRESHAM-BARLOW

% Improved:

Subdiv/Plat:

Assessed Total: $243,000 (2017)

Impr Type: A Vacant Land

Levy Code: 028

Land Use: RSFR SINGLE FAMILY RESIDENCE

Tax: $4,358.28 (2017)

Zoning: Multnomah Co.-OR Open Space Recreational

Millage Rate: 17.9353

Watershed: Johnson Creek-Willamette River

SECTION 24 1S 3E, TL 1600 2.86 ACRES, FARM Legal: DISQUAL, 2008-2012, 2.86 ACRES, $27,433.48 ADDITIONAL TAX

PROPERTY CHARACTERISTICS Bedrooms:

Building Area:

Baths, Total: 0.00

Year Built:

First Floor:

Baths, Full:

Eff Year Built:

Second Floor:

Baths, Half:

Lot Size: 2.86 Acres

Basement Fin:

Total Units:

Basement Unfin:

# Fireplaces:

Attic Fin:

# Stories: 0.00

Lot Size: 124,582 SqFt

Lot Width:

Basement Total:

Cooling: No

Lot Depth:

Roof Material:

Attic Unfin:

Heating:

Roof Shape:

Attic Total:

Ext Walls:

Garage:

Building Style:

SALES AND LOAN INFORMATION Owner

Date

06/30/14

Doc #

Sale Price

$475,000

Deed Type

Loan Amt

Loan Type

This title information has been furnished without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report.

Customer Service Department 121 SW Morrison St., Suite 300 Portland, OR 97204 Phone: 503.219.TRIO (8746) Fax: 503.790.7872 Email: cs.portland@firstam.com Date: 12/21/2017

OWNERSHIP INFORMATION Owner: Back & Forth Forever LLC

Parcel #: R341024

Coowner:

Ref Parcel #: 1S3E24AA01100

Site: 28131 Wi/ SE Orient Dr Gresham 97080

TRS: T: 01S R: 03E S: 24 Q: NE

Mail: 39391 SE Lusted Rd Sandy OR 97055

County: Multnomah

PROPERTY DESCRIPTION

ASSESSMENT AND TAXATION

Map Grid: 629-H6

Market Land: $50,720

Census Tract: 010409 Block: 2027

Market Impr: $0

Neighborhood: Mult Co W Sandy River Area

Market Total: $50,720

School Dist: 10J GRESHAM-BARLOW

% Improved:

Subdiv/Plat:

Assessed Total: $21,020 (2017)

Impr Type: A Vacant Land

Levy Code: 028

Land Use: VCOM VACANT COMMERCIAL

Tax: $376.98 (2017)

Zoning: Multnomah Co.-OCI Office Commercial Industrial

Millage Rate: 17.9353

Watershed: Johnson Creek-Willamette River

Legal: SECTION 24 1S 3E, TL 1100 0.21 ACRES

PROPERTY CHARACTERISTICS Bedrooms:

Building Area:

Baths, Total: 0.00

Year Built:

First Floor:

Baths, Full:

Eff Year Built:

Second Floor:

Baths, Half:

Lot Size: .21 Acres

Basement Fin:

Total Units:

Lot Size: 9,148 SqFt

Basement Unfin:

# Stories: 0.00

Lot Width:

Basement Total:

# Fireplaces:

Lot Depth:

Attic Fin:

Cooling: No

Roof Material:

Attic Unfin:

Heating:

Roof Shape:

Attic Total:

Ext Walls:

Garage:

Building Style:

SALES AND LOAN INFORMATION Owner

TOSHEFF,WILLIAM M II

BACK & FORTH FOREVER LLC

Date

06/08/17

03/20/17

06/30/14

Doc #

0000069421

0000033327

Sale Price $475,000

Deed Type

Trust

Trust

Loan Amt

$595,920

Loan Type

$550,000 Const

This title information has been furnished without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report.

Customer Service Department 121 SW Morrison St., Suite 300 Portland, OR 97204 Phone: 503.219.TRIO (8746) Fax: 503.790.7872 Email: cs.portland@firstam.com Date: 12/21/2017

OWNERSHIP INFORMATION Owner: Back & Forth Forever LLC

Parcel #: R341025

Coowner:

Ref Parcel #: 1S3E24AA01200

Site: 28131 SE Orient Dr Gresham 97080

TRS: T: 01S R: 03E S: 24 Q: NE

Mail: 39391 SE Lusted Rd Sandy OR 97055

County: Multnomah

PROPERTY DESCRIPTION

ASSESSMENT AND TAXATION

Map Grid: 629-H6

Market Land: $203,270

Census Tract: 010409 Block: 2027

Market Impr: $140

Neighborhood: Mult Co W Sandy River Area

Market Total: $203,410

School Dist: 10J GRESHAM-BARLOW

% Improved:

Subdiv/Plat:

Assessed Total: $194,010 (2017)

Impr Type: U Misc Improvements

Levy Code: 028

Land Use: CMSC COMMERCIAL MISCELLANEOUS

Tax: $3,432.68 (2017)

Zoning: Multnomah Co.-OCI Office Commercial Industrial

Millage Rate: 17.9353

Watershed: Johnson Creek-Willamette River

SECTION 24 1S 3E, TL 1200 0.92 ACRES, LAND ONLY SEE R341026 (R993240231), FARM DISQUAL, Legal: 2008-2012, 0.46 ACRES, $4,447.37 ADDITIONAL TAX

PROPERTY CHARACTERISTICS Bedrooms:

Building Area:

Baths, Total: 0.00

Year Built: 1949

First Floor:

Baths, Full:

Eff Year Built: 1949

Second Floor:

Baths, Half:

Lot Size: .92 Acres

Basement Fin:

Total Units:

Basement Unfin:

# Fireplaces:

Attic Fin:

# Stories: 0.00

Lot Size: 40,075 SqFt

Lot Width:

Basement Total:

Cooling: No

Lot Depth:

Roof Material:

Attic Unfin:

Heating:

Roof Shape:

Attic Total:

Ext Walls:

Garage:

Building Style: OTH

SALES AND LOAN INFORMATION Owner

Date

06/30/14

Doc #

Sale Price

$475,000

Deed Type

Loan Amt

Loan Type

This title information has been furnished without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report.

Pre pare d By :

12 /2 2/ 20 17

SE

282ND

AVE

A E R I A L

SE

ORIENT

DR

0

80 feet

This information is deemed reliable but is not guaranteed.

Pre pare d By :

12 /2 2/ 20 17

A E R I A L

0

760 feet

This information is deemed reliable but is not guaranteed.

Pre pare d By :

12 /2 2/ 20 17

C O M M U N I T Y 0

760 feet

This information is deemed reliable but is not guaranteed.

This map/plat is being furnished as an aid in locating the herein described land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted.

Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon.

↓

This map/plat is being furnished as an aid in locating the herein described land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted.

Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon.

SE

SE

32ND

S T

30T

SE

OCI

DR

EFU

33RD

Z O N I N G

WAY

SE 3 4 TH WAY

AVE 282N D

ORIENT

T ER

OR

S E

S E

31S T

SE 32ND TER

SE

OCI

Y H WA

12 /2 2/ 20 17

S E P H E A S A N T AV E

LDR-5

SE

SE INVERNESS AVE

LDR-7 SE KELLER AVE

OR

KI NGFIS HER

SE GLACIER AVE

AVE

Pre pare d By :

OCI

SE DODGE PARK BLVD

OCI

OR

MUA20

SE

RU

TH

LN

EFU 0

260 feet

This information is deemed reliable but is not guaranteed.

Multnomah County – Chapter 36 - West of Sandy River Plan Area ORIENT RURAL CENTER RESIDENTIAL, OR

4-75

(3) The dwelling shall have a minimum floor area of 600 square feet.

§ 36.3400- PURPOSE. The purposes of the Orient Rural Center Residential Zone are to provide standards and review procedures which will encourage concentrations of residential development for people who want to live in a rural setting close to small-scale, low impact commercial and industrial services, to provide for home occupations and marketing of home-grown products, and to provide standards for land use and development consistent with the desired rural character and capability of the land and natural resources.

(Ord. 1001, Reorg&Renum, 12/12/2002)

§ 36.3405 AREA AFFECTED. MCC 36.3400 through 36.3485 shall apply to those lands designated OR on the Multnomah County Zoning Map. (Ord. 1001, Reorg&Renum, 12/12/2002)

§ 36.3415 USES. No building, structure or land shall be used and no building or structure shall be hereafter erected, altered or enlarged in this district except for the uses listed in MCC 36.3420 through 36.3430 when found to comply with MCC 36.3455 through 36.3485.

(Ord. 1001, Reorg&Renum, 12/12/2002)

§ 36.3420 ALLOWED USES. The following uses and their accessory uses are allowed, subject to all applicable supplementary regulations contained in this ordinance.

(B) Farm Use, as defined in ORS 215.203 (2)(a) for the following purposes only; (1) Raising and harvesting of crops; (2) Raising of livestock and honeybees; or (3) Any other agricultural or horticultural purpose or animal husbandry purpose or combination thereof, except as provided in MCC 36.3430. This subsection does not permit the raising of fowl or fur-bearing animals for sale, the keeping of swine, or a feed lot.

(C) Propagation or harvesting of forest products.

(D) Public and private conservation areas and structures for the protection of water, soil, open space, forest and wildlife resources.

(E) Type A home occupations pursuant to MCC 36.0540.

(F) Accessory Structures subject to the following: (1) The Accessory Structure is customarily accessory or incidental to any use permitted or approved in this district and is a structure identified in the following list: (a) Garages or carports; (b) Pump houses;

(A) A single-family detached dwelling on a Lot of Record, including a home built on or off- site.

A home that has been constructed off-site shall meet the following requirements:

(c) Garden sheds; (d) Workshops;

(1) Construction shall comply with the standards of the Uniform Building Code or as prescribed in ORS 446.002 through 445.200 relating to mobile homes;

(e) Storage sheds, including shipping containers used for storage only;

(2) The dwelling shall be attached to a foundation for which a building permit has been obtained;

(g) Woodsheds;

(f) Greenhouses;

(S-1 2017)

4-76

Chapter 36 - West of Sandy River Plan Area (h) Shelter for pets, horses or livestock and associated buildings such as: manure storage, feed storage, tack storage, and indoor exercise area; (i) Swimming pools, pool houses, hot tubs, saunas, and associated changing rooms; (j) Sport courts; (k) Gazebos, pergolas, and detached decks; (l) Fences, gates, or gate support structures; and (m) Mechanical equipment such as air conditioning units, heat pumps and electrical boxes; and (n) Similar structures.

(2) The Accessory Structure shall not be designed or used, whether temporarily or permanently, as a primary dwelling, accessory dwelling unit, apartment, guesthouse, housing rental unit, sleeping quarters or any other residential use..

(5) Compliance with MCC 36.0565 is required.

(6) The combined footprints of all Accessory Buildings on a Lot of Record shall not exceed 2,500 square feet.

(7) An Accessory Structure exceeding any of the Allowed Use provisions above shall be considered through the Review Use provisions.

(8) Buildings in conjunction with farm uses as defined in ORS 215.203 are not subject to these provisions. Such buildings shall be used for their allowed farm purposes only and, unless so authorized, shall not be used, whether temporarily or permanently, as a primary dwelling, accessory dwelling unit, apartment, guesthouse, housing rental unit, sleeping quarters or any other residential use.

(G) Family Day Care.

(H) Actions taken in response to an emergency/disaster event as defined in MCC 36.0005 pursuant to the provisions of MCC 36.0535.

(I) Signs, as provided in this chapter.

(3) The Accessory Structure may contain one sink.

(4) The Accessory Structure shall not contain: (a) More than one story; (b) Cooking Facilities; (c) A toilet; (d) Bathing facilities such as a shower or bathing tub; (e) A mattress, bed, Murphy bed, cot, or any other similar item designed to aid in sleep as a primary purpose, unless such item is disassembled for storage; or (f) A closet built into a wall.

(S-1 2017)

(J) Transportation facilities and improvements that serve local needs or are part of the adopted Multnomah County Functional Classification of Trafficways plan, except that transit stations and park and ride lots shall be subject to the provisions of Community Service Uses.

(K) Solar, photovoltaic and wind turbine alternative energy production facilities accessory to uses permitted in the zoning district, provided that: (1) All systems shall meet the following requirements: (a) The system is an accessory alternative energy system as defined in MCC 36.0005;

Multnomah County – Chapter 36 - West of Sandy River Plan Area (b) The system meets all special district requirements; (c) The system is mounted to a ground mount, to the roof of the dwelling or accessory structure, or to a wind tower; (2) The overall height of solar energy systems shall not exceed the peak of the roof of the building on which the system is mounted;

4-77

The location and design of any building, stand, or sign in conjunction with wholesale or retail sales shall be subject to approval of the Planning Director on a finding that the location and design are compatible with the character of the area; provided that the decision of the Planning Director may be appealed to the approval authority pursuant to the provisions of MCC Chapter 37.

(B) Property Line Adjustment pursuant to the provisions of MCC 36.3460.

(3) Wind Turbine Systems: (a) Wind turbine systems shall be set back from all property lines a distance equal to or greater than the combined height of the turbine tower and blade length. Height is measured from grade to the top of the wind generator blade when it is at its highest point; (b) No lighting on wind turbine towers is allowed except as required by the Federal Aviation Administration or other federal or state agency. (c) The land owner signs and records a covenant stating they are responsible for the removal of the system if it is abandoned. In the case of a sale or transfer of property, the new property owner shall be responsible for the use and/or removal of the system. Systems unused for one consecutive year are considered abandoned.

(Ord. 1242, Amended, 02/23/2017; Ord. 1197, Amended, 02/16/2013; Ord. 1192, Amended, 05/17/2012; Ord. 1176, Amended, 03/03/2011; Ord. 1128, Amended, 01/29/2009; Ord. 1100, Amended, 09/27/2007; Ord. 1079, Amended, 07/27/2006; Ord. 1001, Reorg&Renum, 12/12/2002)

§ 36.3425 REVIEW USES. Uses listed in this section may be permitted after required review as Type II decisions pursuant to MCC 37.0510 through 37.0800.

(C) Placement of Structures necessary for continued public safety, or the protection of essential public services or protection of private or public existing structures, utility facilities, roadways, driveways, accessory uses and exterior improvements damaged during an emergency/disaster event. This includes replacement of temporary structures erected during such events with permanent structures performing an identical or related function. Land use proposals for such structures shall be submitted within 12 months following an emergency/disaster event.

Applicants are responsible for all other applicable local, state and federal permitting requirements.

(D) Type B home occupation pursuant to MCC 36.0550.

(E) Wireless communications facilities that employ concealment technology or co-location as described in MCC 36.6177(B) pursuant to the applicable approval criteria of MCC 36.6175 through 36.6188.

(F) Temporary uses when approved pursuant to MCC 36.0510 and 36.0515.

(G) Lots of Exception pursuant to the provisions of MCC 36.3460.

(H) Consolidation of Parcels and Lots pursuant to MCC 36.7794 and Replatting of Partition and Subdivision Plats pursuant to MCC 36.7797.

(A) Wholesale or retails sales, limited to those products raised or grown on the premises, subject to the following condition:

(S-1 2017)

4-78

Chapter 36 - West of Sandy River Plan Area

(I) Structures or uses customarily accessory or incidental to any use permitted or approved in this district, which do not meet the “accessory structures” standard in MCC 36.3420 Allowed Uses, but which meet the following provisions: (1) The Accessory Structure shall not be designed or used, whether temporarily or permanently, as a primary dwelling, accessory dwelling unit, apartment, guesthouse, housing rental unit, sleeping quarters or any other residential use.

(2) The Accessory Structure shall not contain a bathing tub.

(3) Any toilet or bathing facilities, such as a shower, shall be located on the ground floor of any multi-story building.

(4) An Accessory Structure containing a toilet or bathing facilities shall not contain Cooking Facilities.

(5) The Accessory Structure shall not contain a mattress, bed, Murphy bed, cot, or any other similar item designed to aid in sleep as a primary purpose, unless such item is disassembled for storage.

(6) The applicant must show that building features or combined building footprints exceeding the Allowed Use provisions are the minimum possible departure from the Allowed Use standards to accommodate the use.

(7) Compliance with MCC 36.0565 is required. .

(J) Type C home occupation pursuant to MCC 36.6655 through 36.6660 and subject to Design Review.

(Ord. 1242, Amended, 02/23/2017; Ord. 1197, Amended, 02/16/2013; Ord. 1128, Amended, 01/29/2009; Ord. 1100, Amended, 09/27/2007; Ord. 1097, Amended, 07/26/2007; Ord. 1079, Amended, 07/27/2006; Ord. 1001, Reorg&Renum, 12/12/2002)

(S-1 2017)

§ 36.3430 CONDITIONAL USES. The following uses may be permitted when found by the approval authority to satisfy the applicable ordinance standards: (A) Planned Developments pursuant to the provisions of MCC 36.4300 through 36.4360. If the property is outside of an "acknowledged unincorporated community", then the applicable current "planned unit developments" standards within the Oregon Administrative Rules Chapter 660, Division 004 shall also be satisfied.

(B) The following Community Service Uses pursuant to the provisions of MCC 36.6000 through 36.6020: (1) Public school; (2) Fire station; (3) Power substation or other public utility building or use.

(4) State or regional trail for which a master plan that is consistent with OAR Division 34 State and Local Park Planning has been adopted into the comprehensive plan. Development of the trail and accessory facilities shall be subject to the approval criteria in 36.6010(A) through (H). Accessory facilities shall be of a size and scale that is consistent with the rural character of the area.

(Ord. 1079, Amended, 07/27/2006; Ord. 1001, Reorg&Renum, 12/12/2002)

§ 36.3455 DIMENSIONAL REQUIREMENTS AND DEVELOPMENT STANDARDS. All development proposed in this district shall comply with the applicable provisions of this section.

(A) Except as provided in MCC 36.3460, 36.3470, and 36.3475, and 36.4300 through 4360, the minimum lot size shall be one acre.

Multnomah County – Chapter 36 - West of Sandy River Plan Area (B) Minimum Yard Dimensions - Feet Front 30

Side 10

Street Side 30

Rear 30

Maximum Structure Height - 35 feet Minimum Front Lot Line Length - 50 feet.

(1) Notwithstanding the Minimum Yard Dimensions, but subject to all other applicable Code provisions, a fence or retaining wall may be located in a Yard, provided that a fence or retaining wall over six feet in height shall be setback from all Lot Lines a distance at least equal to the height of such fence or retaining wall.

(2) An Accessory Structure may encroach up to 40 percent into any required Yard subject to the following: (a) The Yard being modified is not contiguous to a road. (b) The Accessory Structure does not exceed five feet in height or exceed a footprint of ten square feet, and (c) The applicant demonstrates the proposal complies with the fire code as administered by the applicable fire service agency.

(3) A Variance is required for any Accessory Structure that encroaches more than 40 percent into any required Yard.

(C) The minimum yard requirement shall be increased where the yard abuts a street having insufficient right-of-way width to serve the area.

The county Road Official shall determine the necessary right-of-way widths based upon the county “Design and Construction Manual” and the Planning Director shall determine any additional yard requirements in consultation with the Road Official.

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(E) On-site sewage disposal, storm water/drainage control, water systems unless these services are provided by public or community source, required parking, and yard areas shall be provided on the lot.

(1) Sewage and stormwater disposal systems for existing development may be offsite in easement areas reserved for that purpose.

(2) Stormwater/drainage control systems are required for new ipervious surfaces. The system shall be adequate to ensure that the rate of runoff from the lot for the 10 year 24-hour storm event is no greater than that before the development.

(F) Grading and erosion control measures sufficient to ensure that visible or measurable erosion does not leave the site shall be maintained during development. A grading and erosion control permit shall be obtained for development that is subject to MCC Chapter 29.

(G) New, replacement, or expansion of existing dwellings shall minimize impacts to existing farm uses on adjacent land (contiguous or across the street) by: (1) Recording a covenant that implements the provisions of the Oregon Right to Farm Law in ORS 30.936 where the farm use is on land in the EFU zone; or (2) Where the farm use does not occur on land in the EFU zone, the owner shall record a covenant that states he recognizes and accepts that farm activities including tilling, spraying, harvesting, and farm management activities during irregular hours occur on adjacent property and in the area.

(H) All exterior lighting shall comply with MCC 36.0570.

(Ord. 1242, Amended, 02/23/2017; Ord. 1236, Amended, 09/22/2016; Ord. 1079, Amended, 07/27/2006; Ord. 1042, Amended, 07/08/2004; Ord. 1001, Reorg&Renum, 12/12/2002)

(D) Structures such as barns, silos, windmills, antennae, chimneys, or similar structures may exceed the height requirement if located at least 30 feet from any property line.

(S-1 2017)

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Chapter 36 - West of Sandy River Plan Area

ยง 36.3460 LOTS OF EXCEPTION AND PROPERTY LINE ADJUSTMENTS.

(b) If the properties abut a street, the required access requirements of MCC 36.3485 are met after the relocation of the common property line; and

(A) Lots of Exception An exception to permit creation of a parcel of less than one acre, out of a Lot of Record, may be authorized when in compliance with the dimensional requirements of MCC 36.3455 (B) through (D). Any exception shall be based on the following findings: (1) The Lot of Record to be divided has two or more permanent habitable dwellings; (2) The permanent habitable dwellings were lawfully established on the Lot of Record before October 4, 2000.

(3) Each new parcel created by the partition will have at least one of the habitable dwellings; and (4) The partition will not create any vacant parcels on which a new dwelling could be established.

(2) At least one of the following situations occurs: (a) The lot or parcel proposed to be reduced in area is larger than 1 acre prior to the adjustment and remains 1 acre or larger in area after the adjustment, or (b) The lot or parcel proposed to be enlarged in area is less than 2 acres in area prior to the adjustment and remains less than 2 acres in area after the adjustment.

(Ord. 1079, Amended, 07/27/2006; Ord. 1001, Reorg&Renum, 12/12/2002)

ยง 36.3470 LOT OF RECORD. (A) In addition to the definition standards for a Lot of Record, for the purposes of this district the significant dates and ordinances for verifying zoning compliance may include, but are nor limited to, the following:

(B) Property Line Adjustment

(1) July 10, 1958, SR and R zones applied;

Pursuant to the applicable provisions in MCC 36.7790, the approval authority may grant a property line adjustment between two contiguous Lots of Record upon finding that the approval criteria in (1) and (2) are met. The intent of the criteria is to ensure that the property line adjustment will not increase the potential number of lots or parcels in any subsequent land division proposal over that which could occur on the entirety of the combined lot areas before the adjustment.

(2) July 10, 1958, F-2 zone applied; (3) December 9, 1975, F-2 minimum lot size increased, Ord. 115 & 116;

(1) The following dimensional and access requirements are met: (a) The relocated common property line is in compliance with all minimum yard and minimum front lot line length requirements;

(S-1 2017)

(4) October 6, 1977, RC zone applied, Ord. 148 & 149; (5) October 13, 1983, zone change to RC for some properties, Ord. 395; (6) May 16, 2002, Lot of Record section amended, Ord. 982 (B) A Lot of Record which has less than the minimum lot size for new parcels or lots, less than the front lot line minimums required, or which does not meet the access requirement of MCC 36.3485, may be occupied by any allowed us, review use or conditional use when incompliance with the other requirements of this district.

Multnomah County – Chapter 36 - West of Sandy River Plan Area (C) Except as otherwise provided by MCC 36.3460, 36.3475, and 36.3400 through 36.3460, no sale or conveyance of any portion of a lot, other than for a public purpose, shall leave a structure on the remainder of the lot with less than the minimum lot or yard requirements or result in a lot of less than the area or width requirements of this district.

(D) The following shall not be deemed to be a Lot of Record:

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§ 36.3485 ACCESS. All lots and parcels in this district shall abut a public street or shall have other access determined by the approval authority to be safe and convenient for pedestrians and passenger and emergency vehicles.

This access requirement does not apply to a preexisting lot and parcel that constitutes a Lot of Record described in MCC 36.3470(B).

(Ord. 1187, Amended, 11/17/2011; Ord. 1079, Amended, 07/27/2006; Ord. 1001, Reorg&Renum, 12/12/2002)

(1) An area of land described as a tax lot solely for assessment and taxation purposes; (2) An area of land created by the foreclosure of a security interest.

(3) An area of land created by court decree.

(Ord. 1114, Amended, 05/29/2008; Ord. 1080, Amended, 09/21/2006; Ord. 1001, Reorg&Renum, 12/12/2002)

§ 36.3475 LOT SIZES FOR CONDITIONAL USES. The minimum lot size for a Conditional Use permitted pursuant to MCC 36.3430, except subpart (C) thereof, shall be based upon: (A) The site size needs of the proposed use; (B) The nature of the proposed use in relation to its impact on nearby properties; and (C) Consideration of the purposes of this district. § 36.3480 OFF-STREET PARKING AND LOADING. Off-street parking and loading shall be provided as required by MCC 36.4100 through 36.4215.

(Ord. 1001, Reorg&Renum, 12/12/2002)

(S-1 2017)

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