(Ord. 2025 § 2, 2011; Ord. 2051 § 2, 2012; Ord. 2106 § 2 (Exh. F), 2015; Ord. 2112 § 2 (Exh. B), 2015; Ord. 2140 § 2, 2017; Ord. 2166 § 1, 2018; Ord. 2218 § 2 (Exh. B), 2022Ord. 2235 § 2, 2023)
The purpose of the Willamette Greenway Zone is to protect, conserve,
enhance, and maintain the natural, scenic, historic, economic, and
recreational qualities of lands along the Willamette River and major
courses flowing into the Willamette River.
The Willamette Greenway Zone is that area within the Willamette
Greenway plan boundary identified on the Zoning Map. The WG Zone is
in combination with the underlying zone.
All land use actions and any change or intensification of use, or development permitted in the underlying zone, are conditional uses, subject to the provisions of Section 19.905.
Prohibited uses:
A.
Commercial, industrial and residential structures and residential
accessory structures exceeding 35 ft in height west of McLoughlin
Blvd;
B.
Residential floating structures;
C.
New private noncommercial boathouses or storage structures, including
temporary structures;
D.
New private noncommercial docks exceeding 400 sq ft;
E.
Grading and tree cutting is prohibited in the buffer, except as allowed
in Subsections 19.401.8.B.1 through 6.
means making a different use of the land or water which requires
construction; alterations of the land, river bed, bank, water, or
other areas outside of existing buildings or structures; and which
substantially alters or affects the land or water. It does not include
a change of use of a building or other structure that does not substantially
alter or affect the land or water upon which it is situated. Landscaping,
construction of driveways, modifications of existing structures, the
construction or placement of such subsidiary structures or facilities
as are usual and necessary to the use and enjoyment of existing improvements
(such as swing sets and patios), the improvement of existing paved
recreation trails, or the construction of new, low-impact pathways
within parks shall not be considered a change of use.
means activities which result in removal of substantial amounts
of vegetation or in the substantial alteration of natural site characteristics;
e.g., to construct or alter a structure, to conduct a mining operation,
to make a physical change in the use or appearance of land, to divide
land into parcels, to create or terminate rights of access.
means the act, process, or result of developing.
means the measurement of mature trees as measured at a height
4.5 ft above the mean ground level at the base of the tree. Trees
existing on slopes are measured at the lowest point of ground at the
base of the tree. If a tree splits into multiple trunks below 4.5
ft above ground level, the measurement is taken at its most narrow
point below the split.
means the channel of the river and the adjacent land areas
that must be reserved to discharge the base flood without cumulatively
increasing the water surface elevation more than 1 ft (FEMA definition).
means any change of use; or action which increases or expands
the area or amount of an existing use or the level of activity, including
remodeling the exterior of a structure if the remodeling substantially
alters the appearance of the structure. Maintenance and repair usual
and necessary for the continuance of an existing use is not an intensification
of use. Reasonable emergency procedures necessary for the safety or
the protection of property are not an intensification of use. Residential
use of lands within the WG Zone includes the practices and activities
customarily related to the use and enjoyment of one's home. Landscaping,
construction of driveways, modifications of existing structures, the
construction or placement of such subsidiary structures or facilities
as are usual and necessary to the use and enjoyment of existing improvements
(such as swing sets and patios), the improvement of existing paved
recreation trails, or the construction of new, low-impact pathways
within parks shall not be considered an intensification of use.
means trees with at least a 6-in diameter at breast height
(DBH).
means public recreational trails or public walkways located
a minimum of 150 ft from the top of Willamette riverbank and constructed
of permeable material if at-grade, up to 12 ft in width.
means plant species indigenous to the Portland metropolitan
area, consisting of trees, shrubs, and ground cover, as identified
in the Portland plant list.
means water-dependent or water-related structures, usually
made of wood or concrete and containing a flotation system of polystyrene
or similar materials, that ride on the river surface anchored by a
cable either to the river bed, to piling, or to the riverbank, for
uses including, but not limited to: public walks or river access not
associated with marina or moorage; waterski jumps; swimmer's resting
platform; storage of marine-related equipment or boat storage; or
boat fueling facility. Sometimes fully enclosed buildings are situated
atop the floating structure. Restaurants, snack bars, and the like
are included in this definition.
means the line on the bank or shore to which the water ordinarily
rises annually. Ordinary high water shall be established by the Division
of State Lands (DSL) with reference to historical data, vegetation,
field observations, survey, or other generally accepted methods.
means facilities that enable the public to safely make physical
contact with the river and its environs.
(houseboat or floating home) means single- or multifamily
dwellings supported on the river by a flotation system, which may
include a system of piles, berths, walkways, and ramps. This is not
a water-dependent or water-related use.
means related to, living, or located on the bank of a waterway.
means a land feature or constructed structure that serves
to contain the Waters of the river. It can be distinguished from upland
areas by the presence of riparian vegetation in close proximity to
flowing water. Usually the riverbank represents the limits of seasonal
high water and periodic flood waters.
means any form of surety approved by the City Attorney, including,
but not limited to: performance bond, letter of credit, or cash escrow
account.
means an area of unobstructed view. The width of a view window
shall be measured at the point where vegetation is removed.
means a use or activity which can be carried out only on,
in, or adjacent to water areas because the use requires access to
the water body for waterborne transportation, recreation, energy production,
or source of water.
means uses which are not directly dependent upon access to
a water body, but which provide goods or services that are directly
associated with water dependent land or waterway use, and which, if
not located adjacent to water, would result in a public loss of quality
in the goods or services offered. Except as necessary for Water-dependent
or water-related uses or facilities, residences, parking lots, spoil
and dump sites, roads and highways, restaurants, businesses, factories,
and trailer parks are not generally considered dependent on or related
to water location needs.
The following procedures shall govern the application of WG
zones:
A.
In the WG Zone, all uses and their accessory uses are permitted subject to the provisions of Section 19.905, except as noted in Subsection 19.401.5.B and Subsection 19.401.5.D.
B.
Willamette Greenway review is not required for any of the activities
listed below:
1.
Changes to the interior of a building or alterations of buildings
or accessory structures that do not increase the size or alter the
configuration of the building or accessory structure footprint;
2.
Normal maintenance and repair as necessary for an existing development;
3.
Removal of plants listed as nuisance species on the Oregon Noxious
Weed List or Milwaukie Invasive Tree List;
4.
Addition or modification of existing utility lines, wires, fixtures,
equipment, circuits, appliances, and conductors by public or municipal
utilities;
5.
Flood emergency procedures, and maintenance and repair of existing
flood control facilities;
6.
Placement of signs, markers, aids, etc., by a public agency to serve
the public;
7.
Establishment of residential accessory structures or uses, such as lawns, gardens, and play areas, subject to the vegetation buffer requirements of Subsection 19.401.8;
8.
Ordinary maintenance and repair of existing buildings, structures,
parking lots, or other site improvements;
9.
Minor repairs or alterations to existing structures for which no
building permit is required;
10.
A change of use of a building or other structure that does not
substantially alter or affect the land or water upon which it is situated;
11.
Construction of driveways;
12.
Reasonable emergency procedures as necessary for the safety
or protection of property; and
C.
The Oregon Department of Parks and Recreation shall be notified of
a hearing on a conditional use in the WG Zone. The notice shall be
sent via "certified mail, return receipt requested."
D.
A greenway conditional use is required for all intensification or change of use, or alteration of the vegetation buffer area, or development, as defined in this section. Landscaping, Construction of driveways, modifications of existing structures, or the construction or placement of such subsidiary structures or facilities as are usual and necessary to the use and enjoyment of existing improvements shall not be considered a change in use or intensification. Approval shall be granted only if the criteria in Subsection 19.401.6 are met.
E.
Submittal Requirements
A vegetation/buffer plan must be submitted for each application for a greenway conditional use permit. A buffer plan is required only if the proposed development impacts the vegetation buffer defined in Subsection 19.401.8.
F.
Written notice, including a copy of the application, will be sent
upon receipt to the Oregon Parks and Recreation Department by certified
mail—return receipt requested. The Oregon Division of State
Lands, Oregon Department of Fish and Wildlife, and State Marine Board
shall also be notified of each application.
G.
Written notice shall be provided to the Oregon Division of State
Lands after the land use action is final for activities affecting
wetlands or submerged or submersible lands within the Willamette River
greenway. The notice shall include local government conditions of
approval.
The following will be taken into account in the consideration
of a conditional use:
A.
Whether the land to be developed has been committed to an urban use,
as defined under the State Willamette River Greenway Plan;
B.
Compatibility with the scenic, natural, historic, economic, and recreational
character of the river;
C.
Protection of views both toward and away from the river;
D.
Landscaping, aesthetic enhancement, open space, and vegetation between
the activity and the river, to the maximum extent practicable;
E.
Public access to and along the river, to the greatest possible degree,
by appropriate legal means;
F.
Emphasis on water-oriented and recreational uses;
G.
Maintenance of or increase in views between the Willamette River
and downtown;
I.
Conformance to applicable Comprehensive Plan policies;
J.
The request is consistent with applicable plans and programs of the
Division of State Lands;
K.
A vegetation buffer plan meeting the conditions of Subsections 19.401.8.A
through C.
On a case-by-case basis, uses that are not water-dependent or water-related shall be evaluated according to criteria of Subsection 19.401.6 above so that they are directed away from the river. Existing and proposed uses that are water-dependent and water-oriented may be permitted near or at the water's edge subject to review of criteria in Subsection 19.401.6 above.
A.
A buffer strip of native vegetation shall be identified along the
river, which shall include the land area between the river and a location
25 ft upland from the ordinary high water line. This area shall be
preserved, enhanced, or reestablished, except for development otherwise
allowed in this title, and subject to the requirements of Subsection
19.401.8.B below.
B.
Prior to development (e.g., removal of substantial amounts of vegetation
or alteration of natural site characteristics) within the buffer,
a vegetation buffer plan for the buffer area shall be submitted for
review and approval. The plan shall address the following areas and
is subject to the following requirements:
1.
Riverbank Stabilization
The plan shall identify areas of riverbank erosion, and provide
for stabilization. Bioengineering methods for erosion control shall
be used when possible. When other forms of bank stabilization are
used, pocket plantings or other means shall be used to provide vegetative
cover.
2.
Scenic View Protection (Screening)
The plan shall identify the impact of the removal or disturbance
of vegetation on scenic views from the river, public parks, public
trails, and designed public overlooks.
3.
Retain Existing Native Vegetation and Large Trees
The plan shall provide for the retention of existing large trees and existing native vegetation, including small trees, ground covers, and shrubs, within the vegetation buffer area. The regulations in Chapter 16.32 Tree Code apply in addition to the regulations in this chapter. Removal of native vegetation and large trees is allowed pursuant to the following standards:
a.
Large trees that are diseased, dead, or in danger of falling
down may be removed if there is a clear public safety hazard or potential
for property damage.
b.
Grading or tree removal is allowed in conjunction with establishing
a permitted use. Only the area necessary to accommodate the permitted
use shall be altered.
c.
Tree and vegetation removal may be allowed to create 1 view
window from the primary residential structure to the river when suitable
views cannot be achieved through pruning or other methods. The width
of a view window may not exceed 100 ft or 50% of lineal waterfront
footage, whichever is lesser. The applicant must clearly demonstrate
the need for removal of trees and vegetation for this purpose.
4.
Restore Native Vegetation
The plan shall provide for restoring lands within the buffer
area which have been cleared of vegetation during construction with
native vegetation.
5.
Enhance Vegetation Buffer Area
The plan may provide for enhancing lands within the buffer area. Regular pruning and maintenance of native vegetation shall be allowed. Vegetation that is not native, except large trees, may be removed in accordance with the regulations in Chapter 16.32. New plant materials in the buffer strip shall be native vegetation.
6.
Security that the Plan will be Carried Out
The approved vegetation buffer shall be established, or secured,
prior to the issuance of any permit for development.
C.
The vegetation buffer requirements shall not preclude ordinary pruning
and maintenance of vegetation in the buffer strip.
Private noncommercial docks are subject to the following requirements:
A.
Only 1 dock is allowed per riverfront lot of record.
B.
In areas designated as open water areas or special management areas
by the Division of State Lands, docks may be restricted or additional
requirements may be applied to docks. Restrictions or additional requirements
will be identified by DSL in their review of the Development application.
C.
Private, noncommercial docks shall not exceed 400 sq ft (square footage
is measured as the width times the length of the outer edge of the
structure), with the following exceptions:
D.
Docks, pilings, and walkways shall either be dark natural wood colors,
or painted dark earthtones (dark brown or green).
E.
Private noncommercial docks shall not:
1.
Restrict boat access to adjacent properties;
2.
Interfere with the commercial navigational use of the river, including
transiting, turning, passing, and berthing movements;
3.
Interfere with critical fish and wildlife habitat or fishing use
of the river as determined by Oregon Department of Fish and Wildlife;
nor
4.
Significantly add to recreational boating congestion.
The WG Zone is intended to be temporary and will be replaced
by the Willamette Greenway Design Plan when it is completed. The Willamette
Greenway Design Plan is identified in the Comprehensive Plan of the
City.
(Ord. 2036 § 3, 2011; Ord. 2110 § 2 (Exh. G), 2015; Ord. 2140 § 2, 2017; Ord. 2161 § 2, 2018; Ord. 2166 § 1, 2018; Ord. 2218 § 2 (Exh. B), 2022)
Section 19.402 is to be interpreted consistently with the following:
A.
Section 19.402 provides protection for water quality resources under Statewide Land Use Planning Goal 6 and Sections 1-4 of Title 3 of the Metro Urban Growth Management Functional Plan (UGMFP). Section 19.402 also provides protection for designated natural resources that have been identified for the purposes of implementing Statewide Planning Goal 5 relating to significant natural riparian, wildlife, and wetland resources and Title 13 of the UG-MFP.
B.
Many of Milwaukie's riparian, wildlife, and wetland resources have
been adversely affected by development over time. These regulations
seek to minimize additional adverse impacts and to restore and improve
resources, where possible, while balancing property rights and Development
needs of the city.
C.
It is also the intent of Section 19.402 to:
1.
Designate water quality resources (WQRs) to protect the functions
and values of riparian and wetland resources at the time of development.
2.
Protect and improve the functions and values that contribute to water
quality and to fish and wildlife habitat in urban streamside areas.
These functions and values include, but are not limited to:
a.
Vegetated corridors to separate protected water features from
Development.
b.
Microclimate and shade.
c.
Streamflow moderation and water storage.
d.
Water filtration, infiltration, and natural purification.
e.
Bank stabilization and sediment and pollution control.
f.
Large wood recruitment and retention and natural channel dynamics.
g.
Organic material resources.
3.
Designate habitat conservation areas (HCAs) to implement the performance
standards of Title 13 of the UGMFP for riparian areas and fish and
wildlife habitat, and to protect significant local Goal 5 resources
such as wetlands.
4.
Provide nondiscretionary (clear and objective) standards, as well
as a discretionary review process, applicable to development in HCAs,
in accordance with Goal 5.
5.
Allow and encourage habitat-friendly development while minimizing
the impact on water quality and fish and wildlife habitat functions.
6.
Permit residential cluster development to encourage creative and
flexible site design that is sensitive to the land's natural features
and adapts to the natural topography.
7.
Provide mitigation standards for the replacement of ecological functions
and values lost through development in WQRs and HCAs. This includes
restoration of designated natural resources that are temporarily disturbed
during development, as well as mitigation for permanent disturbance
of those areas as a result of development.
8.
Preserve existing native vegetation against removal and replacement
with lawns, gardens, or other nonnative plantings.
D.
Section 19.402 allows development in situations where adverse impacts from the Development can be avoided or mitigated and where the strict application of these rules would deny reasonable economic use of property.
E.
It is not the intent of Section 19.402 to:
1.
Impose any obligation on property owners to restore existing developed
sites to preDevelopment or natural conditions when no new activity
is proposed.
2.
Impose any unreasonable hardship against the continued maintenance
of existing legal site conditions.
3.
Apply to activities that do not affect WQRs or HCAs.
4.
Prohibit normal lawn and yard landscape planting and maintenance
that does not involve removal and replacement of existing native vegetation.
Normal lawn and yard planting and maintenance does not include the
planting of invasive nonnative or noxious vegetation, including, but
not limited to, plants listed as nuisance species on the Oregon Noxious
Weed List or Milwaukie Invasive Tree List established in Subsection
19.402.2.G.
D.
Nonconforming development that was legally existing for WQRs as of January 16, 2003, the effective date of Ordinance #1912, or that was legally existing for HCAs as of September 15, 2011, the effective date of Ordinance #2036, and that is nonconforming solely because of Section 19.402, shall not be subject to the provisions of Chapter 19.800 Nonconforming Uses and Development. However, development that is nonconforming for other reasons shall be subject to the provisions of Chapter 19.800.
E.
The requirements of Section 19.402 apply in addition to all applicable local, regional, State, and federal regulations, including those for wetlands, trees, and flood management areas. Where Section 19.402 imposes restrictions that are more stringent than regional, State, and federal regulations, the requirements of Section 19.402 shall govern.
F.
Development in or near wetlands and streams may require permits from
the Oregon Department of State Lands (DSL) and the U.S. Army Corps
of Engineers (Corps). If a federal permit is required, a water quality
certification from the Oregon Department of Environmental Quality
(DEQ) may also be required. The Planning Director shall notify DSL
and the Corps when an application for development within streams and
wetlands is submitted. Because these agencies may have more restrictive
regulations than the City, applicants are encouraged to contact them
before preparing development plans.
G.
A document or other list used to identify native, nuisance, and prohibited
plants shall be maintained by the Planning Manager and shall be referred
to as the Oregon Noxious Weed List or Milwaukie Invasive Tree List.
H.
A document or other list used to identify chemicals that have been
demonstrated to be detrimental to water quality and habitat health
shall be maintained by the Planning Manager and shall be referred
to as the "Milwaukie Prohibited Chemicals List."
A.
The regulations in Section 19.402 apply to all properties that contain, or are within 100 ft of a WQR and/or HCA (including any locally significant Goal 5 wetlands or habitat areas identified by the City of Milwaukie) as shown on the Milwaukie Natural Resource Administrative Map (hereafter "NR Administrative Map").
B.
For properties that do not contain, but are within 100 ft of, a WQR and/or HCA, as shown on the NR Administrative Map, and where an activity not listed as exempt in Subsection 19.402.4.A will disturb more than 150 sq ft, a construction management plan is required in accordance with Subsection 19.402.9 (see also Table 19.402.3).
D.
Designated natural resources are shown on the NR Administrative Map
as follows:
1.
Water quality resources (WQRs) include protected water features and
their associated vegetated corridors, as specified in Table 19.402.15.
The vegetated corridor is a buffer around each protected water feature,
established to prevent damage to the water feature. The width of the
vegetated corridor varies depending on the type of protected water
feature, upstream drainage area served, and slope adjacent to the
protected water feature. The NR Administrative Map is a general indicator
of the location of vegetated Corridors; the specific location of vegetated
corridors shall be determined in the field in accordance with Table
19.402.15.
2.
Habitat conservation areas (HCAs) include significant Goal 5 wetlands, riparian areas, and fish and wildlife habitat. HCAs are designated based on a combination of inventory of vegetative cover and analysis of habitat value and urban development value. HCA locations on the NR Administrative Map are assumed to be correct unless demonstrated otherwise; verifications and corrections shall be processed in accordance with the procedures established in Subsection 19.402.15.
E.
To determine whether a proposed activity on a given property will trigger any requirements of Section 19.402, the City shall use the latest available aerial photographs; a copy of the applicable section of the NR Administrative Map; and, in the case of WQRs, the parameters established in Table 19.402.15. If a property owner or applicant believes that the NR Administrative Map is inaccurate, they may propose corrections according to the standards established in Subsection 19.402.15.
F.
In the context of designated natural resources, "disturbance" is a condition or result of an act that "disturbs" as defined in Section 19.201. Disturbance can be either temporary or permanent as noted below.
1.
Temporary disturbances are those that occur during an allowed or
approved Development or activity but will not persist beyond completion
of the project. Temporary disturbances include, but are not limited
to, accessways for construction equipment; material staging and stockpile
areas; and excavation areas for building foundations, utilities, stormwater
facilities, etc.
2.
Permanent disturbances are those that remain in place after an allowed
or approved Development or activity is completed. Permanent disturbances
include, but are not limited to, buildings, driveways, walkways, and
other permanent structures.
G.
If more than 150 sq ft of area will be disturbed in conjunction with a proposed activity listed as exempt in Subsection 19.402.4.B, a construction management plan shall be submitted according to the provisions of Subsection 19.402.9. This requirement applies even when the proposed activity will not occur within a designated natural resource but is within at least 100 ft of the resource, in accordance with Table 19.402.3.
H.
Proposed activities that are listed as exempt or occur more than 100 ft from a WQR or HCA, as shown on the NR Administrative Map or determined in accordance with Table 19.402.15, do not require review under the provisions of Section 19.402.
I.
Those portions of streams, creeks, and other protected water features that appear on the NR Administrative Map but are enclosed in pipes, culverts, or similar structures are not subject to the provisions of Section 19.402, except where a proposed activity will expose or directly disturb the protected water feature, such as with excavation. For WQRs, the underground portion of the protected water feature is not considered a protected water feature for purposes of determining the WQR location as outlined in MMC Table 19.402.15. For HCAs, the boundary verification options provided in MMC 19.402.15 may be used as necessary to determine whether the aboveground characteristics of the underground portion of the protected water feature affects the representation of HCA on the NR Administrative Map.
J.
The requirements of Section 19.402 apply, as shown in Table 19.402.3, both to properties that include a WQR and/or HCA, and to properties that do not include a WQR or HCA but where an activity is proposed within 100 ft of a WQR or HCA.
|
Table 19.402.3
Applicability of Requirements of Section 19.402
| ||
|---|---|---|
|
Situations/Activities that may Trigger Section 19.402
|
Prepare Construction Management Plan per Subsection 19.402.9
|
Comply with Remainder of Section 19.402
|
|
Activities listed as exempt per:
• Subsection 19.402.4.A (outright exemptions
for both WQRs and HCAs)
|
No
|
No
|
|
• Subsection 19.402.4.B (limited exemptions
for HCAs only)
|
No (unless > 150 sq ft of disturbance is proposed)
|
No
|
|
Nonexempt activities:
• Outside of WQR and HCA
|
No (unless activity is within 100' of WQR or HCA and > 150 sq
ft of disturbance is proposed)
|
No
|
|
• Within WQR or HCA
|
Yes
|
Yes
|
K.
Activities that are not exempt per Subsection 19.402.4, or prohibited per Subsection 19.402.5, are subject to the Type I, II, or III review process as outlined in Table 19.402.3.K.
|
Table 19.402.3.K
Types of Process Review for Various Activities
| |||
|---|---|---|---|
|
Activity
(and applicable code sections)
|
Type of Review Process
| ||
|
Type I
(19.1004)
|
Type II
(19.1005)
|
Type III
(19.1006)
| |
|
Agency-approved natural resource Management plans
(Subsections 19.402.10.A and C)
|
✓
|
|
|
|
Independent natural resource management plans
(Subsections 19.402.10.B and C)
|
|
✓
|
|
|
Limited tree removal
(Subsection 19.402.6.B)
|
✓
|
|
|
|
Tree removal that is not exempt or allowable with Type I review
(Subsection 19.402.8.A.8)
|
|
|
✓
|
|
Activities within HCA that meet nondiscretionary standards
(Subsection 19.402.11.D)
|
✓
|
|
|
|
Maintenance of existing utility facilities
(Subsection 19.402.6.E)
|
✓
|
|
|
|
Utility connections
(Subsection 19.402.6.F)
|
✓
|
|
|
|
Nonemergency abatement of nuisances or violations
(Subsection 19.402.6.G)
|
✓
|
|
|
|
Special use activities
(Subsections 19.402.7.A and 19.402.11.E)
|
|
✓
|
|
|
Limited disturbance to WQRs
(Subsection 19.402.7.D)
|
|
✓
|
|
|
Property line adjustments that balance the HCA distribution
(Subsection 19.402.13.E.1 or 2)
|
✓
|
|
|
|
Property line adjustments that otherwise limit HCA disparity
(Subsection 19.402.13.E.3)
|
|
✓
|
|
|
Low-impact partitions or replats
(put designated natural resources in separate tract)
(Subsection 19.402.13.G)
|
|
✓
|
|
|
Other partitions, replats, subdivisions. Development activities
that are not exempt or allowable with Type I or II review
|
|
|
✓
|
|
Boundary verifications with minor corrections
(Subsection 19.402.15.A.1)
|
✓
|
|
|
|
Boundary verifications with substantial corrections
(Subsection 19.402.15.A.2)
|
|
✓
|
|
L.
Where WQRs and HCAs overlap, the WQR overlap area is not included
in any calculations of the HCA area for purposes of determining whether
HCA-only exemptions are allowed or for calculating allowable HCA disturbances.
A.
Outright Exemptions
The following activities in WQRs or HCAs are exempt from the provisions of Section 19.402:
1.
Action taken on a building permit for any portion of a phased development project for which the applicant has previously met the applicable requirements of Section 19.402, including the provision of a construction management plan per Subsection 19.402.9. This exemption applies so long as the building site for new construction was identified on the original application, no new portion of the WQR and/or HCA will be disturbed, and no related land use approvals have expired per Subsection 19.1001.7. This exemption also extends to projects initiated prior to September 15, 2011, the effective date of Ordinance #2036, which have already been approved through Water Quality Resource Review.
2.
Stream, wetland, riparian, and upland enhancement or restoration
projects and Development in compliance with a natural resource management
plan or mitigation plan Approved by the City or by a State or federal
agency.
3.
Emergency procedures or activities undertaken that are necessary to remove or abate hazards to person or property, provided that the time frame for such remedial or preventative action is too short to allow for compliance with the requirements of Section 19.402. After the emergency, the person or agency undertaking the action shall repair any impacts to the designated natural resource resulting from the emergency action; e.g., remove any temporary flood protection such as sandbags, restore hydrologic connections, or replant disturbed areas with native vegetation.
4.
The planting or propagation of plants categorized as native species
on the Milwaukie Native Plant List.
5.
Removal of plants categorized as nuisance species on the Milwaukie
Native Plant List. After removal, all open soil areas shall be replanted
and/or protected from erosion.
6.
Removal of trees under any of the following circumstances:
a.
The tree is a "downed tree" as defined in Section 19.201, the tree has been downed by natural causes, and no more than 150 sq ft of earth disturbance will occur in the process of removing the tree.
b.
The tree is categorized as a nuisance species on the Oregon Noxious Weed List or Milwaukie Invasive Tree List, no more than 3 such trees will be removed from one property during any 12-month period, the requirements in Chapter 16.32 are met, and no more than 150 sq ft of earth disturbance will occur in the process of removing the tree(s).
c.
The tree presents an emergency situation with immediate danger to persons or property, as described in Subsection 19.402.4.A.3. Emergency situations may include, but are not limited to, situations in which a tree or portion of a tree has been compromised and has damaged, or is damaging, structures or utilities on private or public property, or where a tree or portion of a tree is prohibiting safe passage in the public right-of-way. Examples are trees that have fallen into or against a house or other occupied Building, or trees downed across power lines or roadways. This exemption is limited to removal of the tree or portion of the tree as necessary to eliminate the hazard. Any damage or impacts to the designated natural resource shall be repaired after the emergency has been resolved. The requirements in Chapter 16.32 must also be met.
7.
Landscaping and maintenance of existing landscaping and gardens.
This exemption extends to the installation of new irrigation and drainage
facilities and/or erosion control features, as well as to landscaping
activities that do not involve the removal of native plants or plants
required as mitigation, the planting of any vegetation identified
as a nuisance species on the Oregon Noxious Weed List or Milwaukie
Invasive Tree List, or anything that produces an increase in impervious
area or other changes that could result in increased direct stormwater
discharges to the WQR.
8.
Additional disturbance for outdoor uses, such as gardens and play areas, where the new disturbance area does not exceed 150 sq ft; does not involve the removal of any trees of larger than 6-in diameter or otherwise regulated by Chapter 16.32; and is located at least 30 ft from the top of bank of a stream or drainage and at least 50 ft from the edge of a wetland.
9.
Routine repair and maintenance, alteration, demolition, and/or change
of use of existing legal structures, provided that the following criteria
are met:
a.
There is no change in the location, or increase in the footprint,
of any Building, impervious surface, or outdoor storage area within
a WQR or HCA.
b.
No other site changes are proposed that could result in increased
direct stormwater discharges to a WQR. If the project will result
in increased direct stormwater discharges, the proposal is subject
to the Type II review process and the standards for discretionary
review established in SubSection 19.402.12.
10.
Routine repair and maintenance, alteration, and/or total replacement
of existing utility facilities, accesses, streets, driveways, trails,
walkways, and parking improvements (including asphalt overlays); provided
that there is no new disturbance of the WQR or HCA, no increase in
impervious area, no reduction in landscaped areas or tree cover, and
no other change that could result in increased direct stormwater discharges
to the WQR.
11.
Routine repair and maintenance of public and private stormwater
facilities in accordance with a stormwater management plan approved
by the City.
12.
Existing agricultural practices or uses, excluding buildings
and structures, provided that such activities or uses do not result
in increased direct stormwater discharges to WQRs.
14.
Change of ownership.
15.
Lot consolidations, as defined in Section 17.08.150.
16.
Activities and improvements in existing public rights-of-way.
17.
Establishment and maintenance of trails in accordance with the
following standards:
a.
Trails shall be confined to a single ownership or within a public
trail easement.
b.
Trails shall be no wider than 30 in. Where trails include stairs,
stair width shall not exceed 50 in and trail grade shall not exceed
20%, except for the portion of the trail containing stairs.
c.
Trails shall be unpaved and constructed with nonhazardous, pervious
materials.
d.
Trails shall be located at least 15 ft from the top of bank
of all water bodies.
e.
Plants adjacent to trails may be trimmed, but trimming clearances
shall not exceed a height of 8 ft and a width of 6 ft.
18.
Installation and maintenance of erosion control measures that
have been reviewed and approved by the City.
B.
Limited Exemptions Within HCAs
The following activities within HCAs are exempt from the provisions of Section 19.402, except that a construction management plan is required, according to the provisions of Subsection 19.402.9, where the activity disturbs a total of more than 150 sq ft:
1.
The alteration and/or total replacement of existing structures, provided
that both of the following standards are met:
a.
The alteration and/or replacement shall not intrude more than
500 sq ft into the HCA, beyond the area defined as the building footprint
as of September 15, 2011, the effective date of Ordinance #2036.
b.
The alteration and/or replacement shall not result in increased
direct stormwater discharges to a WQR.
2.
Minor encroachments, not to exceed 500 sq ft for residential zones
or 150 sq ft in nonresidential zones, for new features such as accessory
buildings, patios, walkways, or retaining walls.
3.
Temporary and minor clearing, excavation, or other disturbances,
not to exceed 150 sq ft, for the purpose of: site investigations or
preparation of soil profiles; installation of underground utility
facilities or other infrastructure; routine repair and maintenance
and/or alteration of existing utility facilities, access, streets,
driveways, and parking improvements; or similar activities, provided
that such disturbed areas are restored to their original condition
when the activity is complete.
4.
Low-impact outdoor recreation facilities for public use—including,
but not limited to, multiuse paths, accessways, trails, picnic areas,
or interpretive and educational displays and overlooks that include
benches and outdoor furniture—provided that such facilities
contain no more than 500 sq ft of new impervious surface. Any trails
shall have a maximum width of 5 ft and shall be constructed using
nonhazardous, pervious materials.
5.
Facilities that infiltrate stormwater on the site, including the
associated piping, so long as the forest canopy and the areas within
the driplines of the trees are not disturbed. Such facilities may
include, but are not limited to, vegetated swales, rain gardens, vegetated
filter strips, and vegetated infiltration basins. Native or nonnative
vegetation may be planted in these facilities, provided that none
of the plantings are identified as a nuisance species on the Oregon
Noxious Weed List or Milwaukie Invasive Tree List.
Title 19 Zoning is comprised of regulations that deal with the
use of land; it does not extend into the broader realm of laws that
regulate personal activities unrelated to land use and development.
Given such limitations, the following activities are prohibited within
WQRs and HCAs:
B.
Uncontained areas of hazardous materials, as defined by DEQ.
C.
Planting any vegetation listed as a nuisance species on the Oregon
Noxious Weed List or Milwaukie Invasive Tree List.
D.
Outside storage of materials; unless such storage began before September 15, 2011, the effective date of Ordinance #2036; or unless such storage is approved according to the applicable provisions of Section 19.402.
E.
Application of pesticides or herbicides with any of the active ingredients
listed on the Milwaukie Prohibited Chemicals List.
Within either WQRs or HCAs, the following activities and items are subject to Type I review per Section 19.1004:
A.
Limited Tree Removal
1.
The Planning Manager may approve an application for limited tree removal or major pruning within WQRs and HCAs when the applicable requirements in Chapter 16.32 are met, except where exempted by Subsection 19.402.6.A.2, under any of the following circumstances:
a.
The tree removal is necessary to eliminate a hazardous, nonemergency
situation, as determined by the Planning Manager. A situation may
be deemed hazardous if a tree, or portion of a tree, has undergone
a recent change in health or condition in a manner that may pose a
danger to people, to structures on private property, to public or
private utilities, or to travel on private property or in the public
right-of-way. Examples of imminent hazards may include, but are not
limited to, trees that are broken, split, cracked, uprooted, or otherwise
in danger of collapse. Approval shall be limited to removal of the
tree, or portion of the tree, as necessary to eliminate the hazard.
b.
The tree is dead, diseased, or dying and cannot be saved, as
determined and documented in a report by a certified arborist.
c.
The proposal would remove more than 3 trees during any 12-month
period that are categorized as nuisance species on the Oregon Noxious
Weed List or Milwaukie Invasive Tree List.
d.
The tree is a downed tree, but more than 150 sq ft of earth
disturbance is necessary to remove it.
e.
The tree is a nuisance species, but more than 150 sq ft of earth
disturbance is necessary to remove it.
f.
The tree is not categorized as either a nuisance or native species on the Oregon Noxious Weed List or Milwaukie Invasive Tree List and is not located in a WQR categorized as Class A ("Good"), according to Table 19.402.11.C, provided that no more than 3 such trees will be removed during any 12-month period, and complies with the applicable requirements in Chapter 16.32.
2.
The provisions of Subsection 19.402.6.A.1 do not apply to tree removal proposed in association with development or other activities regulated by Section 19.402, for which other approval criteria and mitigation standards may apply.
3.
The Planning Manager shall require the application to comply with
all of the following standards:
a.
A construction management plan shall be prepared in accordance with Subsection 19.402.9. When earth disturbance is necessary for the Approved removal or pruning, all open soil areas that result from the disturbance shall be replanted and/or protected from erosion.
b.
All pruning and/or tree removal shall be done in accordance with the standards of the International Society of Arboriculture (ISA) and complies with the applicable requirements in Chapter 16.32.
c.
Any tree that is removed in accordance with Subsection 19.402.6.A
shall be replaced with a new tree, of at least ½-in caliper
or at least 6-ft overall height after planting. An exception to this
requirement may be granted if the applicant demonstrates that a replacement
tree has already been planted, in anticipation of tree removal, or
if the existing site conditions otherwise preclude tree replacement
(due to existing dense canopy coverage or other ecological reasons).
d.
The replacement tree(s) shall be located in the general vicinity
of the removed tree(s), somewhere within the designated natural resource
(WQR or HCA). The replacement tree(s) does not have to be a native
species; but, in accordance with Subsection 19.402.5.C, the replacement
tree(s) shall not be categorized as a nuisance species on the Oregon
Noxious Weed List or Milwaukie Invasive Tree List. The property owner
shall ensure that the replacement tree(s) survives at least 2 years
beyond the date of its planting.
B.
Activities within HCAs in Compliance with Nondiscretionary Standards
C.
Natural Resource Management Plans
Natural resource management plans that meet the standards outlined
in Subsection 19.402.10.A are subject to Type I review. These are
typically plans that have already been approved by a qualified agency.
D.
Maintenance of Existing Utility Facilities
Routine repair and maintenance of existing utility facilities,
accesses, streets, driveways, and/or parking improvements that disturbs
a WQR and/or HCA is subject to Type I review, provided such activities
can meet the general standards for special uses established in Subsection
19.402.11.E.1. These include, but are not limited to, the requirement
to provide a mitigation plan and to restore the disturbed area.
E.
Utility Connections
Unless they are exempt per Subsection 19.402.4, connections to existing or new utility lines that involve disturbance to a WQR and/or HCA are subject to Type I review against the following criteria:
1.
The activities required to establish the connection shall not disturb
a protected water feature. Utility connections that will disturb a
protected water feature are subject to the review procedures for special
uses established in Subsection 19.402.11.E.
2.
The activities required to establish the connection shall not disturb
an area greater than 10 ft wide.
3.
The connection can meet the general standards for special uses established
in SubSection 19.402.11.E.1.
F.
Nuisance Abatement
Measures to remove or abate nuisances; or any other violation
of State statute, Administrative agency rule, or City or County ordinance;
shall be subject to Type I review of a construction management plan,
to be approved by the Planning Director prior to the abatement activity.
The person or agency undertaking the action shall repair any impacts
to the designated natural resource resulting from the nuisance or
violation (e.g., restore disturbed soils, restore hydrologic connections,
replant disturbed areas with native vegetation, etc.) unless subsequent
development has been approved.
G.
Boundary Verification
Boundary verifications that propose minor corrections will be
processed in accordance with Subsection 19.402.15.A.1 and are subject
to Type I review.
Within either WQRs or HCAs, the following activities and items are subject to Type II review and approval by the Planning Director per Section 19.1005, unless they are otherwise exempt or permitted as a Type I activity.
A.
Special Uses
If not listed as exempt in Subsection 19.402.4, and not able to meet the nondiscretionary standards for HCAs as established in Subsection 19.402.11.D, any special use activity listed below shall be subject to Type II review if the proposal complies with the applicable standards provided in Subsection 19.402.11.E:
B.
Natural Resource Management Plans
Natural resource management plans that do not meet the Type
I review standards provided in Subsection 19.402.10.A, but that meet
the standards provided in Subsection 19.402.10.B, are subject to Type
II review. These are typically plans that have been prepared independently
of a qualified agency but that are in accordance with standards and
guidelines related to enhancing natural resources.
C.
Partitions
Partitions that meet the standards provided in Subsection 19.402.13.G
are subject to Type II review.
D.
Other Uses and Activities with Minimal Impacts to WQRs
The activities listed below are subject to Type II review and the general discretionary review criteria provided in Subsection 19.402.12:
1.
New agricultural practices or uses, excluding buildings and structures,
that result in increased direct stormwater discharges to WQRs.
2.
Landscaping and maintenance of existing landscaping that would increase
impervious area within a WQR by no more than 150 sq ft and/or would
result in increased direct stormwater discharges to the WQR.
3.
Routine repair and maintenance, alteration, and/or total replacement
of existing legal buildings or structures that increases the existing
disturbance area by no more than 150 sq ft within the WQR.
4.
Routine repair and maintenance, alteration, and/or total replacement
of existing utility facilities, accesses, streets, driveways, and
parking improvements that increases the existing disturbance area
by no more than 150 sq ft within the WQR. Activities approved under
this subsection shall be subject to the following requirements:
E.
Boundary Verification
Boundary verifications that propose substantial corrections
will be processed in accordance with Subsection 19.402.15.A.2 and
are subject to Type II review.
Within either WQRs or HCAs, the following activities are subject to Type III review and approval by the Planning Commission under Section 19.1006, unless they are otherwise exempt or permitted as a Type I or II activity.
A.
The activities listed below shall be subject to the general discretionary review criteria provided in Subsection 19.402.12:
1.
Any activity allowed in the base zone that is not otherwise exempt
or permitted as a Type I or II activity.
2.
Within HCAs, development that is not in compliance with the nondiscretionary
standards provided in Subsection 19.402.11.D.
3.
New roads to provide access to protected water features, necessary
ingress and egress across WQRs, or the widening of an existing road.
4.
Improvement of existing public utility facilities that cannot meet
the applicable standards of Subsection 19.402.11.E.
5.
New stormwater facilities that cannot meet the applicable standards
of Subsection 19.402.11.E.
6.
New public or private utility facility construction that cannot meet
the applicable standards of Subsection 19.402.11.E.
7.
Walkways and bike paths that are not exempt per Subsection 19.402.4 or cannot meet the applicable standards of Subsection 19.402.11.E.
9.
Landscaping and maintenance of existing landscaping that would increase
impervious area by more than 150 sq ft.
10.
Routine repair and maintenance, alteration, and/or total replacement
of existing legal buildings or structures that increases the existing
disturbance area by more than 150 sq ft within the WQR.
11.
Routine repair and maintenance, alteration, and/or total replacement
of existing utility facilities, accesses, streets, driveways, and
parking improvements that would disturb more than 150 sq ft within
the WQR.
B.
The activities listed below shall be subject to the review criteria
for partitions and subdivisions provided in Subsections 19.402.13.H
and I, respectively:
B.
Construction management plans shall provide the following information:
1.
Description of work to be done.
2.
Scaled site plan showing a demarcation of WQRs and HCAs and the location
of excavation areas for building foundations, utilities, stormwater
facilities, etc.
3.
Location of site access and egress that construction equipment will
use.
4.
Equipment and material staging and stockpile areas.
5.
Erosion and sediment control measures.
6.
Measures to protect trees and other vegetation located within the
potentially affected WQR and/or HCA. Tree protection must be consistent
with the requirements in Section 16.32.042.F.
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When required for a property that does not include a designated
natural resource, the construction management plan shall show the
protective measures that will be established on the applicant's property.
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Natural resource management plans or restoration plans that
authorize limited disturbance within the WQR or HCA may be approved
with Type I or II review, subject to the following standards:
A.
Plans Eligible for Type I Review
The plan has already been approved by the U.S. Fish and Wildlife
Service, Oregon Department of Fish and Wildlife (ODFW), DSL, Oregon
Watershed Enhancement Board (OWEB), Metro, Clackamas County Soil and
Water Conservation District, or other agency approved by the Planning
Director.
B.
Plans Eligible for Type II Review
The plan has been prepared in accordance with particular standards
and guidelines promulgated by a natural resource agency, such as OWEB's
Oregon Aquatic Habitat Restoration and Enhancement Guide, ODFW's Western
Oregon Stream Restoration Program, DSL's Hydrogeomorphic (HGM) approach
of assessment for wetland and riparian functions, or other standards
approved by the Planning Director.
C.
Approval Criteria
Every plan prepared for approval under Section 19.402 shall demonstrate that it encourages restoration activities that have any of the following effects:
1.
Changes the trend of habitat function from one of a diminishing ability
to support salmonids and other organisms to one that supports a complex,
self-sustaining system.
2.
Corrects or improves conditions caused by past management and/or
disturbance events.
3.
Maximizes beneficial habitat in the short term where watershed degradation
has been extensive and natural processes will need substantial time
to restore habitat.
4.
Creates beneficial habitat and restores stream function and hydrology
to the fullest extent practicable within developed areas where there
is no reasonable expectation of returning to natural conditions.
D.
Construction Management Plans
A construction management plan prepared in accordance with Subsection 19.402.9 is required with each natural resource management plan.
E.
Ongoing Maintenance
Natural resource management plans shall demonstrate how ongoing
maintenance is part of the associated restoration or enhancement activities.
F.
Expiration of Plans
The approval of a natural resource management plan shall be
valid for 5 years. Approved plans may be renewed through the Type
I review process by demonstrating that the original approved plan
still meets the criteria provided in Subsection 19.402.10.C. Plans
that demonstrate an adaptive management component and/or that involve
partnership with one of the agencies noted in Subsection 19.402.10.A
may be approved as valid for up to 20 years upon request.
A.
Protection of Natural Resources During Site Development
During development of any site containing a designated natural
resource, the following standards shall apply:
1.
Work areas shall be marked to reduce potential damage to the WQR
and/or HCA.
2.
Trees in WQRs or HCAs shall not be used as anchors for stabilizing
construction equipment.
3.
Native soils disturbed during development shall be conserved on the
property.
4.
An erosion and sediment control plan is required and shall be prepared
in compliance with requirements set forth in the City's Public Works
Standards.
5.
Site preparation and construction practices shall be followed that
prevent drainage of hazardous materials or erosion, pollution, or
sedimentation to any WQR adjacent to the project area.
6.
Stormwater flows that result from proposed development within and
to natural drainage courses shall not exceed predevelopment flows.
7.
Prior to construction, the WQR and/or HCA that is to remain undeveloped
shall be flagged, fenced, or otherwise marked and shall remain undisturbed.
Such markings shall be maintained until construction is complete.
8.
The construction phase of the development shall be done in such a
manner as to safeguard the resource portions of the site that have
not been approved for development.
9.
Where practicable, lights shall be placed so that they do not shine
directly into any WQR and/or HCA location. The type, size, and intensity
of lighting shall be selected so that impacts to habitat functions
are minimized.
B.
General Standards for Required Mitigation
Where mitigation is required by Section 19.402 for disturbance to WQRs and/or HCAs, the following general standards shall apply:
1.
Disturbance
a.
Designated natural resources that are affected by temporary
disturbances shall be restored, and those affected by permanent disturbances
shall be mitigated, in accordance with the standards provided in Subsection
19.402.11.C for WQRs and Subsection 19.402.11.D.2 for HCAs, as applicable.
b.
Landscape plantings are not considered to be disturbances, except
for those plantings that are part of a non-exempt stormwater facility;
e.g., raingarden or bioswale.
2.
Required Plants
Unless specified elsewhere in Section 19.402, all trees, shrubs, and ground cover planted as mitigation shall be native plants, as identified on the Oregon Noxious Weed List or
Milwaukie Invasive Tree List. Applicants are encouraged to choose
particular native species that are appropriately suited for the specific
conditions of the planting site; e.g., shade, soil type, moisture,
topography, etc.
3.
Plant Size
Required mitigation trees shall average at least a ½-in
caliper—measured at 6 in above the ground level for field-grown
trees or above the soil line for container-grown trees— unless
they are oak or madrone, which may be 1-gallon size. Required mitigation
shrubs shall be at least 1-gallon size and 12 in high.
4.
Plant Spacing
Trees shall be planted between 8 and 12 ft on center. Shrubs
shall be planted between 4 and 5 ft on center or clustered in single-species
groups of no more than 4 plants, with each cluster planted between
8 and 10 ft on center. When planting near existing trees, the dripline
of the existing tree shall be the starting point for plant spacing
measurements. Note that in meeting the Tree Planting Standards in
subsection 16.32.042.C, the Urban Forester may only credit those trees
that meet the requirements in Table 16.32.042.C. The additional trees
required by this subsection may be excluded from contributing to the
Tree Canopy Requirements in Subsection 16.32.042.C.
5.
Plant Diversity
Shrubs shall consist of at least 2 different species. If 10
trees or more are planted, then no more than 50% of the trees shall
be of the same genus.
6.
Location of Mitigation Area
a.
On-Site Mitigation
All mitigation vegetation shall be planted on the applicant's
site within the designated natural resource that is disturbed, or
in an area contiguous to the resource area; however, if the vegetation
is planted outside of the resource area, the applicant shall preserve
the contiguous planting area by executing a deed restriction such
as a restrictive covenant.
b.
Off-Site Mitigation
(1)
For disturbances allowed within WQRs, off-site mitigation shall not be used to meet the mitigation requirements of Section 19.402.
(2)
For disturbances allowed within HCAs, off-site mitigation vegetation
may be planted within an area contiguous to the subject-property HCA,
provided there is documentation that the applicant possesses legal
authority to conduct and maintain the mitigation, such as having a
sufficient ownership interest in the mitigation site. If the off-site
mitigation is not within an HCA, the applicant shall document that
the mitigation site will be protected after the monitoring period
expires, such as through the use of a restrictive covenant.
7.
Invasive Vegetation
Invasive nonnative or noxious vegetation shall be removed within
the mitigation area prior to planting, including, but not limited
to, species identified as nuisance plants on the Milwaukie Native
Plant List.
8.
Ground Cover
Bare or open soil areas remaining after the required tree and
shrub plantings shall be planted or seeded to 100% surface coverage
with grasses or other ground cover species identified as native on
the Milwaukie Native Plant List. Revegetation shall occur during the
next planting season following the site disturbance.
9.
Tree and Shrub Survival
A minimum of 80% of the trees and shrubs planted shall remain
alive on the second anniversary of the date that the mitigation planting
is completed.
a.
Required Practices
To enhance survival of the mitigation plantings, the following
practices are required:
b.
Recommended Practices
To enhance survival of tree replacement and vegetation plantings,
the following practices are recommended:
(1)
Plant bare root trees between December 1 and April 15; plant
potted plants between October 15 and April 30.
(2)
Use plant sleeves or fencing to protect trees and shrubs against
wildlife browsing and the resulting damage to plants.
(3)
Water new plantings at a rate of 1 in per week between June
15 and October 15 for the first 2 years following planting.
c.
Monitoring and Reporting
Monitoring of the mitigation site is the ongoing responsibility
of the property owner. Plants that die shall be replaced in kind as
needed to ensure the minimum 80% survival rate. The Planning Director
may require a maintenance bond to cover the continued health and survival
of all plantings. A maintenance bond shall not be required for land
use applications related to owner-occupied single-family residential
projects. An annual report on the survival rate of all plantings shall
be submitted for 2 years.
10.
Light Impacts
Where practicable, lights shall be placed so that they do not
shine directly into any WQR and/or HCA location. The type, size, and
intensity of lighting shall be selected so that impacts to habitat
functions are minimized.
C.
Mitigation Requirements for Disturbance within WQRs
1.
The requirements for mitigation vary depending on the existing condition
of the WQR on the project site at the time of application. The existing
condition of the WQR shall be assessed in accordance with the categories
established in Table 19.402.11.C.
2.
When disturbance within a WQR is approved according to the standards of Section 19.402, the disturbance shall be mitigated according to the requirements outlined in Table 19.402.11.C and the standards established in Subsection 19.402.11.B.
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Table 19.402.11.C
Mitigation Requirements for WQRs
| |
|---|---|
|
Existing Condition of WQR
|
Requirements
|
|
Class A ("Good")
Extent and character of existing vegetation provides good
conditions for water quality and wildlife habitat
| |
|
Combination of trees, shrubs, and ground cover are 80% present,
with more than 50% tree canopy coverage in vegetated corridor.
|
• Submit a plan for mitigating water quality impacts related
to the development, including: sediments, temperature, nutrients,
or any other condition that may have caused the protected water feature
to be listed on DEQ's 303(d) list.
• Inventory and remove debris and noxious materials.
|
|
Class B ("Marginal")
Extent and character of existing vegetation provides marginal
conditions for water quality and wildlife habitat
| |
|
Combination of trees, shrubs, and ground cover are 80% present,
with 25-50% canopy coverage in vegetated corridor.
|
• Restore and mitigate disturbed areas with native species
from the Milwaukie Native Plant List, using a City-approved plan developed
to represent the vegetative composition that would naturally occur
on the site.
• Inventory and remove debris and noxious materials.
|
|
Class C ("Poor")
Extent and character of existing vegetation provides poor
conditions for water quality and wildlife habitat
| |
|
Combination of trees, shrubs, and ground cover are less than
80% present and/or less than 25% canopy coverage in vegetated corridor.
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• Restore and mitigate disturbed areas with native species
from the Milwaukie Native Plant List, using a City-approved plan developed
to represent the vegetative composition that would naturally occur
on the site.
• Plant and/or seed all bare areas to provide 100% surface
coverage.
• Inventory and remove debris and noxious materials.
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D.
Nondiscretionary Standards for HCAs
The following nondiscretionary standards may be applied to proposals
that are subject to Type I review and located within HCAs only. These
standards do not apply to activities proposed within WQRs.
1.
Disturbance Area Limitations in HCAs
To avoid or minimize impacts to HCAs, activities that are not otherwise exempt from the requirements of Section 19.402, and that would disturb an HCA, are subject to the following disturbance area limitations, as applicable:
a.
Single Detached and Middle Housing Residential Uses
The amount of disturbance allowed within an HCA for residential
uses, including any related public facilities as required by Section
19.700 Public Facility Improvements, shall be determined by subtracting
the area of the lot or parcel outside of the HCA from the maximum
disturbance area calculated per Figure 19.402.11.D.1.a. Such disturbance
shall be subject to the mitigation requirements described in Subsection
19.402.11.D.2.
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Figure 19.402.11.D.1.a
Method for Calculating Allowable Disturbance within an HCA for
Single Detached Dwellings and Middle Housing Residential Uses
|
|---|
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X = The maximum potential disturbance area within
the HCA , which is 50% of the total HCA, up to a maximum of 5,000
sq ft.
|
|
Y = The area of the lot or parcel outside the total
resource area (WQR and HCA).
|
|
Z = The net amount of disturbance area allowed
within the HCA (Z = X-Y)
|
|
If (Y) is greater than (X), development shall not be permitted
within the HCA; otherwise, the applicant may disturb up to the net
amount of disturbance area allowed (Z) within the HCA.
|
|
Example 1: 8,000-sq-ft lot with 3,000
sq ft of HCA and 5,000 sq ft outside of HCA/WQR X = 1,500 sq ft (50%
of HCA)
|
|
Y = 5,000 sq ft outside of HCA/WQR
|
|
Z = -3,500 sq ft (1,500 sq ft – 5,000 sq ft)
|
|
Conclusion: Y is greater than X; therefore, development
is not permitted within the HCA.
|
|
Example 2: 8,000-sq-ft lot with 6,000 sq ft of HCA and 2,000
sq ft outside of HCA/WQR X = 3,000 sq ft (50% of HCA)
|
|
Y = 2,000 sq ft outside of HCA/WQR
|
|
Z = 1,000 sq ft (3,000 sq ft – 2,000 sq ft)
|
|
Conclusion: Y is not greater than X; therefore, the applicant
may disturb up to the value of Z (1,000 sq ft) within the HCA.
|
b.
All Other Uses
A maximum net disturbance area of 10% of the HCA on the site
is allowed by right, subject to the mitigation requirements described
in Subsection 19.402.11.D.2.
c.
Temporary and Permanent Disturbances
All disturbances within an HCA that occur during construction or other Development activities, whether temporary or permanent disturbances, count equally for the purposes of calculating and tracking the maximum disturbance area allowed for a particular site. Disturbance resulting from any activity deemed exempt per Subsection 19.402.4 shall not be counted against the amount of disturbance allowed by Subsection 19.402.
d.
Disturbance in Excess of that Allowed by Section 19.402
In accordance with Subsection 19.402.8, proposed development that would disturb more HCA than allowed by Subsections 19.402.11.D.1.a and b shall be subject to the Type III review process and general discretionary review criteria, as outlined in Subsection 19.402.12.C.1.
e.
Disturbance Changes HCA Status
When disturbances within HCAs are allowed, in accordance with the applicable provisions of Section 19.402, the City shall remove the HCA designation from such disturbance areas on the NR Administrative Map, as provided in Subsection 19.402.15.B.
In the case of a request to develop within an HCA on a property
where a prior development request was subject to the disturbance area
limitations of Subsection 19.402.11.D.1, the calculation of the new
amount of disturbance area allowed within the HCA on the property
shall be based on the mapped location of the HCA at the time of the
request, notwithstanding any previous calculation of allowed disturbance
area.
2.
Mitigation Requirements for Disturbance in HCAs
To achieve the goal of reestablishing forested canopy that meets the ecological values and functions described in Subsection 19.402.1, when development intrudes into an HCA, tree replacement and vegetation planting are required according to the following standards, unless the planting is also subject to wetlands mitigation requirements imposed by state and federal law.
These mitigation options apply to tree removal and/or site disturbance in conjunction with development activities that are otherwise permitted by Section 19.402. They do not apply to situations in which tree removal is exempt per Subsection 19.402.4 or approvable through Type I review.
An applicant shall meet the requirement of Mitigation Option 1 or 2, whichever results in more tree plantings; except that where the disturbance area is one acre or more, the applicant shall comply with Mitigation Option 2. The Urban Forester may allow the mitigation requirements in this subsection to satisfy the mitigation requirements in Chapter 16.32 except that the mitigation requirements in Section 16.32.042 shall be met when applicable.
a.
Mitigation Option 1
This mitigation requirement is calculated based on the number
and size of trees that are removed from the site. Trees that are removed
from the site shall be replaced as shown in Table 19.402.11.D.2.a.
Conifers shall be replaced with conifers. Bare ground shall be planted
or seeded with native grasses or herbs. Nonnative sterile wheat grass
may also be planted or seeded, in equal or lesser proportion to the
native grasses or herbs.
|
Table 19.402.11.D.2.a
Tree Replacement
| |
|---|---|
|
Size of Tree to be Removed
(inches in diameter)
|
Number of Trees and Shrubs to be Planted
|
|
6 to 12
|
2 trees and 3 shrubs
|
|
13 to 18
|
3 trees and 6 shrubs
|
|
19 to 24
|
5 trees and 12 shrubs
|
|
25 to 30
|
7 trees and 18 shrubs
|
|
over 30
|
10 trees and 30 shrubs
|
b.
Mitigation Option 2
This mitigation requirement is calculated based on the size
of the disturbance area within an HCA. Native trees and shrubs are
required to be planted at a rate of 5 trees and 25 shrubs per 500
sq ft of disturbance area. This is calculated by dividing the number
of square feet of disturbance area by 500, multiplying that result
times 5 trees and 25 shrubs, and rounding all fractions to the nearest
whole number of trees and shrubs. For example, if there will be 330
sq ft of disturbance area, then 330 divided by 500 equals 0.66, and
0.66 times 5 equals 3.3, so 3 trees must be planted, and 0.66 times
25 equals 16.5, so 17 shrubs must be planted. Bare ground shall be
planted or seeded with native grasses or herbs. Nonnative sterile
wheat grass may also be planted or seeded, in equal or lesser proportion
to the native grasses or herbs.
c.
Adjustments to HCA Mitigation Requirements
Proposals to vary the number or size of trees and shrubs required
as mitigation in Subsection 19.402.11.D.2 shall be subject to the
Type II review process and the requirements of Subsection 19.402.12.C.2.
E.
Standards for Special Uses
Unless they are exempt per Subsection 19.402.4, or do not meet the nondiscretionary standards for HCAs provided in 19.402.11.D, the special uses listed in SubSection 19.402.7.A are subject to Type II review if they comply with the applicable standards in Subsection 19.402.11.E. Otherwise, the special uses listed in SubSection 19.402.7.A are subject to Type III review and the general discretionary review criteria provided in Subsection 19.402.12.
1.
General Standards for Special Uses
Except for stormwater management plans, all nonexempt special
uses listed in SubSections 19.402.11.E.2 through 5 that do not meet
the nondiscretionary standards for HCAs provided in Subsection 19.402.11.D
shall comply with the specific applicable standards in Subsection
19.402.11.E, as well as with the following general standards:
a.
In addition to a construction management plan prepared according to the standards of Subsection 19.402.9; a mitigation plan shall be submitted per Subsection 19.402.11.D.2 or 19.402.12.C.2 for HCAs, as applicable, or per Subsection 19.402.11.C for WQRs. WQRs and HCAs shall be restored and maintained in accordance with the approved mitigation plan.
b.
Existing vegetation outside of approved work areas shall be
protected and left in place. Work areas shall be carefully located
and marked to reduce potential damage to WQRs and HCAs. Trees in WQRs
or HCAs shall not be used as anchors for stabilizing construction
equipment.
c.
Where existing vegetation has been removed, or the original
land contours disturbed, the site shall be revegetated and the vegetation
shall be established as soon as practicable. Interim erosion control
measures, such as mulching, shall be used to avoid erosion on bare
areas.
2.
Public or Private Utility Facilities
In addition to the requirements of Subsection 19.402.11.E.1, the following disturbance area limitations apply to all new public and private utility facilities, as well as to facility upgrades that are not exempted by Subsection 19.402.4 or that do not meet the nondiscretionary standards for HCAs provided in Subsection 19.402.11.D.
a.
The disturbance area for the upgrade of existing utility facilities
shall be no greater than 15 ft wide.
b.
The disturbance area for new underground utility facilities
shall be no greater than 25 ft wide and disturb no more than 200 linear
feet of WQR within any 1,000-linear-foot stretch of WQR. Such a disturbance
area shall be restored with the exception of necessary access points
to the utility facility.
c.
Disturbance areas shall be revegetated.
d.
No fill or excavation is allowed within the ordinary high water
mark of a stream, unless a permit is obtained from the Corps through
the Standard Local Operating Procedures for Endangered Species (SLOPES)
process.
3.
New Stormwater Facilities
In addition to the requirements of Subsection 19.402.11.E.1, new stormwater facilities that are not exempted by Subsection 19.402.4, or that do not meet the nondiscretionary standards for HCAs provided in Subsection 19.402.11.D, shall not encroach more than 25 ft into the outer boundary of the WQR adjacent to a primary protected water feature.
4.
Walkways and Bike Paths
In addition to the requirements of Subsection 19.402.11.E.1; walkways and bike paths that are not exempted by Subsection 19.402.4, or that do not meet the nondiscretionary standards for HCAs provided in Subsection 19.402.11.D, and that are proposed to be constructed or improved with gravel, permeable pavement, pavers, wood, or other materials, shall comply with the following standards:
a.
Walkways and bike paths within WQRs or HCAs shall not exceed
a 12-ft width.
b.
If the proposed walkway or bike path will be located within
a WQR and will be paved, then, for the purposes of evaluating the
proposed project, the vegetated corridor shall be widened by the width
of the walkway or bike path.
c.
The walkway or bike path shall be designed to avoid WQRs and
HCAs, to the greatest extent practicable, and shall be constructed
so as to minimize disturbance to existing vegetation and slope stability.
d.
The walkway or bike path shall be a minimum of 10 ft from the
boundary of the protected water feature.
e.
Where practicable, any lights associated with the walkway or
bike path shall be placed so that they do not shine directly into
any WQR and/or HCA location. The type, size, and intensity of lighting
shall be selected so that impacts to habitat functions are minimized.
5.
Stormwater Management Plans
Stormwater management plans that authorize disturbance within
the WQR or HCA may be approved if in compliance with all of the following
standards:
a.
Stormwater facilities will be designed to provide an environmentally
beneficial hydrological impact on protected water features.
b.
Protected water features will be protected from erosion by implementing
a stream protection strategy and quantity control strategies.
c.
Watershed health will be improved through the use of vegetated
facilities to meet pollution reduction, flow control, and infiltration
goals. These facilities will be maintained in a manner that ensures
a continued benefit to watershed health.
d.
Proposed stormwater management facilities will correct or improve
conditions caused by past management and/or disturbance events, if
any are present.
e.
Where there is no reasonable expectation of returning to natural
conditions, beneficial habitat, vegetation, and stream function and
hydrology will be restored to the fullest extent practicable within
developed areas.
This subsection establishes a discretionary process by which
the City shall analyze the impacts of development on WQRs and HCAs,
including measures to prevent negative impacts and requirements for
mitigation and enhancement. The Planning Director may consult with
a professional with appropriate expertise to evaluate an application,
or they may rely on appropriate staff expertise to properly evaluate
the report's conclusions.
A.
Impact Evaluation and Alternatives Analysis
An impact evaluation and alternatives analysis is required to
determine compliance with the approval criteria for general discretionary
review and to evaluate Development alternatives for a particular property.
A report presenting this evaluation and analysis shall be prepared
and signed by a knowledgeable and qualified natural resource professional,
such as a wildlife biologist, botanist, or hydrologist. At the Planning
Director's discretion, the requirement to provide such a report may
be waived for small projects that trigger discretionary review but
can be evaluated without professional assistance.
The alternatives shall be evaluated on the basis of their impact
on WQRs and HCAs, the ecological functions provided by the resource
on the property, and offsite impacts within the subwatershed (6th
Field Hydrologic Unit Code) where the property is located. The evaluation
and analysis shall include the following:
1.
Identification of the ecological functions of riparian habitat found
on the property, as described in Subsection 19.402.1.C.2.
2.
An inventory of vegetation, sufficient to categorize the existing
condition of the WQR per Table 19.402.11.C, including the percentage
of ground and canopy coverage materials within the WQR.
3.
An assessment of the water quality impacts related to the development,
including sediments, temperature and nutrients, sediment control,
and temperature control, or any other condition with the potential
to cause the protected water feature to be listed on DEQ's 303(d)
list.
4.
An alternatives analysis, providing an explanation of the rationale
behind choosing the alternative selected, listing measures that will
be taken to avoid and/or minimize adverse impacts to designated natural
resources, and demonstrating that:
a.
No practicable alternatives to the requested development exist
that will not disturb the WQR or HCA.
b.
Development in the WQR and/or HCA has been limited to the area
necessary to allow for the proposed use.
c.
If disturbed, the WQR can be restored to an equal or better
condition in accordance with Table 19.402.11.C; and the HCA can be
restored consistent with the mitigation requirements of Subsection
19.402.11.D.2.
d.
Road crossings will be minimized as much as possible.
5.
Evidence that the applicant has done the following, for applications
proposing routine repair and maintenance, alteration, and/or total
replacement of existing structures located within the WQR:
a.
Demonstrated that no practicable alternative design or method
of Development exists that would have a lesser impact on the WQR than
the one proposed. If no such practicable alternative design or method
of development exists, the project shall be conditioned to limit its
disturbance and impact on the WQR to the minimum extent necessary
to achieve the proposed repair/maintenance, alteration, and/or replacement.
b.
Provided mitigation to ensure that impacts to the functions
and values of the WQR will be mitigated or restored to the extent
practicable.
6.
A mitigation plan for the designated natural resource that contains
the following information:
a.
A description of adverse impacts that will be caused as a result
of Development.
b.
An explanation of measures that will be taken to avoid, minimize,
and/or mitigate adverse impacts to the designated natural resource;
in accordance with, but not limited to, Table 19.402.11.C for WQRs
and Subsection 19.402.11.D.2 for HCAs.
c.
Sufficient description to demonstrate how the following standards
will be achieved:
(1)
Where existing vegetation has been removed, the site shall be
revegetated as soon as practicable.
(2)
Where practicable, lights shall be placed so that they do not
shine directly into any WQR and/or HCA location. The type, size, and
intensity of lighting shall be selected so that impacts to habitat
functions are minimized.
(3)
Areas of standing trees, shrubs, and natural vegetation will
remain connected or contiguous; particularly along natural drainage
courses, except where mitigation is approved; so as to provide a transition
between the proposed development and the designated natural resource
and to provide opportunity for food, water, and cover for animals
located within the WQR.
d.
A map showing where the specific mitigation activities will occur. Off-site mitigation related to WQRs shall not be used to meet the mitigation requirements of Section 19.402.
e.
An implementation schedule; including a timeline for construction,
Mitigation, mitigation maintenance, monitoring, and reporting; as
well as a contingency plan. All in-stream work in fish-bearing streams
shall be done in accordance with the allowable windows for in-water
work as designated by ODFW.
B.
Approval Criteria
1.
Unless specified elsewhere in Section 19.402, applications subject to the discretionary review process shall demonstrate how the proposed activity complies with the following criteria:
a.
Avoid
The proposed activity avoids the intrusion of development into
the WQR and/or HCA to the extent practicable. The proposed activity
shall have less detrimental impact to the designated natural resource
than other practicable alternatives, including significantly different
practicable alternatives that propose less development within the
resource area.
b.
Minimize
If the applicant demonstrates that there is no practicable alternative
that will avoid disturbance of the designated natural resource, then
the proposed activity within the resource area shall minimize detrimental
impacts to the extent practicable.
(1)
The proposed activity shall minimize detrimental impacts to
ecological functions and loss of habitat, consistent with uses allowed
by right under the base zone, to the extent practicable.
(2)
To the extent practicable within the designated natural resource,
the proposed activity shall be designed, located, and constructed
to:
(a)
Minimize grading, removal of native vegetation,
and disturbance and removal of native soils; by using the approaches
described in Subsection 19.402.11.A, reducing building footprints,
and using minimal excavation foundation systems (e.g., pier, post,
or piling foundation).
(b)
Minimize adverse hydrological impacts on water
resources.
(c)
Minimize impacts on wildlife corridors and fish
passage.
(d)
Allow for use of other techniques to further minimize
the impacts of development in the resource area; such as using native
plants throughout the site (not just in the resource area), locating
other required landscaping adjacent to the resource area, reducing
light spill-off into the resource area from development, preserving
and maintaining existing trees and tree canopy coverage, and/or planting
trees where appropriate to maximize future tree canopy coverage.
c.
Mitigate
If the applicant demonstrates that there is no practicable alternative
that will avoid disturbance of the designated natural resource, then
the proposed activity shall mitigate for adverse impacts to the resource
area. All proposed mitigation plans shall meet the following standards:
(1)
The mitigation plan shall demonstrate that it compensates for
detrimental impacts to the ecological functions of resource areas,
after taking into consideration the applicant's efforts to minimize
such detrimental impacts.
(2)
Mitigation shall occur on the site of the disturbance, to the
extent practicable. Off-site mitigation for disturbance of WQRs shall
not be approved. Off-site mitigation for disturbance of HCAs shall
be approved if the applicant has demonstrated that it is not practicable
to complete the mitigation on-site and if the applicant has documented
that they can carry out and ensure the success of the off-site mitigation
as outlined in Subsection 19.402.11.B.5.
In addition, if the off-site mitigation area is not within the
same subwatershed (6th Field Hydrologic Unit Code) as the related
disturbed HCA, the applicant shall demonstrate that it is not practicable
to complete the mitigation within the same subwatershed and that,
considering the purpose of the mitigation, the mitigation will provide
more ecological functional value if implemented outside of the subwatershed.
(3)
All revegetation plantings shall use native plants listed on
the Oregon Noxious Weed List or Milwaukie Invasive Tree List.
(4)
All in-stream work in fish-bearing streams shall be done in
accordance with the allowable windows for in-water work as designated
by ODFW.
(5)
A mitigation maintenance plan shall be included and shall be
sufficient to ensure the success of the planting. Compliance with
the plan shall be a condition of development approval.
2.
Municipal Water Utility Facilities Standards
In addition to all other applicable criteria of Subsection 19.402.12.B, and if not already exempted by Subsection 19.402.4; municipal potable water, stormwater, and wastewater utility facilities (which may include, but are not limited to, water treatment plants, wastewater treatment plants, raw water intakes, pump stations, transmission mains, conduits or service lines, terminal storage reservoirs, and outfall devices) may be built, expanded, repaired, maintained, reconfigured, rehabilitated, replaced, or upsized in accordance with the following criteria:
a.
Such projects shall not be required to avoid the resource area
per SubSection 19.402.12.B.1.a, provided that, where practicable,
the project does not encroach closer to a protected water feature
than existing operations and development; or, for new projects where
there are no existing operations or development, provided that the
project does not encroach closer to a Protected water feature than
practicable.
b.
Best management practices will be employed that accomplish all
of the following:
(1)
Account for watershed assessment information in project design.
(2)
Minimize the trench area and tree removal within the resource
area.
(3)
Utilize and maintain erosion controls until other site stabilization
measures are established, post-construction.
(4)
Replant immediately after backfilling, or as soon as effective.
(5)
Preserve wetland soils and retain soil profiles.
(6)
Minimize compactions and the duration of the work within the
resource area.
(7)
Complete in-water construction during appropriate seasons, or
as approved within requisite federal or State permits.
(8)
Monitor water quality during the construction phases, if applicable.
(9)
Implement a full inspection and monitoring program during and
after project completion, if applicable.
C.
Limitations and Mitigation for Disturbance of HCAs
1.
Discretionary Review to Approve Additional Disturbance within an
HCA
An applicant seeking discretionary approval to disturb more
of an HCA than is allowed by Subsection 19.402.11.D.1 shall submit
an Impact Evaluation and Alternatives Analysis, as outlined in Subsection
19.402.12.A, and shall be subject to the approval criteria provided
in Subsection 19.402.12.B.
An applicant may use the nondiscretionary mitigation options
presented in Subsection 19.402.11.D.2 as a guide for proposing mitigation
measures that will then be evaluated against the approval criteria
provided in Subsection 19.402.12.B.
2.
Discretionary Review to Approve Mitigation that Varies the Number
and Size of Trees and Shrubs within an HCA
An applicant seeking discretionary approval to proportionally vary the number and size of trees and shrubs required to be planted under Subsection 19.402.11.D.2 (e.g., to plant fewer larger trees and shrubs or to plant more smaller trees and shrubs), but who will comply with all other applicable provisions of Subsection 19.402.11, shall be subject to the following process:
a.
The applicant shall submit the following information:
(1)
A calculation of the number and size of trees and shrubs the
applicant would be required to plant under Subsection 19.402.11.D.2.
(2)
The number and size of trees and shrubs that the applicant proposes
to plant.
(3)
An explanation of how the proposed number and size of trees
and shrubs will achieve, at the end of the third year after initial
planting, comparable or better mitigation results than would be achieved
if the applicant complied with all of the requirements of Subsection
19.402.11.D.2. Such explanation shall be prepared and signed by a
knowledgeable and qualified natural resource professional or a certified
landscape architect. It shall include discussion of site preparation
including soil additives, removal of invasive and noxious vegetation,
plant diversity, plant spacing, and planting season; and immediate
post-planting care, including mulching, irrigation, wildlife protection,
and weed control.
(4)
A mitigation, site-monitoring, and site-reporting plan.
b.
Approval of the request shall be based on consideration of the
following:
(1)
Whether the proposed planting will achieve, at the end of the
third year after initial planting, comparable or better mitigation
results than would be achieved if the applicant complied with all
of the requirements of Subsection 19.402.11.D.2.
(2)
Whether the proposed mitigation adequately addresses the plant
diversity, plant survival, and monitoring practices established in
Subsection 19.402.11.B.
The following standards apply to property line adjustments and all forms of land division defined in Chapter 17.08. These standards apply in addition to the applicable requirements provided in Title 17 Land Division and elsewhere in Title 19 Zoning. Lot consolidations, as defined in Chapter 17.08, are not subject to the provisions of Section 19.402.
A.
Boundary Verification
Whether or not an applicant believes the NR Administrative Map is accurate, the applicant shall verify the boundaries of the WQR and HCA on the property according to Subsection 19.402.15.
B.
Construction Management Plans
1.
In accordance with Subsection 19.402.9, a construction management plan is required for applications for land division that will require physical site improvements (e.g., grading and/or construction of structures, streets, or utilities) within, or within 100 ft of, a WQR or HCA.
2.
A construction management plan is not required for applications for
land division that do not require grading; constructing structures,
streets, or utilities; or making other physical improvements to the
site.
C.
Impacts from Site Improvements
Applications for land division that will require physical site improvements (e.g., grading and/or the construction of streets, sidewalks, culverts, bridges, or utilities) within a WQR or HCA shall comply with the relevant standards for disturbance limitation and mitigation provided in Subsections 19.402.11 and/or 19.402.12, as applicable.
D.
Mitigation for Future Structures or Improvements
Applications proposing a division of land on which future construction
may impact a WQR or HCA shall comply with one of the following two
standards:
1.
Complete the mitigation requirements for any impacts to the WQR or HCA, in accordance with the requirements of Section 19.402, thereby exempting all subsequent Development on lots containing a WQR and/or HCA from further review if in compliance with the related approval. When mitigation is required for new streets created as part of a subdivision, as outlined in Subsection 19.402.13.I, such mitigation shall be completed prior to approval of the final plat for the subdivision, unless the Planning Commission's approval establishes a different schedule.
E.
Property Line Adjustments
Applications for property line adjustment, when any of the properties
include HCAs, shall address the resulting change in the percentage
of HCA coverage on each property and demonstrate compliance with one
of the following standards:
1.
The proposed property line adjustment will result in no more than
a 30-point difference in the percentage of HCA coverage on each property.
Such an adjustment shall be subject to the Type I review process.
2.
The proposed property line adjustment will not contravene a condition
of approval related to HCA distribution from a previously approved
land division. Such an adjustment shall be subject to the Type I review
process.
3.
The proposed property line adjustment cannot meet the standard of
Subsection 19.402.13.E.1, above, but will result in the smallest practicable
difference in the percentage of HCA coverage on each property. Furthermore,
the new boundary configuration will mitigate, to the extent practicable,
the potential future impacts to the HCA from access and development.
Such an adjustment shall be subject to the Type II review process.
F.
Replats
For the purpose of compliance with Section 19.402, replats that result in 3 or fewer lots shall be processed as partitions; replats that result in 4 or more lots shall be processed as subdivisions.
G.
Low-Impact Partitions
Applications for partitions are subject to Type II review if
they demonstrate compliance with the following standards:
1.
For properties that contain HCAs, but no WQRs, and where the HCA
covers 85% or less of the total lot area, the partition shall achieve
either of the following results:
a.
There shall be no more than a 30-point difference in the percentage
of HCA coverage on each of the new parcels. For example, a 2-lot partition
that would produce one parcel that is 55% HCA and the other that is
30% HCA is permissible with Type II review; whereas, a 2-lot partition
that would produce one parcel that is 75% HCA and the other that is
40% HCA is not permissible with Type II review and shall be subject
to the standards of Subsection 19.402.13.H.
b.
At least 90% of the original property's HCA is on a separate
unbuildable parcel, protected by a conservation restriction.
2.
For properties that contain WQRs, the applicant shall place 100%
of the WQR in a separate unbuildable tract, protected by a conservation
restriction.
3.
For properties that contain both WQRs and HCAs, the applicant shall
comply with both of the standards listed above in Subsections 19.402.13.G.1
and 2.
4.
For properties where the HCA covers more than 85% of the total lot
area, the proposed partition shall be subject to the standards and
review process established in Subsection 19.402.13.H.
H.
All Other Partitions
Applications for partitions that cannot comply with Subsection
19.402.13.G are subject to Type III review and shall comply with one
of the following two standards:
1.
For properties that do not contain any WQRs, but for which it is not practicable to comply with the partition standards in Subsection 19.402.13.G.1, and where the HCA covers 85% or less of the total lot area, the application shall meet the following standards and is not subject to the requirements of Subsection 19.402.12:
2.
For properties that contain WQRs but cannot comply with Subsection
19.402.13.G.2, that contain both WQRs and HCAs but cannot comply with
Subsection 19.402.13.G.3, or where the HCA covers more than 85% of
the total lot area, the application shall comply with the following
standards:
a.
To the extent practicable, the parcel configuration shall mitigate
the potential future impacts to WQRs from access and development.
b.
An Impact Evaluation and Alternatives Analysis shall be prepared
in accordance with the relevant portions of Subsection 19.402.12.A.
c.
For properties where the HCA covers more than 85% of the total
lot area, the Impact Evaluation and Alternatives Analysis shall address
how the applicant's proposal retains the greatest practicable degree
of contiguity of the HCA across the new parcels.
I.
Subdivisions
Applications for subdivisions are subject to Type III review
and shall comply with one of the following two standards:
1.
At least 90% of the property's HCA and 100% of the property's WQR shall be located in a separate tract. Applications that meet this standard are not subject to the discretionary review requirements of Subsection 19.402.12.
2.
If a subdivision cannot comply with the standards in Subsection 19.402.13.I.1,
the application shall comply with the following standards:
a.
All proposed lots shall have adequate buildable area outside
of the WQR and HCA.
b.
To the extent practicable, the lot and access configurations
shall mitigate the potential future impacts to the WQR and HCA from
access and Development.
c.
An Impact Evaluation and Alternatives Analysis shall be prepared
in accordance with the relevant portions of Subsection 19.402.12.A.
d.
For properties where the HCA covers more than 85% of the total
lot area, the Impact Evaluation and Alternatives Analysis shall address
how the applicant's proposal retains the greatest practicable degree
of contiguity of the HCA across the new lots.
J.
Resource Area as a Separate Tract
Where required by Section 19.402, the new subdivision or partition plat shall delineate and show all WQRs and HCAs as being located in a separate unbuildable tract(s) according to the following process:
1.
Prior to preliminary plat approval, the designated natural resource
(whether WQR, HCA, or both) shall be shown as a separate tract(s),
which shall not be part of any lot or parcel used for construction
of any structures.
2.
Prior to final plat approval, ownership of the separate natural resource
tract(s) shall be identified to distinguish it from lots or parcels
intended for sale. Ownership in common or by a homeowners association
is strongly discouraged. The tract(s) may be identified as any one
of the following:
a.
Private natural area held by the owner with a restrictive covenant
and/or conservation easement.
b.
For residential subdivisions, private natural area subject to an easement conveying storm and surface water management rights to the City of Milwaukie, Clackamas County Water Environment Services, and/or any other relevant jurisdiction, and preventing the owner of the tract from activities and uses inconsistent with the purposes of Section 19.402.
c.
Public natural area where the tract has been dedicated to the
City of Milwaukie or a private nonprofit with the mission of land
conservation.
3.
The boundaries of all such separate tracts shall be demarcated with
stakes, flags, or some similar means so that the boundaries between
tracts and adjacent properties are defined in perpetuity. Fences that
prevent the unfettered passage of wildlife shall not be installed
along the boundary of any tract.
To encourage applicants to avoid or minimize impacts to WQRs
and/or HCAs, several types of adjustments and variances are available
for use on any property that includes a WQR or HCA. These include
adjustments to specific base zone and lot design standards, discretionary
variances, and allowances for residential cluster development.
A.
Adjustments
The adjustments provided in Subsection 19.402.14.A shall not be used to avoid the requirement to submit a construction management plan, if deemed applicable per Subsection 19.402.3. The following adjustments are allowed by right as part of any Type I, II, or III application:
1.
Adjustments to Base Zone Standards
a.
Yard Setback (General)
Yard setback standards may be adjusted by up to 10%. This allowance applies only to the yard requirements established in base zones and does not apply to additional yard requirements for conditional uses or community service uses, yard exceptions established in Subsection 19.501.2, or Transition area measures established in Subsection 19.504.6.
b.
Rear Yard Setback (Limited)
For residential development, if the subject property is adjacent
to a separate tract that was established according to the standards
of Subsection 19.402.13.J, and the tract is adjacent to the rear yard
of the subject property, the minimum rear yard requirement may be
reduced to 10 ft.
2.
Adjustments to Lot Design Standards
When property boundaries are changed and/or land divided per
Title 17 Land Division, an applicant may utilize the following adjustments
to avoid or minimize impacts to a WQR or HCA:
B.
Variances
1.
Requests to vary any standards beyond the adjustments allowed in Subsections 19.402.14.A or B shall be subject to the review process and approval criteria for variances established in Section 19.911.
2.
In granting any variance request related to Section 19.402, the Planning Commission may impose such conditions as are deemed necessary to minimize adverse impacts that may result from granting the variance. Examples of such conditions include, but are not limited to, maintaining a minimum width of the vegetated corridor alongside a primary protected water feature and limiting the amount of WQR for which the adjacent vegetated corridor width can be reduced.
C.
Residential Cluster Development
For residential proposals, development may be clustered so that land can be developed at allowed densities while avoiding or minimizing impacts to WQRs or HCAs. The intent of this section is to encourage creative and flexible site design that enables the allowable density to be transferred elsewhere on a site to protect environmentally sensitive areas and preserve open space and natural features. A residential cluster development may be permitted in any residential or mixed-use zoning district, subject to Type III review and approval by the Planning Commission. A cluster development proposal may be considered in conjunction with a proposal for land division or property line adjustment as provided in Subsection 19.402.13.
1.
Calculation of Permitted Number of Dwelling Units
a.
The maximum number of dwelling units proposed for a residential
cluster development shall not exceed the number of dwelling units
otherwise permitted for the residential zoning district in which the
parcel is located. The number of units allowed on a parent lot may
be transferred to one or more newly created lots or parcels on the
site. The cumulative density for all lots or parcels shall not exceed
the density allowed for the parent lot.
b.
The number of permitted dwelling units on a site shall be calculated
in the following manner:
(1)
Measure the gross area of the proposed cluster development site
in acres and tenths of an acre.
(2)
From the gross area, subtract the area of public streets, other
publicly dedicated improvements, and common open space (whether or
not it is conveyed pursuant to Subsection 19.402.14.C.2.c), measured
in acres and tenths of an acre. The remainder shall be the net buildable
area.
(3)
Convert the net buildable area from acres to square feet, using
the equivalency of 43,560 sq ft = 1 acre.
(4)
Divide the net buildable area by the smallest minimum lot size
(in square feet) per unit for a dwelling unit permitted in the zoning
district. This figure shall be rounded to the nearest lower number
to establish the maximum number of dwelling units permitted in the
cluster development.
2.
Development Standards
a.
All principal and accessory uses authorized in the underlying
zoning district(s) shall be allowed in the cluster development. In
addition, singlefamily attached dwellings, multifamily dwellings,
and townhouses may be permitted for a cluster development located
in a residential zoning district that does not otherwise allow attached
dwelling units.
b.
Maximum lot coverage, building height, and off-street parking
requirements for the applicable zoning district shall apply to the
cluster development. Maximum lot coverage, floor area ratios, and
off-street parking requirements shall be applied to the entire site
rather than to any individual lot.
c.
The following provisions shall apply to any residential cluster
development, regardless of the general requirements of the applicable
residential zoning district:
(1)
The adjustments allowed by Subsection 19.402.14.A shall be available
for cluster development proposals.
(2)
Minimum lot width and lot depth standards shall not apply.
(3)
A minimum separation of 10 ft shall be provided between all
principal buildings and structures.
(4)
A minimum yard or common open space shall be provided, with
a minimum depth of 25 ft, as measured from all public streets and
from the side and rear lot lines of the entire cluster development.
(5)
Each lot shall provide at least 12 ft of frontage on a public
street.
(6)
More than 1 principal building or structure may be placed on
a lot.
(7)
No less than 25% of the site shall be conveyed as common open
space.
(8)
No less than 50% of the designated natural resources on the
site shall be included in calculating the common open space.
3.
Site Plan Requirements
The preliminary and final site plans for a residential cluster
development shall include the following information, in addition to
the items listed on the City's Site Plan Requirements:
a.
The maximum number and type of dwelling units proposed.
b.
The areas of the site on which the dwelling units are to be
constructed or are currently located and their size. This may take
the form of the footprint of the dwelling unit or a building envelope
showing the general area in which the dwelling unit is to be located.
c.
The calculations for the permitted number of dwelling units,
derived pursuant to Subsection 19.402.14.C.1.
d.
The areas of the site on which other principal and accessory
uses are proposed to be located and their size.
e.
The areas of the site designated for common open space and their
size.
4.
Approval Criteria
a.
Proposals for residential cluster development shall demonstrate
compliance with the following criteria:
(1)
The site plan satisfies the requirements of Subsections 19.402.14.C.1
and 2.
(2)
Buildings and structures are adequately grouped so that at least
25% of the total area of the site is set aside as common open space.
To the greatest degree practicable, common open space shall be designated
as a single tract and not divided into unconnected small parcels located
in various parts of the development. Common open space shall be conveyed
as allowed by Subsection 19.402.13.J.
(3)
Individual lots, buildings, structures, streets, and parking
areas are situated to minimize the alteration of natural features,
natural vegetation, and topography.
(4)
Impacts to WQRs and HCAs are avoided or minimized to the greatest
degree practicable.
b.
The Planning Commission may apply such conditions or stipulations
to its approval as may be required to maintain harmony with neighboring
uses and promote the objectives and purposes of the Comprehensive
Plan and the Zoning and Land Division Ordinances.
c.
If the Planning Commission finds that the criteria in Subsection
19.402.14.C.4.a are met, it shall approve the residential cluster
Development, subject to any conditions established pursuant to Subsection
19.402.14.C.4.b.
The NR Administrative Map shows the locations of WQRs and HCAs.
For WQRs, the NR Administrative Map is a general indicator of protected
water features and their associated vegetated corridors; the location
of actual WQRs is determined according to the parameters established
in Table 19.402.15. With respect to HCA locations, the NR Administrative
Map is assumed to be correct unless demonstrated otherwise.
|
Table 19.402.15
Determination of WQR Location
| |||
|---|---|---|---|
|
Protected Water Feature Type
|
Slope Adjacent to Protected Water Feature
|
Starting Point for measurements from Protected Water Feature
|
Width of Vegetated Corridor1
|
|
Primary Protected Water Features2
|
< 25%
|
• Bankful stage (top of bank) or 2-year recurrence interval
flood elevation
• Delineated edge of Title 3 wetland
|
50′
|
|
Primary Protected Water Features2
|
≥ 25% for 150' or more3
|
• Bankful stage or 2-year flood elevation
• Delineated edge of Title 3 wetland
|
200′
|
|
Primary Protected Water Features2
|
≥ 25% for less than 150'3
|
• Bankful stage or 2-year flood elevation
• Delineated edge of Title 3 wetland
|
Distance from starting point of measurement to top of ravine
(break in ≥ 25% slope)4 plus 50′5
|
|
Secondary Protected Water Features6
|
< 25%
|
• Bankful stage or 2-year flood elevation
|
15′
|
|
Secondary Protected Water Features6
|
≥ 25%3
|
• Bankful stage or 2-year flood elevation
|
50′
|
|
1
|
Vegetated corridor width shall be applied to the outer boundaries
of water features, such as the edge of a wetland and both banks of
a watercourse.
|
|
2
| |
|
3
|
Vegetated corridors in excess of 50 ft for primary protected
features, or in excess of 15 ft for secondary protected features,
apply on steep slopes only in the uphill direction from the protected
water feature.
|
|
4
|
Where the protected water feature is confined by a ravine or
gully, the top of ravine is the break in the 25% slope.
|
|
5
|
A maximum reduction of 25 ft may be permitted in the width of
the vegetated corridor beyond the slope break if a geotechnical report
demonstrates that the slope is stable. To establish the width of the
vegetated corridor, slope should be measured in 25-ft increments away
from the water feature until the slope is less than 25% (top of ravine).
|
|
6
|
Secondary protected water features include intermittent streams draining 50 to 100 acres. See Section 19.201 for the full definition.
|
A.
Boundary Verification
To determine whether the standards of Section 19.402 apply to a proposed activity at any given location, the boundaries of any designated natural resource(s) on or near the site shall be verified.
Agreement with the accuracy of the NR Administrative Map does
not constitute or require a land use decision. However, for activities
proposed within 100 ft of a wetland or its associated vegetated corridor,
the boundary verification process outlined in Subsection 19.402.15.A.2.a(1)(b)
shall be followed to identify the specific location of wetlands on
the subject property. The Planning Director may waive the requirement
for official wetland delineation, depending on the specific circumstances
of the site and the proposed activity. Such circumstances may include,
but are not limited to, the scale and potential impacts of the proposed
activity, the proximity of the proposed activity to the mapped resource,
and the Director's confidence in the accuracy of the NR Administrative
Map relative to the resource in question.
An applicant may challenge the accuracy of the NR Administrative
Map through either of the boundary verification processes outlined
in Subsections 19.402.15.A.1 and 2.
1.
Type I Boundary Verification
The following minor corrections to mapped HCAs may be proposed according to one of the following procedures, and are subject to Type I review per Section 19.1004:
a.
Simple Incongruities
In some cases, the vegetative cover data shown on the NR Administrative
Map might not align with the location of existing legally established
Development or tree cover. An applicant who believes that the NR Administrative
Map is inaccurate, based on such an obvious misalignment, shall submit
the following information regarding the property:
(1)
A detailed property description and site plan of the property
that includes all existing conditions plans listed on the City's Site
Plan Requirements.
(2)
A copy of the applicable NR Administrative Map section.
(3)
The latest available aerial photograph of the property, with
lot lines shown, at a scale of at least 1 map inch equal to 50 ft
for lots of 20,000 or fewer square feet, and a scale of 1 map inch
equal to 100 ft for larger lots.
(4)
A documented demonstration of the misalignment between the NR
Administrative Map and the property's tax lot boundary lines and/or
the location of existing legally established development.
(5)
Any other factual information that the applicant wishes to provide
to support boundary verification.
b.
Legal Development Prior to Adoption Date
If a property was legally developed between the summer of 2002
(when the aerial photograph used to determine the regional habitat
inventory was taken) and September 15, 2011, the effective date of
Ordinance #2036, the applicant shall submit the following information
regarding the property:
(1)
The information described in Subsection 19.402.15.A.1.a.
(2)
A summer 2002 aerial photograph of the property, with lot lines
shown, at a scale of at least 1 map inch equal to 50 ft for lots of
20,000 or fewer square feet, and a scale of 1 map inch equal to 100
ft for larger lots.
(3)
Any approved building permits or other development plans and
drawings related to the development of the property that took place
between summer 2002 and September 15, 2011, the effective date of
Ordinance #2036.
(4)
A clear explanation and documentation, such as supporting maps
or drawings or a more recent aerial photograph, indicating the new
development that has occurred and where previously identified habitat
no longer exists because it is now part of a developed area.
2.
Type II Boundary Verification
Corrections to mapped WQRs and/or detailed verification of mapped HCAs may be proposed according to the following procedures, and are subject to Type II review per Section 19.1005.
a.
Corrections to WQRs
(1)
Submittal Requirements
To propose a correction to a WQR shown on the NR Administrative
Map, the applicant shall submit the following information, depending
on the type of water feature in question:
(a)
Drainages
In the case of drainages; including rivers, streams, springs,
and natural lakes; the applicant shall submit a report, prepared by
a qualified scientist or professional engineer who specializes in
hydrology, demonstrating whether or not the drainage meets the definition
of a protected water feature. If the drainage is demonstrated to be
a protected water feature, the applicant shall provide a topographic
map of the site, with contour intervals of 5 ft or less, that shows
the specific location of the drainage on the subject property.
(b)
Wetlands
In the case of wetlands, the applicant shall submit a wetland
delineation report, prepared by a professional wetland specialist
in accordance with the 1996 Oregon Freshwater Wetland Assessment Methodology
and following the wetlands delineation process established by DSL,
demonstrating the location of any wetlands on the site. The delineation
report will be accepted only after approval by DSL. If the wetland
is demonstrated to be a primary protected water feature, the applicant
shall provide a topographic map of the site, with contour intervals
of 5 ft or less, that shows the specific location of the wetland on
the subject property.
|
The Planning Director shall confer with DSL and Metro to confirm
delineation and hydrology reports, as may be needed, prior to issuing
a notice of decision on a requested map correction.
|
(2)
Approval Criteria
The City shall update the NR Administrative Map if the wetland
or hydrology report submitted demonstrates any of the following:
(a)
That there was an error in the original mapping.
(b)
That the boundaries of the WQR have changed since
the most recent update to the NR Administrative Map.
(c)
That a primary protected water feature no longer
exists because the area has been legally filled, culverted, or developed
prior to January 16, 2003, the effective date of Ordinance #1912.
b.
Detailed Verification of HCAs
An applicant who believes that an HCA shown on the NR Administrative
Map should be corrected for a reason other than those described in
Subsections 19.402.15.A.1.a or b may propose a detailed verification.
(1)
Submittal Requirements
The applicant shall submit a report prepared and signed by either
a knowledgeable and qualified natural resource professional; such
as a wildlife biologist, botanist, or hydrologist; or a civil or environmental
engineer registered in Oregon to design public sanitary or storm systems,
stormwater facilities, or other similar facilities. The report shall
include:
(a)
A description of the qualifications and experience
of all persons that contributed to the report and, for each person
that contributed, a description of the elements of the analysis to
which the person contributed.
(b)
The information described in Subsection 19.402.15.A.1.a.
(c)
The information described in Subsection 19.402.15.A.1.b,
if the applicant believes such information is relevant to the verification
of habitat location on the subject lot or parcel.
(d)
Additional aerial photographs, if the applicant
believes they provide better information regarding the property, including
documentation of the date and process used to take the photos and
an expert's interpretation of the additional information they provide.
(e)
A map showing the topography of the property shown
by 2-ft vertical contours in areas of slopes less than 15%, and at
5-ft vertical contours of slopes 15% or greater.
(f)
Any additional information necessary to address
each of the detailed verification criteria provided in Subsection
19.402.15.A.2.b(2); a description of where any HCAs are located on
the property, based on the application of the detailed verification
criteria; and factual documentation to support the analysis.
(2)
Approval Criteria
A boundary verification request submitted under Subsection 19.402.15.A.2.b
shall be evaluated according to the following three-step process:
(a)
Verify Boundaries of Inventoried Riparian Habitat
Locating habitat and determining the riparian habitat class
of the designated natural resource is a four-step process:
(i)
Locate the water feature that is the basis for
identifying riparian habitat.
|
•
|
Locate the top of bank of all streams, rivers, and open water
within 200 ft of the property.
|
|
•
|
Locate all flood areas within 100 ft of the property.
|
|
•
|
Locate all wetlands within 150 ft of the property, based on
the NR Administrative Map. Identified wetlands shall be further delineated
consistent with methods currently accepted by DSL and the Corps.
|
(ii)
Identify the vegetative cover status of all areas
on the property that are within 200 ft of the top of bank of streams,
rivers, and open water; are wetlands or are within 150 ft of wetlands;
and are flood areas and within 100 ft of flood areas.
|
•
|
Vegetative cover status shall be as identified on the latest
Metro Vegetative Cover Map (available from the City and/or the Metro
Data Resource Center).
|
|
•
|
The vegetative cover status of a property may be adjusted only
if: (1) the property was legally developed prior to September 15,
2011, the effective date of Ordinance #2036 (see Subsection 19.402.15.A.1.b);
or (2) an error was made at the time the vegetative cover status was
determined. To assert the latter type of error, applicants shall submit
an analysis of the vegetative cover on their property, using the aerial
photographs on which the latest Metro Vegetative Cover Map is based
and the definitions of the different vegetative cover types identified
in Table 19.402.15.A.2.b(2)(a)(iv).
|
(iii)
Determine whether the degree that the land slopes
upward from all streams, rivers, and open water within 200 ft of the
property is greater than or less than 25%, using the methodology outlined
in Table 19.402.15.
(iv)
Identify the riparian habitat classes applicable
to all areas on the property using Table 19.402.15.A.2.b(2)(a)(iv)
and the data identified in Subsections 19.402.15.A.2.b(2)(a)(i) through
(iii).
|
Table 19.402.15.A.2.b(2)(a)(iv)
Method for Determining Classification of Riparian Areas
| |||
|---|---|---|---|
|
Distance from Protected Water Feature
|
Development/Vegetation Status1
| ||
|
Low Structure Vegetation or Open Soils2
|
Woody Vegetation
(shrub and scattered forest canopy)3
|
Forest Canopy
(closed to open forest canopy)4
| |
|
Surface Streams
| |||
|
0'-50'
|
Class I5
|
Class I
|
Class I
|
|
51'-100'
|
Class II6
|
Class I
|
Class I
|
|
101'-150'
|
Class II6 if slope>25%
|
Class II6 if slope>25%
|
Class II6
|
|
151'-200'
|
Class II6 if slope>25%
|
Class II6 if slope>25%
|
Class II6 if slope>25%
|
|
Wetlands (wetland feature itself is a Class I riparian
area)
| |||
|
0'-100'
|
Class II6
|
Class I
|
Class I
|
|
101'-150'
|
|
|
Class II5
|
|
Flood Areas
| |||
|
Within 300' of river or surface stream
|
Class I
|
Class I
|
Class I
|
|
More than 300' from river or surface stream
|
Class II6
|
Class II6
|
Class I
|
|
0'-100' from edge of flood area
|
|
Class II6, 7
|
Class II6
|
|
1
|
The vegetative cover type assigned to any particular area was
based on two factors: the type of vegetation observed in aerial photographs
and the size of the overall contiguous area of vegetative cover to
which a particular piece of vegetation belonged.
|
|
2
|
"Low structure vegetation or open soils" means areas that are
part of a contiguous area 1 acre or larger of grass, meadow, croplands,
or areas of open soils located within 300 ft of a surface stream.
Low structure vegetation areas may include areas of shrub vegetation
less than 1 acre in size; if they are contiguous with areas of grass,
meadow, croplands, orchards, Christmas tree farms, holly farms, or
areas of open soils located within 300 ft of a surface stream; and
if those contiguous areas together form an area of 1 acre in size
or larger.
|
|
3
|
"Woody vegetation" means areas that are part of a contiguous
area 1 acre or larger of shrub or open or scattered forest canopy
(less than 60% crown closure) located within 300 ft of a surface stream.
|
|
4
|
"Forest canopy" means areas that are part of a contiguous grove
of trees of 1 acre or larger in area with approximately 60% or greater
crown closure, irrespective of whether the entire grove is within
200 ft of the relevant water feature.
|
|
5
|
Except that areas within 50 ft of surface streams shall be Class
II riparian areas if their vegetation status is "low structure vegetation
or open soils," and they are high gradient streams. High gradient
streams are identified on the Metro Vegetative Cover Map. If a property
owner believes the gradient of a stream was incorrectly identified,
then the property owner may demonstrate the correct classification
by identifying the channel type using the methodology described in
the Oregon Watershed Assessment Manual, published
by OWEB, and appended to Metro's Riparian Corridor and Wildlife
Habitat Inventories Report, Attachment 1 to Exhibit F to
Metro Ordinance No. 05-1077C.
|
|
6
|
Areas that have been identified as habitats of concern, as designated
on the Metro Habitats of Concern Map (on file in the Metro Council
office), shall be treated as Class I riparian habitat areas in all
cases; subject to the provision of additional information that establishes
that they do not meet the criteria used to identify habitats of concern
as described in Metro's Technical Report for Fish and Wildlife. Examples of habitats of concern include: Oregon white oak woodlands,
bottomland hardwood forests, wetlands, native grasslands, riverine
islands or deltas, and important wildlife migration corridors.
|
|
7
|
Only if within 300 ft of a river or surface stream.
|
(b)
Determine the Property's Urban Development Value
The urban development value of property designated as regionally
significant habitat is depicted on the Metro Habitat Urban Development
Value Map (available from the Metro Data Resource Center).
(i)
A property's urban development value designation
shall be adjusted upward if the Metro 2040 Design Type designation
for the property lot or parcel has changed from one with a lower urban
development value to one with a higher urban development value. 2040
Design Type designations are identified on the Metro 2040 Applied
Concept Map (available from the Metro Data Resource Center).
(ii)
Properties in areas designated on the 2040 Applied
Concept Map as Central City, Regional Centers, Town Centers, and Regionally
Significant Industrial Areas are considered to be of high urban development
value; properties in areas designated as Main Streets, Station Communities,
Other Industrial Areas, and Employment Centers are of medium urban
development value; and properties in areas designated as Inner and
Outer Neighborhoods and Corridors are of low urban development value.
(iii)
As designated in Title 13 of the UGMFP, properties
owned by a regionally significant educational or medical facility
are designated as high urban development value.
(c)
Cross-Reference Habitat Class with Urban Development
Value
City verification of the locations of HCAs shall be consistent
with Table 19.402.15.A.2.b(2)(c).
|
Table 19.402.15.A.2.b(2)(c)
Method for Identifying Habitat Conservation Areas (HCAs)
| ||||
|---|---|---|---|---|
|
Fish & Wildlife Habitat Classification
|
High Urban Development Value1
|
Medium Urban Development Value2
|
Low Urban Development Value3
|
Other Areas: Parks and Open Spaces (no design types outside
UGB)
|
|
Class I Riparian
|
HCA
|
HCA
|
HCA
|
HCA
|
|
Class II Riparian
|
HCA
|
HCA
|
HCA
|
HCA
|
|
Class A Upland Wildlife
|
No HCA
|
No HCA
|
No HCA
|
No HCA/HCA4
|
|
Class B Upland Wildlife
|
No HCA
|
No HCA
|
No HCA
|
No HCA/HCA4
|
|
NOTE: The default urban development value of property is as
depicted on the Metro Habitat Urban Development Value Map. The Metro
2040 Design Type designations provided in the following footnotes
are only for use when a city or county is determining whether to make
an HCA adjustment.
| |
|
1
|
Primary 2040 design type: Central City, Regional Centers, Town
Centers, and Regionally Significant Industrial Areas.
|
|
2
|
Secondary 2040 design type: Main Streets, Station Communities,
Other Industrial areas, and Employment Centers.
|
|
3
|
Tertiary 2040 design type: Inner and Outer Neighborhoods, Corridors.
|
|
4
|
All Class A and B upland wildlife habitat in publicly-owned
parks and open spaces shall be considered HCA, except for parks and
open spaces where the acquiring agency clearly identified that it
was acquiring the property to develop it for active recreational uses.
|
(3)
Notification to Metro and DLCD
When an application for boundary verification proposes corrections
to mapped HCAs that would result in a change in HCA designation of
1 acre or more, the City shall notify Metro and the Oregon Department
of Land Conservation and Development within 7 days after the application
has been deemed complete, in accordance with the Type II referral
procedure outlined in Subsection 19.1005.3.A.
3.
Type III or V Boundary Verification
Corrections to mapped WQRs or HCAs that are not subject to processing according to the provisions outlined in either of Subsection 19.402.15.A.1 or A.2, such as in cases where the City initiates the change without property owner authorization and/or where the changes involve more properties than for which it is practicable to obtain all property owners' authorization, shall be processed in accordance with the procedures for zoning map amendments as provided in Subsection 19.902.6. Such corrections shall be processed with either Type III or Type V review, accordingly, but do not constitute amendments to the zoning map itself, only to the NR Administrative Map.
B.
Map Administration
1.
Updates to the NR Administrative Map
When a boundary verification, conducted in accordance with the
standards of Subsection 19.402.15.A, demonstrates an error in the
location of a WQR or HCA shown on the NR Administrative Map, the City
shall update the NR Administrative Map to incorporate the corrected
information as soon as practicable. Changes to the NR Administrative
Map are not considered amendments to the City's Comprehensive Plan,
to Comprehensive Plan Map 5 (Natural Resources), or to the Zoning
Map.
2.
3.
Designation of Annexed Areas
When land annexed to the City includes WQRs and/or HCAs, as
designated by Clackamas County, those same designations shall be shown
on the City's NR Administrative Map at the time of annexation. Verification
of the boundaries of such WQRs and/or HCAs shall be processed in accordance
with the applicable provisions established in Subsection 19.402.15.A;
not necessarily at the time of annexation, but at such time as a new
activity is proposed on the annexed property.
(Ord. 2025 § 2, 2011; Ord. 2112 § 2 (Exh. B), 2015; Ord. 2218 § 2 (Exh. B), 2022)
The intent and purpose of this section is to promote the general
welfare by providing for the identification, protection, enhancement,
perpetuation, and use of sites, structures, districts, objects, and
buildings within the City that reflect the City's unique architectural,
archaeological, and historical heritage, and to facilitate preservation
of such properties in order to:
A.
Safeguard the City's heritage as embodied and reflected in such resources;
B.
Encourage public knowledge, understanding, and appreciation of the
City's history and culture;
C.
Foster community and neighborhood pride and sense of identity based
on recognition and use of cultural resources;
D.
Promote the enjoyment and use of cultural resources appropriate for
the education and recreation of the people of the City;
E.
Preserve diverse and significant architectural styles reflecting
phases of the City's history, and encourage complementary design and
construction relative to cultural resources;
F.
Enhance property value and increase economic and financial benefits
to the City and its residents;
G.
Identify and resolve conflicts between the preservation of cultural
resources and alternative land uses;
H.
Integrate the management of cultural resources and relevant data
into public and private land management and development processes;
and
I.
Implement the goals and policies of the Comprehensive Plan.
"Landmark alteration"
means a change, addition, or modification of a landmark which affects the exterior of the landmark, excluding routine maintenance as defined in Subsection 19.403.6 of this section.
means the City of Milwaukie Planning Commission.
means an historic resource ranking whereby buildings, sites,
structures, or objects are less significant examples of architecture
or of lesser historical association. These, over time, may become
a source for additional "significant" resources. To be designated
as "contributing," an historic resource must receive a rating score
level of 50 to 60% on the evaluation worksheet or score a high of
10 in at least one of the categories of the evaluation worksheet.
means to raze, destroy, dismantle, deface, or in any other
manner cause partial or total destruction of a designated resource
or building in an historic district.
means a rating system used by the City to rank historic resources
as to their historic, architectural, or environmental characteristics.
The ranking system is numerical with a top score of 86 and is part
of the historic and cultural resources inventory, located in the background
paper.
means the 1988 Milwaukie Historic and Cultural Resources
Inventory included as part of the Historic Resources Background Paper
of the Comprehensive Plan.
means any site, object, building, ensemble, district or structure
which is included in the Historic and Cultural Resources Inventory.
means a cultural resource that has been designated by the City Council as per Subsection 19.403.4 of this section.
means an historic resource ranking whereby important buildings,
sites, structures, or objects in Milwaukie are distinguished by outstanding
qualities of architecture, relationship to environment, and/or historic
associations. To be designated as "significant," an historic resource
must receive a rating score level of 60% or greater on the evaluation
worksheet and be at least 50 years old, or score a high of 10 in at
least two of the categories of the evaluation worksheet, or be listed
on the National Register of Historic Places.
means historic resources that lack sufficient information
to be ranked. When that information is available, those found to be
"significant" or "contributing" shall be recommended by the Planning
Commission for designation as "landmarks."
A.
Application Request
The owner of record, contract purchaser, or an agent of any of the foregoing, of property within the City may make application for resource designation or deletion. The application shall be in such form and detail as the Planning Director prescribes and processed per Section 19.1007 Type IV Review. The application shall be submitted to the Planning Director. The Planning Commission or the City Council may also initiate such proceedings on their own motion.
B.
Planning Commission
The Commission shall conduct a public hearing to evaluate the
request. The Commission shall enter findings and make a written recommendation
to the City Council.
C.
City Council
The City Council shall conduct a public hearing to consider
the recommendation of the Planning Commission on the request and shall
either approve, approve with conditions, or deny the request.
D.
Pending Permits
No new construction, exterior alteration, demolition, or removal
permits for any improvement, building, or structure relative to a
proposed landmark shall be issued while any public hearing or any
appeal affecting the proposed action is pending.
E.
Interim Measures
Upon a request for new construction, exterior alteration, or
demolition of a resource which is on the inventory but designated
as "unrankable," for lack of information regarding location, quality,
or quantity, the applicant shall be required to first complete the
designation process for the resource as outlined in this subsection.
A.
Review Required
Any exterior alteration of a landmark shall be subject to review under the provision of this Subsection 19.403.5. This review applies only to those resources determined to be "significant" on the inventory. Resources designated "unrankable" must complete the process referred to in Subsection 19.403.4.
B.
Application Request
The application shall be submitted to the Planning Director. The application shall be in such form and detail as the Planning Director prescribes. Applications subject to Subsection 19.403.5.C below shall follow the Type I review process of Section 19.1004.
C.
Administrative Approval
1.
The Planning Director shall approve alteration requests if:
2.
The following minor alterations are exempt from review, provided
these actions meet the above standards:
a.
Replacement of gutters and downspouts, or the addition of gutters
and downspouts, using materials that match the appearance of those
that were typically used on similar-style buildings;
b.
Repairing or providing a compatible new foundation that does
not result in raising or lowering the building elevation;
c.
Replacement of building material, when required due to deterioration
of material, with building material that matches the appearance of
the original material;
d.
Repair and/or replacement of roof materials with the same kind
of roof materials existing, or with materials which are in character
with those of the original roof;
e.
Application of storm windows made with wood, bronze, or flat
finished anodized aluminum, or baked enamel frames which complement
or match the color detail and proportions of the building;
f.
Replacement of wood sashes with new woods sashes, or the addition
of wood sashes when such is consistent with the original historic
appearance;
g.
Installation of solar equipment so that it complies with Subsection
19.403.5.C.2.e above;
h.
The installation of security doors and security lighting systems.
D.
Other Requests
All requests that do not meet the provisions of Subsection 19.403.5.C above shall be forwarded to the Commission. The Commission's decision will be final after notice and public hearing held the same as Section 19.1006 Type III Review. The Commission shall approve or disapprove issuance of the permit. The Commission may attach conditions to the approval for permit which must be adhered to for the permit to remain valid.
E.
Criteria and Findings
Approval of a permit to alter a landmark or any property in
the HP District shall be based on findings of adherence to the following
guidelines:
1.
Retention of Original Construction
Distinguishing original qualities defining a resource's character
shall not be destroyed. Removal or alteration of historic materials
or distinctive architectural features should be avoided when possible.
2.
Building Height
Existing building heights should be maintained. Alteration of
roof pitches shall be avoided. Raising or lowering a building's permanent
elevation when constructing a foundation shall be avoided, except
as required by building code or floodplain development permit.
3.
Horizontal Additions
The scale and proportion of building additions, including the
relationship of windows to walls, shall be visually compatible with
the traditional architectural character of the historic building.
Contemporary design for alterations and additions is acceptable if
the design respects the building's original design and is compatible
with the original scale, materials, and window and door-opening proportions
of the building.
4.
Windows
Window replacements shall match the visual qualities of original
windows as closely as possible. Wood window frames are preferred in
meeting this standard. However, if nonwood replacements exhibit similar
visual qualities as their wooden counterparts, they may be acceptable.
The original number of window panes shall be maintained or restored
when replacements are required.
5.
Restoration Possible
Except where building code precludes it, new additions or alteration
to buildings shall be done in such a manner that if such additions
or alterations were to be removed in the future, the essential form
and integrity of the original building could be restored.
6.
Signs and Lighting
Signs, lighting, and other appurtenances (such as walls, fences,
awnings, and landscaping) shall be visually compatible with the original
character of the building.
7.
Time Period Consistency
Buildings shall be recognized as products of their own time.
Alterations that have no Historical basis or which seek to create
an earlier appearance shall be avoided.
8.
Visual Integrity/Style
Distinctive stylistic features, such as a line of columns, piers,
spandrels, or other primary structural elements, or examples of skilled
craftsmanship which characterize a building, shall be maintained or
restored as far as is practicable.
9.
Replacement or Additional Materials
Whenever possible, deteriorated architectural features shall
be repaired rather than replaced. In the event replacement of an existing
feature is necessary, or an addition is proposed, new materials should
match those of the original building, to the extent possible, in composition,
design, color texture, and other visual qualities.
Nothing in this title shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature which
does not involve a change in design, material, or appearance of such
feature, or which the building official shall certify is required
for Public safety due to an unsafe or dangerous condition.
A.
Notification of Demolition Request
If an application is made for a building permit to demolish all or part of a designated cultural resource, to the extent that the historic designation is affected, the building official shall, within 7 days of the receipt of an application, transmit a copy of the application to the Commission. This review applies to all resources determined to be "significant" or "contributing" on the inventory. Resources determined to be "unrankable" shall first complete the process referred to in Subsection 19.403.4.
B.
Property Owner Action
For a period of not less than 30 days prior to the public hearing
the property owner shall do as follows:
1.
List the property for sale with a real estate agent for a period
not less than 90 days with the intent of selling or relocating the
resource intact. Such real estate agent shall advertise the property
in local and state newspapers of general circulation in the area.
This listing requirement can be reduced if the Commission approves
the demolition request;
2.
Give public notice by posting a visible "For Sale" sign on the property
which shall be in bold letters, no less than 6 in. in height, and
shall read as a minimum: HISTORIC BUILDING FOR SALE—WILL BE
DEMOLISHED UNLESS MOVED;
3.
Prepare and make available any information related to the history
and sales of the property to all individuals, organizations, and agencies
who inquire.
C.
Public Hearing Review
The Commission shall hold a public hearing within 45 days of application. The procedures shall be the same as those in Section 19.1006 Type III Review.
D.
Review Criteria and Findings
In determining the appropriateness of the demolition, as proposed
in an application for a building permit, the Commission shall consider
the following:
1.
All plans, drawings and photographs as may be submitted by the applicant;
2.
Information presented at a public hearing held concerning the proposed
work;
3.
The City Comprehensive Plan, including the economic, social, environmental
and energy consequences;
5.
The criteria used, and findings and decisions made, in the original
designation of the landmark or historic district in which the property
under consideration is located;
6.
The historical and architectural style, design, arrangement, materials,
or its appurtenant fixtures; the relationship of such features to
similar features of other buildings within the district; and the position
of the building or structure in relation to public rights-of-way and
to other buildings and structures in the area;
7.
The effects of the proposed work upon the protection, enhancement,
perpetuation, and use of the district which cause it to possess a
special character or special historic or aesthetic interest or value;
8.
Whether denial of the permit would involve substantial hardship to
the applicant, and whether issuance of the permit would act to the
substantial detriment of the public weLFare and would be contrary
to the intent and purposes of this title.
E.
Approval of Demolition Request/Appeals
The Commission may approve the demolition request after considering
the criteria under Subsection 19.403.7.D above. Action by the Commission
approving the issuance of permit for demolition may be appealed to
the City Council by any aggrieved party, by filing a notice of appeal,
in the same manner as provided in Subsection 19.403.5.F. If no appeal
is filed, the Building Official shall issue the permit in compliance
with all other codes and ordinances of the City.
F.
Denial/Stay of Demolition
1.
The Commission may reject the application for permit if it determines
that in the interest of preserving historic values, the property should
not be demolished. In that event, issuance of the permit shall be
suspended for a period not exceeding 30 days from the date of public
hearing. The Commission may invoke an extension of the suspension
period if it determines that there is a program or project under way
which could result in public or private acquisition of the landmark,
and that there is reasonable ground to believe that such program or
project may be successful. Then the Commission, at its discretion,
may extend the suspension period to 30 days, to a total of not more
than 120 days from the date of public hearing for demolition permit.
2.
If all such programs or projects are demonstrated to the Commission
to be unsuccessful, and the applicant has not withdrawn his or her
application for demolition permit, the building official shall issue
such permit, if the application otherwise complies with the codes
and ordinances of the City.
3.
Action by the Commission suspending issuance of the permit for demolition
may be Appealed to the City Council by the applicant for the permit,
by filing a notice of appeal in the same manner as provided in Subsection
19.403.5.F.
A.
Primary Uses
A resource may be used for any use which is allowed in the underlying
district, subject to the specific requirements for the use, and all
other requirements of this Section.
B.
Conditional Uses
Except within moderate density residential designations, uses identified in SubSection 19.403.8.C below which would not be allowed in the underlying zones may be allowed when such use would preserve or improve a resource which would probably not be preserved or improved otherwise, subject to the provisions of Subsection 19.403.6. Such uses may also be allowed in the moderate density residential designations if located along minor or major arterial streets, with the exception of bed and breakfast establishments, which may be located on any street. Approval of such Uses shall include conditions mitigating adverse impact of the use on neighboring properties and other requirements as per Section 19.905 Conditional Uses.
C.
The following uses may be permitted after a public hearing conducted pursuant to Section 19.1006:
1.
Art and music studios;
2.
Galleries;
3.
Offices/clinics;
4.
Craft shops;
5.
Bed and breakfast establishments;
6.
Gift shops;
7.
Museums;
8.
Catering services;
9.
Bookstores;
10.
Boutiques;
11.
Restaurants;
12.
Antique shops;
13.
Community centers for civic or cultural events;
14.
Other uses determined by the Planning Commission to be similar
to those listed above.
(Ord. 2110 § 2 (Exh. G),
2015)
The Flex Space Overlay Zone implements the Central Milwaukie
Land Use and Transportation Plan and is intended to provide flexibility
for development of an identified opportunity site within central Milwaukie
(Figure 19.404). This overlay provides targeted opportunities for
employment uses and promotes buildings that can accommodate a variety
of uses that may change over time. Uses in the Flex Space Overlay
Zone may include employment-intensive uses beyond those allowed in
the underlying GMU Zone and may change as appropriate to respond to
market conditions and developer needs.
The standards and requirements of this section apply to all
properties within the Flex Space Overlay Zone as indicated on the
Zoning Map.
The General Mixed Use Zone GMU is the base zone for properties
within the Flex Space Overlay Zone, and all requirements of the base
zone apply unless otherwise noted in this section. Where conflicts
occur between this section and other sections of the Milwaukie Municipal
Code, the standards and requirements of this section shall supersede.
 |
In addition to those uses allowed by the base zone (GMU), Table
19.404.4 lists uses that are permitted within the Flex Space Overlay
Zone.
|
Table 19.404.4
Flex Space Overlay Zone Uses
| |
|---|---|
|
Use Category
|
Status
|
|
A. Industrial Services
| |
|
Industrial services are engaged in repair and/or servicing of
industrial, business, or consumer machinery, equipment, products or
by-products; or in training or instruction of such repair or servicing.
Examples include electrical contractors, equipment rental facilities,
tool or instrument repair, and data storage facilities.
|
P
|
|
B. Manufacturing1
| |
|
Manufacturing comprises establishments engaged in the mechanical,
physical, or chemical transformation of materials, substances, or
components into new products, including the assembly of component
parts.
Examples include alternative energy development; biosciences;
food and beverage processing; software and electronics production;
printing; fabrication of metal products; products made from manufactured
glass; products made from rubber, plastic, or resin; converted paper
and cardboard products; and microchip fabrication. Manufacturing may
also include high-tech and research and development companies.
|
P
|
|
C. Trade Schools2
| |
|
Trade schools are establishments whose primary purpose is to
provide training for industrial needs and job-specific certification.
Examples include electronic equipment repair training, welding
school, training for repair of industrial machinery, and other industrial
skills training.
|
P
|
|
D. Accessory Uses
| |
|
Uses accessory to, and in conjunction with, uses permitted outright
may include the following:
Warehousing and distribution associated with a permitted manufacturing
or industrial use. Products stored at, and distributed from, the warehouse
shall be those assembled or manufactured at the facility permitted
in the overlay zone. The accessory warehouse may be located within
the associated manufacturing or industrial building or in a separate
building and shall occupy up to a maximum of 40% of the floor area
of the associated manufacturing or industrial building.
|
P
|
|
P =
|
Permitted
|
|
1.
|
Manufacturing uses shall only be conducted in an enclosed space.
The following manufacturing uses are not allowed: explosive materials,
concrete and asphalt mixing or batching, rock crushing, and aggregate
storage.
|
|
2.
|
All activities related to trade schools must be conducted inside
an enclosed building.
|
All uses listed in Table 19.404.4 above require a Type II development review approval, pursuant to Section 19.906.
The development standards of Subsection 19.303.4 apply in the Flex Space Overlay Zone, except as noted below, for any of the uses permitted in Table 19.404.4.
A.
The minimum floor area ratio is 0.3:1
B.
There is no minimum street frontage requirement.
C.
The building height bonus in Subsection 19.303.4.B is available.
D.
The frontage occupancy requirement in Subsection 19.303.4.D only
applies along 32nd Ave.
E.
The maximum front yard setback is 50 ft. The setback area must be
landscaped, except where used for parking as allowed in 19.404.6.F.
F.
Parking may be located within the front yard setback, except when
adjacent to 32nd Ave.
G.
All new buildings shall have at least 1 primary entrance facing the
front of the property or, where a property does not front on a public
street, the entrance shall face the primary access drive that serves
the building.
H.
Flex Space Overlay Zone properties that abut a residential zone shall
provide an 8-ft-wide landscaped buffer along the residential property
line.
I.
Pedestrian and bicycle accessways into and through the site shall
be separated from vehicle accessways by curbed landscaping, and/or
planters, and/or similar physical separation.
The design standards in Subsection 19.505.7 Nonresidential Development apply to all new mixed-use and nonresidential development in the Flex Space Overlay Zone. The design standards apply in all locations, even those where the development is not adjacent to a public street.
In order to ensure compatibility between manufacturing and nonmanufacturing
uses, the following off-site impact standards apply:
A.
Applicability
The off-site impact standards in this subsection apply to all
new machinery, equipment, and facilities associated with manufacturing
uses. Machinery, equipment, or facilities that were at the site and
in compliance with existing regulations as of February 13, 2016, the
effective date of Ordinance 2110, are not subject to these offsite
impact standards.
C.
Vibration
Continuous, frequent, or repetitive vibrations that exceed 0.002g
peak are prohibited. Generally, this means that a person of normal
sensitivities should not be able to feel any vibrations.
D.
Odor
Continuous, frequent, or repetitive odors are prohibited. The
odor threshold is the point at which an odor may just be detected.
An odor detected for less than 15 minutes per day is exempt.
E.
Illumination
Machinery, equipment, and facilities may not directly or indirectly
cause illumination on other properties in excess of 0.5 footcandles
of light.
F.
Measurements
Measurements for compliance with these standards may be made
from the property line or within the property of the affected site.
Measurements may be made at ground level or at habitable levels of
buildings.
G.
Documentation
An applicant must provide documentation certified by a registered
engineer or architect, as appropriate, to ensure that the proposed
activity can achieve compliance with these standards.
(Ord. 2025 § 2, 2011; Ord. 2112 § 2 (Exh. B), 2015)
The purpose of the L-F Zone is to minimize hazards related to
aircraft landing facilities. Special height limitations or other restrictions
in addition to those already embodied in this chapter may be necessary
in order to prevent the establishment of obstructions to the air space
required by aircraft in landing and taking off from airports, helicopter
pads or other landing fields. Furthermore, establishment of any new
aircraft landing facility should be undertaken only after an evaluation
has been made of its effects on the safety, welfare, and property
values of owners or occupants of nearby property. The L-F Zone is
a superimposed zone applied in combination with existing regular zones.
In an L-F Zone an airport, helicopter, or other aircraft landing
facility and a use or conditional use permitted in accordance with
the provisions of the preestablished regular zone shall be permitted
only as provided below:
A.
The height of any structure or part of structure, such as chimney,
tower, antenna, etc., shall be limited according to requirements established
by the Planning Commission or by other appropriate authorities.
B.
In approach zones to airports or other aircraft landing facilities,
as designated by the Planning Commission or other appropriate authorities,
no meeting place which is designed to accommodate more than 25 persons
at one time shall be permitted.
C.
The size of the property upon which the airport or landing facility
is proposed shall be sufficient to permit the safe operation of aircraft,
to allow adequate space for all associated facilities, and to protect
adjacent property from the impact of aircraft operation and associated
activity.
D.
Prior to a decision on the establishment of an L-F Zone, the Planning
Commission shall request a report and recommendation from the Oregon
State Board of Aeronautics as to the suitability of the particular
property for airport purposes and as to other conditions which might
be necessary to safeguard the safety and general welfare of the public.
The following procedures shall govern the application of L-F
Zones:
A.
An L-F Zone may be established, altered, or abolished subject to the provisions of Section 19.902.
B.
An L-F Zone may be established in combination with other regular
zones. An area approved as an L-F Zone shall be identified on the
Zoning Map or map amendments with the letters "L-F" in addition to
the abbreviated designation of the existing zoning.
