AGENDA WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Public Hearing First Reading and First Public Hearing Land Use & Transportation; County Counsel (All CPOs) Agenda Title: Presented by: PROPOSED ORDINANCE NO. 769 AN ORDINANCE AMENDING THE COMPREHENSIVE FRAMEWORK PLAN FOR THE URBAN AREA AND THE COMMUNITY DEVELOPMENT CODE RELATED TO THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT (RLUIPA) Andrew Singelakis, Director of Land Use & Transportation Alan Rappleyea, County Counsel SUMMARY: Ordinance No.769 proposes to amend the Comprehensive Framework Plan for the Urban Area and the Community Development Code (CDC) related to the Religious Land Use and Institutionalized Persons Act (RLUIPA). is posted on the county's land use ordinance web page at the following link: http://www.co.washington.or.us/lut/divisions/longrangeplanning/2013-land-use-ordinances.cfm On July 17, 2013 the Planning Commission (PC) conducted a public hearing for this ordinance. The PC raised issues and requested clarifications that required staff follow-up and continued the hearing to August 7, 2013. On August 7, 2013 the PC conducted a second public hearing for this ordinance. The PC s recommendation will be included in the staff report, which will be provided to the Board prior to the August 20, 2013 hearing and posted on the above land use ordinance web page. Copies of the report will also be available at the Clerk s desk. Consistent with Board policy, testimony about the ordinance is limited to three minutes for individuals and 12 minutes for a representative of a group. DEPARTMENT S REQUESTED ACTION: Read by title only and conduct the first public hearing. At the conclusion of the hearing, direct engrossment of the ordinance to include the changes described in the staff report. Continue the hearing to September 24 and October 1, 2013 and direct staff to prepare and mail notice of the amendments consistent with requirements of Chapter X of the County Charter. COUNTY ADMINISTRATOR S RECOMMENDATION: Agenda Item No. Date: 08/20/13
Board of Commissioners Staff Report August 12, 2013 Page 2 of 4 III. OVERVIEW proposes to modify the Comprehensive Framework Plan for the Urban Area (CFP) and the Community Development Code (CDC) relating to the Religious Land Use and Institutionalized Persons Act (RLUIPA). RLUIPA was enacted by the United States Code (USC) Title 42 Chapter 21c in 2000. Young v. Jackson County (Land Use Board of Appeals (LUBA) No. 2008-076) brought up issues with how the Oregon Administrative Rules (OAR) dealt with RLUIPA in 2008. In February 2012, the Department of Land Conservation and Development (DLCD) finalized rulemaking to respond to this LUBA case. With proposed, the county seeks to implement the new Oregon Administrative Rules (OAR) 660-033-0120 and 0130, which apply to Exclusive Farm Use lands. Staff also examined the CDC for compliance with RLUIPA and proposes to change the term church to the term religious institution, throughout the CDC. IV. BACKGROUND was filed to update the CFP and the CDC in response to the new OAR 660-033-0120 and 0130 adopted by the DLCD in February 2012. The full background of this rulemaking and RLUIPA can be found in the PC s staff report for July 17, 2013, which is included in the Board s packet. Staff decided while implementing the new OAR that the CDC should also be examined for compliance with RLUIPA. Staff reviewed the CDC to see if the development standards and review processes were making it more difficult to develop a religious use than a secular use. Staff also proposes changing the term church throughout the CDC to religious institution to confirm that the county allows religious uses of all faiths. Ordinance Notification and an accompanying summary were mailed to citizen participation organizations (CPOs) and interested parties on June 13, 2013. A display advertisement regarding the proposed ordinance was published in The Oregonian on June 28, 2013 and in the Hillsboro Argus on June 28, 2013. Individual Notice 2013-12 describing proposed Ordinance No. 769 was mailed to 256 individuals on the General Notification List on July 3, 2013. A copy of this notice was also mailed to the Planning Commission at that time. V. ANALYSIS UGB Proximity Standards As noted in the PC staff report for July 17, 2013, OAR 660-033-130 established UGB proximity standards for public and quasi-public uses such as community centers, golf courses, and religious institutions. These standards place a 100 person capacity limit on enclosed structures within three miles of an UGB. The PC recommended some minor changes to the UGB proximity standards proposed in CDC 340-6 and 344-6 which are reflected in Attachment A.
Board of Commissioners Staff Report August 12, 2013 Page 3 of 4 Processing Types for Uses Subject to RLUIPA Upon review of the CDC for compliance with RLUIPA, staff found many instances where an applicant seeking a religious-oriented use must go through a more difficult and costly Type III land use review rather than the Type II process required for a similar secular use. Staff believes that making it more difficult to develop a religious-related use than a similar non-religious use conflicts with the equal terms clause of RLUIPA. Where these instances were found, staff proposed amendments to CDC language to change the Type III process for a religious use to a Type II process in land use districts where similar uses are processed through Type II development review requests. Staff s proposal included moving cemeteries to a Type II use in many districts where they are currently a Type III use. Staff believed that a cemetery should have the same review process as a Type II park. Staff s rationale was based on observations that cemeteries and parks are simlar landscaped open spaces, and have similar periods of activity and inactivity. The PC disagreed with staff s rationale and proposal to change the review process for cemeteries. The PC felt that allowing cemeteries as a Type II use, especially in residential areas, was inappropriate. County Counsel concurred that maintaining cemeteries as a Type III use would be acceptable. County Counsel noted that any applications that came in would have to be processed under the federal RLUIPA law. This could perhaps have the same effect as allowing the use as a Type II. The PC seemed to be comfortable with this prospect. The PC recommended keeping cemeteries as a Type III use. Staff believes that this recommendation has some risk, in that it places a burden on staff and County Counsel to decide when to apply federal law to a proposed cemetery use. However, staff thinks this is an acceptable risk and concurs with the PC on leaving cemeteries as a Type III use. Definition of Religious Institution The other major issue at the PC meeting that garnered much discussion was adjusting the definition of religious institution. The PC felt the definition should refer to development, not just a building. Staff made several adjustments to the definition per direction from the PC, and these adjustments are reflected in Attachment A. Proposed Engrossments The proposed engrossments can be found in Attachment A.
Board of Commissioners Staff Report August 12, 2013 Page 4 of 4 Summary of Proposed Changes proposes to amend the Comprehensive Framework Plan for the Urban Area and the Community Development Code as follows: 1. Exhibit 1 Amends the Comprehensive Framework Plan for the Urban Area by changing the term church to religious institution, in Policy 18 - Plan Designations and Locational Criteria for Development, Policy 41 Urban Growth Boundary Expansions, and Policy 43 - Community Design for New Urban Areas. 2. Amends the Community Development Code by: Conforming the CDC s list of public and quasi-public uses on farm land within three miles of the urban growth boundary (UGB) to conform with the revised list in OAR 660-033- 0130. Previous state law applied the "three mile" restriction only to churches, schools, campgrounds, private parks, playgrounds, and hunting and fishing preserves. The proposed ordinance expands the list of uses subject to the three mile restriction outlined in OAR 660-033-0130. These new uses include parks, community centers, cemeteries, schools, campgrounds, golf courses, living history museums, armed forces reserve centers, firearms training facilities, hunting and fishing preserves, and public buildings. Limiting capacity of any structure within this revised list of uses to a design capacity of 100 people and establishing a required minimum distance between enclosed structures or groups of enclosed structures on the same tract. Removing the term "churches" and replacing it with "religious institutions. Changing the procedure type for development review of religious institutions to match the review type of similar uses, such as membership organizations, cemeteries, and other places of assembly. S:\PLNG\WPSHARE\2013ord\Ord769_RLUIPA\Staff_Reports\BCC\Ord769_BCC_Staff_Rpt.doc
Attachment A Proposed Amendments to Exhibit 1 August 12, 2013 Page 1 of 5 The Comprehensive Framework Plan for the Urban Area is amended to reflect the following: 1. Amendment to Policy 18: POLICY 18, PLAN DESIGNATIONS AND LOCATIONAL CRITERIA FOR DEVELOPMENT It is the policy of Washington County to prepare community plans and development regulations in accordance with land use categories and locational criteria contained in the Comprehensive Framework Plan. Summary Findings and Conclusions Transit Oriented - Business District (TO-BUS) The TO:BUS District may be applied to properties in station communities, regional and town centers, and along main streets and corridors. The TO-BUS District is intended to be a mixed-use district, primarily for office uses, but with residences and retail also present, possibly with institutional uses such as churchesreligious institutions, post offices and libraries. On properties specified in a community plan the amount of development dedicated to certain uses may be specified. In a station community, the minimum FAR for development in the district is 1.0 within one-quarter mile of a transit center, and 0.5 in all other locations. 2. Amendments to Policy 41: POLICY 41, URBAN GROWTH BOUNDARY EXPANSIONS: It is the policy of Washington County to ensure an efficient and effective transition of rural land to urban development when an Urban Growth Boundary (UGB) is expanded. Implementing Strategies
Attachment A Proposed Amendments to Exhibit 1 August 12, 2013 Page 2 of 5 The County will: d. Apply the following Areas of Special Concern to the Future Development Areas Map: 4. Area of Special Concern 4 is comprised of approximately 354 acres of land located between the cities of Tualatin and Sherwood on the south side of Tualatin-Sherwood Road. The boundary of ASC 4 is shown on Map C (Future Development Areas Detailed Areas) of Policy 41. The properties included in this Area of Special Concern are designated Future Development 20-Acre (FD-20) on the Future Development Areas Map (Map A). These properties were added to the UGB by Metro Ordinance 04-1040B adopted June 24, 2004 and were designated as Industrial land by Metro s 2040 Growth Concept Plan. Title 11 planning and FD-20 development applications within this Area of Special Concern are subject to the following criteria: a) No lot or parcel that is 50 acres or larger may be subdivided or partitioned into lots or parcels smaller than 50 acres. Reconfiguration of all remaining lots/parcels in this Area of Special Concern shall be in accordance with Section 3.07.420 of Metro s Urban Growth Management Functional Plan. b) Until the effective date of new regulations adopted pursuant to Title 11, development applications within this Area of Special Concern shall be subject to Community Development Code Section 308, except as otherwise provided below: 1) Day care facilities, cemeteries, churches religious institutions and schools are prohibited due to the area s designation as an Industrial Area. 5. Area of Special Concern 5 is comprised of approximately 645 acres of land located generally between Tualatin and Wilsonville and between I-5 and the Burlington Northern railroad alignment. The boundary of ASC 5 is shown on Map C (Future Development Areas Detailed Areas) of Policy 41. The properties included in this Area of Special Concern are designated Future Development 20-Acre (FD-20) District on the Future Development Areas Map (Map A). These properties were added to the UGB by Metro Ordinance 04-1040B (adopted on June 24, 2004), and designated as Industrial land on Metro s 2040 Growth Concept Plan. Title 11 planning and FD-20 development applications within this Area of Special Concern are subject to the following criteria: a) Title 11 planning shall be completed for the area within two years following the selection of the right-of-way alignment for the I-5/99W Connector, or within seven years of the effective date of Metro Ordinance No. 04-1040B, whichever occurs earlier. b) Until the effective date of new regulations adopted pursuant to Title 11, development applications within this Area of Special Concern shall be subject to Community Development Code Section 308, except as otherwise provided below:
Attachment A Proposed Amendments to Exhibit 1 August 12, 2013 Page 3 of 5 1) Day care facilities, cemeteries, churchesreligious institutions and schools are prohibited due to the area s designation as an Industrial Area. 6. Area of Special Concern 6 is comprised of approximately 264 acres of land located generally west of Coffee Creek Correctional Facility in the City of Wilsonville. The boundary of ASC 6 is shown on Map C (Future Development Areas Detailed Areas) of Policy 41. The properties included in this Area of Special Concern are designated Future Development 20-Acre (FD-20) District on the Future Development Areas Map (Map A). These properties were added to the UGB by Metro Ordinance 04-1040B (adopted on June 24, 2004), and were designated as Industrial land on Metro s 2040 Growth Concept Plan. Title 11 planning and FD-20 development applications within this Area of Special Concern are subject to the following criteria: a) Title 11 planning shall be completed for the area within two years following the selection of the right-of-way alignment for the I-5/99W Connector, or within seven years of the effective date of Metro Ordinance No. 04-1040B, whichever occurs earlier. b) Until the effective date of new regulations adopted pursuant to Title 11, development applications within this Area of Special Concern shall be subject to Community Development Code Section 308, except as otherwise provided below: 1) Day care facilities, cemeteries, churchesreligious institutions and schools are prohibited due to the area s designation as an Industrial Area. 7. Area of Special Concern 7 consists of two individual UGB expansion area that together encompass approximately 65 acres of land located on the south side of Council Creek. The properties in this area of special concern are designated Future Development 20-Acre (FD-20) on the Future Development Areas Map. Area of Special Concern 7 reflects the boundaries of the UGB expansion areas established by Metro Ordinance 05-1070A (adopted November 17, 2005). Metro designated these lands as Regionally Significant Industrial Areas. Title 11 planning and FD-20 development applications within this Area of Special Concern are subject to the following criteria: a) Until the effective date of new regulations adopted pursuant to Title 11, development applications within this Area of Special Concern shall be subject to Community Development Code Section 308, except as otherwise provided below: 1) Day care facilities, cemeteries, churchesreligious institutions and schools are prohibited due to the area s designation as a Regionally Significant Industrial Area.
Attachment A Proposed Amendments to Exhibit 1 August 12, 2013 Page 4 of 5 3. Amendments to Policy 43: POLICY 43, COMMUNITY DESIGN FOR NEW URBAN AREAS: New urban areas are urban unincorporated lands that came into the UGB in 2002 or later (with the exception of the Arbor Oaks Subarea). It is the policy of Washington County to provide community level planning for new urban areas consistent with regional planning requirements and the Board vision for establishing communities of distinction in new urban areas. In general, these communities are conceived of in a holistic manner with integration of the component elements and a well-designed and planned public realm. Implementing Strategies The County will: d. Adopt community plan and Code requirements to ensure that development in new urban areas is consistent with the applicable concept plan and the planning principles described below. Plan amendments in new urban areas shall also demonstrate consistency with the following planning principles. 1. The natural setting shall be a fundamental consideration for community organization and design, including but not limited to features such as topography, views, and natural resources. 2. New urban areas are planned at a neighborhood scale. As shown in the Community Plan, neighborhoods are geographic areas that have one or more discernable center or destination node. Most of the neighborhood s dwelling units are within a five-minute walk of the neighborhood center (or an average of roughly one-quarter (1/4) mile). Edges mark the transition from one neighborhood to another. Examples of edges are a natural area, trail, or arterial or collector street. Each neighborhood shall include public and/or quasi-public uses that serve as destinations for members of the community, including but not limited to: a neighborhood park, a commercial area, a civic use and/or community gathering space (e.g., library, churchreligious institution). Wherever appropriate, these destination uses will be centrally located in the neighborhood, adjacent to higher density residential housing, and adjacent to one another in order to maximize efficient use of land such as through shared off-street parking. e. The adopted Concept Plan for each new urban area shall be used in the review of quasi-judicial plan amendments. The Concept Plan serves as the foundation for more specific community planning work such as assigning plan designations, residential density ranges, and allowed uses. 1. Quasi-judicial plan amendments in the North Bethany Subarea shall demonstrate consistency with the North Bethany Concept Plan through adherence to fundamental design elements. Fundamental concept plan design elements include:
Attachment A Proposed Amendments to Exhibit 1 August 12, 2013 Page 5 of 5 i. Five neighborhoods, each approximately a quarter-mile from center to edge, organized around centrally-located public destinations (e.g., parks, commercial uses, schools), and with a variety of housing types. ii. A centrally located Main Street Area complemented by four smaller (approximately half-acre) commercial nodes. The smaller commercial nodes shall be located at a corner of the two intersecting streets in the North Bethany Subarea as shown on the applicable Neighborhood Plan map. iii. A park, trail, and open space plan with parks and trails open to public view and not enclosed by buildings and rear yards. iv. Prominently located community parks are connected by a series of park blocks along the east-west ridgeline formed by existing topography. v. A one and one-half (1 1/2) to two (2) acre neighborhood park in each neighborhood. vi. Residential densities arranged in a density transect with higher density residential uses located adjacent to commercial land uses, the Main Street Area, the community parks, and the Park Blocks, and lower density residential uses along natural resources and rural edges. vii. Existing and future community uses are incorporated into the Plan, including a cemetery, churchreligious institution, the Portland Community College Rock Creek Campus and the three Beaverton School District properties.
Attachment A Proposed Amendments to August 12, 2013 Page 1 of 41 Sections of the Community Development Code are amended to reflect the following: 1. Section 106 - DEFINITIONS 106-1 The definitions contained in this Code are used as follows: 106-178 Religious Institution A building or other development used for a faith based organization such as a church, mosque, temple or synagogue; together with its accessory uses and buildings, including but not limited to monasteries, offices, schools, and living quarters for caretakers. 2. Section 302 - R-5 DISTRICT (RESIDENTIAL 5 UNITS PER ACRE) 302-4 Uses Which May Be Permitted Through a Type III Procedure The following uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 302-4.1 Attached Dwelling Units - Section 430-13. 302-4.2 Boarding House, includes Bed & Breakfast - Section 430-19. 302-4.3 Campground - Section 430-25. 302-4.4 Cemetery - Section 430-27. 302-4.5 Church - Section 430-29. 302-4.65 Golf Course (may include Country Club) - Section 430-51. 302-4.76 Group Care - Section 430-53. 302-4.87 Heliport (Personal use only) - Section 430-59. 302-4.98 Hospital - Section 430-65. 302-4.109 Kennel - Section 430-73.
Attachment A Proposed Amendments to August 12, 2013 Page 2 of 41 302-4.1110 Public Building - Section 430-103. 302-4.1211 Public Utility - Section 430-105. 302-4.1312 Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. 302-4.1413 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. 302-4-1514 Single-Family Accessory Dwelling Unit - Section 430-117.1. 302-4.1615 School - Section 430-121. 302-4.1716 Special Recreation Use - Section 430-131. 302-4.1817 Storage Area for Recreation Vehicles - Section 430-133. 302-4.18 Religious Institution - Section 430-116. 3. Section 303 - R-6 DISTRICT (RESIDENTIAL 6 UNITS PER ACRE) 303-4 Uses Which May Be Permitted Through a Type III Procedure The following uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 303-4.1 Boarding House, includes Bed & Breakfast - Section 430-19. 303-4.2 Campground - Section 430-25. 303-4.3 Cemetery - Section 430-27. 303-4.4 Church Section 430-29. 303-4.54 College - Section 430-31. 303-4.65 Golf Course (may include Country Club) - Section 430-51. 303-4.76 Group Care - Section 430-53.1 through 53.5.
Attachment A Proposed Amendments to August 12, 2013 Page 3 of 41 303-4.87 Heliport (Personal use only) - Section 430-59. 303-4.98 Hospital - Section 430-65. 303-4.109 Kennel - Section 430-73. 303-4.1110 Public Building - Section 430-103. 303-4.1211 Public Utility - Section 430-105. 303-4.1312 Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. 303-4.1413 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. 303-4.1514 School - Section 430-121. 303-4.1615 Special Recreation Use - Section 430-131. 303-4.1716 Storage Area for Recreation Vehicles - Section 430-133. 303-4.17 Religious Institution Section 430-116. 4. Section 304 - R-9 DISTRICT (RESIDENTIAL 9 UNITS PER ACRE) 304-4 Uses Which May be Permitted Through a Type III Procedure The following uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 304-4.1 Access to an existing solid waste disposal site - Section 430-127.3. 304-4.2 Boarding House - (Includes Bed and Breakfast) - Section 430-19. 304-4.3 Campground - Section 430-25. 304-4.4 Cemetery - Section 430-27. 304-4.5 Church - Section 430-29.
Attachment A Proposed Amendments to August 12, 2013 Page 4 of 41 304-4.65 Golf Course (may include Country Club) - Section 430-51. 304-4.76 Group Care - Section 430-53.1 through 53.5. 304-4.87 Heliport (Personal use only) - Section 430-59. 304-4.98 Hospital - Section 430-65. 304-4.109 Kennel - Section 430-73. 304-4.1110 Public Building - Section 430-103. 304-4.1211 Public Utility - Section 430-105. 304-4.1312 Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. 304-4.1413 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. 304-4.1514 School - Section 430-121. 304-4.1615 Special Recreation Use - Section 430-131. 304-4.16 Religious Institution Section 430-116. 5. Section 305 - R-15 DISTRICT (RESIDENTIAL 15 UNITS PER ACRE) 305-4 Uses Which May Be Permitted Through a Type III Procedure 305-4.1 Access to an existing solid waste disposal site - Section 430-127.3. 305-4.2 Church - Section 430-29 305-4.32 Group Care - Section 430-53.1 through 53.5. 305-4.43 Heliport (Personal use only) - Section 430-59. 305-4.54 Kennel - Section 430-73.
Attachment A Proposed Amendments to August 12, 2013 Page 5 of 41 305-4.65 Professional Office - Section 430-101. 305-4.76 Public Building - Section 430-103. 305-4.87 Public Utility - Section 430-105. 305-4.98 Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. 305-4.109 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. 305-4.1110 Special Recreation Use Section 430-131. 305-4.11 Religious Institution Section 430-116. 6. Section 306 - R-24 DISTRICT (RESIDENTIAL 24 UNITS PER ACRE) 306-4 Uses Which May Be Permitted Through a Type III Procedure 306-4.1 Church Section 430-29. 306-4.21 Group Care - Section 430-53.1 through 53.5. 306-4.32 Heliport (Personal use only) - Section 430-59. 306-4.43 Kennel - Section 430-73. 306-4.54 Professional Office - Section 430-101. 306-4.65 Public Building - Section 430-103. 306-4.76 Public Utility - Section 430-105. 306-4.87 Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. 306-4.98 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. 306-4.109 Special Recreation Use Section 430-131.
Attachment A Proposed Amendments to August 12, 2013 Page 6 of 41 306-4.10 Religious Institution Section 430-116. 7. Section 308 - FUTURE DEVELOPMENT 20 ACRE DISTRICT (FD-20) 308-4 Uses Which May Be Permitted Through a Type III Procedure The following uses may be permitted unless specified otherwise by the applicable Community Plan or Policy 41 of the Comprehensive Framework Plan for the Urban Area. These uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 308-4.1 Cemetery - Section 430-27., except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-4.2 Church - Section 430-29., except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-4.32 Commercial Chicken or Rabbit Raising. 308-4.43 Commercial Greenhouse. 308-4.54 Commercial Equestrian Uses, including Training Tracks, Riding Arenas and Stables (See Boarding of Horses - Section 430-21). 308-4.65 Contractor s Establishment. 308-4.76 Day Care Facility - Section 430-53.2., except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-4.87 Public Building - Section 430-103; see also Section 308-7.1. 308-4.98 Public Utility - Section 430-105; see also Section 308-7.1.
Attachment A Proposed Amendments to August 12, 2013 Page 7 of 41 308-4.109 Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109; see also Section 308-7.1. 308-4.1110 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109; this use is prohibited in the North Bethany Subarea Plan. 308-4.1211 School - Section 430-121, except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-4.12 Religious Institution Section 430-116 except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-5 Prohibited Uses 308-5.5 Keeping of fowl for sale, keeping of swine (except for up to three (3) purebred potbelly pigs as household pets and not for breeding purposes) or operating a feed lot, except as provided in Section 308-4.31. 8. Section 309 - FUTURE DEVELOPMENT 10 ACRE DISTRICT (FD-10) 309-4 Uses Which May Be Permitted Through a Type III Procedure The following uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 309-4.1 Cemetery - Section 430.27. 309-4.2 Church - Section 430-29 309-4.32 Commercial Chicken or Rabbit Raising. 309-4.43 Commercial Greenhouse.
Attachment A Proposed Amendments to August 12, 2013 Page 8 of 41 309-4.54 Commercial Equestrian Uses, including Training Tracks, Riding Arenas and Stables (See Boarding of Horses - Section 430-21). 309-4.65 Contractor s Establishment. 309-4.76 Day Care Facility - Section 430-53.2. 309-4.87 Public Building - Section 430-103. 309-4.98 Public Utility - Section 430-105. 309-4.109 Facility 3 and 4 communication towers, to a maximum height of one-hundred (100) feet - Section 430-109. 309-4.1110 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. 309-4.11 Religious Institution Section 430-116. 309-5 Prohibited Uses 309-5.4 Keeping of fowl for sale, keeping of swine (except for up to three (3) purebred potbelly pigs as household pets and not for breeding purposes) or operating a feed lot, except as provided in Section 309-4.3.1. 9. Section 311 - NEIGHBORHOOD COMMERCIAL DISTRICT (NC) 311-4 Uses Which May Be Permitted Through a Type III Procedure The following uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 311-4.1 Churches - Section 430-29. 311-4.21 Public Buildings - such as a post office, police and fire stations at a scale oriented to the surrounding neighborhood - Section 430-103. 311-4.32 Public Utility - Section 430-105. 311-4.43 Special Recreation Use - Section 430-131.
Attachment A Proposed Amendments to August 12, 2013 Page 9 of 41 311-4.54 Food Market - with a maximum gross floor area of fifty thousand (50,000) square feet, limited to one (1) food market greater than five thousand (5000) square feet per neighborhood commercial center. 311-4.65 Communication Towers greater than two hundred (200) feet in height - Section 430-109. 311-4.76 Broadcast Towers Section 430-109. 311-4.7 Religious Institution Section 430-116. 10. Section 312 - OFFICE COMMERCIAL DISTRICT (OC) 312-3 Uses Which May Be Permitted Through a Type II Procedure 312-3.13 Membership Organizations andincluding churches.religious institutions. 11. Section 313 - COMMUNITY BUSINESS DISTRICT (CBD) 313-3 Uses Permitted Through a Type II Procedure 313-3.17 Membership Organizations - andincluding churches. religious institutions. 12. Section 330 - INSTITUTIONAL DISTRICT (INS) 330-5 Uses Which May be Permitted Through a Type III Procedure The following uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the
Attachment A Proposed Amendments to August 12, 2013 Page 10 of 41 general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 330-5.1 Airport - Section 430-7. 330-5.2 Ambulance Service - Section 430-9.2. 330-5.3 Campground - Section 430-25. 330-5.4 Cemetery - Section 430-27. 330-5.5 Change of Use from one Type III use to another Type III use. 330-5.6 Church - Section 430-29. 330-5.76 College - Section 430-31. 330-5.87 Golf Course - Section 430-51. 330-5.98 Group Care (except day car facilities which are permitted as a Type II use pursuant to Section 330-4.6 J.) - Section 430-53.1 through 430-53.5. 330-5.109 Heliport - Section 430-59. 330-5.1110 Hospital - Section 430-65. 330-5.1211Park and Ride Facility - Section 430-89. 330-5.1312Private ClubMembership Organization (not including public eating and drinking establishment) - Section 430-99. 330-5.1413Public Building - Section 430-103. 330-5.1514Public Utility - Section 430-105. 330-5.1615School - Section 430-121. 330-5.1716Transit Center - Section 430-137. 330-5.1817Communication Towers greater than two hundred (200) feet in height - Section 430-109. 330-5.1918Broadcast Towers Section 430-109. 330-5.19 Religious Institution Section 430-116.
Attachment A Proposed Amendments to August 12, 2013 Page 11 of 41 330-7.2 Screening and Buffering C. Screening and Buffering Type #2 (Section 411-6.2) shall be provided in conjunction with the following Institutional uses: (1) Ambulance Service; (2) Campground; (3) Religious InstitutionChurch; (4) College; (5) Group Care; (6) Private ClubMembership Organization 13. Section 340 - EXCLUSIVE FARM USE DISTRICT (EFU) 340-4 Uses Permitted Through a Type II Procedure 340-4.1 Permitted Uses which are exempt from Section 340-4.3: O. Schools - Elementary and Nursery only, including all buildings essential for school operation. For required standards see Section 430-121. This use is not permitted on high-value farmland, and shall not be approved on land within three (3) miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. Religious Institutions and Cemeteries in Conjunction with Religious Institutions - Section 430-116 and Section 430-27. This use is not permitted on high-value farmland. Religious institutions and cemeteries in conjunction with religious institutions within three (3) miles of an UGB must also comply with Section 340-6. 340-4.2 Permitted Uses which are subject to Section 340-4.3:
Attachment A Proposed Amendments to August 12, 2013 Page 12 of 41 K. Parks - Section 430-97. Private parks are not permitted on high-value farmland. Private parks on any other land must comply with OAR 660-033. Public parks include only the uses specified under OAR 660-034-0035 or OAR 660-034-0040, if applicable. Parks within three (3) miles of an UGB must also comply with Section 340-6. Q. State or Regional Park uses listed in a County-approved Master Plan. See Section 383, State and Regional Park Overlay District. The county may rely on findings addressing Section 340-4.3 provided at the time of Master Plan approval as evidence of compliance with ORS 215.296. State or regional parks within three (3) miles of an UGB must also comply with Section 340-6. R. Community centers - owned by a governmental agency or a nonprofit community organization and operated primarily by and for residents of the local rural community. Community centers within three (3) miles of an UGB must also comply with Section 340-6. T. Schools - Elementary and Nursery only, including all buildings essential for school operation. For required standards see Section 430-121. This use is not permitted on high value farmland. Schools within three (3) miles of an UGB must also comply with Section 340-6. 340-5 Uses Which May be Permitted Through a Type III Procedure The uses listed in Sections 340-5.1 and 340-5.2 may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. Unless the use is specifically exempted, the Review Authority shall make specific findings with respect to the standards in Section 340-5.3. A waiver of the right to remonstrate against commonly accepted farm or forest practices shall be recorded for each permitted use. 340-5.1 Uses which may be allowed, but are not subject to Section 340-5.3: A. Armed forces reserve center, including an armory or National Guard support facility, if the center is within one-half (1/2) mile of a community college. Armed forces reserve centers within three (3) miles of an UGB must also comply with Section 340-6. B. Churches and Cemeteries in Conjunction with Churches - Section 430-29. This use is not permitted on high-value farmland, and shall not be approved on land
Attachment A Proposed Amendments to August 12, 2013 Page 13 of 41 within three (3) miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. Firearms training facility as provided in ORS 197.770. Firearms training facilities within (3) miles of an UGB must also comply with Section 340-6. 340-5.2 Uses which may be allowed subject to Section 340-5.3: B. Campground - Section 430-25. This use is not permitted on high-value farmland, and shall not be approved on land within three (3) miles of an urban growth boundary UGB unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. Campgrounds within three (3) miles of an UGB must also comply with Section 340-6. D. Firearms training facility as provided in ORS 197.770. E.D.Golf Course - Section 430-50. This use is not permitted on high-value farmland. Golf courses within three (3) miles of an UGB must also comply with Section 340-6. F.E.Hunting and Fishing Preserves - Section 430-69. This use is not permitted on high-value farmland. Hunting and fishing preserves within three (3) miles of an UGB must also comply with Section 344-6. G.F.Living History Museum - Section 430-74. Living history museums within three (3) miles of an UGB must also comply with Section 340-6. H.G.Commercial dog boarding kennels or dog training classes or testing trials that cannot be established under Section 340-5.1(C). I.H Operations conducted for: (1) 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 340-4.1.H; (2) Mining, crushing or stockpiling of aggregate and other mineral and subsurface resources subject to the following: (a) A Development Permit is required for mining more than one thousand (1000) cubic yards of material or excavation preparatory to mining of a surface area of more than one (1) acre;
Attachment A Proposed Amendments to August 12, 2013 Page 14 of 41 (b) (c) A Development Permit for mining of aggregate shall be issued only for a site included on the mineral and aggregate inventory in the Rural Natural Resource Plan which has been acknowledged by the Land Conservation and Development Commission; and For the purposes of this Section, mining includes all or any part of the process of mining by the removal of overburden and the extraction of natural mineral deposits thereby exposed by any method including open-pit mining operations, auger mining operations, processing, surface impacts of underground mining, production of surface mining refuse and the construction of adjacent or off-site borrow pits except those constructed for use as access roads. Mining does not include excavations of sand, gravel, clay, rock or other similar materials conducted by a landowner or tenant on the landowner or tenant s property for the primary purpose of reconstruction or maintenance of access roads and excavation or grading operations conducted in the process of farming or cemetery operations, on-site road construction or other on-site construction or non-surface impacts of underground mines; (3) Processing, as defined by ORS 517.750, of aggregate into asphalt or Portland cement except processing of aggregate into asphalt cement when located within two (2) miles of a planted vineyard. Planted vineyard means one or more vineyards totaling forty (40) acres or more that are planted as of the date the application for batching and blending (processing) is filed. Asphalt batch plants approved on or before October 3, 1989, or a subsequent renewal of an existing approval, are exempted from this limitation and may be located within two (2) miles of a vineyard; and (4) Processing of other mineral resources and other subsurface resources. J.I. Public Building - limited to community centers owned and operated by a governmental agency or nonprofit community organization - Section 430-103. Public buildings within three (3) miles of an UGB must also comply with Section 340-6. K.J.Solid Waste Disposal Site - Section 430-127.2. This use is not permitted on high-value farmland. L.K.Utility Facility (commercial) for the generation of power for sale for public use - Section 430-141. M.L.Broadcast and Communication Towers greater than two hundred (200) feet in height - Section 430-109. N.M.Transmission towers over two hundred (200) feet in height.
Attachment A Proposed Amendments to August 12, 2013 Page 15 of 41 340-6 UGB Proximity Standards 340-6.1 No enclosed structure with a design capacity greater than one hundred (100) people, or group of enclosed structures with a total design capacity of greater than one hundred (100) people, shall be approved in connection with the use within three (3) miles of an UGB, unless an exception is approved pursuant to ORS 197.732 and OAR 660-004, or unless the structure is described in a master plan adopted under the provisions of OAR 660-034. 340-6.2 Any enclosed structures or group of enclosed structures described in Section 106-205 or within a tract must be separated by at least one-half mile. For purposes of this section, tract means a tract as defined by ORS 215.010(2) in existence as of June 17, 2010. 340-6.3 Existing facilities wholly within a farm use district may be maintained, enhanced or expanded on the same tract, subject to OAR 660-033. 340-76 Prohibited Uses 340-76.1 Structures or uses of land not specifically authorized by Section 340. 340-76.2 The use of a recreational vehicle for a residence, except as provided for under Section 430-135.2 A. 340-76.3 Outdoor advertising displays and structures except as provided in Section 414. 340-76.4 The location of service facilities which house groups of people and public assembly facilities in airport approach zones. These facilities shall be avoided within any existing June 1983, Airport year 2000 LDN fifty-five (55) contour. 340-76.5 Auto wrecking yards. 340-76.6 The outdoor parking or storage of any five (5) or more operable vehicles on a single lot or parcel for more than forty-eight (48) hours, except in conjunction with an approved development or with a farm use. 340-76.7 Any parking or storage of tractor trailers, semi-trucks, or heavy equipment, except in conjunction with an approved development or with a farm or forest use. 340-78 Creation of Lots or Parcels by a Land Division In addition to the standards listed below, all land divisions shall comply with the applicable standards of Section 610 (Land Divisions Outside the UGB).
Attachment A Proposed Amendments to August 12, 2013 Page 16 of 41 340-87.1 Creation of lots or parcels for farm use not less than eighty (80) acres through a Type II procedure - Section 424-1. 340-87.2 Creation of a lot or parcel for a nonfarm dwelling through a Type III procedure - Section 424-3. 340-87.3 Creation of a lot or parcel for a nonfarm use, not including a dwelling, through a Type II procedure - Section 424-4. 340-87.4 Creation of a parcel with an existing dwelling to be used for historic property through a Type II procedure - Section 424-5. 340-87.5 Creation of a parcel with an existing dwelling to be used as a residential home as defined in Subsection 106-179, through a Type III procedure - Section 424-6. 340-89 Dimensional Requirements 340-98.1 Lot Area: See Section 340-78 - Creation of Lots or Parcels. 340-98.2 Yard Requirements: 340-98.3 Height: The minimum yard requirements shall be: A. Thirty (30) foot front yard; B. Ten (10) foot side yard; C. Twenty (20) foot rear yard; D. Thirty (30) foot street side yard; and E. Additional setbacks may be required as specified in Section 418. A. The maximum height for dwellings and residential accessory structures shall be thirty-five (35) feet. B. Normal building appurtenances and projections such as spires, belfries, cupolas, chimneys, ventilators, elevator housings or other structures placed on or extending above roof level may exceed the thirty-five (35) foot building height limit to a maximum height of sixty (60) feet. C. 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.
Attachment A Proposed Amendments to August 12, 2013 Page 17 of 41 D. The height of telecommunication facilities are regulated by the Permitted Use sections of this Land Use District, Sections 201, 430-1, 430-109 and other applicable provisions of this Code. 340-98.4 Minimum Lot Width at the Street: 340-109 Access The minimum lot width at the street shall be thirty (30) feet, or the lot shall have an easement of record at least thirty (30) feet wide at the street or as approved by the appropriate fire marshal. All lots in this District shall either: 340-109.1 Abut a public street, or 340-109.2 Have an easement of record at least thirty (30) feet wide at the street, or as approved by the appropriate fire marshal. 340-109.3 Access roadways shall be approved, developed and maintained in accordance with the requirements of the appropriate fire protection agency for the geographical location. Where no fire protection agency has jurisdiction, access roadways shall meet the requirements of the nearest or most likely fire protection jurisdiction to annex the property under consideration. 340-1110 Article IV - Development Standards In addition to the requirements of this District, the standards of Article IV - Development Standards, including Section 422 (Significant Natural Resources), are applicable as required by Subsection 403-4. 14. Section 344 - AGRICULTURE AND FOREST DISTRICT (AF-20) 344-4 Uses Permitted Through a Type II Procedure 344-4.1 Permitted Uses which are exempt from Section 344-4.3: O. Schools - Elementary and Nursery only, including all buildings essential for school operation. For required standards see Section 430-121. This use is not
Attachment A Proposed Amendments to August 12, 2013 Page 18 of 41 permitted on high-value farmland, and shall not be approved on land within three (3) miles of an urban growth boundary Religious Institutions and Cemeteries in Conjunction with Religious Institutions - Section 430-116 and Section 430-27. This use is exempt from Section 344-5.3. This use is not permitted on high-value farmland. Religious institutions and cemeteries in conjunction with religious institutions within three (3) miles of an UGB must also comply with Section 344-6. 344-4.2 Permitted Uses which are subject to Section 344-4.3: K. Parks - Section 430-97. Private parks are not permitted on high-value farmland. Private parks on any other land must comply with OAR 660-033. Public parks include only the uses specified under OAR 660-034-0035 or OAR 660-034-0040, if applicable. Parks within three (3) miles of an UGB must also comply with Section 344-6. Q. State or Regional Park uses listed in a County-approved Master Plan. See Section 383, State and Regional Park Overlay District. The county may rely on findings addressing Section 344-4.3 provided at the time of Master Plan approval as evidence of compliance with ORS 215.296. State or regional parks within three (3) miles of an UGB must also comply with Section 344-6. R. Community centers - owned by a governmental agency or a nonprofit community organization and operated primarily by and for residents of the local rural community. Community centers within three (3) miles of an UGB must also comply with Section 344-6. T. Schools - Elementary and Nursery only, including all buildings essential for school operation. For required standards see Section 430-121. This use is not permitted on high value farmland. Schools within three (3) miles of an UGB must also comply with Section 344-6. 344-5 Uses Which May be Permitted Through a Type III Procedure 344-5.1 Uses which may be allowed, but are not subject to Section 344-5.3: A. Armed forces reserve center, including an armory or National Guard support facility, if the center is within one-half mile of a community college. Armed forces
Attachment A Proposed Amendments to August 12, 2013 Page 19 of 41 reserve centers within three (3) miles of an UGB must also comply with Section 344-6. B. Churches and Cemeteries in Conjunction with Churches - Section 430-29. This use is exempt from Section 344-5.3. This use is not permitted on high-value farmland, and shall not be approved on land within three (3) miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. Firearms Training Facility as provided in ORS 197.770. Firearms training facilities within (3) miles of an UGB must also comply with Section 344-6. 344-5.2 Uses which may be allowed subject to Section 344-5.3: B. Campground - Section 430-25. This use is not permitted on high-value farmland, and shall not be approved on land within three (3) miles of an urban growth boundary.ugb unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. Campgrounds within three (3) miles of an UGB must also comply with Section 344-6. D. Firearms training facility as provided in ORS 197.770. E.D.Golf Course - Section 430-50. This use is not permitted on high-value farmland. Golf courses within three (3) miles of an UGB must also comply with Section 344-6. F.E.Hunting and Fishing Preserves - Section 430-69. This use is not permitted on high-value farmland. Hunting and fishing preserves within three (3) miles of an UGB must also comply with Section 344-6. G.F.Living History Museum - Section 430-74. Living history museums within three (3) miles of an UGB must also comply with Section 344-6. H. G.Commercial dog boarding kennels or dog training classes or testing trials that cannot be established under Section 340-5.1(C). I.H. Operations conducted for: (1) 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 340-4.1.H; (2) Mining, crushing or stockpiling of aggregate and other mineral and subsurface resources subject to the following:
Attachment A Proposed Amendments to August 12, 2013 Page 20 of 41 (a) (b) (c) A Development Permit is required for mining more than one thousand (1000) cubic yards of material or excavation preparatory to mining of a surface area of more than one (1) acre; A Development Permit for mining of aggregate shall be issued only for a site included on the mineral and aggregate inventory in the Rural Natural Resource Plan which has been acknowledged by the Land Conservation and Development Commission; and For the purposes of this Section, mining includes all or any part of the process of mining by the removal of overburden and the extraction of natural mineral deposits thereby exposed by any method including open-pit mining operations, auger mining operations, processing, surface impacts of underground mining, production of surface mining refuse and the construction of adjacent or off-site borrow pits except those constructed for use as access roads. Mining does not include excavations of sand, gravel, clay, rock or other similar materials conducted by a landowner or tenant on the landowner or tenant s property for the primary purpose of reconstruction or maintenance of access roads and excavation or grading operations conducted in the process of farming or cemetery operations, on-site road construction or other on-site construction or non-surface impacts of underground mines; (3) Processing, as defined by ORS 517.750, of aggregate into asphalt or Portland cement except processing of aggregate into asphalt cement when located within two (2) miles of a planted vineyard. Planted vineyard means one or more vineyards totaling forty (40) acres or more that are planted as of the date the application for batching and blending (processing) is filed. Asphalt batch plants approved on or before October 3, 1989, or a subsequent renewal of an existing approval, are exempted from this limitation and may be located within two (2) miles of a vineyard; and (4) Processing of other mineral resources and other subsurface resources. J.I. Public Building - limited to community centers owned and operated by a governmental agency or nonprofit community organization - Section 430-103. Public buildings within three (3) miles of an UGB must also comply with Section 344-6. K.J.Solid Waste Disposal Site - Section 430-127.2. This use is not permitted on high-value farmland. L.K.Utility Facility (commercial) for the generation of power for sale for public use - Section 430-141.
Attachment A Proposed Amendments to August 12, 2013 Page 21 of 41 M.L.Broadcast and Communication Towers greater than two hundred (200) feet in height - Section 430-109. N.M.Transmission towers over two hundred (200) feet in height. 344-6 UGB Proximity Standards 344-6.1 No enclosed structure with a design capacity greater than one hundred (100) people, or group of enclosed structures with a total design capacity of greater than onehundred (100) people, shall be approved in connection with the use within three (3) miles of an UGB, unless an exception is approved pursuant to ORS 197.732 and OAR 660-004, or unless the structure is described in a master plan adopted under the provisions of OAR 660-034. 344-6.2 Any enclosed structures or group of enclosed structures described in Section 106-205 or within a tract must be separated by at least one-half mile. For purposes of this section, tract means a tract as defined by ORS 215.010(2) in existence as of June 17, 2010. 344-6.3 Existing facilities wholly within a farm use district may be maintained, enhanced or expanded on the same tract, subject to OAR 660-033. 344-76 Prohibited Uses 344-67.1 Structures or uses of land not specifically authorized by Section 344. 344-67.2 The use of a recreational vehicle for a residence, except as provided for under Section 430-135.2 A. 344-67.3 Outdoor advertising displays and structures except as provided in Section 414. 344-67.4 The location of service facilities which house groups of people and public assembly facilities in airport approach zones. These facilities shall be avoided within any existing, June, 1983 airport year 2000 LDN fifty-five (55) contour. 344-67.5 Auto wrecking yards. 344-67.6 The outdoor parking or storage of any five (5) or more operable vehicles on a single lot or parcel for more than forty-eight (48) hours, except in conjunction with an approved development or with a farm use. 344-67.7 Any parking or storage of tractor trailers, semi-trucks, or heavy equipment, except in conjunction with an approved development or with a farm or forest use.
Attachment A Proposed Amendments to August 12, 2013 Page 22 of 41 344-78 Creation of Lots or Parcels by a Land Division In addition to the standards listed below, all land divisions shall comply with the applicable standards of Section 610 (Land Divisions Outside the UGB). 344-78.1 Creation of lots or parcels for farm use not less than eighty (80) acres or more through a Type II procedure - Section 424-1. 344-78.2 Creation of a lot or parcel for a nonfarm dwelling through a Type III procedure - Section 424-3. 344-78.3 Creation of lots or parcels for nonfarm uses, not including a dwelling, through a Type II procedure - Section 424-4. 344-78.4 Creation of a parcel with an existing dwelling to be used for historic property through a Type II procedure - Section 424-5. 344-78.5 Creation of a parcel with an existing dwelling to be used as a residential home, as defined in SubsSection 106-179, through a Type III procedure - Section 424-6. 344-89 Marginal Lands 344-89.1 Designation of Marginal Lands through a Type II procedure - Section 425. 344-89.2 All uses allowed under Section 344-3, 344-4 and 344-5 are allowed on marginal lands under the same procedures and standards. 344-89.3 Uses permitted through a Type I Procedure. The following uses are permitted subject to the applicable standards as set forth in Article IV and as may otherwise be indicated: A. Detached dwelling (one) on any size lot or parcel: (1) If the lot or parcel were created prior to July 1, 1983; (2) Is subject to all flood plain or hazard area regulations; and (3) When the applicant signs and records, in agreement form, in the Deed and Mortgage Records of the County, a waiver of the right to remonstrate against commonly accepted farm or forest practices which may occur on adjacent lands. B. Intensive farm or forest operations including but not limited to farm use as defined in ORS 215.203. C. Part-time farms.
Attachment A Proposed Amendments to August 12, 2013 Page 23 of 41 D. Wood lots. 344-89.4 Other than the additional uses of Section 344-98.3 all lands designated marginal are subject to all of the other provisions of the AF-20 District. 344-89.5 Land designated as marginal shall not qualify for assessment as zoned farmland. 344-910 Dimensional Requirements 344-910.1 Lot area: See Section 344-87 - Creation of Parcels. 344-910.2 Yard Requirements: 344-910.3 Height: The minimum requirements shall be: A. Thirty (30) foot front yard; B. Ten (10) foot side yard;. C. Twenty (20) foot rear yard; D. Thirty (30) foot street side yard; and E. Additional setbacks may be required as specified in Section 418. A. The maximum height for dwellings and residential accessory structures shall be thirty-five (35) feet. B. Normal building appurtenances and projections such as spires, belfries, cupolas, chimneys, ventilators, elevator housings or other structures placed on or extending above roof level may exceed the thirty-five (35) foot building height limit to a maximum height of sixty (60) feet. C. No structure or structural part shall exceed height standards established for any airport in the County established in accordance with Federal Aviation Administration s Aviation Regulations. D. The height of telecommunication facilities are regulated by the Permitted Use sections of this Land Use District, Sections 201, 430-1, 430-109 and other applicable provisions of this Code. 344-910.4 Minimum lot width at the street:
Attachment A Proposed Amendments to August 12, 2013 Page 24 of 41 344-1011 Access The minimum width at the street shall be thirty (30) feet, or the lot shall have an easement of record at least thirty (30) feet wide at the street, or as approved by the appropriate fire marshal. All lots in this District shall either: 344-1011.1 Abut a public street; or 344-1011.2 Have an easement of record at least thirty (30) feet wide at the street or as approved by the appropriate fire marshal. 344-1011.3 Access roadways shall be approved, developed and maintained in accordance with the requirements of the appropriate fire protection agency for the geographic location. Where no fire protection agency has jurisdiction, access ways shall meet the requirements of the nearest or most likely fire protection jurisdiction to annex the property under consideration. 344-1112 Article IV - Development Standards In addition to the requirements of this District, the standards of Article IV - Development Standards, including Section 422 (Significant Natural Resources), are applicable as required by Subsection 403-4. 15. Section 346 - AGRICULTURE AND FOREST DISTRICT (AF-10) 346-4 Uses Which May be Permitted Through a Type III Procedure 346-4.1 Uses which may be allowed: A. Airport, including associated hangar, maintenance and service facilities - Section 430-7. B. Campground - Section 430-25. C. Cemetery - Section 430-27. D. Church - Section 430-29. E.D.Contractor s establishment Section 430-34.
Attachment A Proposed Amendments to August 12, 2013 Page 25 of 41 F.E.Day Care Facility - Section 430-53.2. G.F.Golf Course - Section 430-50. H.G.Heliport - Section 430-59. I.H. Housing for Seasonal Farm and Forest Labor - Section 430-67. J.I.Hunting and Fishing Preserve (including Trout Farm) -Section 430-69. K.J.Kennel - Section 430-73. L.K.Operation for Exploration of Geothermal Resources as defined by ORS 522.005. M.L.Private ClubMembership Organization - Section 430-99. N.M.Public Building, limited to Governmental Structures, community buildings and museums, which serve the local area - Section 430-103. O.N.School - Section 430-121. P.O.Shooting Clubs - Section 430-125. Q.P.Solid Waste Disposal Site - Section 430-127. R.Q. Utility Facility (Commercial) for the generation of power for sale for public use - Section 430-141. S.R.Veterinary or Animal Hospital. T.S. Winery - May include accessory tasting room and incidental sales - Section 430-145.2. U.T.Outdoor Performing Arts Center - Section 430-88. V.U.Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. W.V.Emergency Response/Safety Training Center - Section 430-44. X.W.Home Occupation - Section 430-63.3. Y.X.Broadcast Towers to a maximum height of one hundred (100) feet - Section 430-109. Y. Religious Institution Section 430-116.
Attachment A Proposed Amendments to August 12, 2013 Page 26 of 41 16. Section 348 - AGRICULTURE AND FOREST DISTRICT (AF-5) 348-4 Uses Which May be Permitted Through a Type III Procedure 348-4.1 Uses which may be allowed: A. Airport, including associated hangar, maintenance and service facilities - Section 430-7. B. Campground - Section 430-25. C. Cemetery - Section 430-27. D. Church - Section 430-29. E.D.Contractor s Establishment Section 430-34. F.E.Day Care Facility - Section 430-53.2. G.F.Golf Course - Section 430-50. H.G.Heliport - Section 430-59. I.H. Housing for Seasonal Farm and Forest Labor - Section 430-67. J.I.Hunting and Fishing Preserve (including a trout farm) Section 430-69. K.J.Kennel - Section 430-73. L.K.Operation for Exploration of Geothermal Resources as defined in ORS 522.005. M.L.Private ClubMembership Organization - Section 430-99. N.M.Public Building, limited to Governmental Structures, community buildings and museums, which serve the local area - Section 430-103. O.N.Schools - Section 430-121. P.O.Shooting Clubs - Section 430-125. Q.P.Utility Facility (Commercial) for the generation of power for sale for public use and transmission towers over two hundred (200) feet in height - Section 430-141.
Attachment A Proposed Amendments to August 12, 2013 Page 27 of 41 R.Q.Veterinary or Animal Hospital. S.R.Winery - May include accessory tasting room and incidental sales - Section 430-145.2. T.S.Emergency Response/Safety Training Center - Section 430-44. U.T.Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. V.U.Home Occupation - Section 430-63.3. W.V.Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. W. Religious Institution - Section 430-116. 17. Section 350 - RURAL RESIDENTIAL FIVE ACRE MINIMUM DISTRICT (RR-5) 350-4 Uses Which May be Permitted Through a Type III Procedure 350-4.1 Uses which may be allowed: A. Airport, including associated hangar, maintenance and service facilities - Section 430-7. B. Cemetery - Section 430-27. C. Church - Section 430-29. D.C.Golf Course, Country Club - Section 430-50. E.D.Day Care Facility - Section 430-53.2. F.E.Heliport - Section 430-59. G.F.Kennel - Section 430-73. H.G.Operation for Exploration of Geothermal Resources as defined by ORS 522.005.
Attachment A Proposed Amendments to August 12, 2013 Page 28 of 41 I.H. Public Buildings, limited to governmental structures, community buildings and museums, which serve the local area - Section 430-103. J.I.Public Utility - Section 430-105. K.J.Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. L.K.School - Section 430-121. M.L.Special Recreation Use - Section 430-131. N.M.Storage Area for Recreation Vehicles (Community) Camper, Travel Trailer, Mobile Home, Boat - Section 430-133. O.N.Veterinary or Animal Hospital. P.O.Winery - May include accessory tasting room and incidental sales - Section 430-145.2. Q.P.Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. Q. Religious Institution - Section 430-116. 18. Section 352 - RURAL COMMERCIAL DISTRICT (R-COM) 352-3 Uses Which May Be Permitted Through a Type II Procedure 352-3.1 Permitted Uses: A. Ambulance Service - Section 430-9. B. Auto Repair within an enclosed building. C. Bus and Train Terminals. D. Church Section 430-29. D.E.Commercial Recreation Facilities such as indoor theaters, bowling alleys, indoor skating rinks or similar uses when: (1) The use is conducted wholly within a fully enclosed building; and
Attachment A Proposed Amendments to August 12, 2013 Page 29 of 41 (2) Yards are no less than fifty (50) feet from any abutting residential, agriculture and forest, or natural resource district boundaries. E.F.Contractor s establishment for such things as installation of drain tiles, logging contractor, farming contractor and similar uses Section 430-34. F.G.Eating and Drinking Establishments. G.H.Fabrication, Processing and Repair Facilities, appropriate for the rural community and which serve the rural/natural resource population base. These uses are exempt from Section 352-3.2. H.I.Farm or forest related equipment, machinery or truck repair, including associated service parts facilities, within an enclosed building. These uses are exempt from Section 352-3.2. I.J. Farm or forest implement equipment and related merchandise sales when the sales area is fenced or a landscaped buffer is provided. These uses are exempt from Section 352-3.2. J.K.Institutional uses, including institutions for human care, educational, social institutions including but not limited to grange hall, community center, public buildings and service institutions, serving the local area, when the application includes: (1) A total site plan indicating any proposed buildings, parking, landscaping and future phased development; and (2) A schedule for development. K.L.Lumber Yard, provided there is: (1) A site obscuring fence no higher than eight (8) feet; or (2) A Type #3 landscape buffer approved through Development Review. (3) This use is exempt from Section 352-3.2. L.M.Offices. M.N.Open air businesses, except as provided for by Section 430-135.1 B. (1) and (2), for the sale of farm or forest products for such uses as plant material, produce and firewood. These uses are exempt from Section 352-3.2. N.O.Personal Service Establishment.
Attachment A Proposed Amendments to August 12, 2013 Page 30 of 41 O.P.Public Building, limited to governmental structures, community buildings and museums, serving the local area - Section 430-103. P.Q.Public Utility - Facilities necessary for public service (except commercial facilities for the purpose of generating power for public use by sale) - Section 430-105.3 through 430-105.7. Q.R.Private ClubMembership Organization - Section 430-99. R.S.Radio Station. S.T.Recycling Center - Section 430-115. T.U.Sale of merchandise in an enclosed building. U.V.Service Station and/or Car Wash - Section 430-123. V.W.Temporary Use - Section 430-135.2 A. This use is exempt from Section 352-3.2. W.X.A Type I or Type II Home Occupation in a nonconforming residence as an interim temporary use subject to the standards of Section 430-63.1 - Type I Home Occupation or Section 430-63.2 - Type II Home Occupation. This use is exempt from Section 352-3.2. X.Y.Veterinarian or Animal Hospital. Y.Z.Winery, including a tasting room and sales - Section 430-145.2. Z.AA.Communication Towers greater than seventy-five (75) feet and up to two hundred (200) feet in height - Section 430-109. AA.BBUses Accessory and Incidental to an Allowed Use: (1) Garages for storage and maintenance of motor vehicles used by the principal use. (2) Storage of motor fuels and lubricating oils for vehicles used by the principal use. (3) Maintenance and utility shops for equipment used by the principal use. (4) Central heating, air conditioning and refrigeration plants. (5) Water storage, drainage and treatment facilities.
Attachment A Proposed Amendments to August 12, 2013 Page 31 of 41 (6) Buildings for storage of documents, records, testing and research equipment, experimental models and other personal property related to the principal use. (7) Day care facilities primarily for employees. (8) Electrical substations. BB.CC.Co-located antennas, not otherwise allowed through a Type I Procedure Section 430-109. CC. Religious Institution Section 430-116. 19. Section 354 - RURAL INDUSTRIAL DISTRICT (R-IND) 354-3 Uses Permitted Through a Type II Procedure 354-3.1 Permitted Uses: E. Public Building, limited to governmental structures, community buildings and museums, which serve the local area - Section 430-103. 20. Section 356 - LAND EXTENSIVE INDUSTRIAL DISTRICT (MAE) 356-3 Uses Permitted Through a Type II Procedure 356-3.1 The following uses are permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the intent and purpose and the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. A waiver of the right to remonstrate against commonly accepted farm or forest practices shall be recorded for each permitted use. H. Public Building, limited to governmental structures, community buildings and museums, which serve the local area - Section 430-103.
Attachment A Proposed Amendments to August 12, 2013 Page 32 of 41 21. Section 375 - TRANSIT ORIENTED DISTRICTS 375-7 Development Limitations for Permitted Uses in Transit Oriented Districts The following use or design limitations apply where specified in Table A: 19. Churches Religious Institutions in the TO:RC, TO:BUS and TO:EMP Districts shall share all needed parking with other uses. Churches Religious Institutions in the TO:R9-12, TO:R12-18, TO:R18-24, TO:R24-40, TO:R40-80 and TO:R80-120 Districts shall be located on sites that do not exceed seven (7) acres in size.
Attachment A Proposed Amendments to August 12, 2013 Page 33 of 41 Table A. Permitted and Prohibited Uses in Transit Oriented Districts (continued) DISTRICT USE TO:RC TO:BUS TO:EMP TO:R9-12 TO:R12-18 TO:R18-24 TO:R24-40 TO:R40-80 TO:R80-120 Residential Uses (continued): Group Care Sections 430-53.1 and 430-53.4 (27) II II N II II II II II II Group Care - Section 430-53.7 II or III N N N II II II (32.a.) (32.b.-d.) II II Expansion of a Type I, II or III use I I I I I I I I I Change of use for a Type I, II or III use I I I I I I I I I Accessory Dwelling Units (Section 430-117.2) N N N II II N N N N Industrial Uses: Manufacturing N N II N N N N N N Research and Development N N II N N N N N N Warehouses N N II (16) N N N N N N Equipment Storage N N II (17) N N N N N N Expansion of a Type I or III use N N I N N N N N N Change of use for a Type II or III use N N I N N N N N N Institutional Uses: (18) Hospitals N N N N N N N N N Churches Religious Institutions(19) II II III III III III III III III Elementary Schools (20) N N N III III N N N N Schools (middle, high, colleges) N N N N N N N N N Public Buildings III III III III III III III III III Expansion of a Type II or III use I I I I I I I I I Change of use for a Type II or III use I I I I I I I I I
Attachment A Proposed Amendments to August 12, 2013 Page 34 of 41 22. Section 390 - NORTH BETHANY SUBAREA OVERLAY DISTRICT 390-15 Institutional North Bethany District (INST NB) 390-15.1 Intent and Purpose The INST NB District is intended to implement the policies of the Comprehensive Plan and the North Bethany Subarea Plan by providing standards and procedures for existing quasi-public institutional facilities and future public facilities and services in the North Bethany Subarea. The purpose of the District is to provide for identification of existing quasi-public institutional facilities (churchreligious institution, cemetery) and future public institutional uses and services (e.g., schools, fire station, parks) identified through the planning of the North Bethany Subarea. The District is intended to allow public and quasi-public service providers the assurance that future sites identified through the North Bethany planning process will be available for the uses specifically identified when they are needed. 390-15.4 Uses Which May be Permitted Through a Type III Procedure A. Cemetery - Section 430-27. B. Church Section 390-16.1. CB.Nursery (Pre-School) Section 390-16.9. DC.Public Building limited to fire station, library, and other uses accessory to the primary use (e.g., community meeting room[s] Section 390-16.10. ED.School Section 390-16.11. FE. Park and Ride Facility new facilities; see Section 430-89. F. Religious Institution Section 430-116. 390-16 Special Use Standards In addition to the requirements of Section 390 and Sections 400 through 429, the following standards are provided for specific uses. 390-16.1 Church (Religious Institution)
Attachment A Proposed Amendments to August 12, 2013 Page 35 of 41 A building or other development used for a faith based organization such as a church, mosque, temple or synagogue; together with its accessory uses and buildings, including but not limited to monasteries, offices, schools, and living quarters for caretakers. A building constructed or utilized primarily for public worship, together with its accessory uses and buildings, including rectory, parsonage, and living quarters for custodians and caretakers, where persons regularly assemble for religious worship and which is controlled by a religious body organized to sustain public worship. 390-16.8 Membership Organization A Membership Organization includes buildings and grounds used for and operated by a nonprofit organization, whose membership is by invitation and election according to qualifications in the organization s charter or bylaws. The use of the organization s facilities is primarily restricted to members and their guests. Membership Organizations may be allowed subject to the following: A. Yard Requirements: The minimum yard requirements shall be: (1) Twenty (20) foot front yard; in the Institutional North Bethany Land Designation, the front yard setback is fifteen (15) feet. (2) Side and rear yard setbacks: Twenty (20) feet. This distance shall increase by five (5) feet for each story in excess of two (2) stories. (3) On a corner lot, the side or rear yard abutting the street shall be twenty (20) feet. B. A minimum ten (10) foot landscape area shall be provided in all required yards that abut land with a residential designation and shall be: (1) Free from all parking and loading areas, refuse and recyclable storage areas and utility facilities, except that ground-mounted utility boxes no greater than thirty-six (36) inches in height may be located provided that they adequately screened with low-growing shrubs or other similar landscape screen; and (2) Planted with the following landscaping placed every one hundred (100) lineal feet of landscape area: Four (4) canopy trees Four (4) understory trees Ten (10) shrubs
Attachment A Proposed Amendments to August 12, 2013 Page 36 of 41 C. Existing mature landscaping may be incorporated into the required landscape area. D. Gaps in fences, walls or landscaping are allowed if required by Section 408. 23. Section 413 - PARKING AND LOADING 413-7 Minimum Off-Street Parking Requirements The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following: 413-7.1 Residential: USE MINIMUM NUMBER OF STANDARD OFF- STREET PARKING SPACES PER UNIT OF MEASURE A. Detached One (1) per each dwelling unit 413-7.2 B. Attached including duplex (1) 1 Bedroom or Studio One (1) per each dwelling unit (2) 2 Bedroom One and five-tenths (1.5) per each dwelling unit (3) 3 or more Bedroom One and seventy-five hundredths (1.75) each per dwelling unit C. Boarding House One (1) space for each sleeping room D. Manufactured Dwelling Two (2) per each dwelling unit Institutional: A. A. B. Churches, temples, or buildings of similar use with fixed seats Assembly Halls including religious institutions, temples, mosques, lodge halls, meeting halls, theaters, auditoriums and community centers or buildings of a similar use Golf Course, Recreational Facilities, Sports Club, and Tennis or Racquetball Club (1) Golf course open to the public, except miniature par-3 course One (1) space for each two (2) seats Fixed Seats: One (1) space for each three (3) seats Without Fixed Seats: One (1) space for each four (4) persons allowed by maximum seating capacity as established by fire, building, or health codes Four (4) for each one (1) golf hole and one (1) for each employee
Attachment A Proposed Amendments to August 12, 2013 Page 37 of 41 C. USE (2) Private golf clubs (3) Recreational facilities and sports clubs (4) Tennis or racquetball clubs Homes for the aged and convalescent homes D. Hospitals E. F. Libraries, museums, and post office buildings. Lodge halls, meeting halls and community centers or buildings of similar use without fixed seats. G.F. Passenger Terminal (bus, air or rail) H.G. I.H. J.I. Public office building not specified elsewhere Schools MINIMUM NUMBER OF STANDARD OFF- STREET PARKING SPACES PER UNIT OF MEASURE Parking will be based on a parking study submitted at the time of application for the use. Parking shall be reviewed through the same procedure as required for the use Four and three-tenths (4.3) spaces for each thousand (1000) square feet of gross floor area One (1) space for each thousand (1000) square of gross floor area One (1) space for each four (4) beds, plus one (1) space for each employee, including nurses, on maximum working shift One (1) for each two (2) patient beds, plus one (1) space for each staff or visiting doctor and each employee, including nurses, on maximum working shift One (1) for each five hundred (500) square feet of gross floor area, plus one (1) space for each employee employed therein One (1) for each four (4) persons allowed by the maximum seating capacity as established by fire, building or health codes One (1) space for each one thousand (1,000) square feet of gross floor area plus one space for each two (2) employees Two and seven-tenths (2.7) for each thousand (1000) square feet of gross floor area (1) Preschool child care (day nurseries) Two spaces plus one (1) for each employee One (1) for each one (1) teacher and (2) Elementary and junior high school administrator, in addition to the requirements of the auditorium (3) Senior high schools and colleges One (1) for each five (5) students and staff Stadium, sports arena or similar place of assembly One (1) for each three (3) seats or six (6) feet of benches, and one (1) for each employee on a maximum working shift K. Theaters and auditoriums One (1) for each three (3) seats L.J. M.K. Telecommunication Facilities (unmanned) subject to Section 430-109 Telecommunication Facilities (manned) subject to Section 430-109 One (1) space per tower. The Review Authority may waive this requirement if the applicant can demonstrate that there is available on-site parking, on-street parking, leased or shared parking with adjacent or nearby uses authorized for use by a written agreement Two (2) spaces plus one space for each two (2) employees
Attachment A Proposed Amendments to August 12, 2013 Page 38 of 41 413-7.3 Business and Commercial: Assembly halls, without fixed seats for commercial recreation including pools or A. billiard parlors, dance halls, skating rinks and exhibition halls or buildings for similar assembly uses B.A. Auto wash C.B. Automobile service station D.C. Beauty parlor or barber shop E.D. Bowling alleys F.E. Commercial schools G.F. H.G. I.H. J.I. K.J. Drive-in restaurant or similar drive-in used for the sale of beverages, food or refreshments for consumption off the premises Establishments for sale and consumption on the premises of beverages, food or refreshments Furniture and appliances, household equipment, repair shops, showroom of plumber, decorator, electrician or similar trade, shoe repair and other similar uses Laundromats and coin-operated dry cleaners Miniature or par 3 golf courses L.K. Mortuary M.L. N.M. O.N. Motel, hotel or other commercial lodging establishment Motor vehicle and service establishments Retail stores, except as otherwise specified herein One (1) space for each hundred (100) square feet of gross floor area used for permitted use One (1) for each employee. In addition, adequate waiting space for autos provided on the premises to accommodate fifty (50) percent of the hourly rate of capacity Two (2) for each lubrication, stall rack or pit; and one (1) for each gasoline pump Three (3) spaces for each of the first two (2) beauty or barber chairs, and one and onehalf (1 ½) spaces for each additional chair Four (4) for each one (1) bowling lane, plus one (1) for each employee on a maximum working shift To be determined through Development Review Nine and nine-tenths (9.9) per thousand (1000) square feet of gross floor area Fifteen and three-tenths (15.3) per thousand (1000) square feet of gross floor area One (1) for each eight hundred (800) square feet of usable floor each used in processing, plus one (1) for each employee on maximum working shift One (1) for each two (2) washing machines Three (3) for each one (1) hole plus one (1) for each employee One (1) for each fifty (50) square feet of usable floor space, plus one (1) for each employee on maximum working shift One (1) for each one (1) unit for occupancy, plus extra spaces for dining rooms, ballrooms or meeting rooms as required by Section 413-7.3 A and H above, where the capacity of such areas exceeds the number of beds in the building One (1) for each two hundred (200) square feet of usable floor space sales room and one (1) for each one (1) auto service stall in the service room Four and one-tenth (4.1) for each thousand (1000) square feet of gross area
Attachment A Proposed Amendments to August 12, 2013 Page 39 of 41 413-7.4 Offices: A. Banks B. C. 413-7.5 Industrial: A. B. C. Business offices or professional offices except as indicated pursuant to Section 413-7.4 C Professional offices of doctors, dentists, or similar professions Industrial or research establishments, wholesale establishments, and industrial park Wholesale less than one hundred fifty thousand (150,000) gross square feet in size Warehouses greater or equal to one hundred fifty thousand (150,000) gross square feet in size Four and three-tenths (4.3) for each thousand (1000) square feet of gross floor area Two and seven-tenths (2.7) for each thousand (1000) square feet of gross floor area Three and nine-tenths (3.9) for each thousand (1000) feet of gross floor area One and six-tenths (1.6) for each thousand (1000) square feet of gross floor area Five-tenths (0.5) for each thousand (1000) square feet of gross floor area Three-tenths (0.3) for each thousand (1000) gross square feet of floor area 24. Section 430 - SPECIAL USE STANDARDS 430-99 Private ClubMembership Organization A Private ClubMembership Organization includes buildings and grounds used for and operated by a nonprofit organization, whose membership is by invitation and election according to qualifications in the club's charter or bylaws. The use of the club's facilities is primarily restricted to members and their guests. Private clubsmembership Organizations may be allowed subject to the following: 430-29430-116 Church (Religious Institution) A building or other development used for a faith based organization such as a church, mosque, temple or synagogue; together with its accessory uses and buildings, including but not limited to monasteries, offices, schools, and living quarters for caretakers.a building constructed or utilized primarily for public worship, together with its accessory uses, and buildings where persons regularly assemble for religious worship and which is controlled by a religious body organized to sustain public worship. 430-11629.1 There shall be a minimum lot area of twenty thousand (20,000) square feet. Additional area may be required based on the extent of the proposal;
Attachment A Proposed Amendments to August 12, 2013 Page 40 of 41 430-11629.2 Inside the Urban Growth Boundary, when access is proposed to a local street the access shall be located within three hundred (300) feet of an intersection with a collector or an arterial. 430-11629.3 The minimum front yard for buildings under forty-five (45) feet in height shall be thirty (30) feet; 430-11629.4 The minimum front yard for buildings over forty-five (45) feet in height shall be forty-five (45) feet; 430-11629.5 The minimum side or rear yards for buildings shall be as follows: Under 15 feet in height 20 feet 15-24 feet in height 25 feet 25-34 feet in height 30 feet 35-44 feet in height 35 feet 45-54 feet in height 40 feet 55+ feet in height 50 feet 430-11629.6 Signage shall be subject to the standards outlined under Section 414-2 (Institutional Districts); except as provided otherwise in the Institutional District (Section 330-9). 430-116.7 Building heights shall be subject to the standards outlined under Section 330 (Institutional District).
Attachment A Proposed Amendments to August 12, 2013 Page 41 of 41 430-135 Temporary Use 430-135.1 Type I: A temporary use is one of an impermanent nature, or one used for a limited time. I. Temporary ChurchReligious Institution in the Industrial District (Section 320) A church religious institution may be allowed as a temporary use in the Industrial District when the following standards are met: (1) The churchreligious institution is located in an existing building in an Industrial Business Park which has been approved through Section 430-71; (2) ChurchReligious Institution activities shall be limited to: (a) (b) Weekend and evening activities; and Weekday uses that are permitted uses in the Industrial District; and (3) The temporary permit shall be valid for five (5) years. Through a Type I procedure, the temporary permit may be extended once for a period to not exceed three (3) years.
PAPA 009 13, Washington County Page 2 of 2 7.10.13 Best Regards, Anne Debbaut Metro Regional Representative Department of Land Conservation and Development anne.debbaut@state.or.us 503.725.2182 cc: Andy Back, Washington County, Planning and Development Services Manager (email) Aisha Willits, Washington County, Principal Planner (email) Katherine Daniels, Rob Hallyburton, DLCD (email) DLCD Staff Files (email)
Attachment A July 31, 2013 Page 1 of 5 Response to Planning Commissioner Comments Planning Commissioner Mary Manseau and Chair San Soucie submitted written comments on to staff on July 16, and several commissioners posed questions at the July 17, 2013 Planning Commission hearing. Responses to those questions are provided below. Many of the issues have been addressed through the proposed engrossments shown in Attachment B. Please review the attached proposed engrossment exhibits concurrently with this attachment. Definition of Religious Institution At the July 17 hearing, Commissioners Manseau and Petrillo expressed concern regarding the definition of religious institution that was proposed in the filed ordinance. The commissioners thought the definition s inclusion of the phrase primarily for place of worship did not adequately describe the true nature of the term religious institution. Response: During the hearing, Commissioner Petrillo recommended that staff consult with Ecumenical Ministries of Oregon (EMO) on an appropriate definition. Staff contacted EMO staff who agreed to provide a definition, but as of this writing, staff has not received EMO s response. After the hearing, Commissioner Petrillo provided staff with the following proposed definition for Religious Institution: Religious Institution means a building or structure and/or use, or group of buildings of structures, including, but not limited to, temples, rectories, monasteries, and convents, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith. Religious institutions shall include, but are not limited to, chapels, churches, mosques, synagogues and temples. Staff believes this definition has merit, but has some minor concerns with some aspects of this proffered definition. One of the concerns was this definition s circular use of the term religious services to define a religious institution. Therefore, staff proposes some modifications to the definition provided by Commissioner Petrillo, as shown: Religious Institution - A building or place constructed for a faith-based organization such as a church, mosque, temple or synagogue; together with its accessory uses and buildings, including but not limited to monasteries, offices, schools, and living quarters for caretakers. Staff proposes including the term faith-based organization as a defining characteristic. Staff also added the accessory uses normally associated with churches, mosques, synagogues, or other places of worship to the definition.
Attachment A July 31, 2013 Page 2 of 5 Staff has included the term place in the definition, in response to the Planning Commission s comments that religious institutions may not be limited to buildings. However, when staff surveyed other metropolitan area jurisdictions, we found that they generally defined religious institutions and/or churches in terms of buildings (see Attachment C, Jurisdictional Comparison of Religious Definitions). In addition, staff notes that inclusion of the term place could have unintended consequences. One potentially unintended consequence is that a congregation without a building could be required to obtain a Type II land use approval for activities held outside. These activities would be categorized as a religious institution use if the Religious Institution definition is not limited to buildings. For example, a congregation may own a site on which they intend to construct a building, but have not yet obtained sufficient funds for the building construction. In the meantime the congregation may choose to hold services outside on the property they own. This could be considered a Religious Institution use if the definition of Religious Institution is not limited to buildings. If the county received a code enforcement complaint about adverse impacts associated with the use, such as noise or parking impacts, resolution of the complaint could require the congregation to obtain a land use approval for a Religious Institution. Although inclusion of place in the definition of religious institution would represent an expanded opportunity for the county to regulate the impacts of such activity, it could also require a congregation to go through a land use permit process and its associated costs before the congregation even proposes construction of a building. Staff requests direction from the Planning Commission on whether that consequence is desirable. Definition of Religious Institution Repeated Three Times in the Community Development Code (CDC) Commissioner Manseau suggested that it may be overkill to repeat the definition for religious institution three times in different sections of the CDC. Response: The first definition for religious institution appears in Section 106, Definitions. This placement is meant to apply an overall definition of the term for use in the entire CDC. The second definition for religious institution appears in Section 390, North Bethany Subarea Overlay District. The Section applies significantly different regulations to religious institutions. Staff believes it is important to make clear that the definition of religious institution is the same among these different regulations and to provide a convenient definition in the section. The third time religious institution appears in the CDC is the Special Use Standards Section, proposed Section 430-116. This section applies the specific development standards for the remainder of religious institution in the CDC outside of North Bethany. Staff believes it is helpful to have a description of the use to provide context for these special use standards and therefore does not recommend any change.
Attachment A July 31, 2013 Page 3 of 5 Membership Organizations in CDC Sections 312-3.13 and 313-3.17 Commissioner Manseau suggested that these sections should state, Membership Organization and religious institutions, instead of Membership Organizations including religious institutions. Response: Staff has asked County Counsel if this amendment would change the meaning of the use. County Counsel has confirmed that this amendment would not change the meaning of the use. Therefore, staff has added this proposed amendment to the updated exhibit in Attachment B. Definition for Membership Organization Commissioner Manseau suggested that the definition for membership organization needs to be updated to include uses that do not require an invitation. Commissioner Manseau also suggested that the definition specifically include athletic clubs. Response: Staff believes that amending the definition for membership organization is outside the scope of this ordinance. Public notice was not given that amendments would include amending the definition of membership organizations. Staff would like to give proper public notice to all parties before proposing an amendment to the definition of membership organization. Staff suggests adding this amendment for consideration as part of the 2014 work program. CDC Section 330-7.2 Commissioner Manseau determined that the term church was not replaced with the term religious institution at this location. Response: Staff has revised the proposed amendments to replace church with religious institution at this location, as shown in Attachment B. CDC Section 430-135.1.I Commissioner Manseau determined that the term church was not replaced with the term religious institution at this location. Response: Staff has revised the proposed amendments to replace church with religious institution at this location, as shown in Attachment B. CDC Section 430-135.1.I. Equal Terms Clause Commissioner Manseau suggested that allowing temporary religious institutions in the industrial district, but not a similar secular use may violate the equal terms clause of RLUIPA. Commissioner Manseau asked if the door swings both ways on the equal terms clause.
Attachment A July 31, 2013 Page 4 of 5 Response: County Counsel has advised staff that the door does not swing both ways on this issue, and that there are no secular uses with federal protection. Per County Counsel feedback, not allowing a similar secular use while allowing a religious use is not a violation of RLUIPA. Therefore, staff does not recommend any change. Replacement of Any Related Buildings Commissioner Manseau was concerned that the phrase any related buildings was not consistently replaced with the proper noun as the Department of Land Conservation and Development (DLCD) requested. Response: Amendments were made to the proposed exhibits that were presented to the Commission at the July 17 hearing that addressed these concerns. Those amendments are also shown in Attachment B (for example CDC Section 340-4.2, page 13 of 43). Enclosed Structures and Group of Structures Commissioner Manseau pointed out that the language taken from the Oregon Administrative Rule 660-033-0120 was worded so that a group of non-enclosed structures may be exempt from the 100 person capacity limit. Response: Staff and County Counsel believe this wording was an oversight by the DLCD. Staff called DLCD to see if amending this wording to state, a group of enclosed structures, would be acceptable to them. DLCD has confirmed our proposed wording is acceptable. Please find these amendments in Attachment B, CDC Sections 340-6.1 and 3446.1. Cemeteries Moved to a Type II Use Chair San Soucie expressed concern that cemeteries were proposed as a Type II use where previous cemeteries had either not been allowed or allowed as a Type III use. Response: As staff noted at the July 17 Planning Commission hearing, most jurisdictions surveyed have not made a wholesale update of their code based on RLUIPA. The City of Hillsboro made a determination in 1984 that cemetery uses are similar to parks. In order to be consistent with RLUIPA, staff and County Counsel decided that it was reasonable to place cemeteries on par with park uses. Cemeteries and parks are both open spaces, and both have similar periods of activity and inactivity. Both uses typically provide large amounts of trees, grass, and other landscaping. The county allows community parks as a Type II use. Therefore, staff and County Counsel thought that cemeteries should be treated the same as parks. Based on the Planning Commission s stated concerns about the Type II allowance for cemeteries, staff performed additional research on how other jurisdictions treat
Attachment A July 31, 2013 Page 5 of 5 cemeteries and parks. The results of staff s research are provided in a table, Jurisdictional Comparison of Cemetery and Park Review Processes, which is found in Attachment D. Staff found that most all other jurisdictions in the metropolitan area require cemeteries and parks to go through a Type III process in most zones. Washington County appears to be the outlier in allowing community parks as a Type II use. This presents a quandary. Staff thinks it is not preferable to require all parks in Washington County to go through a Type III process, where now small parks can develop in some plan designations through a Type I process and community parks can develop through a Type II process. Allowing parks as an administrative decision has worked well for Washington County. Moreover, proper notice has not been given to the appropriate parties to elevate all park proposals to a Type III process. Therefore, staff finds that the Planning Commission has two choices: Option 1 - Recommend to the Board of County Commissioners to move all parks to a Type III process; or Option 2 - Recommend to the Board of County Commissioners to adopt the ordinance as filed with the modifications shown in Attachment B. Staff recommends the Planning Commission proceed with Option 2 that allows cemeteries as a Type II use as proposed in the filed ordinance. This choice will comply with RLUIPA and make Washington County more similar to how other jurisdictions in the metro area treat the two uses. Removing Allowance for Cemeteries Not Affiliated Chair San Soucie determined that the proposed ordinance did not remove cemeteries not in conjunction with religious institutions in the CDC. Response: The revised proposed exhibits provided to the Planning Commission on July 17, 2013 removed these uses in the CDC. provided in Attachment B also shows this change. The UGB versus An UGB Chair San Soucie determined that references to the UGB be replaced with an UGB to point out there is more than one UGB in the metropolitan area. Response: These references were corrected in the exhibit provided to the Planning Commission on July 17, 2013 and also shown in the exhibit in Attachment B. S:\PLNG\WPSHARE\2013ord\Ord769_RLUIPA\Staff_Reports\PC\08-07-13\Ord769_PC_StfRpt_AttachmentA_080713.doc
Attachment B Proposed Amendments to July 31, 2013 Page 1 of 43 Sections of the Community Development Code are amended to reflect the following: 1. Section 106 - DEFINITIONS 106-1 The definitions contained in this Code are used as follows: 106-178 Religious Institution A building or place constructed for a faith based organization such as a church, mosque, temple or synagogue; together with its accessory uses and buildings, including but not limited to monasteries, offices, schools, and living quarters for caretakers. 2. Section 302 - R-5 DISTRICT (RESIDENTIAL 5 UNITS PER ACRE) 302-3 Uses Permitted Through a Type II Procedure 302-3.14 Cemetery Section 430-27. 302-4 Uses Which May Be Permitted Through a Type III Procedure The following uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 302-4.1 Attached Dwelling Units - Section 430-13. 302-4.2 Boarding House, includes Bed & Breakfast - Section 430-19. 302-4.3 Campground - Section 430-25. 302-4.4 Cemetery - Section 430-27. 302-4.5 Church - Section 430-29. 302-4.64 Golf Course (may include Country Club) - Section 430-51. 302-4.75 Group Care - Section 430-53. 302-4.86 Heliport (Personal use only) - Section 430-59. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 2 of 43 302-4.97 Hospital - Section 430-65. 302-4.108 Kennel - Section 430-73. 302-4.119 Public Building - Section 430-103. 302-4.1210 Public Utility - Section 430-105. 302-4.1311 Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. 302-4.1412 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. 302-4-1513 Single-Family Accessory Dwelling Unit - Section 430-117.1. 302-4.1614 School - Section 430-121. 302-4.1715 Special Recreation Use - Section 430-131. 302-4.1816 Storage Area for Recreation Vehicles - Section 430-133. 302-4.17 Religious Institution - Section 430-116. 3. Section 303 - R-6 DISTRICT (RESIDENTIAL 6 UNITS PER ACRE) 303-3 Uses Permitted Through a Type II Procedure 303-3.19 Cemetery Section 430-27. 303-4 Uses Which May Be Permitted Through a Type III Procedure The following uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 303-4.1 Boarding House, includes Bed & Breakfast - Section 430-19. 303-4.2 Campground - Section 430-25. 303-4.3 Cemetery - Section 430-27. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 3 of 43 303-4.4 Church Section 430-29. 303-4.53 College - Section 430-31. 303-4.64 Golf Course (may include Country Club) - Section 430-51. 303-4.75 Group Care - Section 430-53.1 through 53.5. 303-4.86 Heliport (Personal use only) - Section 430-59. 303-4.97 Hospital - Section 430-65. 303-4.108 Kennel - Section 430-73. 303-4.119 Public Building - Section 430-103. 303-4.1210 Public Utility - Section 430-105. 303-4.1311 Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. 303-4.1412 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. 303-4.1513 School - Section 430-121. 303-4.1614 Special Recreation Use - Section 430-131. 303-4.1715 Storage Area for Recreation Vehicles - Section 430-133. 303-4.16 Religious Institution Section 430-116. 4. Section 304 - R-9 DISTRICT (RESIDENTIAL 9 UNITS PER ACRE) 304-3 Uses Permitted Through a Type II Procedure 304-3.19 Cemetery Section 430-27. 304-4 Uses Which May be Permitted Through a Type III Procedure The following uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 4 of 43 for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 304-4.1 Access to an existing solid waste disposal site - Section 430-127.3. 304-4.2 Boarding House - (Includes Bed and Breakfast) - Section 430-19. 304-4.3 Campground - Section 430-25. 304-4.4 Cemetery - Section 430-27. 304-4.5 Church - Section 430-29. 304-4.64 Golf Course (may include Country Club) - Section 430-51. 304-4.75 Group Care - Section 430-53.1 through 53.5. 304-4.86 Heliport (Personal use only) - Section 430-59. 304-4.97 Hospital - Section 430-65. 304-4.108 Kennel - Section 430-73. 304-4.119 Public Building - Section 430-103. 304-4.1210 Public Utility - Section 430-105. 304-4.1311 Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. 304-4.1412 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. 304-4.1513 School - Section 430-121. 304-4.1614 Special Recreation Use - Section 430-131. 304-4.15 Religious Institution Section 430-116. 5. Section 305 - R-15 DISTRICT (RESIDENTIAL 15 UNITS PER ACRE) 305-3 Uses Permitted Through a Type II Procedure abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 5 of 43 305-3.18 Cemetery Section 430-27. 305-4 Uses Which May Be Permitted Through a Type III Procedure 305-4.1 Access to an existing solid waste disposal site - Section 430-127.3. 305-4.2 Church - Section 430-29 305-4.32 Group Care - Section 430-53.1 through 53.5. 305-4.43 Heliport (Personal use only) - Section 430-59. 305-4.54 Kennel - Section 430-73. 305-4.65 Professional Office - Section 430-101. 305-4.76 Public Building - Section 430-103. 305-4.87 Public Utility - Section 430-105. 305-4.98 Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. 305-4.109 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. 305-4.1110 Special Recreation Use Section 430-131. 305-4.11 Religious Institution Section 430-116. 6. Section 306 - R-24 DISTRICT (RESIDENTIAL 24 UNITS PER ACRE) 306-3 Uses Permitted Through a Type II Procedure 306-3.16 Cemetery Section 430-27. 306-4 Uses Which May Be Permitted Through a Type III Procedure 306-4.1 Church Section 430-29. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 6 of 43 306-4.21 Group Care - Section 430-53.1 through 53.5. 306-4.32 Heliport (Personal use only) - Section 430-59. 306-4.43 Kennel - Section 430-73. 306-4.54 Professional Office - Section 430-101. 306-4.65 Public Building - Section 430-103. 306-4.76 Public Utility - Section 430-105. 306-4.87 Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. 306-4.98 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. 306-4.109 Special Recreation Use Section 430-131. 306-4.10 Religious Institution Section 430-116. 7. Section 307 - R-25+ DISTRICT (RESIDENTIAL 25 OR MORE UNITS PER ACRE) 307-3 Uses Permitted Through a Type II Procedure 307-3.15 Cemetery Section 430-27. 8. Section 308 - FUTURE DEVELOPMENT 20 ACRE DISTRICT (FD-20) 308-3 Uses Permitted Through a Type II Procedure 308-3.8 Cemetery - Section 430-27, except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 7 of 43 308-4 Uses Which May Be Permitted Through a Type III Procedure The following uses may be permitted unless specified otherwise by the applicable Community Plan or Policy 41 of the Comprehensive Framework Plan for the Urban Area. These uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 308-4.1 Cemetery - Section 430-27., except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-4.2 Church - Section 430-29., except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-4.31 Commercial Chicken or Rabbit Raising. 308-4.42 Commercial Greenhouse. 308-4.53 Commercial Equestrian Uses, including Training Tracks, Riding Arenas and Stables (See Boarding of Horses - Section 430-21). 308-4.64 Contractor s Establishment. 308-4.75 Day Care Facility - Section 430-53.2., except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-4.86 Public Building - Section 430-103; see also Section 308-7.1. 308-4.97 Public Utility - Section 430-105; see also Section 308-7.1. 308-4.108 Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109; see also Section 308-7.1. 308-4.119 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109; this use is prohibited in the North Bethany Subarea Plan. 308-4.1210 School - Section 430-121, except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 8 of 43 Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-4.11 Religious Institution Section 430-116 except as prohibited in Area of Special Concern 7 in Policy 41 of the Comprehensive Framework Plan for the Urban Area, and Areas of Special Concern 6 and 7 in the East Hillsboro Community Plan; see also Section 308-7.1. 308-5 Prohibited Uses 308-5.5 Keeping of fowl for sale, keeping of swine (except for up to three (3) purebred potbelly pigs as household pets and not for breeding purposes) or operating a feed lot, except as provided in Section 308-4.31. 9. Section 309 - FUTURE DEVELOPMENT 10 ACRE DISTRICT (FD-10) 309-3 Uses Permitted Through a Type II Procedure 309-3.8 Cemetery - Section 430-27. 309-4 Uses Which May Be Permitted Through a Type III Procedure The following uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 309-4.1 Cemetery - Section 430-27. 309-4.2 Church - Section 430-29 309-4.31 Commercial Chicken or Rabbit Raising. 309-4.42 Commercial Greenhouse. 309-4.53 Commercial Equestrian Uses, including Training Tracks, Riding Arenas and Stables (See Boarding of Horses - Section 430-21). 309-4.64 Contractor s Establishment. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 9 of 43 309-4.75 Day Care Facility - Section 430-53.2. 309-4.86 Public Building - Section 430-103. 309-4.97 Public Utility - Section 430-105. 309-4.108 Facility 3 and 4 communication towers, to a maximum height of one-hundred (100) feet - Section 430-109. 309-4.119 Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. 309-4.10 Religious Institution Section 430-116. 309-5 Prohibited Uses 309-5.4 Keeping of fowl for sale, keeping of swine (except for up to three (3) purebred potbelly pigs as household pets and not for breeding purposes) or operating a feed lot, except as provided in Section 309-4.3.1. 10. Section 311 - NEIGHBORHOOD COMMERCIAL DISTRICT (NC) 311-4 Uses Which May Be Permitted Through a Type III Procedure The following uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 311-4.1 Churches - Section 430-29. 311-4.21 Public Buildings - such as a post office, police and fire stations at a scale oriented to the surrounding neighborhood - Section 430-103. 311-4.32 Public Utility - Section 430-105. 311-4.43 Special Recreation Use - Section 430-131. 311-4.54 Food Market - with a maximum gross floor area of fifty thousand (50,000) square feet, limited to one (1) food market greater than five thousand (5000) square feet per neighborhood commercial center. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 10 of 43 311-4.65 Communication Towers greater than two hundred (200) feet in height - Section 430-109. 311-4.76 Broadcast Towers Section 430-109. 311-4.7 Religious Institution Section 430-116. 11. Section 312 - OFFICE COMMERCIAL DISTRICT (OC) 312-3 Uses Which May Be Permitted Through a Type II Procedure 312-3.13 Membership Organizations andincluding churches.religious institutions. 12. Section 313 - COMMUNITY BUSINESS DISTRICT (CBD) 313-3 Uses Permitted Through a Type II Procedure 313-3.17 Membership Organizations - andincluding churches. religious institutions. 13. Section 330 - INSTITUTIONAL DISTRICT (INS) 330-4 Uses Permitted Through a Type II Procedure 330-4.9 Cemetery - Section 430-27. 330-5 Uses Which May be Permitted Through a Type III Procedure The following uses may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 11 of 43 other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. 330-5.1 Airport - Section 430-7. 330-5.2 Ambulance Service - Section 430-9.2. 330-5.3 Campground - Section 430-25. 330-5.4 Cemetery - Section 430-27. 330-5.54 Change of Use from one Type III use to another Type III use. 330-5.6 Church - Section 430-29. 330-5.75 College - Section 430-31. 330-5.86 Golf Course - Section 430-51. 330-5.97 Group Care (except day car facilities which are permitted as a Type II use pursuant to Section 330-4.6 J.) - Section 430-53.1 through 430-53.5. 330-5.108 Heliport - Section 430-59. 330-5.119 Hospital - Section 430-65. 330-5.1210Park and Ride Facility - Section 430-89. 330-5.1311Private ClubMembership Organization (not including public eating and drinking establishment) - Section 430-99. 330-5.1412Public Building - Section 430-103. 330-5.1513Public Utility - Section 430-105. 330-5.1614School - Section 430-121. 330-5.1715Transit Center - Section 430-137. 330-5.1816Communication Towers greater than two hundred (200) feet in height - Section 430-109. 330-5.1917Broadcast Towers Section 430-109. 330-5.18 Religious Institution Section 430-116. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 12 of 43 330-7.2 Screening and Buffering C. Screening and Buffering Type #2 (Section 411-6.2) shall be provided in conjunction with the following Institutional uses: (1) Ambulance Service; (2) Campground; (3) Religious InstitutionChurch; (4) College; (5) Group Care; (6) Private ClubMembership Organization 14. Section 340 - EXCLUSIVE FARM USE DISTRICT (EFU) 340-4 Uses Permitted Through a Type II Procedure 340-4.1 Permitted Uses which are exempt from Section 340-4.3: O. Schools - Elementary and Nursery only, including all buildings essential for school operation. For required standards see Section 430-121. This use is not permitted on high-value farmland, and shall not be approved on land within three (3) miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. Religious Institutions and Cemeteries in Conjunction with Religious Institutions - Section 430-116 and Section 430-27. This use is not permitted on high-value farmland. Religious institutions and cemeteries in conjunction with religious institutions within three (3) miles of an UGB must also comply with Section 340-6. 340-4.2 Permitted Uses which are subject to Section 340-4.3: abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 13 of 43 K. Parks - Section 430-97. Private parks are not permitted on high-value farmland. Private parks on any other land must comply with OAR 660-033. Public parks include only the uses specified under OAR 660-034-0035 or OAR 660-034-0040, if applicable. Parks within three (3) miles of an UGB must also comply with Section 340-6. Q. State or Regional Park uses listed in a County-approved Master Plan. See Section 383, State and Regional Park Overlay District. The county may rely on findings addressing Section 340-4.3 provided at the time of Master Plan approval as evidence of compliance with ORS 215.296. State or regional parks within three (3) miles of an UGB must also comply with Section 340-6. R. Community centers - owned by a governmental agency or a nonprofit community organization and operated primarily by and for residents of the local rural community. Community centers within three (3) miles of an UGB must also comply with Section 340-6. T. Schools - Elementary and Nursery only, including all buildings essential for school operation. For required standards see Section 430-121. This use is not permitted on high value farmland. Schools within three (3) miles of an UGB must also comply with Section 340-6. 340-5 Uses Which May be Permitted Through a Type III Procedure The uses listed in Sections 340-5.1 and 340-5.2 may be permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. Unless the use is specifically exempted, the Review Authority shall make specific findings with respect to the standards in Section 340-5.3. A waiver of the right to remonstrate against commonly accepted farm or forest practices shall be recorded for each permitted use. 340-5.1 Uses which may be allowed, but are not subject to Section 340-5.3: A. Armed forces reserve center, including an armory or National Guard support facility, if the center is within one-half (1/2) mile of a community college. Armed forces reserve centers within three (3) miles of an UGB must also comply with Section 340-6. B. Churches and Cemeteries in Conjunction with Churches - Section 430-29. This use is not permitted on high-value farmland, and shall not be approved on land within three (3) miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 14 of 43 Firearms training facility as provided in ORS 197.770. Firearms training facilities within (3) miles of an UGB must also comply with Section 340-6. 340-5.2 Uses which may be allowed subject to Section 340-5.3: B. Campground - Section 430-25. This use is not permitted on high-value farmland, and shall not be approved on land within three (3) miles of an urban growth boundary UGB unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. Campgrounds within three (3) miles of an UGB must also comply with Section 340-6. D. Firearms training facility as provided in ORS 197.770. E.D.Golf Course - Section 430-50. This use is not permitted on high-value farmland. Golf courses within three (3) miles of an UGB must also comply with Section 340-6. F.E.Hunting and Fishing Preserves - Section 430-69. This use is not permitted on high-value farmland. Hunting and fishing preserves within three (3) miles of an UGB must also comply with Section 344-6. G.F.Living History Museum - Section 430-74. Living history museums within three (3) miles of an UGB must also comply with Section 340-6. H.G.Commercial dog boarding kennels or dog training classes or testing trials that cannot be established under Section 340-5.1(C). I.H Operations conducted for: (1) 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 340-4.1.H; (2) Mining, crushing or stockpiling of aggregate and other mineral and subsurface resources subject to the following: (a) (b) A Development Permit is required for mining more than one thousand (1000) cubic yards of material or excavation preparatory to mining of a surface area of more than one (1) acre; A Development Permit for mining of aggregate shall be issued only for a site included on the mineral and aggregate inventory in the Rural abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 15 of 43 Natural Resource Plan which has been acknowledged by the Land Conservation and Development Commission; and (c) For the purposes of this Section, mining includes all or any part of the process of mining by the removal of overburden and the extraction of natural mineral deposits thereby exposed by any method including open-pit mining operations, auger mining operations, processing, surface impacts of underground mining, production of surface mining refuse and the construction of adjacent or off-site borrow pits except those constructed for use as access roads. Mining does not include excavations of sand, gravel, clay, rock or other similar materials conducted by a landowner or tenant on the landowner or tenant s property for the primary purpose of reconstruction or maintenance of access roads and excavation or grading operations conducted in the process of farming or cemetery operations, on-site road construction or other on-site construction or non-surface impacts of underground mines; (3) Processing, as defined by ORS 517.750, of aggregate into asphalt or Portland cement except processing of aggregate into asphalt cement when located within two (2) miles of a planted vineyard. Planted vineyard means one or more vineyards totaling forty (40) acres or more that are planted as of the date the application for batching and blending (processing) is filed. Asphalt batch plants approved on or before October 3, 1989, or a subsequent renewal of an existing approval, are exempted from this limitation and may be located within two (2) miles of a vineyard; and (4) Processing of other mineral resources and other subsurface resources. J.I. Public Building - limited to community centers owned and operated by a governmental agency or nonprofit community organization - Section 430-103. Public buildings within three (3) miles of an UGB must also comply with Section 340-6. K.J.Solid Waste Disposal Site - Section 430-127.2. This use is not permitted on high-value farmland. L.K.Utility Facility (commercial) for the generation of power for sale for public use - Section 430-141. M.L.Broadcast and Communication Towers greater than two hundred (200) feet in height - Section 430-109. N.M.Transmission towers over two hundred (200) feet in height. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 16 of 43 340-6 UGB Proximity Standards 340-6.1 No enclosed structure with a design capacity greater than one hundred (100) people, or group of enclosed structures with a total design capacity of greater than one hundred (100) people, shall be approved in connection with the use within three (3) miles of an UGB, unless an exception is approved pursuant to ORS 197.732 and OAR 660-004, or unless the structure is described in a master plan adopted under the provisions of OAR 660-034. 340-6.2 Any enclosed structures or group of enclosed structures described in Section 106-205 or within a tract must be separated by at least one-half mile. For purposes of this section, tract means a tract as defined by ORS 215.010(2) in existence as of June 17, 2010. 340-6.3 Existing facilities wholly within a farm use district may be maintained, enhanced or expanded on the same tract, subject to OAR 660-033. 340-76 Prohibited Uses 340-76.1 Structures or uses of land not specifically authorized by Section 340. 340-76.2 The use of a recreational vehicle for a residence, except as provided for under Section 430-135.2 A. 340-76.3 Outdoor advertising displays and structures except as provided in Section 414. 340-76.4 The location of service facilities which house groups of people and public assembly facilities in airport approach zones. These facilities shall be avoided within any existing June 1983, Airport year 2000 LDN fifty-five (55) contour. 340-76.5 Auto wrecking yards. 340-76.6 The outdoor parking or storage of any five (5) or more operable vehicles on a single lot or parcel for more than forty-eight (48) hours, except in conjunction with an approved development or with a farm use. 340-76.7 Any parking or storage of tractor trailers, semi-trucks, or heavy equipment, except in conjunction with an approved development or with a farm or forest use. 340-78 Creation of Lots or Parcels by a Land Division In addition to the standards listed below, all land divisions shall comply with the applicable standards of Section 610 (Land Divisions Outside the UGB). 340-87.1 Creation of lots or parcels for farm use not less than eighty (80) acres through a Type II procedure - Section 424-1. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 17 of 43 340-87.2 Creation of a lot or parcel for a nonfarm dwelling through a Type III procedure - Section 424-3. 340-87.3 Creation of a lot or parcel for a nonfarm use, not including a dwelling, through a Type II procedure - Section 424-4. 340-87.4 Creation of a parcel with an existing dwelling to be used for historic property through a Type II procedure - Section 424-5. 340-87.5 Creation of a parcel with an existing dwelling to be used as a residential home as defined in Subsection 106-179, through a Type III procedure - Section 424-6. 340-89 Dimensional Requirements 340-98.1 Lot Area: See Section 340-78 - Creation of Lots or Parcels. 340-98.2 Yard Requirements: 340-98.3 Height: The minimum yard requirements shall be: A. Thirty (30) foot front yard; B. Ten (10) foot side yard; C. Twenty (20) foot rear yard; D. Thirty (30) foot street side yard; and E. Additional setbacks may be required as specified in Section 418. A. The maximum height for dwellings and residential accessory structures shall be thirty-five (35) feet. B. Normal building appurtenances and projections such as spires, belfries, cupolas, chimneys, ventilators, elevator housings or other structures placed on or extending above roof level may exceed the thirty-five (35) foot building height limit to a maximum height of sixty (60) feet. C. 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. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 18 of 43 D. The height of telecommunication facilities are regulated by the Permitted Use sections of this Land Use District, Sections 201, 430-1, 430-109 and other applicable provisions of this Code. 340-98.4 Minimum Lot Width at the Street: 340-109 Access The minimum lot width at the street shall be thirty (30) feet, or the lot shall have an easement of record at least thirty (30) feet wide at the street or as approved by the appropriate fire marshal. All lots in this District shall either: 340-109.1 Abut a public street, or 340-109.2 Have an easement of record at least thirty (30) feet wide at the street, or as approved by the appropriate fire marshal. 340-109.3 Access roadways shall be approved, developed and maintained in accordance with the requirements of the appropriate fire protection agency for the geographical location. Where no fire protection agency has jurisdiction, access roadways shall meet the requirements of the nearest or most likely fire protection jurisdiction to annex the property under consideration. 340-1110 Article IV - Development Standards In addition to the requirements of this District, the standards of Article IV - Development Standards, including Section 422 (Significant Natural Resources), are applicable as required by Subsection 403-4. 15. Section 344 - AGRICULTURE AND FOREST DISTRICT (AF-20) 344-4 Uses Permitted Through a Type II Procedure 344-4.1 Permitted Uses which are exempt from Section 344-4.3: O. Schools - Elementary and Nursery only, including all buildings essential for school operation. For required standards see Section 430-121. This use is not abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 19 of 43 permitted on high-value farmland, and shall not be approved on land within three (3) miles of an urban growth boundary Religious Institutions and Cemeteries in Conjunction with Religious Institutions - Section 430-116 and Section 430-27. This use is exempt from Section 344-5.3. This use is not permitted on high-value farmland. Religious institutions and cemeteries in conjunction with religious institutions within three (3) miles of an UGB must also comply with Section 344-6. 344-4.2 Permitted Uses which are subject to Section 344-4.3: K. Parks - Section 430-97. Private parks are not permitted on high-value farmland. Private parks on any other land must comply with OAR 660-033. Public parks include only the uses specified under OAR 660-034-0035 or OAR 660-034-0040, if applicable. Parks within three (3) miles of an UGB must also comply with Section 344-6. Q. State or Regional Park uses listed in a County-approved Master Plan. See Section 383, State and Regional Park Overlay District. The county may rely on findings addressing Section 344-4.3 provided at the time of Master Plan approval as evidence of compliance with ORS 215.296. State or regional parks within three (3) miles of an UGB must also comply with Section 344-6. R. Community centers - owned by a governmental agency or a nonprofit community organization and operated primarily by and for residents of the local rural community. Community centers within three (3) miles of an UGB must also comply with Section 344-6. T. Schools - Elementary and Nursery only, including all buildings essential for school operation. For required standards see Section 430-121. This use is not permitted on high value farmland. Schools within three (3) miles of an UGB must also comply with Section 344-6. 344-5 Uses Which May be Permitted Through a Type III Procedure 344-5.1 Uses which may be allowed, but are not subject to Section 344-5.3: A. Armed forces reserve center, including an armory or National Guard support facility, if the center is within one-half mile of a community college. Armed forces abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 20 of 43 reserve centers within three (3) miles of an UGB must also comply with Section 344-6. B. Churches and Cemeteries in Conjunction with Churches - Section 430-29. This use is exempt from Section 344-5.3. This use is not permitted on high-value farmland, and shall not be approved on land within three (3) miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. Firearms Training Facility as provided in ORS 197.770. Firearms training facilities within (3) miles of an UGB must also comply with Section 344-6. 344-5.2 Uses which may be allowed subject to Section 344-5.3: B. Campground - Section 430-25. This use is not permitted on high-value farmland, and shall not be approved on land within three (3) miles of an urban growth boundary.ugb unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. Campgrounds within three (3) miles of an UGB must also comply with Section 344-6. D. Firearms training facility as provided in ORS 197.770. E.D.Golf Course - Section 430-50. This use is not permitted on high-value farmland. Golf courses within three (3) miles of an UGB must also comply with Section 344-6. F.E.Hunting and Fishing Preserves - Section 430-69. This use is not permitted on high-value farmland. Hunting and fishing preserves within three (3) miles of an UGB must also comply with Section 344-6. G.F.Living History Museum - Section 430-74. Living history museums within three (3) miles of an UGB must also comply with Section 344-6. H. G.Commercial dog boarding kennels or dog training classes or testing trials that cannot be established under Section 340-5.1(C). I.H. Operations conducted for: (1) 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 340-4.1.H; (2) Mining, crushing or stockpiling of aggregate and other mineral and subsurface resources subject to the following: abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 21 of 43 (a) (b) (c) A Development Permit is required for mining more than one thousand (1000) cubic yards of material or excavation preparatory to mining of a surface area of more than one (1) acre; A Development Permit for mining of aggregate shall be issued only for a site included on the mineral and aggregate inventory in the Rural Natural Resource Plan which has been acknowledged by the Land Conservation and Development Commission; and For the purposes of this Section, mining includes all or any part of the process of mining by the removal of overburden and the extraction of natural mineral deposits thereby exposed by any method including open-pit mining operations, auger mining operations, processing, surface impacts of underground mining, production of surface mining refuse and the construction of adjacent or off-site borrow pits except those constructed for use as access roads. Mining does not include excavations of sand, gravel, clay, rock or other similar materials conducted by a landowner or tenant on the landowner or tenant s property for the primary purpose of reconstruction or maintenance of access roads and excavation or grading operations conducted in the process of farming or cemetery operations, on-site road construction or other on-site construction or non-surface impacts of underground mines; (3) Processing, as defined by ORS 517.750, of aggregate into asphalt or Portland cement except processing of aggregate into asphalt cement when located within two (2) miles of a planted vineyard. Planted vineyard means one or more vineyards totaling forty (40) acres or more that are planted as of the date the application for batching and blending (processing) is filed. Asphalt batch plants approved on or before October 3, 1989, or a subsequent renewal of an existing approval, are exempted from this limitation and may be located within two (2) miles of a vineyard; and (4) Processing of other mineral resources and other subsurface resources. J.I. Public Building - limited to community centers owned and operated by a governmental agency or nonprofit community organization - Section 430-103. Public buildings within three (3) miles of an UGB must also comply with Section 344-6. K.J.Solid Waste Disposal Site - Section 430-127.2. This use is not permitted on high-value farmland. L.K.Utility Facility (commercial) for the generation of power for sale for public use - Section 430-141. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 22 of 43 M.L.Broadcast and Communication Towers greater than two hundred (200) feet in height - Section 430-109. N.M.Transmission towers over two hundred (200) feet in height. 344-6 UGB Proximity Standards 344-6.1 No enclosed structure with a design capacity greater than one hundred (100) people, or group of enclosed structures with a total design capacity of greater than onehundred (100) people, shall be approved in connection with the use within three (3) miles of an UGB, unless an exception is approved pursuant to ORS 197.732 and OAR 660-004, or unless the structure is described in a master plan adopted under the provisions of OAR 660-034. 344-6.2 Any enclosed structures or group of enclosed structures described in Section 106-205 or within a tract must be separated by at least one-half mile. For purposes of this section, tract means a tract as defined by ORS 215.010(2) in existence as of June 17, 2010. 344-6.3 Existing facilities wholly within a farm use district may be maintained, enhanced or expanded on the same tract, subject to OAR 660-033. 344-76 Prohibited Uses 344-67.1 Structures or uses of land not specifically authorized by Section 344. 344-67.2 The use of a recreational vehicle for a residence, except as provided for under Section 430-135.2 A. 344-67.3 Outdoor advertising displays and structures except as provided in Section 414. 344-67.4 The location of service facilities which house groups of people and public assembly facilities in airport approach zones. These facilities shall be avoided within any existing, June, 1983 airport year 2000 LDN fifty-five (55) contour. 344-67.5 Auto wrecking yards. 344-67.6 The outdoor parking or storage of any five (5) or more operable vehicles on a single lot or parcel for more than forty-eight (48) hours, except in conjunction with an approved development or with a farm use. 344-67.7 Any parking or storage of tractor trailers, semi-trucks, or heavy equipment, except in conjunction with an approved development or with a farm or forest use. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 23 of 43 344-78 Creation of Lots or Parcels by a Land Division In addition to the standards listed below, all land divisions shall comply with the applicable standards of Section 610 (Land Divisions Outside the UGB). 344-78.1 Creation of lots or parcels for farm use not less than eighty (80) acres or more through a Type II procedure - Section 424-1. 344-78.2 Creation of a lot or parcel for a nonfarm dwelling through a Type III procedure - Section 424-3. 344-78.3 Creation of lots or parcels for nonfarm uses, not including a dwelling, through a Type II procedure - Section 424-4. 344-78.4 Creation of a parcel with an existing dwelling to be used for historic property through a Type II procedure - Section 424-5. 344-78.5 Creation of a parcel with an existing dwelling to be used as a residential home, as defined in SubsSection 106-179, through a Type III procedure - Section 424-6. 344-89 Marginal Lands 344-89.1 Designation of Marginal Lands through a Type II procedure - Section 425. 344-89.2 All uses allowed under Section 344-3, 344-4 and 344-5 are allowed on marginal lands under the same procedures and standards. 344-89.3 Uses permitted through a Type I Procedure. The following uses are permitted subject to the applicable standards as set forth in Article IV and as may otherwise be indicated: A. Detached dwelling (one) on any size lot or parcel: (1) If the lot or parcel were created prior to July 1, 1983; (2) Is subject to all flood plain or hazard area regulations; and (3) When the applicant signs and records, in agreement form, in the Deed and Mortgage Records of the County, a waiver of the right to remonstrate against commonly accepted farm or forest practices which may occur on adjacent lands. B. Intensive farm or forest operations including but not limited to farm use as defined in ORS 215.203. C. Part-time farms. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 24 of 43 D. Wood lots. 344-89.4 Other than the additional uses of Section 344-98.3 all lands designated marginal are subject to all of the other provisions of the AF-20 District. 344-89.5 Land designated as marginal shall not qualify for assessment as zoned farmland. 344-910 Dimensional Requirements 344-910.1 Lot area: See Section 344-87 - Creation of Parcels. 344-910.2 Yard Requirements: 344-910.3 Height: The minimum requirements shall be: A. Thirty (30) foot front yard; B. Ten (10) foot side yard;. C. Twenty (20) foot rear yard; D. Thirty (30) foot street side yard; and E. Additional setbacks may be required as specified in Section 418. A. The maximum height for dwellings and residential accessory structures shall be thirty-five (35) feet. B. Normal building appurtenances and projections such as spires, belfries, cupolas, chimneys, ventilators, elevator housings or other structures placed on or extending above roof level may exceed the thirty-five (35) foot building height limit to a maximum height of sixty (60) feet. C. No structure or structural part shall exceed height standards established for any airport in the County established in accordance with Federal Aviation Administration s Aviation Regulations. D. The height of telecommunication facilities are regulated by the Permitted Use sections of this Land Use District, Sections 201, 430-1, 430-109 and other applicable provisions of this Code. 344-910.4 Minimum lot width at the street: abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 25 of 43 344-1011 Access The minimum width at the street shall be thirty (30) feet, or the lot shall have an easement of record at least thirty (30) feet wide at the street, or as approved by the appropriate fire marshal. All lots in this District shall either: 344-1011.1 Abut a public street; or 344-1011.2 Have an easement of record at least thirty (30) feet wide at the street or as approved by the appropriate fire marshal. 344-1011.3 Access roadways shall be approved, developed and maintained in accordance with the requirements of the appropriate fire protection agency for the geographic location. Where no fire protection agency has jurisdiction, access ways shall meet the requirements of the nearest or most likely fire protection jurisdiction to annex the property under consideration. 344-1112 Article IV - Development Standards In addition to the requirements of this District, the standards of Article IV - Development Standards, including Section 422 (Significant Natural Resources), are applicable as required by Subsection 403-4. 16. Section 346 - AGRICULTURE AND FOREST DISTRICT (AF-10) 346-3 Uses Permitted Through a Type II Procedure 346-3.13 Cemetery - Section 430-27. 346-4 Uses Which May be Permitted Through a Type III Procedure 346-4.1 Uses which may be allowed: A. Airport, including associated hangar, maintenance and service facilities - Section 430-7. B. Campground - Section 430-25. C. Cemetery - Section 430-27. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 26 of 43 D..Church - Section 430-29. E.C.Contractor s establishment Section 430-34. F.D.Day Care Facility - Section 430-53.2. G.E.Golf Course - Section 430-50. H.F.Heliport - Section 430-59. I.G. Housing for Seasonal Farm and Forest Labor - Section 430-67. J.H.Hunting and Fishing Preserve (including Trout Farm) -Section 430-69. K.I.Kennel - Section 430-73. L.J.Operation for Exploration of Geothermal Resources as defined by ORS 522.005. M.K.Private ClubMembership Organization - Section 430-99. N.L.Public Building, limited to Governmental Structures, community buildings and museums, which serve the local area - Section 430-103. O.M.School - Section 430-121. P.N.Shooting Clubs - Section 430-125. Q.O.Solid Waste Disposal Site - Section 430-127. R.P. Utility Facility (Commercial) for the generation of power for sale for public use - Section 430-141. S.Q.Veterinary or Animal Hospital. T.R. Winery - May include accessory tasting room and incidental sales - Section 430-145.2. U.S.Outdoor Performing Arts Center - Section 430-88. V.T.Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. W.U.Emergency Response/Safety Training Center - Section 430-44. X.V.Home Occupation - Section 430-63.3. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 27 of 43 Y.W.Broadcast Towers to a maximum height of one hundred (100) feet - Section 430-109. X. Religious Institution Section 430-116. 17. Section 348 - AGRICULTURE AND FOREST DISTRICT (AF-5) 348-3 Uses Permitted Through a Type II Procedure 348-3.13 Cemetery Section 430-27. 348-4 Uses Which May be Permitted Through a Type III Procedure 348-4.1 Uses which may be allowed: A. Airport, including associated hangar, maintenance and service facilities - Section 430-7. B. Campground - Section 430-25. C. Cemetery - Section 430-27. D.Church - Section 430-29. E.C.Contractor s Establishment Section 430-34. F.D.Day Care Facility - Section 430-53.2. G.E.Golf Course - Section 430-50. H.F.Heliport - Section 430-59. I.G. Housing for Seasonal Farm and Forest Labor - Section 430-67. J.H.Hunting and Fishing Preserve (including a trout farm) Section 430-69. K.I.Kennel - Section 430-73. L.J.Operation for Exploration of Geothermal Resources as defined in ORS 522.005. M.K.Private ClubMembership Organization - Section 430-99. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 28 of 43 N.L.Public Building, limited to Governmental Structures, community buildings and museums, which serve the local area - Section 430-103. O.MSchools - Section 430-121. P.N.Shooting Clubs - Section 430-125. Q.O.Utility Facility (Commercial) for the generation of power for sale for public use and transmission towers over two hundred (200) feet in height - Section 430-141. R.P.Veterinary or Animal Hospital. S.Q.Winery - May include accessory tasting room and incidental sales - Section 430-145.2. T.R.Emergency Response/Safety Training Center - Section 430-44. U.S.Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. V.T.Home Occupation - Section 430-63.3. W.U.Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. V. Religious Institution - Section 430-116. 18. Section 350 - RURAL RESIDENTIAL FIVE ACRE MINIMUM DISTRICT (RR-5) 350-3 Uses Permitted Through a Type II Procedure 350-3.10 Cemetery - Section 430-27. 350-4 Uses Which May be Permitted Through a Type III Procedure 350-4.1 Uses which may be allowed: A. Airport, including associated hangar, maintenance and service facilities - Section 430-7. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 29 of 43 B. Cemetery - Section 430-27. C. Church - Section 430-29. D.B.Golf Course, Country Club - Section 430-50. E.C.Day Care Facility - Section 430-53.2. F.D.Heliport - Section 430-59. G.E.Kennel - Section 430-73. H.F.Operation for Exploration of Geothermal Resources as defined by ORS 522.005. I.G. Public Buildings, limited to governmental structures, community buildings and museums, which serve the local area - Section 430-103. J.H.Public Utility - Section 430-105. K.I. Facility 3 and 4 communication towers, to a maximum height of one hundred (100) feet - Section 430-109. L.J.School - Section 430-121. M.K.Special Recreation Use - Section 430-131. N.L.Storage Area for Recreation Vehicles (Community) Camper, Travel Trailer, Mobile Home, Boat - Section 430-133. O.M.Veterinary or Animal Hospital. P.N.Winery - May include accessory tasting room and incidental sales - Section 430-145.2. Q.O.Broadcast Towers a maximum height of one hundred (100) feet - Section 430-109. P. Religious Institution - Section 430-116. 19. Section 352 - RURAL COMMERCIAL DISTRICT (R-COM) 352-3 Uses Which May Be Permitted Through a Type II Procedure abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 30 of 43 352-3.1 Permitted Uses: A. Ambulance Service - Section 430-9. B. Auto Repair within an enclosed building. C. Bus and Train Terminals. D. Church Section 430-29. D.E.Commercial Recreation Facilities such as indoor theaters, bowling alleys, indoor skating rinks or similar uses when: (1) The use is conducted wholly within a fully enclosed building; and (2) Yards are no less than fifty (50) feet from any abutting residential, agriculture and forest, or natural resource district boundaries. E.F.Contractor s establishment for such things as installation of drain tiles, logging contractor, farming contractor and similar uses Section 430-34. F.G.Eating and Drinking Establishments. G.H.Fabrication, Processing and Repair Facilities, appropriate for the rural community and which serve the rural/natural resource population base. These uses are exempt from Section 352-3.2. H.I.Farm or forest related equipment, machinery or truck repair, including associated service parts facilities, within an enclosed building. These uses are exempt from Section 352-3.2. I.J. Farm or forest implement equipment and related merchandise sales when the sales area is fenced or a landscaped buffer is provided. These uses are exempt from Section 352-3.2. J.K.Institutional uses, including institutions for human care, educational, social institutions including but not limited to grange hall, community center, public buildings and service institutions, serving the local area, when the application includes: (1) A total site plan indicating any proposed buildings, parking, landscaping and future phased development; and (2) A schedule for development. K.L.Lumber Yard, provided there is: (1) A site obscuring fence no higher than eight (8) feet; or abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 31 of 43 (2) A Type #3 landscape buffer approved through Development Review. (3) This use is exempt from Section 352-3.2. L.M.Offices. M.N.Open air businesses, except as provided for by Section 430-135.1 B. (1) and (2), for the sale of farm or forest products for such uses as plant material, produce and firewood. These uses are exempt from Section 352-3.2. N.O.Personal Service Establishment. O.P.Public Building, limited to governmental structures, community buildings and museums, serving the local area - Section 430-103. P.Q.Public Utility - Facilities necessary for public service (except commercial facilities for the purpose of generating power for public use by sale) - Section 430-105.3 through 430-105.7. Q.R.Private ClubMembership Organization - Section 430-99. R.S.Radio Station. S.T.Recycling Center - Section 430-115. T.U.Sale of merchandise in an enclosed building. U.V.Service Station and/or Car Wash - Section 430-123. V.W.Temporary Use - Section 430-135.2 A. This use is exempt from Section 352-3.2. W.X.A Type I or Type II Home Occupation in a nonconforming residence as an interim temporary use subject to the standards of Section 430-63.1 - Type I Home Occupation or Section 430-63.2 - Type II Home Occupation. This use is exempt from Section 352-3.2. X.Y.Veterinarian or Animal Hospital. Y.Z.Winery, including a tasting room and sales - Section 430-145.2. Z.AA.Communication Towers greater than seventy-five (75) feet and up to two hundred (200) feet in height - Section 430-109. AA.BBUses Accessory and Incidental to an Allowed Use: abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 32 of 43 (1) Garages for storage and maintenance of motor vehicles used by the principal use. (2) Storage of motor fuels and lubricating oils for vehicles used by the principal use. (3) Maintenance and utility shops for equipment used by the principal use. (4) Central heating, air conditioning and refrigeration plants. (5) Water storage, drainage and treatment facilities. (6) Buildings for storage of documents, records, testing and research equipment, experimental models and other personal property related to the principal use. (7) Day care facilities primarily for employees. (8) Electrical substations. BB.CC.Co-located antennas, not otherwise allowed through a Type I Procedure Section 430-109. CC. Religious Institution Section 430-116. 20. Section 354 - RURAL INDUSTRIAL DISTRICT (R-IND) 354-3 Uses Permitted Through a Type II Procedure 354-3.1 Permitted Uses: E. Public Building, limited to governmental structures, community buildings and museums, which serve the local area - Section 430-103. 21. Section 356 - LAND EXTENSIVE INDUSTRIAL DISTRICT (MAE) 356-3 Uses Permitted Through a Type II Procedure abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 33 of 43 356-3.1 The following uses are permitted subject to the specific standards for the use set forth below and in applicable Special Use Sections of Section 430, as well as the intent and purpose and the general standards for the District, the Development Standards of Article IV and all other applicable standards of the Code. Approval may be further conditioned by the Review Authority pursuant to Section 207-5. A waiver of the right to remonstrate against commonly accepted farm or forest practices shall be recorded for each permitted use. H. Public Building, limited to governmental structures, community buildings and museums, which serve the local area - Section 430-103. 22. Section 375 - TRANSIT ORIENTED DISTRICTS 375-7 Development Limitations for Permitted Uses in Transit Oriented Districts The following use or design limitations apply where specified in Table A: 19. Churches Religious Institutions in the TO:RC, TO:BUS and TO:EMP Districts shall share all needed parking with other uses. Churches Religious Institutions in the TO:R9-12, TO:R12-18, TO:R18-24, TO:R24-40, TO:R40-80 and TO:R80-120 Districts shall be located on sites that do not exceed seven (7) acres in size. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 34 of 43 Table A. Permitted and Prohibited Uses in Transit Oriented Districts (continued) DISTRICT USE TO:RC TO:BUS TO:EMP TO:R9-12 TO:R12-18 TO:R18-24 TO:R24-40 TO:R40-80 TO:R80-120 Residential Uses (continued): Group Care Sections 430-53.1 and 430-53.4 (27) II II N II II II II II II Group Care - Section 430-53.7 II or III N N N II II II (32.a.) (32.b.-d.) II II Expansion of a Type I, II or III use I I I I I I I I I Change of use for a Type I, II or III use I I I I I I I I I Accessory Dwelling Units (Section 430-117.2) N N N II II N N N N Industrial Uses: Manufacturing N N II N N N N N N Research and Development N N II N N N N N N Warehouses N N II (16) N N N N N N Equipment Storage N N II (17) N N N N N N Expansion of a Type I or III use N N I N N N N N N Change of use for a Type II or III use N N I N N N N N N Institutional Uses: (18) Hospitals N N N N N N N N N Churches Religious Institutions(19) II II III III III III III III III Elementary Schools (20) N N N III III N N N N Schools (middle, high, colleges) N N N N N N N N N Public Buildings III III III III III III III III III Expansion of a Type II or III use I I I I I I I I I Change of use for a Type II or III use I I I I I I I I I abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 35 of 43 23. Section 390 - NORTH BETHANY SUBAREA OVERLAY DISTRICT 390-15 Institutional North Bethany District (INST NB) 390-15.1 Intent and Purpose The INST NB District is intended to implement the policies of the Comprehensive Plan and the North Bethany Subarea Plan by providing standards and procedures for existing quasi-public institutional facilities and future public facilities and services in the North Bethany Subarea. The purpose of the District is to provide for identification of existing quasi-public institutional facilities (churchreligious institution, cemetery) and future public institutional uses and services (e.g., schools, fire station, parks) identified through the planning of the North Bethany Subarea. The District is intended to allow public and quasi-public service providers the assurance that future sites identified through the North Bethany planning process will be available for the uses specifically identified when they are needed. 390-15.3 Uses Permitted Through a Type II Procedure G. Cemetery - Section 430-27. 390-15.4 Uses Which May be Permitted Through a Type III Procedure A. Cemetery Section 430-27. B. Church Section 390-16.1. CA..Nursery (Pre-School) Section 390-16.9. DB..Public Building limited to fire station, library, and other uses accessory to the primary use (e.g., community meeting room[s] Section 390-16.10. EC..School Section 390-16.11. FD. Park and Ride Facility new facilities; see Section 430-89. E. Religious Institution Section 430-116. 390-16 Special Use Standards abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 36 of 43 In addition to the requirements of Section 390 and Sections 400 through 429, the following standards are provided for specific uses. 390-16.1 Church (Religious Institution) A building or place constructed for a faith based organization such as a church, mosque, temple or synagogue; together with its accessory uses and buildings, including but not limited to monasteries, offices, schools, and living quarters for caretakers. A building constructed or utilized primarily for public worship, together with its accessory uses and buildings, including rectory, parsonage, and living quarters for custodians and caretakers, where persons regularly assemble for religious worship and which is controlled by a religious body organized to sustain public worship. 390-16.8 Membership Organization A Membership Organization includes buildings and grounds used for and operated by a nonprofit organization, whose membership is by invitation and election according to qualifications in the organization s charter or bylaws. The use of the organization s facilities is primarily restricted to members and their guests. Membership Organizations may be allowed subject to the following: A. Yard Requirements: The minimum yard requirements shall be: (1) Twenty (20) foot front yard; in the Institutional North Bethany Land Designation, the front yard setback is fifteen (15) feet. (2) Side and rear yard setbacks: Twenty (20) feet. This distance shall increase by five (5) feet for each story in excess of two (2) stories. (3) On a corner lot, the side or rear yard abutting the street shall be twenty (20) feet. B. A minimum ten (10) foot landscape area shall be provided in all required yards that abut land with a residential designation and shall be: (1) Free from all parking and loading areas, refuse and recyclable storage areas and utility facilities, except that ground-mounted utility boxes no greater than thirty-six (36) inches in height may be located provided that they adequately screened with low-growing shrubs or other similar landscape screen; and (2) Planted with the following landscaping placed every one hundred (100) lineal feet of landscape area: abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 37 of 43 Four (4) canopy trees Four (4) understory trees Ten (10) shrubs C. Existing mature landscaping may be incorporated into the required landscape area. D. Gaps in fences, walls or landscaping are allowed if required by Section 408. 24. Section 413 - PARKING AND LOADING 413-7 Minimum Off-Street Parking Requirements The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following: 413-7.1 Residential: USE MINIMUM NUMBER OF STANDARD OFF- STREET PARKING SPACES PER UNIT OF MEASURE A. Detached One (1) per each dwelling unit B. Attached including duplex (1) 1 Bedroom or Studio One (1) per each dwelling unit (2) 2 Bedroom One and five-tenths (1.5) per each dwelling unit (3) 3 or more Bedroom One and seventy-five hundredths (1.75) each per dwelling unit C. Boarding House One (1) space for each sleeping room 413-7.2 D. Manufactured Dwelling Two (2) per each dwelling unit Institutional: A. A. Churches, temples, or buildings of similar use with fixed seats Assembly Halls including religious institutions, temples, mosques, lodge halls, meeting halls, theaters, auditoriums and community centers or buildings of a similar use One (1) space for each two (2) seats Fixed Seats: One (1) space for each three (3) seats Without Fixed Seats: One (1) space for each four (4) persons allowed by maximum seating capacity as established by fire, building, or health codes abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 38 of 43 B. C. USE Golf Course, Recreational Facilities, Sports Club, and Tennis or Racquetball Club (1) Golf course open to the public, except miniature par-3 course (2) Private golf clubs (3) Recreational facilities and sports clubs (4) Tennis or racquetball clubs Homes for the aged and convalescent homes D. Hospitals E. F. Libraries, museums, and post office buildings. Lodge halls, meeting halls and community centers or buildings of similar use without fixed seats. G.F. Passenger Terminal (bus, air or rail) H.G. I.H. J.I. Public office building not specified elsewhere Schools MINIMUM NUMBER OF STANDARD OFF- STREET PARKING SPACES PER UNIT OF MEASURE Four (4) for each one (1) golf hole and one (1) for each employee Parking will be based on a parking study submitted at the time of application for the use. Parking shall be reviewed through the same procedure as required for the use Four and three-tenths (4.3) spaces for each thousand (1000) square feet of gross floor area One (1) space for each thousand (1000) square of gross floor area One (1) space for each four (4) beds, plus one (1) space for each employee, including nurses, on maximum working shift One (1) for each two (2) patient beds, plus one (1) space for each staff or visiting doctor and each employee, including nurses, on maximum working shift One (1) for each five hundred (500) square feet of gross floor area, plus one (1) space for each employee employed therein One (1) for each four (4) persons allowed by the maximum seating capacity as established by fire, building or health codes One (1) space for each one thousand (1,000) square feet of gross floor area plus one space for each two (2) employees Two and seven-tenths (2.7) for each thousand (1000) square feet of gross floor area (1) Preschool child care (day nurseries) Two spaces plus one (1) for each employee One (1) for each one (1) teacher and (2) Elementary and junior high school administrator, in addition to the requirements of the auditorium (3) Senior high schools and colleges One (1) for each five (5) students and staff Stadium, sports arena or similar place of assembly One (1) for each three (3) seats or six (6) feet of benches, and one (1) for each employee on a maximum working shift K. Theaters and auditoriums One (1) for each three (3) seats One (1) space per tower. The Review Authority L.J. may waive this requirement if the applicant can Telecommunication Facilities demonstrate that there is available on-site (unmanned) subject to Section 430-109 parking, on-street parking, leased or shared parking with adjacent or nearby uses abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 39 of 43 M.K. USE Telecommunication Facilities (manned) subject to Section 430-109 MINIMUM NUMBER OF STANDARD OFF- STREET PARKING SPACES PER UNIT OF MEASURE authorized for use by a written agreement Two (2) spaces plus one space for each two (2) employees abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 40 of 43 413-7.3 Business and Commercial: Assembly halls, without fixed seats for commercial recreation including pools or A. billiard parlors, dance halls, skating rinks and exhibition halls or buildings for similar assembly uses B.A. Auto wash C.B. Automobile service station D.C. Beauty parlor or barber shop E.D. Bowling alleys F.E. Commercial schools G.F. H.G. I.H. J.I. K.J. Drive-in restaurant or similar drive-in used for the sale of beverages, food or refreshments for consumption off the premises Establishments for sale and consumption on the premises of beverages, food or refreshments Furniture and appliances, household equipment, repair shops, showroom of plumber, decorator, electrician or similar trade, shoe repair and other similar uses Laundromats and coin-operated dry cleaners Miniature or par 3 golf courses L.K. Mortuary M.L. N.M. O.N. Motel, hotel or other commercial lodging establishment Motor vehicle and service establishments Retail stores, except as otherwise specified herein One (1) space for each hundred (100) square feet of gross floor area used for permitted use One (1) for each employee. In addition, adequate waiting space for autos provided on the premises to accommodate fifty (50) percent of the hourly rate of capacity Two (2) for each lubrication, stall rack or pit; and one (1) for each gasoline pump Three (3) spaces for each of the first two (2) beauty or barber chairs, and one and onehalf (1 ½) spaces for each additional chair Four (4) for each one (1) bowling lane, plus one (1) for each employee on a maximum working shift To be determined through Development Review Nine and nine-tenths (9.9) per thousand (1000) square feet of gross floor area Fifteen and three-tenths (15.3) per thousand (1000) square feet of gross floor area One (1) for each eight hundred (800) square feet of usable floor each used in processing, plus one (1) for each employee on maximum working shift One (1) for each two (2) washing machines Three (3) for each one (1) hole plus one (1) for each employee One (1) for each fifty (50) square feet of usable floor space, plus one (1) for each employee on maximum working shift One (1) for each one (1) unit for occupancy, plus extra spaces for dining rooms, ballrooms or meeting rooms as required by Section 413-7.3 A and H above, where the capacity of such areas exceeds the number of beds in the building One (1) for each two hundred (200) square feet of usable floor space sales room and one (1) for each one (1) auto service stall in the service room Four and one-tenth (4.1) for each thousand (1000) square feet of gross area abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 41 of 43 413-7.4 Offices: A. Banks B. C. 413-7.5 Industrial: A. B. C. Business offices or professional offices except as indicated pursuant to Section 413-7.4 C Professional offices of doctors, dentists, or similar professions Industrial or research establishments, wholesale establishments, and industrial park Wholesale less than one hundred fifty thousand (150,000) gross square feet in size Warehouses greater or equal to one hundred fifty thousand (150,000) gross square feet in size Four and three-tenths (4.3) for each thousand (1000) square feet of gross floor area Two and seven-tenths (2.7) for each thousand (1000) square feet of gross floor area Three and nine-tenths (3.9) for each thousand (1000) feet of gross floor area One and six-tenths (1.6) for each thousand (1000) square feet of gross floor area Five-tenths (0.5) for each thousand (1000) square feet of gross floor area Three-tenths (0.3) for each thousand (1000) gross square feet of floor area 25. Section 430 - SPECIAL USE STANDARDS 430-99 Private ClubMembership Organization A Private ClubMembership Organization includes buildings and grounds used for and operated by a nonprofit organization, whose membership is by invitation and election according to qualifications in the club's charter or bylaws. The use of the club's facilities is primarily restricted to members and their guests. Private clubsmembership Organizations may be allowed subject to the following: 430-29430-116 Church (Religious Institution) A building or place constructed for a faith based organization such as a church, mosque, temple or synagogue; together with its accessory uses and buildings, including but not limited to monasteries, offices, schools, and living quarters for caretakers.a building constructed or utilized primarily for public worship, together with its accessory uses, and buildings where persons regularly assemble for religious worship and which is controlled by a religious body organized to sustain public worship. 430-11629.1 There shall be a minimum lot area of twenty thousand (20,000) square feet. Additional area may be required based on the extent of the proposal; abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 42 of 43 430-11629.2 Inside the Urban Growth Boundary, when access is proposed to a local street the access shall be located within three hundred (300) feet of an intersection with a collector or an arterial. 430-11629.3 The minimum front yard for buildings under forty-five (45) feet in height shall be thirty (30) feet; 430-11629.4 The minimum front yard for buildings over forty-five (45) feet in height shall be forty-five (45) feet; 430-11629.5 The minimum side or rear yards for buildings shall be as follows: Under 15 feet in height 20 feet 15-24 feet in height 25 feet 25-34 feet in height 30 feet 35-44 feet in height 35 feet 45-54 feet in height 40 feet 55+ feet in height 50 feet 430-11629.6 Signage shall be subject to the standards outlined under Section 414-2 (Institutional Districts); except as provided otherwise in the Institutional District (Section 330-9). 430-116.7 Building heights shall be subject to the standards outlined under Section 330 (Institutional District). abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Attachment B Proposed Amendments to July 31, 2013 Page 43 of 43 430-135 Temporary Use 430-135.1 Type I: A temporary use is one of an impermanent nature, or one used for a limited time. I. Temporary ChurchReligious Institution in the Industrial District (Section 320) A church religious institution may be allowed as a temporary use in the Industrial District when the following standards are met: (1) The churchreligious institution is located in an existing building in an Industrial Business Park which has been approved through Section 430-71; (2) ChurchReligious Institution activities shall be limited to: (a) (b) Weekend and evening activities; and Weekday uses that are permitted uses in the Industrial District; and (3) The temporary permit shall be valid for five (5) years. Through a Type I procedure, the temporary permit may be extended once for a period to not exceed three (3) years. abcdef Proposed engrossment additions abcdef Proposed engrossment deletions
Jurisdictional Comparison of Religious Definitions Attachment C July 31, 2013 Religious Terms Used In Code Code Definition of Religious Terms RLUIPA Update Undertaken? Beaverton Places of Worship Places of Worship: [ORD 4542; June 2010] Any building where congregations gather for prayer such as churches, mosques, synagogues, temples or other related facilities. yes Forest Grove Churches and Religious Institutions Religious Institutions: Places of religious worship such as synagogues, temples and churches. May include related accessory uses such as offices, classrooms, auditoriums, social halls, and gymnasiums. no Church: not defined. Hillsboro Church not defined. in process Milwaukie Religious Institution Religious Institution: a structure used by a religious organization having a tax-exempt status. no Sherwood Church (definition section) and Religious Institution (use section) Church: Any bona-fide place of worship, including Sunday School buildings, parsonages, church halls, and other buildings customarily accessory to places of worship. Religious Institution not defined. yes I. Religious Institutions: Tigard Religious Institution Characteristics: Religious Institutions provide meeting space that is primarily used for religious worship. Accessory Uses: Accessory uses may include offices, classrooms, daycare, parking, social halls, and recreational activities. Examples: Examples include churches, temples, synagogues, and mosques. no Lane County Church Church: A building, together with its accessory buildings and uses, where persons regularly assemble for worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. A church does not include a school. no Clackamas County Church not defined. no
Attachment D July 31, 2013 Jurisdictional Comparison of Cemetery and Park Review Processes Cemetery Use Review Process Park Use Review Process RLUIPA Update Undertaken? Beaverton Type III condition use for residential zones. Not permitted in commercial, industrial, or multiple use zones. Type II process in R-5, R-7, R-10, and SR. Conditional use in institutional. Forest Grove Not permitted in multi-family, commercial zones, town center zone, and industrial zones. Type III conditional Use for residential zones. Allowed as a Type I or II use in commercial or industrial zones. Type II process in all residential zones. Parks permitted as a Type I or II use in community commercial. Not permitted in industrial and neighborhood commercial. yes no Hillsboro Type III process in most zones. Type III process in most zones. in process Milwaukie Type III process in most zones. Type II process in most zones. no Permitted outright in all residential zones depending on size of the park. Sherwood Type III use in most zones. Type III process in majority of commercial, institutional, public, and industrial zones. yes Tigard Type III process in residential zones. Type III conditional use in all residential zones. no Lane County Type II process in some farm (only in conjunction with a church) and forest zones, rural residential. Not allowed in other zones. Type II process in farm, forest, rural residential, and commercial. Not allowed in other zones. no Clackamas County Conditional use permit (requires a public hearing) Conditional use permit (public hearing), administrative decision, or allowed outright depending on the zoning no
WASHINGTON COUNTY OREGON WASHINGTON COUNTY PLANNING COMMISSION DELIBERATIONS ON PROPOSED ORDINANCE NO. 769 AND PROPOSED ORDINANCE NO. 770 WEDNESDAY, AUGUST 7, 2013 VII. PROPOSED ORDINANCE NO. 769 (Continued from July 17, 2013) An Ordinance Amending the Comprehensive Framework Plan for the Urban Area and the Community Development Code Relating to the Religious Land Use and Institutionalized Persons Act (RLUIPA) Clare Fuchs said the PC had asked for more information on the definition of religious institution, and had raised questions on the staff report. She said staff had contacted the Ecumenical Ministries of Oregon about the definition of religious institutions, and is waiting for their answer. She said staff reviewed other jurisdiction s definitions of church and religious institution. These are provided in Attachment C as background information. She added that staff had reviewed Commissioner Petrillo s proposed definition, and used some of the points in the proffered definition. She noted that staff was concerned about defining the word religious with the word religion, and had drafted a new definition to address the PC s concerns. She stated the newly drafted definition is as follows: A building or a place constructed for a faith-based organization such as a church, mosque, temple, or synagogue, together with its accessory uses and buildings, including but not limited to monasteries, offices, schools, and living quarters for care takers. Ms. Fuchs said staff has noted the word place was included in the new definition per PC feedback at the July 17, 2013 hearing. She said staff is concerned there may be unintended consequences by including the word in this definition, as this could now regulate religious startups that may be holding services outside or in a backyard. She said staff wants to make sure the PC is comfortable with the potential consequence of including place in the definition rather than limiting it to buildings. Ms. Fuchs discussed bringing cemeteries down to a Type II use in many plan designations. She said that staff had researched how other jurisdictions treat cemeteries and parks, and found many have not undertaken RLUIPA in their code, but require a similar land use process for cemeteries and parks regardless. She said Washington County is a bit unique in allowing cemeteries as a Type II use in most cases, and Type I in some cases. She said another option is moving parks to a Type III use, but that may make parks more difficult to obtain. She said a third option is to leave cemeteries alone, which would result in the County being an outlier in its treatment of parks and cemeteries, as shown in Attachment D. She said County Counsel doesn t recommend keeping cemeteries as a Type III use, which would be inconsistent with all other jurisdictions, but have an equal review for both parks and cemeteries. Therefore, staff recommends cemeteries become a Type II use, as outlined in Attachment A. Department of Land Use & Transportation Long Range Planning Division 155 N. First Avenue, Suite 350-14, Hillsboro, OR 97124-3072 phone: (503) 846-3519 fax: (503) 846-4412
Planning Commission Deliberations August 7, 2013 Page 2 Ms. Fuchs said the corrections and comments from Chair San Soucie and Commissioner Manseau are addressed in the staff report in Attachment A, and the changes to the ordinance are reflected in Attachment B. She asked for PC direction on the use of the word place in the definition of a religious institution. She said staff recommends the PC recommend Board of County Commissioners (Board) engrossment of with the amendments shown in Attachment B of the staff report. She noted staff received comments from Commissioners Garcia and Manseau yesterday and today, and had not had time to provide a written response. Commissioner Vial said in the definition of religious institution it says, a building or place constructed, which indicates a purposed building and suggested saying, a building or place developed, since unused buildings have been converted to religious meeting places. Ms. Fuchs said staff considers that acceptable, and considered removing the word constructed and instead say, a building or place for a faith-based organization. Commissioner Vial said he would prefer it say, A building or place used for a faith-based organization, as that was all-inclusive. Chair San Soucie suggested the word place may not be the best word to use, but instead use the word structure as it s very broad. Commissioner Hirst said that most people think of a structure when thinking of a faith-based organization, but that a structure was not always necessary. He noted that the term congregation may mean people getting together to practice that faith, and that doesn t always mean in a building. He said the word place could mean not only a structure, but also outside areas as well. Chair San Soucie asked how a gathering of people in a field makes it a land use action. Commissioner Manseau said it was the change of use, and not the construction of the building. She said a permit is required when there is a change of use, and that creating more vehicle trips per day should trigger the permit requirement. Ms. Fuchs said the change of use is only valid when talking about accompanying development. She said that expansion, development of a parking lot, or another kind of development action on a property triggers the permit. Commissioner Manseau said she thought an increase in vehicle trips would be enough to trigger the requirement of a development action. Ms. Fuchs said staff was not aware of any County Development Code (CDC) provision that would cause that kind of situation and thus has to do with the nexus of some kind of development accompanying that change of use. Chair San Soucie said he finds it hard to distinguish between a gathering of people in a field for a religious activity and a gathering of people together for a choir practice or something similar. He said that was the gray line he did not know how to capture in language. Commissioner Manseau asked if someone rents out their field for religious purposes every weekend and those purposes end up being weddings, if that would be a change of use.
Planning Commission Deliberations August 7, 2013 Page 3 Ms. Fuchs said it would be a change of use but there would have to be a structure involved or some kind of development associated with that, as it would not just be a bare field with cars driving on a lot necessarily. She said she was unsure the CDC could deal with that kind of situation. Commissioner Manseau said it was something that needed to be considered. She said the CDC states a tent is allowed for 10 days out of a 30-day period, which could have great impact on a residential neighborhood. Commissioner Hirst said there is no requirement to get married in a church or other building. He said that place meant a place used continuously by a faith-based organization for the purposes of their faith, not one-off meetings, which is a completely different situation. He gave the example of a religious organization holding weekly meetings in a field with a known quantity of cars, happening consistently, which is how he sees the definition. Chair San Soucie asked if they could put an element of recurrence into the definition. Andy Back said the first step in the CDC is something of a development which would be subject to the code. He said the permanence of something is considered initially to see if it is subject to the code. He noted code language exists that addresses changing from temporary use to permanent use. Chair San Soucie said he was hearing two potential definitions. He said the first would be that a religious institution was a building or place used for a faith-based organization. The second would be that a religious institution was a building or development used for a faith-based organization. He asked staff s preference. Ms. Fuchs said it was up to the PC which they prefer, as each would have different consequences. Chair San Soucie said he was concerned with changing cemeteries from a Type III to a Type II in the urban areas of the county. He said he could be satisfied if the staff promised to raise this issue for the Board and let the Board decide. Commissioner Manseau questioned whether all parks should be Type II, as there are different types of parks. She said cemeteries are very much like the larger parks which serve a wider geographic area. She asked if cemeteries should remain Type III and create a Type III process for the larger parks. Chair San Soucie noted that dividing the processes by park size could also applied to cemeteries. Ms. Fuchs said cemeteries could be made a Type II and Type III use, depending on size or other differences. She said staff believes these possible changes should be handled separately from this ordinance. She added that the issue could be considered in the 2014 ordinance season, as there is a tremendous amount of research involved in making those types of changes. She noted the only request in the last the last ten years received to locate a cemetery in an urban area was an expansion of an existing cemetery. She said staff believes this issue is safe to leave as a Type II use, and then look at adding more specificity to it next year. Chair San Soucie said he doesn t disagree in principle, but they could also be left as Type III, since requests in urban areas are infrequent.
Planning Commission Deliberations August 7, 2013 Page 4 Commissioner Manseau said she could support leaving cemeteries as a Type III and moving forward with the change when there is time in the work schedule to address the issue. Commissioner Petrillo said he received information from an Atlanta jurisdiction that is addressing some of these same issues. He said they treat cemeteries differently than parks, as parks are allowed in many more districts with fewer restrictions than cemeteries. He noted each state has its own land use rules, but it seems that parks and cemeteries are treated differently. He said he s uncomfortable making cemeteries go through a Type II process without further public comment or consideration. Ms. Fuchs asked County Counsel to share her thoughts on leaving cemeteries as a Type III. Jacqui Saito-Moore advised leaving the cemeteries alone while this issue is considered, and if an application came through, the federal RLUIPA standards would be applied, giving an easier standard than a Type III, depending on the analysis of the impacts. She said Exhibit D looked like jurisdictions treated cemeteries differently than parks. She said she was comfortable leaving the process type alone, and if an application comes through, then they would apply RLUIPA. Chair San Soucie said it appeared that jurisdictions that have done RLUIPA updates are all still considering cemeteries as a Type III process, which is why he favors keeping them that way. Commissioner Garcia asked when staff would be able to address the questions he raised. Ms. Fuchs said the issue with the many Urban Growth Boundaries (UGB s) versus one UGB is that there is more than one UGB, so it should be referred to as a UGB instead of the UGB. Commissioner Manseau said the proposed definition of a religious institution includes schools. She asked if when a school is part of the religious institution, would that school have to go through the special use standards for schools, or just comply with the religious institution special use standards. Ms. Fuchs said this is a gray area and it s the PC s choice if they want to include schools as an accessory use to a religious institution. She said staff has found that often a church might only have funding for one area, such as the sanctuary, and then phase in the school later when they have the funding. She said they ve also had a situation where the sanctuary comes in, and instead of a traditional K-12 school, there are bible study classrooms attached as an accessory and the church standards would be applied. She said staff feels they can deal with this on a case-by-case basis on a current planning level as applications come through. Commissioner Manseau asked if a church has classrooms that they state will only be used one day a week during church services, and then five years later the classrooms are used during the week for another use such as daycare, how that change of use would be captured. She asked if an additional TDT would be required if the classrooms are changed to weekly use. Ms. Fuchs said in that situation staff would have to become aware by some expansion or development, such as adding more classrooms, and the TDT would be applicable at that time. She noted that the church would need to apply for additional development or a code enforcement issue would need to arise for staff to know about a change in use.
Planning Commission Deliberations August 7, 2013 Page 5 Commissioner Manseau said it was the days of use that create additional traffic. She asked if neighbor complaints would trigger a change of use. Ms. Fuchs said possibly, if neighbors complained about the traffic and staff was aware of an additional use that wasn t part of their original land use application. She added that there would have to be a building permit for a new TDT to be required. Commissioner Manseau said she s concerned with the county not tracking changes in use that happen without additional development. She asked if a fast food restaurant went out of business and a used car lot opened up in its place, would that change in use be something the county is concerned about. Ms. Fuchs said in that situation there would be a tenant improvement building permit, because there would be redevelopment of that area. That permit would be reviewed to see if there is a change in use. Commissioner Manseau said CDC 320.6.2 refers to Section 106-205 for a description of enclosed structures or a group of enclosed structures. She said that definition deals with more than enclosed structures, and asked if that reference should be struck or if that was a misunderstanding on her part. Ms. Fuchs said since the 106-205 definition is broader, it can encompass the 320.6.2 reference and explanation of enclosed structures since they are just referring to structure in the 106-205 definition. Commissioner Manseau said she thinks it adds a lot of mystery to what is being talked about and doesn t provide any additional information but actually provides too much information and confusion. Commissioner Manseau asked about providing a definition of membership organizations. Staff said this notice was not provided for this change, so it should not be dealt with as part of. Commissioner Manseau asked where the line was that something can be added to an ordinance. Suzanne Savin said Commissioner Manseau had compared that with Proposed Ordinance No. 771. She said staff is proposing to engross Ordinance No. 771 to include a steep slopes issue. She noted there are a lot of CDC elements that warrant changes, but with staff limitations, the tasks need to be prioritized. She said staff had received prioritization from the Board to address the steep slopes issue in 2023, which is one of the differences between that ordinance and this one. She said this ordinance was filed with the intent to address the RLUIPA issue. She added that while the issue of membership organizations is important, staff believes would be more appropriate to look at the issue separately, and to add it to the 2014 Work Program. No one present wished to testify, and the public hearing was closed. Deliberations Chair San Soucie said the PC needs to consider the definition of a religious institution, whether cemeteries should remain as Type III uses or be equal with parks as a Type II use, and Commissioner Manseau s questions that may result in more amendment. He asked if the PC favors the definition saying, a building or place used for a faith-based organization, or a building or development used for a faith-based organization, or something else. He said he favors the definition with the word development included.
Planning Commission Deliberations August 7, 2013 Page 6 Commissioner Rickard said he leans toward the words building or other development. Chair San Soucie said that was another option, but he liked it. Commissioner Manseau said she prefers the first option. Commissioner Vial said he supports the first option. Commissioner Hirst asked what the word development encompasses in that context. Chair San Soucie said he understands it to be the construction of a parking lot, installation of bleachers or stands, among other development uses, from very small to very substantial. Commissioner Rickard said he was responding to information provided by Andy Back. He said that they probably want to avoid having descriptions of uses that would not otherwise be subject to the development codes. He said he did not know if place was used elsewhere in the code, but the focus should be on developments, which is why he wanted something more than the language place used for. He stated that was the reasoning behind his suggestion. Commissioner Wellner said he supports the word or other development. Commissioners Petrillo, Garcia, and Bartholemy concurred. Chair San Soucie noted there is a consensus toward the word development. He asked the PC about their thoughts of the process for cemeteries. Commissioner Manseau said she prefers cemeteries remain as Type III. Chair San Soucie, Commissioners Vial, Wellner, and Garcia concurred. Commissioner Rickard said on page 5 of 5 of the staff report, the two options were to move all parks to Type III, which will not work for reasons noted in the staff report and option two was to adopt what was listed in Attachment B which was moving to a Type II. He added that option three would be leave it as it is and concurs as well. Commissioner Manseau said she s okay with proposing the two modifications discussed. Ms. Fuchs said it had been brought up during Commissioner Manseau s questions and their presentation whether to take out the word constructed from the religious institution definition. She asked for a PC consensus on that issue. Chair San Soucie said they are proposing that the first line of that definition would be religious institution a building or other development used for a faith-based organization. He said the word constructed would be replaced by the words used for. Commissioner Hirst moved to adopt the proposed engrossments to with an amendment to change the first line of the definition to say a religious institution a building or other development used for a faith-based organization and an amendment taking out all the changes to cemetery uses that make them Type II. Commissioner Wellner seconded. VOTE: 9-0
Planning Commission Deliberations August 7, 2013 Page 7 VIII. PROPOSED ORDINANCE NO. 770 (Continued from July 17, 2013) An Ordinance Amending the Community Development Code Relating to Solar and Wind Energy. Carina Arendes discussed Ordinance No. 770 and provided a Power Point presentation. She spoke about alternatives to permitting systems as accessory uses, alternative standards, and how state and electrical codes would be applied to small scale energy systems. She said staff recommends the ordinance include a method for measuring tower height. She expressed the hope that this ordinance would encourage small-scale energy systems. She said staff wished to avoid under-regulation, which may cause regulations to be added later. This could trigger a Measure 56 notice; as such a proposal may restrict a previously-allowed use. Ms. Arendes noted some standards that might be used include: Height limits based on lot size requiring easements or written contracts from neighboring property owners that are in the fall down zone of the tower Requirements for concealment or finish standards Requirements that applicants demonstrate non-interference with utilities or rights-of-way Requiring structural changes and signage intended to restrict non-authorized access. She noted that they added a finish standard to reduce visual impacts. She said staff proposes Ordinance No. 770 be amended to include a height measurement methodology consistent with other tower types. She said staff is also asking for direction on the standard for factory paint and finish. She asked the PC to recommend Board engrossment of Ordinance No. 770 with the amendments in Attachment A of the July 31, 2013 staff report. Commissioner Vial said he had just gone through an extended battle with AT&T on a cell tower where the factory finish was the typical glaring white finish, and the modification that was agreed to was a darker brown matte finish, which disappears into the landscape. He said he was sensitive to the idea we re going to let the industry dictate the finish, which is usually white and cheap. He asked for a reconsideration of using the manufacturer applied as the standard. Commissioner Garcia asked if the communication tower part of the ordinance had anything to say about finish that could be applied to wind towers. Ms. Arendes said yes, but it was longer than what staff hoped to do for these systems. She said deciding what was visually unobtrusive could also be a matter of discretion. Commissioner Garcia asked if those paragraphs could be added easily to this ordinance. Ms. Arendes said the paragraphs could be added easily, but it might affect the ability to do applications as a Type I, over-the-counter process. Commissioner Vial said he thought he understood the problem, which was to stay away from neon installations, and if we re going to be a simple process for people, we don t want to deal with the issues at the counter on a Type 1 on whether something is bad or not. He asked if that was correct. Ms. Arendes said yes. Commissioner Vial said it makes sense from a simplicity standpoint to say the factory color, but thinks that will result in doing a disservice to the environment. He said perhaps if it was written into the code that the following paint applications would be acceptable earth tones in the shades of green or brown or something to that effect, as well as factory colors. He said he was actually afraid of factory colors because in Denmark he saw about six months ago a very, very
Planning Commission Deliberations August 7, 2013 Page 8 loud orange windmill on a farmer s property that you could see for about ten miles, and it was bad, and he was told that it was a factory color. Commissioner Wellner said that sounded bad. He said he thought there was an appropriate circumstance depending on where you are. He said in a rural area a 100-foot tower probably wouldn t be too much of an issue. He asked staff to tell him if he was wrong, and asked if someone has a 200 x 200 foot lot and a tower is placed in the middle, then could that tower be 100 feet tall in a residential area. Ms. Arendes said it if met the 100-foot setbacks it was unlikely, but conceivable. Commissioner Wellner asked if someone could put five or 10 roof-mounted systems on their residential house and asked if there s anything in place to limit that. Ms. Arendes said Commissioner Wellner s first example using the 200-foot lot would have to be a commercial wind energy conversion system and it would be 70 feet in a residential area. Commissioner Wellner asked if you have a 100-foot tower, will that produce more energy than a homeowner may need and if it does, would it be considered a commercial wind system and qualify to be 100 feet tall. Ms. Arendes said if it s more than what you can produce onsite then it s considered commercial and staff believes it should be subject to the commercial energy facility standards in addition to these standards. Chair San Soucie said you would also need to consider if there s a net metering relationship in place between the installation and the power company. He said he has solar panels on his house and generates more power than he uses in the summer and it s stored as credits by the electric company and those credits are used in the fall and winter when he s not generating as much power, so that needs to be considered. Ms. Arendes said a net metering system wouldn t be considered a commercial use as you are not getting paid but using the extra energy at other times of the year when you are not producing the energy needed. Commissioner Hirst said he s concerned with the ways to go about preventing garish-looking structures and asked at what point we need to be careful about how many restrictions are being placed on something, as opposed to a people s right to have something. He said it could be changed to say that the paint or finish blends with the surrounding area. He said there is a point where you can t keep on limiting stuff and not have a consequence to that limitation. Commissioner Petrillo said under the current feed-in tariff program the utility companies you can elect to receive payments, so it s not just a credit. He said we shouldn t assume the power people generate throughout the year will have a net balance, but some will produce more energy and receive a payment for the excess power produced. Ms. Arendes said they had a rural application for a solar array for a property owner who was participating in a feed-in tariff and it was processed under the commercial standards for public utilities that generate energy. Commissioner Petrillo said the feed-in tariff doesn t apply to large solar arrays in rural areas but it is part of the state s solar program for the typical residential installation and is now the standard. Chair San Soucie said net metering is more common than the feed-in tariff for residential, but they are both in use in various parts of the state.
Planning Commission Deliberations August 7, 2013 Page 9 Commissioner Bartholemy said he never heard the answer about how many wind turbines can be on a property. Ms. Arendes said the ordinance doesn t address quantity, but that roofmounted systems would be limited to how much roof area someone has and how much they are willing to invest. She said if someone produces so much energy they can t participate in a net meter system and it s considered a commercial system, it starts bringing in other standards that would make it harder. She said there is nothing in the code about quantity, but other parts of the code would limit the quantity and incentive to put up several roof-mounted systems. Commissioner Bartholemy asked if there would be a problem with limiting the noise to 55 decibels, if each one creates 55 decibels. Ms. Arendes said it was again a question of how much burden to put on the applicant, so it was a question of testing it once it was in place, or paying an expert to provide them with decibel levels, but it was a possibility to include it as a standard. Andy Back said the CDC historically has not regulated noise, as there was a separate noise ordinance in the county code, and it would be unique to put a noise standard in the CDC. He said it was not necessarily right or wrong; it just was historically how the county has handled noise issues. Commissioner Bartholemy said he believes there will be problems with the wind turbines as they make a lot of noise, and if they are not yours they might be annoying, especially when they fall down. Mr. Back said if the concern is noise then the PC could recommend the county look at this issue separately through its noise ordinance to see if there is an ability to regulate it. Commissioner Manseau said if land use and development was not monitoring the noise issue, equipment could be approved that would have to be removed because it exceeds noise standards in the noise code, and that could a problem. She said there needs to be a requirement for noise, especially if there is more than one system. She said you want to make the system easy for them to get approved, but not so easy that it is going to come back to bite the applicant and the county. She spoke on the color issue, saying that she believed that it is somewhere in code that when you have chain link fence that surrounds water quality facilities, there was a stipulation that it either be black or brown vinyl coated, which is an example of specific color choices being identified, to help the color blend into the landscape. Chair San Soucie said for wind systems that generate a lot of power there will be some structural issues for roofs to be able to support those, unless they are on separate towers and if they are separate there is a different compatibility question. He added that even solar panels can raise structural issues for roofs. He said that putting up six wind turbines would probably run afoul of building structural codes unless it was a reinforced roof. Commissioner Wellner said his concern is the person that wants to put that on their roof would then have a choice to put a 50-, 60-, 70-foot tower in their backyard. Commissioner Manseau said she went back to the question of whether these installations would be allowed on accessory structures, and the intent of having clear and objective standards. She said it bothered her that there was no clear standard of they must be installed more than three feet from a fence line or six feet from a fence line. She said somebody can t just pick up the code and say where it can go in their yard; they have to dig into the details, which really bothers her about this ordinance.
Planning Commission Deliberations August 7, 2013 Page 10 Mr. Back said they won t be developing that language now, but it was at PC discretion to provide guidance as staff goes before the Board. Commissioner Rickard said he agreed with Commissioner Hirst. He asked if there were restrictions in the code on what color you can paint your house, or the color of your roof, or flagpoles, which are things that can be seen from miles away. He stated that the PC should be completely reticent on the color and factory finish of the wind turbines on structures. He said these shouldn t be singled out when there are many other structures that can be seen with far more offensive colors. Commissioner Vial said he agrees with Commissioners Hirst and Rickard and said we are probably going to end up in a better place if we don t try and regulate the color at all because most people will want to get an installation that is compatible with the neighborhood. He said he did not support staff s proposal of limiting it to factory finishes. Commissioner Bartholemy said he wouldn t want to preclude the applicant from trying to pick colors that were less intrusive. The public hearing was opened. Joe Rayhawk, 15248 NW Germantown Road, Portland OR, spoke in support of limiting the noise from the general source, as opposed to a single wind turbine tower. He said having two towers in a line would add three to six decibels to the 55 decibels, and six on a roof could add up to 70 decibels. He said solar panels are becoming more practical and more are being installed faster. He said the equivalent of 12 gigawatts of solar energy was installed last year, which is the same as 24 nuclear plants, and that number will rise in the next decade. No one else wished to testify. The public hearing closed. Chair San Soucie asked if the PC would like to recommend Board approval of Ordinance No. 770 after considering staff s proposed amendments the possible amendments regarding the issues raised by the PC. He said asked if the PC wanted to propose the issues be considered, or get specific about direction. Commissioner Rickard said with respect to the factory finish, he proposed deleting the proposed engrossment of 430-1.7c. Chair San Soucie observed that this would remove the specifications on paint and finish color requirements. Commissioners Vial and Garcia concurred. Chair San Soucie noted that there had been discussion about quantity of roof-mounted systems, possible noise limits on aggregate wind turbine installation, and installation on accessory buildings. Commissioner Bartholemy said the aggregate amount of noise the wind turbines can produce should be regulated, especially in residential zones. Chair San Soucie noted Mr. Back conveyed that would need to be addressed in the County s noise ordinance as opposed to a land use criteria. He asked if that was okay with Commissioner Bartholemy or if he wanted to propose something more stringent. Commissioner Bartholemy said it should be specific to the wind turbines and in this ordinance.
Planning Commission Deliberations August 7, 2013 Page 11 Commissioner Manseau said she also supported the noise issue being part of code. Commissioner Hirst said with he assumed there was a noise ordinance in the county and that it limits noise to a certain number of decibels during certain times of the day. He asked if that was correct. Mr. Back said he believed it was structured that way. He said the noise ordinance was not a land use ordinance, so decisions on it were not limited to the time period of making a decision by the end of October. Commissioner Hirst asked if it could also be stated that the noise level not exceed what is in the noise ordinance. He said he was not sure they had enough information to come up with a figure that says it should be a certain number of decibels. Commissioner Manseau said if it remains as part of the noise code, as opposed to part of the CDC, there is a risk of applications being approved by land development and running afoul of noise code at a future time. She said they need to have something in the CDC to limit the amount of noise from wind-generated energy. Commissioner Rickard said he agreed with Commissioner Manseau but suggested that be done at a later date, as the noise ordinances appear to be administered by Health and Human Services (HHS) in Washington County. He recommended the Board coordinate with HHS to make sure there is certainty between both the CDC and the noise code chapter 8-24 to make sure the applicants know the rules and can find manufacturers that meet those requirements beforehand, so no one wastes time, effort, or money. Nadine Cook said the CDC does include an environmental standards stating, All development shall comply with the State Department of Environmental Quality Standards relating to noise. Demonstration of compliance maybe required by the review authority. She said this gives staff the authority within the code to review it if it s an issue and the county code refers to the DEQ standards. Chair San Soucie said they would need to ask that staff and Board deliberate appropriately on whether the DEQ standards for noise generated by wind energy systems in a residential area are clearly defined and adequate. Commissioner Wellner said he believed the DEQ standard says you can t increase the decibel level over the existing ambient noise level any more than 10 decibels. He said he was not sure what that meant, but that was the standard he was aware of. He added that he is struggling with the fact that they are looking at a solution that is the same in both the urban and rural areas, and in the majority of circumstances they won t run into a problem, but major problems may arise not just for the neighbors, but for the entire neighborhood. He asked if there is any simple language to suggest it needs to be fitting for the circumstance. He said it may not be an issue to have a 100-foot wind turbine on a forty-acre rural property, but it is on a half-acre lot in Cedar Mill. He encouraged the PC to suggest a recommendation for staff to take to the Board. Commissioner Petrillo said he would like this ordinance to move forward, and attach the concerns and recommendations to it. He opined that there was more to be gained than lost by moving this ordinance forward in terms of putting something in place that was not there now. He said the PC gets hung up on perfecting something to the point where it was hard to move it forward, or it is convoluted. He stated that this code would not be set in stone by moving it
Planning Commission Deliberations August 7, 2013 Page 12 forward, and parts of it can be perfected and amended down the road. He said he agrees with Commissioner Rickard that it was not appropriate to dictate color issues, as that was a Home Owners Association (HOA) issue. He said he agrees with the noise concern but prefers there be more data before making recommendations on the noise issue. Chair San Soucie said it appeared they are ready to move this ordinance forward to the Board. He summarized the issues that had been raised, and asked if the PC wanted to move this forward to the Board or make more modifications. Commissioner Manseau said her issue isn t so much the handling on accessory buildings, but that as you pick up the code, you can t just determine where the energy unit needs to be placed in terms of distance away from property lines. She said the CDC should clearly state how many feet a unit must be from a neighbor s fence. Commissioner Garcia moved to recommend Board adoption of Ordinance No. 770 with the staff recommendations minus the default painted finish stated in 430-1.7c. Commissioner Vial seconded the motion. Chair San Soucie asked if they wanted to include in the motion that staff examine potential regulations of noise levels and the issue with compatibility, particularly in the urban area. Commissioner Rickard made a friendly amendment to the motion to request the Board consider harmonizing with the existing noise code to effectuate the intent of what the PC was trying to do. Commissioner Hirst seconded the motion. Commissioner Garcia agreed to the friendly amendment as did Commissioner Vial. It was therefore moved to recommend Board adoption of Ordinance No. 770 with the amendments proposed by staff, minus section 430-1.7c, and that the Board examine PC concerns about noise levels of wind-generated systems, and take into consideration any other issues that the PC raised in conversation with staff. VOTE: 9-0
Planning Commission Staff Report July 10, 2013 Page 2 of 6 III. BACKGROUND was filed to update the CFP and the CDC in response to the rulemaking undertaken by the Department of Land Conservation and Development (DLCD) in February 2012. DLCD amended OAR 660-033-0120 and 0130 to comply with RLUIPA as a result of Young v. Jackson County ruling issued in 2008. The LUBA case dealt with RLUIPA, enacted by the federal government to prohibit state and local governments from imposing a substantial burden on the location and development of religious institutions. If a specific restriction is applied to religious institutions, the jurisdiction must offer a compelling reason why the restriction is being imposed. RLUIPA also states that religious institutions must be treated comparably to non-religious uses; this is called the equal terms clause. In the 2008 ruling on Young v. Jackson County, LUBA asserted that Jackson County s application of the rule that states no churches are allowed within three miles of the UGB violated the equal terms clause of RLUIPA. This case law states that the OAR did not place churches on equal terms with other similar uses. In February 2012 the final OAR amendments were made to update state administrative rules to comply with RLUIPA. Through proposed Ordinance No. 769, the county now seeks to update its CFP and CDC to implement these amendments to the OAR. Ordinance Notification and an accompanying summary were mailed to citizen participation organizations (CPOs) and interested parties on June 13, 2013. A display advertisement regarding the proposed ordinance was published in The Oregonian on June 28, 2013 and in the Hillsboro Argus on June 28, 2013. Individual Notice 2013-12 describing proposed Ordinance No. 769 was mailed to 256 individuals on the General Notification List on July 3, 2013. A copy of this notice was also mailed to the Planning Commission at that time. IV. ANALYSIS Oregon Administrative Rules 660-033-0120 and 0130 OAR 660-033 applies to exclusive farm lands across the state of Oregon. The OAR describes the uses that may be permitted outright or conditionally on farm land. The pre-2012 OAR included a three mile rule that stated churches, private parks, playgrounds, hunting and fishing preserves, schools, and campgrounds could not be sited within three miles of an urban growth boundary (UGB) unless an exception was taken to Goal 3, Agricultural Lands. In Washington County, this rule applies in the Exclusive Farm Use (EFU) and Agriculture and Forest 20 Acre (AF-20) Districts. The genesis for the three mile limitation was to ensure the integrity of UGBs in preventing urban-level uses on rural agricultural lands outside of UGBs. Schools, churches and parks are relatively land-extensive uses that may be interested in seeking land to purchase outside of a UGB, but close enough to serve their predominantly urban communities. Land outside UGBs is significantly less expensive than land inside UGBs due to the limits on rural and resource uses and the lack of available services. Uses regularly drawing from and serving urban populations,
Planning Commission Staff Report July 10, 2013 Page 3 of 6 with urban impacts, are effectively urban uses. As addressed by Goal 14 Urbanization, the state s long-standing policy is that urban uses of land should occur within urban growth boundaries. When Young v. Jackson County was decided, DLCD intiated rulemaking to expand the list of uses that would be required to comply with the three mile rule, albeit a new three mile rule. The new rule puts restrictions on this expanded set of uses if they choose to site within three miles of the UGB (See Table 1, below). The intent was to comply with RLUIPA by ensuring that similar uses, primarily public and quasi-public uses, are treated similarly when located within three miles of the UGB. Before the OAR required the approval of a goal exception in order to be sited within three miles of the UGB. The new restrictions relate exclusively to building size and occupancy limits for new structures. These restrictions are as follows: 1. No enclosed structure with a design capacity greater than one hundred (100) people, or group of structures with a total design capacity of greater than one hundred (100) people, shall be approved in connection with the use within three (3) miles of an UGB, unless an exception is approved pursuant to ORS 197.732 and OAR 660-004, or unless the structure is described in a master plan adopted under the provisions of OAR 660-034. 2. Any enclosed structures or group of enclosed structures described in Section 106-205 or within a tract must be separated by at least one-half mile. For purposes of this section, tract means a tract as defined by ORS 215.010(2) in existence as of June 17, 2010. 3. Existing facilities wholly within a farm use district may be maintained, enhanced or expanded on the same tract, subject to OAR 660-033. The new list of allowed uses is based on a more expanded set of uses where assemblies of 100 people or more may occur. The ordinance proposes to amend the CDC to reflect the new uses affected by the three mile rule. Table 1: Comparison of Uses Affected by the Three Mile Rule in OAR 660-033-0130 Old OAR Three Mile Rule Uses 1. Churches 2. Schools 3. Campgrounds 4. Private Parks 5. Playgrounds, 6. Hunting and Fishing Preserves New OAR Three Mile Rule Uses 1. Churches 2. Schools 3. Campgrounds 4. Private and Public Parks 5. Private and Public Playgrounds 6. Hunting and Fishing Preserves 7. Cemeteries in Conjunction with Religious Institutions 8. Community Centers 9. Firearms Training Facilities 10. Golf Courses 11. Living History Museums 12. Armed Forces Reserve Center
Planning Commission Staff Report July 10, 2013 Page 4 of 6 Processing Types for Uses Subject to OAR 660-033-0130 Upon review of the CDC, staff found many instances where an applicant seeking a religious-oriented use must go through a more difficult and costly Type III land use review rather than the Type II process a similar non-religious use would be required to undertake. Staff believes that making it more difficult to develop a religious related use than a similar non-religious use conflicts with the equal terms clause of RLUIPA. Where these instances were found, staff proposed amendments to CDC language to change the Type III process to establish religious institutions to a Type II process in land use districts where similar uses are processed through Type II development review requests. The county also proposes to remove the term "churches" and replace it with "religious institutions" in both the CFP and CDC. Using the term religious institutions will allow the county to expressly allow mosques, synagogues and other religious places of worship. Proposed Engrossments Staff received a letter from the Oregon Department of Land Conservation and Development requesting changes to. DLCD recommends the following wording replace Section 340-4.1.O and similar rewording for all other uses subject to proposed CDC Section 340-6 and 344-6. Religious Institutions and Cemeteries in Conjunction with Religious Institutions Section 430-116 and Section 430-27. Religious Institutions are not permitted on high value farmland. Religious institutions within three (3) miles of the UGB must also comply with Section 340-6. DLCD also recommended that the allowance for cemeteries not affiliated with religious institutions be removed since they are not specifically allowed in Chapter 215 of the Oregon Revised Statutes. Staff agrees with both of these recommendations. In addition, staff determined there was an unnecessary sentence in the proposed ordinance as filed. A sentence to prohibit those uses from being located within three miles of the UGB should be removed from three sections. Sections for removal are: Section 340-4.2 Schools, Section 344-4.2 Schools, and Section 344-4.1 Religious Institutions and Cemeteries in Conjunction with Religious Institutions. Staff also determined that the UGB proximity standards should have been added to Hunting and Fishing Preserve uses described in CDC Sections 340-5.2 E. and 344-5.2 E.. Hunting and Fishing Preserves must also comply with the UGB proximity standards in Section 340-6 and 344-6. Staff recommends these sections be revised as follows: 340-4.2 Permitted Uses which are subject to Section 340-4.3: O. U. Schools - Elementary and Nursery only, including all buildings essential for school operation. For required standards see Section 430-121. This use is not permitted on
high-value farmland., and shall not be approved on land within three (3) miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. Schools within three (3) miles of the UGB must also comply with Section 340-6. 340-5.2 Uses which may be allowed subject to Section 340-5.3: Planning Commission Staff Report July 10, 2013 Page 5 of 6 F.E. Hunting and Fishing Preserves - Section 430-69. This use is not permitted on high-value farmland. Hunting and fishing preserves within three (3) miles of the UGB must also comply with Section 340-6. 344-4.1 Permitted Uses which are exempt from Section 344-4.3: B.O. Churches and Cemeteries in Conjunction with Churches - Section 430-29. Religious Institutions and Cemeteries in Conjunction with Religious Institutions - Section 430-116. This use is exempt from Section 344-5.3. This use is not permitted on high-value farmland., and shall not be approved on land within three (3) miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. Religious institutions and cemeteries in conjunction with religious institutions within three (3) miles of the UGB must also comply with Section 344-6. 344-4.2 Permitted Uses which are subject to Section 344-4.3: O.U. Schools - Elementary and Nursery only, including all buildings essential for school operation. For required standards see Section 430-121. This use is not permitted on high-value farmland.,and shall not be approved on land within three (3) miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR 660, Division 4. Schools within three (3) miles of the UGB must also comply with Section 344-6. 344-5.2 Uses which may be allowed subject to Section 344-5.3: F.E. Hunting and Fishing Preserves - Section 430-69. This use is not permitted on high-value farmland. Hunting and fishing preserves within three (3) miles of the UGB must also comply with Section 344-6.
Planning Commission Staff Report July 10, 2013 Page 6 of 6 Summary of Proposed Changes proposes to amend the Comprehensive Framework Plan for the Urban Area and the Community Development Code as follows: 1. Exhibit 1 Amends the Comprehensive Framework Plan for the Urban Area by changing the term church to religious institution, in Policy 18 - Plan Designations and Locational Criteria for Development, Policy 41 Urban Growth Boundary Expansions, and Policy 43 - Community Design for New Urban Areas. 2. Amends the Community Development Code by: Conforming the CDC s list of uses of public and quasi-public uses on farm land within three miles of the urban growth boundary (UGB) to conform with the revised list in OAR 660-033-0130. Previous state law applied the "three mile" restriction only to churches, schools, campgrounds, private parks, playgrounds, and hunting and fishing preserves. The proposed ordinance expands the list of uses subject to the three mile restriction outlined in OAR 660-033-0130. These new uses include parks, community centers, cemeteries, schools, campgrounds, golf courses, living history museums, armed forces reserve centers, firearms training facilities, and public buildings. Limiting capacity of any structure within this revised list of uses to a design capacity of 100 people and establishing a required minimum distance between enclosed structures or groups of enclosed structures on the same tract. Removing the term "churches" and replacing it with "religious institutions. Changing the procedure type for development review of religious institutions to match the review type of similar uses, such as membership organizations and other places of assembly. M:\Shared\PLNG\WPSHARE\2013ord\Ord769_RLUIPA\Staff_Reports\PC\Ord769_PC_SR_071713.doc
PAPA 009 13, Washington County Page 2 of 2 7.10.13 Best Regards, Anne Debbaut Metro Regional Representative Department of Land Conservation and Development anne.debbaut@state.or.us 503.725.2182 cc: Andy Back, Washington County, Planning and Development Services Manager (email) Aisha Willits, Washington County, Principal Planner (email) Katherine Daniels, Rob Hallyburton, DLCD (email) DLCD Staff Files (email)
WASHINGTON COUNTY PLANNING COMMISSION MINUTES OF WEDNESDAY, JULY 17, 2013 ALL PUBLIC MEETINGS ARE RECORDED I. CALL TO ORDER: 6:34 P.M. Room 140, Public Services Building The meeting was called to order by Chair San Soucie. II. ROLL CALL Planning Commission (PC) members present: Marc San Soucie, Herb Hirst, Ed Bartholemy, Liles Garcia, Mary Manseau, Jeff Petrillo, Matt Wellner and Richard Vial. Scott Rickard was absent. Richard Vial arrived at 8:10 p.m. Staff present: Andy Back, Aisha Willits, Suzanne Savin, Paul Schaefer, Steve L. Kelly, Dyami Valentine, Steven Szigethy, Mike Dahlstrom, Clare Fuchs, Angela Brown, and Connie McCracken, Long Range Planning; Jacqui Saito-Moore, County Counsel; Nadine Cook, Anne Kelly, Carine Arendes, Current Planning. III. DIRECTOR S REPORT Andy Back stated that the Board adopted Ordinance No. 767 on July 16, 2013. Ordinances No. 765 and 766 had their first engrossment hearings on that date and were continued to July 23, 2013. He added that Ordinance No. 771, North Bethany Amendments, was filed on June 19, 2013 and will be on the August 7, 2013 PC agenda. The Home Occupation Ordinance should be filed on July 18, 2013. The Area 93 Ordinance is expected to be filed on July 30, 2013, and the Area 93 Transfer Committee meeting is scheduled for July 25, 2013 from 2:00-4:00 p.m. at the French American School. Mr. Back informed the PC that Aisha Willits had accepted a position with THPRD, and this PC meeting would be her last. Mr. Back stated that the May 2014 meetings had been switched to accommodate Budget hearings. The May 7, 2014 meeting will be a night meeting and the May 21, 2014 meeting will be a day meeting. IV. WORK SESSION Ordinance No. 771 - An Ordinance Amending the Bethany Community Plan, the Community Development Code (CDC) and the Comprehensive Framework Plan for the Urban Area as Related to Implementation of the North Bethany Subarea Plan Department of Land Use & Transportation Planning and Development Services Long Range Planning 155 N First Avenue, Ste. 350 MS 14 Hillsboro, OR 97124-3072 phone: (503) 846-3519 fax: (503) 846-4412 TTY: (503) 846-4598 www.co.washington.or.us
Planning Commission Minutes July 17, 2013 Page 2 of 7 Suzanne Savin provided a handout (see meeting file for copy) and discussed Ordinance No. 771, which is scheduled to be heard at the August 7, 2013 PC meeting. Because of possible conflict of interests with his employer, Commissioner Wellner might not participate in the North Bethany hearings, but this has not been decided. Ordinance for Area 93 Applies the Future Development 20-Acre District (FD-20) Designation to Area 93 when the Boundary Change becomes effective Suzanne Savin provided a handout describing the ordinance, which is not yet numbered. (See meeting file for copy.) The ordinance proposes to apply the FD-20 designation to Area 93 when the boundary change becomes effective in 2014. She noted that House Bill (HB) 3067 was approved by the Oregon legislature and became effective on June 6, 2013. The bill required Multnomah and Washington counties to adopt a Transfer Agreement for Area 93 by January 1, 2014. Staff at Washington and Multnomah counties are collaborating on the draft of a Transfer Agreement for Area 93, which will be adopted by the Boards of both counties. The governor will need to approve the Transfer Agreement after its adoption by the counties. After the Transfer Agreement signed by the governor, the Area 93 boundary will be become effective at 12:01 a.m. on January 1, 2014. Ordinance No. 773 Amendments to Home Occupation Standards in CDC Section 430-93 Anne Kelly provided a handout (see meeting file for copy) describing this proposed ordinance, which was a 2010 Work Program request, and which is scheduled to be filed on July 18, 2013. The proposed ordinance also responds to economic goals of the Aloha-Reedville Livable Community Plan, as expressed by community members. Ms. Kelly provided an overview of this ordinance, which addresses existing CDC Home Occupation Standards that currently prevent retail sales of pre-manufactured products. V. ORAL COMMUNICATIONS None VI. CONSIDERATION OF MINUTES It was moved that the June 5, 2013 PC minutes be adopted as written. Motion: Hirst 2 nd : Garcia VOTE: 5-0, San Soucie and Petrillo abstained, as they did not attend the meeting. It was moved that the June 19, 2013 PC minutes be approved as written. Motion: Hirst 2 nd : Garcia VOTE: 6-0, Commissioner Petrillo abstained, as he did not attend the meeting.
Planning Commission Minutes July 17, 2013 Page 3 of 7 VII. PROPOSED ORDINANCE NO. 768 (continued from June 19, 2013) An Ordinance Amending the Transportation Element of the Comprehensive Plan (TSP Update) Steve Kelley gave a brief staff report. He recommended that the PC conduct the second public hearing on Ordinance No. 768; and recommend approval to the Board with the proposed engrossments in Attachment D of the staff report. The Board will have its first hearing on the ordinance on August 6, 2013. He noted the following attachments to the staff report: Attachment A - Goals / Objectives and Strategies Summary Attachment B - Staff response to testimony Attachment C - Staff response to questions posed by Planning Commission members Attachment D - Proposed Engrossments to Ordinance No. 768 Commissioner Wellner asked about staff s response to Commissioner Manseau s comment on Attachment C, page 11, referring to Exhibit 13, page 3. He asked if staff s intent was to amend CDC language to require added improvements to future development. Steve Szigethy said Strategy 8.1.4 reflects the current requirements in the CDC to have sidewalks on all streets in newly developing areas, and bike lanes if it is a collector or above. Andy Back stated that the intent of the Transportation Plan in this case was to enable the CDC to change, consistent with this policy. He said that as part of a future decision, the PC and the Board could either conclude that the existing CDC as written is consistent with this policy, or that this policy directs changes to the CDC to require more pedestrian, bike lanes and other elements of complete streets. Mr. Kelley said this included off-site improvements, and provided a strategy to allow the CDC to be updated to include the ability to respond to changing circumstances. He said this enables such future change, if so directed by the PC, the Board, and the community. Commissioner Wellner said this doesn t necessarily enact Strategy 8.1.4 change, and asked if the Board could make that change today without this strategy. Mr. Kelley said yes. He said this strategy provides the policy direction for that change if it occurs. Commissioner Manseau said regarding the two-page document they received at today s work session, the bottom of the page addresses funding and safety and she thinks those two strategies should be considered. She said under funding, Washington County doesn t maintain off-street trails and there should be a funding goal highlighting the need for Washington County to work with other Washington County jurisdictions to seek funding for these off-street trails. She said it s important to work with THPRD because there is money going to other jurisdictions because Washington County isn t doing as much coordination. She said in regard to safety she would like to see a Strategy 1.3.4 added to say traffic management devices and traffic calming devices should be considered during the land development review
Planning Commission Minutes July 17, 2013 Page 4 of 7 process when speed and volume on the roads is anticipated as set forth in the Washington County Road Design and Construction Standards. Chair San Soucie said he agreed with Commissioner Manseau. He asked, regarding safety, if Commissioner Manseau was suggesting the devices she highlighted be required or just considered to be required. Commissioner Manseau said when speed and traffic volume issues are identified, something should be done. She said consideration could be a softer word, but she would like to see the word required. Mr. Kelley said staff believed the off-street trail issue was covered under active transportation and coordination issues, but adding it to funding isn t a problem if the PC says it is needed. He said he believes they do cooperate with and work on funding with THPRD, and could add it to the funding chapter. Chair San Soucie said Commissioner Manseau s wording is good, and should be used. Commissioner Manseau said on the second page she provided more of a wish list of what she would like to see as this process moves forward. She expressed her appreciation to staff for their attention to the lengthier list she provided. Mr. Kelley said the items Commissioner Manseau suggested are good, and they may not be able to get to them all, but they will try. Chair San Soucie said he was impressed with the staff report after the last hearing, seeing the substantial number of changes that were proposed to the ordinance in response to the comments that were submitted and also expressed his appreciation of staff. He added those testifying at the last hearing that weren t here today are most likely pleased as well toward staff responses of their comments. Commissioner Manseau concurred. Mr. Kelley said that he had additional thoughts on the traffic calming issue. He said they can consider the new Strategy on 1.3.4, but isn t sure it is the direction the county wants to go. He said the current practice is to consider traffic management devices on special area streets, which is enabled through the road standards and addressed in the Transportation Plan and the CDC. He said on local and non-special area designated streets the practice is not to consider or install traffic management control devices until a problem occurs. He said the reason why they are reactive in this way is that they need to determine the extent of the problem and discuss with the community how the devices would go in. He said to include Commissioner Manseau s suggestions about safety would be a distinct shift in current practice. Commissioner Manseau said there is a shift in that direction with the adoption of the Washington County Road Design and Construction Standards, which state that traffic calming devices should be considered when new development is being approved. She added she would like staff to move in that direction.
Planning Commission Minutes July 17, 2013 Page 5 of 7 Commissioner Wellner moved the discussion back to Strategy 8.1.4. He said they provide complete street connections within a project when doing a development application. He said that the Garden Home development is at the end of a long street without sidewalks. It has 19 feet of pavement with a collector road just under a mile away. Currently, they have to provide a 22-foot wide paved surface between their project and that collector road. He asked if the strategy associated with this objective would lead the Board down a path where the developer would have to provide three-quarters of a mile of 22-foot wide paved surface, a 6-foot bicycle lane, and a 5-foot sidewalk, when today they have to add just three extra feet of asphalt. Mr. Kelley said if this was implemented, they will investigate multi-modal performance measures, different ways to treat larger developments, and the performance measures used to assess their impacts on the system. Commissioner Wellner said the confusing part is the way the question was raised and the responses that followed. Commissioner Garcia asked if right-of-way acquisition problems could arise if the development community has to build three-quarters of a mile of road that meets current standards. Mr. Kelley said yes. He added that development size is part of the equation, and they need to be careful about what ends up in the CDC coming out of a change in performance measures. Commissioner Wellner said the bottom of the page says the intent of this strategy is to enable a change to the CDC, to allow this to become the responsibility of development. He asked if that was different from the current requirements on new development, or if this was a fix. Chair San Soucie asked if he understood correctly that staff is recommending engrossment of the ordinance with a number of changes as specified in Attachment D of the staff report. Mr. Kelly confirmed this. Commissioner Wellner asked for clarification regarding Page 11of Attachment C, Exhibit 13, which addresses half-street improvements. Mr. Kelley said that multi-modal performance measures will be created. These will define what improvements will be required in new developments. The public hearing was opened. No one present wished to testify. The public hearing was closed. Deliberations Chair San Soucie said that staff had provided the PC with a thorough and detailed response to the vast majority of the testimony received. He said it would serve as the anchor for PC consideration of a recommendation to the Board, with a few additional elements that Commissioner Manseau has brought to the table. He noted that a recommendation could be based on the proposed engrossment amendments in Attachment D, and left in staff s hands to generate responses to Commissioner Manseau s recommendations and questions. He added that the PC could propose more changes to the ordinance via amendment motions, or something in between.
Planning Commission Minutes July 17, 2013 Page 6 of 7 Commissioner Manseau said that, from staff s response to her previous questions, they had built a tremendous amount of trust, and she felt very comfortable going forward and recommending that the Board engross the second version of the ordinance, and allow staff to look at the additional questions and issues that she raised and do with them as they wish. Commissioner Manseau moved to recommend to the Board engrossment of Ordinance No. 768 with the changes recommended to the PC by staff in Attachment D, plus additional changes that staff will develop based on the supplemental questions submitted by Commissioner Manseau today and as discussed this evening. Commissioner Hirst seconded. Chair San Soucie asked if there was any further discussion on that motion, with respect to Ordinance No. 768. There was none, so he asked all those in favor to say, Aye. Motion: Manseau 2 nd : Hirst VOTE: 7-0 Chair San Soucie thanked staff, noting that there was much more work to be done on the Transportation System Plan next year and that portions of this ordinance may be revisited during that time. He added that if anyone listens to this recording in its MP3 format six months from now, and wants to know what they can do to amend this ordinance, they should just send in their comments, because there would still be an opportunity. He thanked everybody, saying he appreciated their work. He personally thanked Commissioner Manseau for an extraordinarily detailed reading of the document, and staff for really stepping up and doing a wonderful job of responding to that and the other comments that they received from the PC. VIII. PROPOSED ORDINANCE NO. 769 - An Ordinance Amending the Comprehensive Framework Plan for the Urban Area and the Community Development Code Relating to the Religious Land Use and Institutionalized Persons Act (RLUIPA) Clare Fuchs spoke on and provided a Power Point presentation. (See meeting file for copy.) There was much discussion regarding the RLUIPA terminology. The PC asked staff to provide more information on the following topics: Definition of Religious Institution Rationale for the proposed Type II review process for cemeteries Responses to written questions posed by Chair San Soucie and Commissioner Manseau and oral questions posed by all commissioners at the hearing The public hearing was opened. No one present wished to testify. It was moved to continue to the August 7, 2013 PC meeting. Motion: Hirst 2 nd : Manseau VOTE: 7-0
July 3, 2013 Individual Notice No. 2013-12 At your request, Long Range Planning is providing you with Individual Notice No. 2013-12 which describes proposed Land Use. Ordinance Purpose and Summary Who Is Affected What Land Is Affected Key Provisions proposes to amend the Comprehensive Framework Plan for the Urban Area and the Community Development Code (CDC) to comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA). The state's final amendments to OAR 660-033-0120 (RLUIPA rulemaking) occurred in February 2012, so the county is now updating its Comprehensive Plan to implement the new OAR. Owners of properties located in all unincorporated Washington County land use districts except for properties located in the General Commercial District (GC), Industrial District (IND), and Exclusive Forest and Conservation District (EFC). Properties located in all unincorporated Washington County land use districts except for properties located in the General Commercial District (GC), Industrial District (IND), and Exclusive Forest and Conservation District (EFC). Limits certain public and quasi-public uses within three miles of the urban growth boundary (UGB) to all uses the state now applies the restriction to. The old state law and the county s CDC applied the "three mile" restriction only to churches. Removes the term "churches" and replaces it with "religious institutions" in the Comprehensive Framework Plan for the Urban Area and the CDC. Changes the procedure type for development review of churches to match the review type of similar uses, such as membership organizations and other places of assembly. Expands the number of uses subject to additional restrictions outlined in OAR 660-033-0120. These uses include parks, community centers, cemeteries, schools, campgrounds, golf courses, living history museums, and public buildings. Initial Public Hearings Time and Place Planning Commission 7:00 pm July 17, 2013 Board of Commissioners 10:00 am August 20, 2013 Hearings will be held in the Shirley Huffman Auditorium in the Charles D. Cameron Public Services Building, 155 North First Avenue, Hillsboro, Oregon. Department of Land Use & Transportation Planning and Development Services Long Range Planning 155 N First Avenue, Ste. 350 MS 14 Hillsboro, OR 97124-3072 phone: (503) 846-3519 fax: (503) 846-4412 TTY: (503) 846-4598 www.co.washington.or.us