SUBJECT PROPERTY 24378 S Hwy 211 44E18 01400 Clackamas County
234 SE Main Street | Portland, OR 97213 CURRENT LAND USE: AGF
JURISDICTION: Unincorporated Clackamas County
ZONING SUMMARY: Section 407 is adopted to implement the policies of the Comprehensive Plan for Forest and Agriculture areas.
If you have any questions regarding zoning, you may contact the planner directly: 503.742.4400
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4/10/2018
00701 31.71 ac.
00704 8.86 ac.
00702 6.12 ac.
00800 4.23 ac.
01801 3.32 ac.
01800 20.23 ac.
02001 25.32 ac.
01700 5.5 ac.
02100 3.86 ac.
01701 2.35 ac. 01100 9.85 ac.
01200 0.92 ac.
01600 19.47 ac.
01601 9.7 ac.
01300 8.2 ac.
01604 11 ac.
Æ Ä 211
01400 130.66 ac.
00100 9.62 ac.
01300 37.9 ac. 01401 1.98 ac. 01402 1.99 ac.
01400 38.1 ac.
01100 8.24 ac.
00201 19.7 ac.
00700 25.4 ac.
00600 35 ac.
00300 124.54 ac.
Taxlot Subject
Taxlot
Map Data is deemed reliable but not guaranteed. First American accepts no responsibility for accuracy.
4/10/2018
UPPER
HIGHLAND
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211
Aerial Subject
Taxlot
Map Data is deemed reliable but not guaranteed. First American accepts no responsibility for accuracy.
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4/10/2018
Aerial Subject
Taxlot
Map Data is deemed reliable but not guaranteed. First American accepts no responsibility for accuracy.
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Community Subject
Taxlot
Map Data is deemed reliable but not guaranteed. First American accepts no responsibility for accuracy.
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UP P ER
HIGHL AND
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Taxlot
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4/10/2018
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Park and Ride Transit Center
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Max Stop
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4/10/2018
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1060
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Subject
Taxlot
Natural Contours
Wetlands
100 Yr. Flood
Map Data is deemed reliable but not guaranteed. First American accepts no responsibility for accuracy.
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CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
407
AG/FOREST DISTRICT (AG/F)
407.01
PURPOSE Section 407 is adopted to implement the policies of the Comprehensive Plan for Forest and Agriculture areas.
407.02
APPLICABILITY Section 407 applies to land in the Ag/Forest (AG/F) District.
407.03
DEFINITIONS The definitions set forth in Subsections 401.03 and 406.03 apply to Section 407. Unless specifically defined in Subsection 401.03, Subsection 406.03, or Section 202, Definitions, words or phrases used in Section 407 shall be interpreted to give them the same meaning as they have in common usage and to give Section 407 its most reasonable application.
407.04
USES PERMITTED Uses permitted in the Ag/Forest District are listed in Table 407-1, Permitted Uses in the AG/F District. A.
As used in Table 407-1: 1. “A” means the use is allowed. 2. “Type I” means the use requires review of a Type I application, pursuant to Section 1307, Procedures. 3. “Type II” means the use requires review of a Type II application pursuant to Section 1307, Procedures. 4. “Type III” means the use requires review of a Type III application, pursuant to Section 1307, Procedures. 5. “C” means the use is a conditional use, approval of which is subject to Section 1203, Conditional Uses. 6. The “Subject To” column identifies any specific provisions of Subsection 401.05 or 406.05 to which the use is subject. 7. Numbers in superscript correspond to the notes that follow Table 407-1.
B.
Permitted uses are subject to the applicable provisions of Subsection 406.07, Dimensional Standards; Subsection 406.08, Development Standards; Section 1000, Development Standards; and Section 1100, Development Review Process. 407-1
Last Amended 8/22/17
CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
Table 407-1: Permitted Uses in the AG/F District Type A
FARM AND FOREST USES
A
A
A A
TYPE II TYPE II
C
RESIDENTIAL USES
NATURAL RESOURCE USES
C C Type A A TYPE II
C Type A
A
Use Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal of slash where such uses pertain to forest uses and operations. Inside the Portland Metropolitan Urban Growth Boundary, refer to Subsection 1002.03 regarding a development restriction that may apply if excessive tree removal occurs. Temporary on-site structures which are auxiliary to and used during the term of a particular forest operation. Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for the purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction, or recreational facilities. Farm use as defined in ORS 215.203. Marijuana production is subject to Section 841. Uses and structures customarily accessory and incidental to a farm or forest use, only if the primary farm or forest use exists. Temporary portable facility for the primary processing of forest products. A facility for the processing of farm crops or the production of biofuel as defined in ORS 315.141. Marijuana processing is subject to Section 841.1 Permanent facility for the primary processing of forest products. Permanent facilities for logging equipment repair and storage. Log scaling and weigh stations. Use Uninhabitable structures accessory to fish and wildlife enhancement. Creation of, restoration of, or enhancement of wetlands. The propagation, cultivation, maintenance, and harvesting of aquatic species that are not under the jurisdiction of the Oregon Fish and Wildlife Commission. Forest management research and experimentation facilities. Use Uses and structures customarily accessory and incidental to a dwelling, only if a lawfully established dwelling exists. Alteration, restoration, or replacement of a lawfully established dwelling. 407-2
Last Amended 8/22/17
Subject To
406.05(B)(1) 401.05(B)(1)
406.05(A)(1), (6) & (B)(2) 406.05(A)(1) & (6) 406.05(A)(1) & (6) Subject To
401.05(A)(1)
406.05(A)(1) & (C)(1) Subject To
406.05(D)(1)
CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
Type TYPE II
TYPE II TYPE II
TYPE II
TYPE III
TYPE II
RESIDENTIAL USES (cont.)
TYPE II
TYPE II
TYPE II
TYPE II
TYPE II TYPE II
TYPE II
TYPE II TYPE II TYPE II TYPE II
TYPE II
Use Replacement dwelling to be used in conjunction with farm use if the existing dwelling has been listed in a County inventory as historic property and listed on the National Register of Historic Places.2 Forest Lot of Record Dwelling on land that was predominantly forest on January 1, 1993. Agricultural Lot of Record Dwelling on Low Value Farmland that was predominantly agriculture on January 1, 1993. Agricultural Lot of Record Dwelling on Class III or IV High Value Farmland that was predominantly agriculture on January 1, 1993. Agricultural Lot of Record Dwelling on Class I or II High Value Farmland that was predominantly agriculture on January 1, 1993. Agricultural Dwelling in conjunction with a farm use on High Value Farmland that was predominantly agriculture on January 1, 1993.2 Agricultural Dwelling in conjunction with a farm use on Low Value Farmland on land that was predominantly agriculture on January 1, 1993.2 Agricultural Dwelling customarily provided in conjunction with a commercial dairy farm on land that was predominantly agriculture on January 1, 1993. Agricultural 160 acre test on low value farmland for a dwelling on land that was predominantly agriculture on January 1, 1993.2 Agricultural Capability test on low value farmland for a dwelling on land that was predominantly agriculture on January 1, 1993.2 Agricultural Nonfarm dwelling on land that was predominantly agriculture on January 1, 1993. Agricultural Accessory farmworker dwelling for a relative on land that was predominantly agriculture on January 1, 1993.2 Agricultural Accessory farmworker dwelling for yearround and seasonal farm workers on land that was predominantly agriculture on January 1, 1993.2 Agricultural Dwelling on Low or High Value Farmland to be owned and operated by a different farm operator on at least 80 acres. Forest Template Test Dwelling on land that was predominantly forest on January 1, 1993. 160 Acre Forest Dwelling on land that was predominantly forest on January 1, 1993. 200 Acre Noncontiguous Tract Forest Dwelling on land that was predominantly forest on January 1, 1993. Caretaker residences for public parks and public fish hatcheries.
407-3 Last Amended 8/22/17
Subject To 401.05(A)(3)
406.05(A)(3), (4), (5) & (D)(2) 401.05(A)(2), (3), (4) & (C)(3) 401.05(A)(2), (3), (4) & (C)(4) 401.05(A)(2), (3), (4) & (C)(5) 401.05(A)(3) & (C)(6)
401.05(A)(3) & (C)(7)
401.05(A)(3) & (C)(8)
401.05(A)(3), (4) & (C)(9) 401.05(A)(3), (4) & (C)(10) 401.05(A)(3), (4) & (C)(11) 401.05(A)(3) & (C)(12) 401.05(A)(3) & (C)(13) 401.05(A)(3) & (C)(14) 406.05(A)(3), (4), (5) & (D)(3) 406.05(A)(3), (4), (5) & (D)(4) 406.05(A)(3), (4), (5) & (D)(5) 406.05(A)(2) & (5)
CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
RESIDENTIAL USES (cont.)
TYPE II TYPE II TYPE II TYPE II Type A A A TYPE I TYPE II TYPE II
COMMERCIAL USES
TYPE II TYPE II TYPE II TYPE II
TYPE II
TYPE II
TYPE II C C
C C
Temporary forest labor camp, subject to Subsection 1204.01, for a period not to exceed one year. Temporary dwelling for care, subject to Subsection 1204.03. Room and board arrangements for a maximum of five unrelated persons in existing dwellings. Residential home or facility as defined in ORS 197.660, in existing dwellings. Use Family daycare provider. Dog training classes. Dog testing trials. A license for a winery to carry out the first six of 18day agri-tourism and other commercial events, subject to ORS 215.237 and 215.452(6)(a). Farm stands, subject to OAR 660-033-0130(23) and ORS 215.283(1)(o).3 Home occupation, subject to Section 822. A landscape contracting business. Agri-tourism single event. Agri-tourism for up to 6 events or activities. A winery as described in and subject to ORS 215.452 or 215.453, whichever is applicable, but not a restaurant open more than 25 days per calendar year. A bed and breakfast facility as a home occupation in association with a winery, subject to ORS 215.448, as provided in ORS 215.452 or 215.453, whichever is applicable. A large winery with a restaurant in conjunction with a winery as described in ORS 215.453 that is open to the public for more than 25 days in a calendar year or; agri-tourism or other commercial events in conjunction with a winery as described in ORS 215.453 that occur on more than 25 days in a calendar year. Winery agri-tourism or other commercial events for days seven through 18 of the 18-day limit, subject to ORS 215.237 and 215.452(6)(c). Home occupation to host events, subject to Section 806. Commercial activities in conjunction with farm use, including the processing of farm crops into biofuel that exceeds the standards of ORS 215.203(2)(b)(K) or Subsection 401.05(B)(1).4 Agri-tourism additional events not to exceed 18 events on a minimum of 80 acres. Private accommodations for fishing on a temporary basis.
407-4 Last Amended 8/22/17
406.05(A)(1), (2) & (D)(6) 401.05(A)(1) & (3) 401.05(A)(1) & (3) Subject To 401.05(D)(8) 401.05(D)(9)
406.05(A)(1), (2), (5) & (E)(1) 401.05(A)(1) & (D)(2) 401.05(A)(1) & (D)(3) 401.05(A)(1) & (D)(4)
401.05(A)(1) & (D)(5)
401.05(A)(1)
406.05(A)(1), (2), (5) & (E)(1) 401.05(A)(1)
401.05(A)(1) & (D)(6) 406.05(A)(1), (2), (5) & (E)(2)
COMMERCIAL USES (cont.)
CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
C C C C
Type A
MINERAL, AGGREGATE, OIL, AND GAS USES
A
A
C
C
C C
C C
Private seasonal accommodations for fee based hunting. An aerial fireworks display business. Commercial dog boarding kennels. Dog training classes or testing trials that cannot be established under Subsection 401.05(D)(8) or (9).
406.05(A)(1), (5) & (E)(3) 401.05(A)(1) & (D)(7) 401.05(A)(1) 401.05(A)(1)
Use Exploration for mineral and aggregate resources as defined in ORS Chapter 517 and subject to the requirements of the Department of Geology and Mineral Industries. Operations for the exploration for, and production of, geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to a wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732(1)(a) or (b). Operations for the exploration for minerals as defined by ORS 517.750. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732(1)(a) or (b). Operations conducted for mining, crushing, or stockpiling of aggregate and other mineral and other subsurface resources subject to ORS 215.298. Processing as defined by ORS 517.750 of aggregate into asphalt or Portland cement.
Subject To
Processing of other mineral resources and other subsurface resources. Operations conducted for mining and processing of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005 not otherwise permitted under Section 407. Mining and processing of oil, gas, or other subsurface resources. Exploration for and production of geothermal, gas, and oil.
407-5 Last Amended 8/22/17
401.05(A)(1), (E)(1) & (E)(1)(a)
401.05(A)(1), (E)(1) & (E)(1)(b) 401.05(A)(1), (E)(1) & (E)(1)(c) 401.05(A)(1), (E)(1) & (E)(1)(d)
406.05(A)(1), (6) & (F)(1) 406.05(A)(1), (6) & (F)(2)
CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
Type A
A A
A
TRANSPORTATION USES
A
TYPE II TYPE II TYPE II
TYPE II
TYPE II
C C
C C C
Use Widening of roads within existing rights-of-way in conformance with Chapter 5 of the Comprehensive Plan. Climbing and passing lanes within the right of way existing as of July 1, 1987. Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right-of-way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result. Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed. Minor betterment of existing public road and highway related facilities such as maintenance yards, weigh stations, and rest areas, within right of way existing as of July 1, 1987, and contiguous public-owned property utilized to support the operation and maintenance of public roads and highways. Parking of up to seven dump trucks and seven trailers, subject to ORS 215.311. Parking of no more than seven log trucks, subject to ORS 215.311. Construction of additional passing and travel lanes requiring the acquisition of right-of-way but not resulting in the creation of new land parcels. Reconstruction or modification of public roads and highways involving the removal or displacement of buildings but not resulting in the creation of new land parcels. Improvement of public roads and highway-related facilities, such as maintenance yards, weigh stations, and rest areas, where additional property or right-of-way is required but not resulting in the creation of new land parcels. Aids to navigation and aviation. Personal-use airports for airplanes and helicopter pads, including associated hangar, maintenance, and service facilities. Expansion of existing airports. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects. Roads, highways, and other transportation facilities and improvements not otherwise allowed under this Ordinance.
407-6 Last Amended 8/22/17
Subject To
406.05(A)(1) 401.05(A)(1) 406.05(A)(1)
406.05(A)(1)
406.05(A)(1)
406.05(A)(1) & (6) 401.05(A)(1) & (F)(2)
406.05(A)(1) 406.05(A)(1) 401.05(F)(1)
CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
Type A A
A A
UTILITY AND SOLID WASTE DISPOSAL FACILITY USES
A
A A A A A TYPE II TYPE II
TYPE II
TYPE II C C C C C
C C C
Use Collocation of antennas with associated equipment on a previously approved wireless telecommunication facility, subject to Subsection 835.04(A). Placement of telecommunication antennas with associated equipment on an existing utility pole, subject to Subsection 835.04(B). Essential public communication services, subject to Subsection 835.04(C). Local distribution lines (i.e., electric, telephone, natural gas) and accessory equipment (i.e., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment which provides service hookups, including water service hookups. Irrigation reservoirs, canals, delivery lines and those structures and accessory operational facilities, not including parks or other recreational structures and facilities, associated with a district as defined in ORS 540.505. Water intake facilities, canals and distribution lines for farm irrigation and ponds. Solar energy systems as an accessory use. Rainwater collection systems as an accessory use. Electric vehicle charging stations for residents and their non-paying guests. Meteorological towers. Wind energy power production systems as an accessory use. Collocation of antennas with associated equipment on a previously approved wireless telecommunication facility that exceed Subsection 835.04(A), subject to Subsection 835.05(A). Placement of telecommunication antennas with associated equipment on replacement utility pole that exceeds the replaced pole by no more than 20 feet, subject to Subsection 835.05(A). Composting operations and facilities on high value farmland. Wireless telecommunication facilities listed in Subsection 835.06, subject to Section 835. Composting facilities on low value farmland. Water intake facilities, related treatment facilities, pumping stations, and distribution lines. Reservoirs and water impoundments. A disposal site for solid waste for which the Oregon Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities, or buildings necessary for its operation. Commercial utility facilities for the purpose of generating power. New electric transmission lines. Television, microwave, and radio communication facilities.
407-7 Last Amended 8/22/17
Subject To
406.05(H)(1)
401.05(A)(1) & (G)(3) 406.05(A)(1) 401.05(A)(1) & (G)(4) 406.05(A)(1) & (6) 406.05(A)(1),(2) & (6) 406.05(A)(1) & (6)
406.05(A)(1), (6) & (H)(2) 406.05(A)(1) & (H)(3) 406.05(A)(1), (6) & (H)(4)
CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
Type A
TYPE II
Use Private hunting and fishing operations without any lodging accommodations. Towers and fire stations for forest fire protection. Land application of reclaimed water, agricultural process or industrial process water, or biosolids for agricultural, horticultural, or forest production, or for irrigation in connection with a use allowed in the EFU zoning district, subject to the issuance of a license, permit, or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053, or 468B.055, or in compliance with rules adopted under ORS 468(B).095. Onsite filming and activities accessory to onsite filming for 45 days or less. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary. Community centers.
TYPE II
Living history museum.
TYPE II
Expansion of existing county fairgrounds and activities directly relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210. A county law enforcement facility that lawfully existed on August 20, 2002, and is used to provide rural law enforcement services primarily in rural areas, including parole and post-prison supervision, but not including a correctional facility as defined under ORS 162.135. Churches and cemeteries in conjunction with churches, consistent with ORS 215.441, which does not include private or parochial school education for prekindergarten through grade 12 or higher education. Fire service facilities providing rural fire protection services. Operations for extraction and bottling of water. Onsite filming and activities accessory to onsite filming for more than 45 days as provided for in ORS 215.306. Public or private schools for kindergarten through grade 12, including all buildings essential to the operation of a school, primarily for residents of the rural area in which the school is located. Golf courses.
A A
A
PARKS, PUBLIC, AND QUASI-PUBLIC USES
TYPE II
TYPE II
TYPE II
TYPE II C C
C
C
407-8 Last Amended 8/22/17
Subject To
401.05(H)(1)
401.05(A)(1), (5)& (H)(3) 401.05(A)(1), (5)& (H)(4)
401.05(A)(1)
401.05(A)(1)
401.05(A)(5)
401.05(A)(1) 401.05(A)(1)
401.05(A)(1) & (5)
401.05(A)(1), (5)& (H)(6)
PARKS, PUBLIC, AND QUASI-PUBLIC USES (cont.)
CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
C C C C C
OUTDOOR GATHERINGS
Type A
C
Youth camps on 40 acres or more, subject to OAR 660-006-0031. Cemeteries. Firearms training facility as provided in ORS 197.770(2). Private parks and campgrounds. Public parks including only those uses specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable. Use An outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period. An outdoor mass gathering of more than 3,000 persons that continues or can reasonably be expected to continue for more than 120 hours within any three-month period and any part of which is held in open spaces.
406.05(A)(1) & (3) 406.05(A)(1) & (6) 406.05(A)(1) & (6) 406.05(A)(1),(2),(6) & (I)(1)
406.05(A)(1) & (6)
Subject To 406.05(J)(1)
406.05(A)(1) & (J)(2)
1
The processing, compounding, or conversion of marijuana into cannabinoid extracts is prohibited.
2
Farming of a marijuana crop shall not be used to demonstrate compliance with the approval criteria for a dwelling. (See ORS 475B.370.)
3
A farm stand shall not be used for the sale, or to promote the sale, of marijuana items. (See ORS 475B.370.)
4
A commercial activity carried on in conjunction with a marijuana crop is prohibited. (See ORS 475B.370.)
407.05
PROHIBITED USES Uses of structures and land not specifically permitted are prohibited.
407.06
DIMENSIONAL STANDARDS Subsection 406.07, which establishes dimensional standards in the Timber District, shall apply in the Ag/Forest District.
407.07
DEVELOPMENT STANDARDS Subsection 406.08, which establishes development standards in the Timber District, shall apply in the Ag/Forest District.
407.08
LAND DIVISIONS Subsection 406.09, which establishes land division standards in the Timber District, shall apply in the Ag/Forest District. 407-9
Last Amended 8/22/17
CLACKAMAS COUNTY ZONING AND DEVELOPMENT ORDINANCE
407.09
SUBMITTAL REQUIREMENTS Subsection 406.10, which establishes submittal requirements in the Timber District, shall apply in the Ag/Forest District.
407.10
APPROVAL PERIOD AND TIME EXTENSION Subsection 406.11, which establishes approval period and time extension standards in the Timber District, shall apply in the Ag/Forest District.
[Amended by Ord. ZDO-224, 5/31/11; Amended by Ord. ZDO-230, 9/26/11; Amended by Ord. ZDO234, 6/7/12; Amended by Ord. ZDO-241, 1/1/13; Amended by Ord. ZDO-245, 7/1/13; Amended by Ord. ZDO-247, 3/1/14; Amended by Ord. ZDO-248, 10/13/14; Amended by Ord. ZDO-254, 1/4/16; Amended by Ord. ZDO-262, 5/23/17; Amended by Ord. ZDO-263, 5/23/17; Amended by Ord. ZDO-264, 8/22/17]
407-10 Last Amended 8/22/17