On the agenda: Estacada Packet — Data Center (Sep 30)

AGENDA

ESTACADA PLANNING COMMISSION
WEDNESDAY SEPTEMBER 30, 2026 11AM
ESTACADA CITY HALL, COUNCIL CHAMBERS
475 SE MAIN STREET, ESTACADA, OREGON
IN-PERSON & VIRTUAL MEETING
https://us02web.zoom.us/j/85992436033
1.

CALL TO ORDER

2.

ROLL CALL

3.

APPROVAL OF AUGUST 19, 2026 MEETING MINUTES

4.

COMMISSION BUSINESS
City Updates

5.

PUBLIC HEARINGS
A. ORDINANCE 2026-012: ESTACADA DEVELOPMENT CODE UPDATE PHASE 2
The City of Estacada is proposing amendments to several sections of Title 16 Development of the
Estacada Municipal Code (EMC), and to two chapters of the Estacada Comprehensive Plan. The
amendments are intended to streamline the development code, comply with recently adopted
state mandates, respond to code issues identified by staff and decisionmakers, and include minor
policy-level updates to EMC Title 16 and the Comprehensive Plan. This proposal is subject to the
applicable criteria for development code amendments established in the Oregon Statewide
Planning Goals, EMC 16.128, and applicable goals and policies of the Estacada Comprehensive Plan.
The Planning Commission will forward a recommendation to the City Council who will hold a public
hearing on Monday, October 12th at 6:00pm in the Council Chambers at Estacada City Hall.

6.

PUBLIC COMMENT

7.

COMMISSION COMMENTS

8.

ADJOURNMENT

Minutes Template for Planning Commission
8/19/2026
Date: ________________
11:00am
Call to Order Time: ____________________

Moran, Wilson, Turpin
Staff Members Present: ____________________________________________________

Perkins, Carpenter, Stahl, Eixenberger, Fogt, Spens
Commissioners Present: ___________________________________________________
________________________________________________________________________

Wheeler
Commissioners Absent: ___________________________________________________
_______________________________________________________________________
Approval of Prior Meeting Minutes:
Carpenter
Motion By: _________________________________

Eixenberger
Second By: ____________________________________
All
Vote: YES __________________________
NO __________________________

✔ pass

fail

Commission Business:
Topic:
City
Updates - Assistant City Manager
_____________________________________________________________________
Topic:
_____________________________________________________________________
Motion: ______________________________________________________________
Motion By: ___________________________________
Second By: ___________________________________
Vote: YES ___________________________________
NO ____________________________________
pass

fail

Public Hearings:
2026-02-CU cont.
File Number: ________________________________

Staff Member Presenting: ________________________________
Hearing Opened: ________________________________
Hearing Closed: ________________________________
Applicant Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Motion:
Approve
2026-02-CU with conditions as presented by Staff
________________________________________________________________________
_______________________________________________________________________
________________________________________________________________________

Carpenter
Motion By: ________________________________
Spens
Second By: ___________________________________
3
Vote: YES ___________________________________

3
NO ____________________________________
pass

✔ fail

Recommendation to Council: ________________________________

2026-02-CU cont.
File Number: ________________________________
Staff Member Presenting: ________________________________
Hearing Opened: ________________________________
Hearing Closed: ________________________________
Applicant Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Motion:
Approve
2026-02-CU with conditions as presented by Staff
________________________________________________________________________
_______________________________________________________________________
________________________________________________________________________
Carpenter
Motion By: ________________________________

Spens
Second By: ___________________________________
3
Vote: YES ___________________________________
3
NO ____________________________________

pass

✔ fail

Recommendation to Council: ________________________________

2026-02-CU cont.
File Number: ________________________________
Staff Member Presenting: ________________________________
Hearing Opened: ________________________________
Hearing Closed: ________________________________
Applicant Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Motion:
Continue
the hearing to September 30 in order for Staff to obtain additional information
________________________________________________________________________
from the City engineer, specifically a construction cost estimate for a turn lane and
_______________________________________________________________________

traffic analysis on a turn lane or pull around
________________________________________________________________________
Fogt
Motion By: ________________________________

Eixenberger
Second By: ___________________________________
4
Vote: YES ___________________________________
2
NO ____________________________________
✔ pass

fail

Recommendation to Council: ________________________________

2026-02-CU cont.
File Number: ________________________________
Staff Member Presenting: ________________________________
Hearing Opened: ________________________________
Hearing Closed: ________________________________
Applicant Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Public Comment:
_____________________________________________________________________
Motion:
Recommend
denial of Ord2026-010 to wait for the results of the ballot measure
________________________________________________________________________
regarding marijuana prohibition
_______________________________________________________________________

________________________________________________________________________
Fogt
Motion By: ________________________________

Eixenberger
Second By: ___________________________________
5
Vote: YES ___________________________________
1 obstain
NO ____________________________________
✔ pass

fail

9/14/2026
Recommendation to Council: ________________________________

Public Comments:
Name/Topic:
_____________________________________________________________________
Name/Topic:
_____________________________________________________________________
Name/Topic:
_____________________________________________________________________
Name/Topic:
_____________________________________________________________________
Commission Comments:
Topic:
Briefly discussed items for their next meeting
_____________________________________________________________________
Topic:
_____________________________________________________________________
Next Meeting Date: 9/30/2026
______________________
Time of Adjournment: 1:14pm
_____________________

PROJECT NAME: Estacada Development Code Update Project Phase 2
FILE NO: Ordinance 2026-012
STAFF REPORT DATE: September 21, 2026
PLANNING COMMISSION HEARING DATE: September 30, 2026
CITY COUNCIL HEARING DATE: October 12, 2026

STAFF REPORT AND RECOMMENDATION
TO THE PLANNING COMMISSION
GENERAL INFORMATION
Proposal:
The City of Estacada is proposing amendments to 37 chapters of Title 16 Development of the
Estacada Municipal Code (EMC), the creation of 5 new Title 16 chapters, and amendments to 2
Comprehensive Plan chapters, relating to implementation of state-mandated standards,
administrative and organizational improvements, and rectification of code issues identified by City
Staff and decisionmakers. This proposal is subject to the applicable criteria for development code
and comprehensive plan amendments established in the Oregon Statewide Planning Goals, EMC
16.128, and applicable goals and policies of the Estacada Comprehensive Plan.
Affected EMC Title 16 Chapters:
•
•
•
•
•
•
•
•
•
•
•
•

16.08 Definitions
16.12 Establishment Of Zones
16.16 Low Density Residential (R-1)
16.20 Medium Density Residential (R-2)
16.24 Multiple Family Residential (R-3)
16.25 North City Residential (NCR)
16.26 Downtown (D)
16.28 General Commercial (C-1)
16.32 Residential Commercial (C-2)
16.33 Mill Area Mixed Use (MMU)
16.34 Riverfront Commercial (R-C)
16.35 Highway Commercial (H-C)

•
•
•
•
•
•
•
•
•
•
•

16.37 Central Mixed-Use (CMU)
16.38 Outdoor Commercial (O-C)
16.39 Light Industrial (M-1)
16.42 Airport (A-P)
16.44 Open Space/Public Utilities (O-S)
16.48 Historic Resources (H-R)
16.52 Planned Development (P-D)
16.54 Airport Safety And Compatibility
Overlay Zone
16.60 Supplementary Regulations
16.61 Accessory Dwelling Units
16.65 Controlled Substances
Ord. 2026-012
Staff Report & Recommendation
Page 1 of 19

•
•
•
•
•
•
•

16.66 Food Carts
16.68 Natural Hazard Areas
16.74 Concurrency
16.75 Pedestrian Access, Connectivity, And
Transit Stops
16.76 Off-Street Parking, Bicycle Parking
And Loading Requirements
16.80 Temporary Uses
16.84 Nonconforming Uses

•
•
•
•
•
•
•

16.96 Manufactured Dwelling And
Recreational Vehicle Parks
16.108 Tentative Plans
16.112 Final Plans
16.116 Design Standards And
Improvements
16.120 Partitions
16.124 Annexations
16.132 Administration

Proposed New EMC Title 16 Chapters:
•
•
•
•
•

16.77 Landscaping
16.82 Accessory Structures And Uses
16.90 Modifications To Approved Plans And Conditions
16.106 Middle Housing Land Divisions
16.134 Residential Development Application Procedures

Affected Estacada Comprehensive Plan Chapters:
•
•

Chapter 7 Economic Development
Chapter 12 Urbanization

RECOMMENDATION: APPROVAL

PART I: BACKGROUND & SUMMARY
The Estacada City Council identified a comprehensive update to the Estacada Municipal Code Title
16, i.e., the Development Code, as one of its goals for 2025 (see Exhibit 4). In January 2025, Staff
drafted an RFP for the purpose of procuring a contract planning firm to assist with the
Development Code Update Project. Per the RFP, “the goal of this project is to create an
accessible and easy-to-understand [Development Code] that presents information in a logical,
easily digestible, segmented fashion, reduces informational clutter and limits cross-referencing,
meets all legal requirements of the State of Oregon, and supports the vision and goals of the
Estacada Comprehensive Plan.” In March 2025, Winterbrook Planning (hereafter “the
Consultant”) was awarded the contract to draft a Code Audit Diagnostic Report (CADR, Exhibit 5),
which was completed and submitted to the City in June 2025.
The CADR provides a comprehensive evaluation of the Development Code, focusing on
compliance with state laws, clarity and objectivity for approvals of residential development,
Ord. 2026-012
Staff Report & Recommendation
Page 2 of 19

administrative efficiency, and policy alignment with community goals. Code issues were
categorized into four key areas:
• “Clear and objective” standards
• Required by law
• Policy considerations
• Administrative and code organization
In the report, the Consultant recommended tackling code amendments in distinct stages: Phase I,
Phase II, and a Future Phase (or Phases). Phase I of the Development Code Update Project, which
culminated in the January 2026 adoption of Ord. 2025-013, included the following updates to EMC
Title 16:
• State-mandated, legally-required code updates, including “clear and objective” standards
for residential development;
• Revisions to improve the clarity, legibility, and consistency of standards and processes;
• Updates to conform with technological advances;
• Removal of redundant standards; and
• Resolution of conflicting standards.
In December 2025, the Consultant was again selected to partner with the City for work on the
Development Code Update Project, this time to complete Phase II. The City was awarded a
Department of Land Conservation and Development (DLCD) technical assistance grant to help
fund the work. This phase was intended to continue the work begun in Phase I, namely, to draft
updates to streamline the Development Code, comply with state law, and respond to code issues
identified by City Staff and decisionmakers. Summaries of the draft code updates are presented in
Exhibit 2, which identifies 43 topics and summarizes the issue and the proposed code change.
Full redline versions of the code changes are presented in Exhibit 1. Many changes require
straightforward updates to the code to comply with state requirements or streamline code
language or organization, while others require policy input and direction from the Planning
Commission and City Council. In June 2026, Staff and the Consultant hosted a joint work session
(JWS) with the Planning Commission and City Council, to gather feedback and receive policy
direction for the draft amendments comprising Phase II (see JWS Memo, Exhibit 3). Staff and the
Consultant integrated the feedback from the JWS into the final draft code amendments.
Ordinance 2026-012 (Exhibit 1) comprises the Phase II draft code amendments of the
Development Code Update Project.

PART II: REVIEW OF CHAPTER 16.128
EMC 16.128 lists the criteria that must be met for a proposed Title 16 (Development Code)
amendment to be approved. Below are Staff’s findings related to those criteria.
EMC 16.128.010 Authorization to initiate amendments: The purpose of this chapter and Chapter
16.132 is to describe general requirements and criteria to be considered in reviewing an application for
Ord. 2026-012
Staff Report & Recommendation
Page 3 of 19

an amendment to the provisions of this title. An amendment may be made to the text of the code or to
the zoning maps in either a legislative or quasi-judicial manner as follows: (A) Legislative amendments
may be initiated only by the planning commission or city council.
The proposed amendments were drafted at the request of the Estacada City Council. Staff is
recommending that the Planning Commission support the draft legislative text amendments
comprising Exhibit 1.
This procedural criterion is met.

EMC 16.128.020: Amendment procedure: Proceedings initiated by the city council shall be by
resolution and shall be referred first to the planning commission. The commission shall make a
recommendation to the council upon completion of a public hearing. The planning commission and city
council shall adopt findings to establish that the legislative amendment will not conflict with other
provisions of the development code or with the comprehensive plan. A legislative amendment may be
made by the city council after recommendation by the planning commission and after a public hearing
held pursuant to EMC 16.132.020 through EMC 16.132.090.
This proposal will be considered by the Planning Commission at a public hearing on September
30, 2026. In this report, Staff makes findings that the proposed amendments would conform to
provisions of EMC 16.128, Oregon Statewide Planning Goals, and the Estacada Comprehensive
Plan.
This criterion will be met.

EMC 16.128.030: Findings: Findings made by the decision-making body supporting or justifying any
action authorized pursuant to this code shall be made in writing and shall be provided to the applicant.
Findings shall be made which are consistent and in conformance with the applicable regulations of this
code and the comprehensive plan.
Written findings will be made by the Planning Commission justifying their recommendation,
based on the approval criteria, for approval, approval with changes, or denial of this proposal.
Similarly, a decision by the City Council supporting or justifying the proposed legislative text
amendments will be provided to ensure consistency and conformance, and to create a record
demonstrating that the applicable approval criteria of the Oregon Statewide Planning Goals,
Estacada Comprehensive Plan, and EMC Title 16 are satisfied.
This criterion will be met.

EMC 16.128.040: Limitation: No application of a property owner for an amendment to the text of this
title or to the zone map shall be considered by the planning commission within a one-year period
immediately following a previous denial of a request or substantially similar request, except the
planning commission may permit a new application, if in the opinion of the planning commission, new
evidence or a change of circumstances warrant it.

Ord. 2026-012
Staff Report & Recommendation
Page 4 of 19

The proposed amendments to EMC Title 16 were requested by the Estacada City Council, who
then directed Staff to draft the amendments. No similar set of amendments has been considered
or denied by the Planning Commission within the last year.
This criterion is not applicable.

PART III: REVIEW OF STATEWIDE PLANNING GOALS
In Part III of this report, Staff makes findings as to the proposed ordinance’s consistency with
Oregon’s Statewide Planning Goals.
Goal 1 – Citizen Involvement: To develop a citizen involvement program that insures the opportunity
for citizens to be involved in all phases of the planning process.
Statewide Planning Goal 1 requires cities to ensure the opportunity for community members to be
involved in all phases of planning processes, and requires cities to draft a comprehensive citizen
involvement program. The Estacada Comprehensive Plan and EMC Title 16 – Development Code
each contain adopted and acknowledged procedures for ensuring citizen involvement. The City is
following the required public hearings noticing procedure for this legislative land use decision,
whose first public hearing with the Planning Commission is scheduled on September 30, 2026
with a second public hearing with the City Council scheduled on October 12, 2026.
Ord. 2026-012 directly supports the key City Council goal of creating an accessible and easy-tounderstand Development Code that presents information in a logically organized fashion, reduces
informational clutter and limits cross-referencing, meets new state legal requirements, and
forwards the vision and goals of the Estacada Comprehensive Plan. An updated, clearer, more
consistent, and therefore more readable and comprehensible Development Code will increase
opportunities for citizens to involve and empower themselves in all phases of the planning and
development process, thereby supporting Statewide Planning Goal 1.
This proposal is consistent with Statewide Planning Goal 1.

Goal 2 - Land Use Planning: To establish a land use planning process and policy framework as a
basis for all decision and actions related to use of land and to assure an adequate factual base for such
decisions and actions.
Statewide Planning Goal 2 requires that each local government in Oregon have and follow a
comprehensive land use plan and implementing regulations. Toward this end, the City has
adopted a comprehensive land use plan and implementing regulations. Estacada has built its
comprehensive plan on a factual base, and follows this plan when making decisions on
appropriate zoning. Two comprehensive plan amendments (see Exhibit 2, Code Items #6 and #34)
are proposed to ensure consistency between the development code and comprehensive plan.
Moreover, the City has coordinated the creation of the proposed ordinance with DLCD, to the
extent possible.
Ord. 2026-012
Staff Report & Recommendation
Page 5 of 19

This proposal is consistent with Statewide Planning Goal 2.

Goal 3 - Agricultural Lands: To preserve and maintain agricultural lands.
Statewide Planning Goal 3 protects farmland for continued production of food and fiber. Pursuant
to definitions under Goal 3, agricultural land does not include land within acknowledged urban
growth boundaries. In fact, Ord. 2026-012 only affects lands within Estacada's urban growth
boundary- and, more narrowly, within Estacada city limits. Therefore, Staff finds that agricultural
lands are not affected by this proposal. Moreover, Ord. 2026-012 does not implement policy that
would specifically affect agricultural uses within the City.
This proposal does not apply to Statewide Planning Goal 3.

Goal 4 - Forest Lands: To conserve forest lands by maintaining the forest land base and to protect
the state's forest economy by making possible economically efficient forest practices that assure the
continuous growing and harvesting of forest tree species as the leading use on forest land consistent
with sound management of soil, air, water, and fish and wildlife resources and to provide for
recreational opportunities and agriculture.
Statewide Planning Goal 4 aims to protect Oregon’s working forest land, and to preserve it for
commercial forestry, while recognizing its value for fish and wildlife habitat, recreation, and
protection of air and water quality. Staff finds that the proposed amendments to the text of the
Development Code only affect lands within Estacada's urban growth boundary, lands which have
already been separated from protected forest lands and planned for urban development.
Moreover, Ord. 2026-012 would not affect the growing or harvesting of forest tree species or
resource lands designated for protection of forests.
This proposal does not apply to Statewide Planning Goal 4.

Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces: To protect natural
resources and conserve scenic and historic areas and open spaces.
Statewide Planning Goal 5 establishes a process for more than a dozen natural and cultural
resources in Oregon, such as wildlife habitats and wetlands, to be inventoried, evaluated, and
protected. Staff finds that Ord. 2026-012 would not affect efforts to protect natural resources or
conserve scenic and historic areas and open spaces within Estacada.
This proposal does not apply to Statewide Planning Goal 5.

Goal 6 - Air, Water and Land Resources Quality: To maintain and improve the quality of the air,
water and land resources of the state.
Statewide Planning Goal 6 instructs local governments to consider protection of air, water and
land resources from pollution and pollutants when developing comprehensive plans. The City of
Ord. 2026-012
Staff Report & Recommendation
Page 6 of 19

Estacada has adopted sewer, water, and storm drainage master plans intended to protect the
water and land resources in the City.
Ord. 2026-012 proposes the creation of a new chapter, EMC 16.77 Landscaping (Item #37), and
new street tree standards (Item #43). The standards of this new chapter and section are intended
to:

•

Protect public health, safety, and welfare by reducing development impacts (e.g., glare,
noise, and visual impacts) on adjacent uses;
Minimize erosion;

•
•
•

Slow the rate of surface water runoff, thereby reducing infrastructure costs;
Cool buildings and parking lots in summer months with shade;
Provide guidance for the installation of trees in landscape strips along rights-of-way; and

•

Generally enhance the City’s appearance.

•

By supporting efforts to maintain and improve the quality of Oregon’s water and land resources,
Staff finds that Ord. 2026-012 supports Statewide Planning Goal 6.
This proposal is consistent with Statewide Planning Goal 6.

Goal 7 - Areas Subject to Natural Hazards: To protect people and property from natural hazards.
Statewide Planning Goal 7 directs local jurisdictions to draft comprehensive plans to address
Oregon’s natural hazards. Ord. 2026-012 would add updated geological analysis requirements for
new development in all zones of the City. The ordinance also includes a revamp of EMC 16.88
Natural Hazard Areas (Item #17), which would clarify that chapter’s language and update its
standards to meet state “clear and objective” requirements for residential development. By
enhancing the City’s ability to protect people and property from natural hazards, Staff finds that
Ord. 2026-012 supports Statewide Planning Goal 7.
This proposal is consistent with Statewide Planning Goal 7.

Goal 8 - Recreational Needs: To satisfy the recreational needs of the citizens of the state and
visitors and, where appropriate, to provide for the siting of necessary recreational facilities including
destination resorts.
Statewide Planning Goal 8 requires the City to plan for the recreational needs of Estacada’s
residents and visitors, and to facilitate the siting of recreational facilities. Staff finds that Ord.
2026-012 would not affect recreational planning efforts or the siting of recreational facilities
within the City.
This proposal does not apply to Statewide Planning Goal 8.

Goal 9 - Economic Development: To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens.
Ord. 2026-012
Staff Report & Recommendation
Page 7 of 19

Statewide Planning Goal 9 calls for diversification and improvement of the economy, and asks
communities to inventory commercial and industrial lands, project future needs for such lands,
and plan and zone enough land to meet those needs.
The code amendment package includes a proposed change (Item #36) to allow Data Centers as a
conditional use in the Light Industrial (M-1) zone, instead of a use permitted outright, as it was at
the time of this report. Proposed code language would also add standards related to
infrastructure and public utility capacity. These standards codify limits to Estacada’s
infrastructure and require that adequate electrical, water, sanitary sewer, and storm drainage
facilities are available to serve a proposed data center.
By ensuring the sustainability of economic activities vital to the health, welfare, and prosperity of
Oregon residents, Staff finds that Ord. 2026-012 supports the aims of Statewide Planning Goal 9.
This proposal is consistent with Statewide Planning Goal 9.

Goal 10 - Housing: To provide for the housing needs of citizens of the state.
Statewide Planning Goal 10 specifies that cities must plan for and accommodate needed housing
types, such as multifamily and manufactured housing. It requires each city to inventory its
buildable residential lands, project future needs for such lands, and plan and zone enough
buildable land to meet those needs. It also prohibits local plans from discriminating against
needed housing types.
A major priority of Estacada’s Development Code Update Project is to fulfill housing-related
statutory obligations, including the implementation of Statewide Planning Goal 10 and related
provisions. The amendments comprising Ord. 2026-012 aim to facilitate the provision of a wider
range of housing choices, including more affordable middle-housing units, and to amend EMC
Title 16 to comply with the following statutory obligations:
 ORS 197A.420, to update and clarify allowances and standards for middle housing;
 ORS 197A.400, to meet “clear and objective” standard requirements for residential
development;
 ORS 197A.425, pertaining to accessory dwelling units;
 ORS 197.475, related to manufactured/prefabricated housing; and
 ORS 92.031, to create a local process for middle housing land divisions.
Ord. 2026-012 proposes code amendments that would support the above statutory provisions, as
described below.
Middle housing allowances and standards
•

Single-room occupancies (SROs) are added to allowed uses in residential and mixed-use
zones (Item #29).

•

Comprehensive standards for cottage cluster development are adopted by reference (Item
#42) from the Housing Model Code for Medium Cities (OAR 660-008-0410).

Ord. 2026-012
Staff Report & Recommendation
Page 8 of 19

“Clear and objective” statutory requirements
The following EMC chapters have been amended to remove subjective language and standards,
and replaced with “clear and objective” criteria:
•

16.08 Definitions (Items #5 and #6)

•
•

16.16 Low Density Residential (R-1) (Item #21)
16.20 Medium Density Residential (R-2) (Item #18)

•
•

16.24 Multiple Family Residential (R-3) (Item #18)
16.25 North City Residential (NCR)

•

16.26 Downtown (D) (Items #14 and #19)

•

16.28 General Commercial (C-1) (Item #18)

•
•

16.32 Residential Commercial (C-2) (Item #18)
16.33 Mill Area Mixed Use (MMU) (Item #20)

•

16.37 Central Mixed-Use (CMU) (Item #9)

•
•

16.61 Accessory Dwelling Units (Item #12)
16.68 Natural Hazard Areas (Item #17)

•
•
•

16.75 Pedestrian Access, Connectivity, And Transit Stops (Item #22)
16.76 Off-Street Parking, Bicycle Parking, And Loading Requirements (Items #2 and #13)
16.116 Design Standards And Improvements (Item #15)

•

16.120 Partitions (Item #32)

Accessory dwelling units
•

Ord. 2026-012 clarifies accessory dwelling unit (ADU) development standards under EMC
16.61 (Item #12).

Manufactured/prefabricated housing
•

Ord. 2026-012 updates definitions and standards throughout Title 16 relating to
manufactured and prefabricated housing (Item #27).

Middle housing land divisions
•

Ord. 2026-012 proposes the creation of a new chapter (EMC 16.106 Middle Housing Land
Divisions) which would create a local procedure for processing middle housing land
division (MHLD) applications (Item #24).

General housing-related code updates
Additionally, Ord. 2026-012 would:
•
•
•
•

Clarify residential density standards under EMC 16.60.060-.070 (Item #7).
Create a new chapter regulating land use approval modifications: EMC 16.90 Modifications
To Approved Plans And Conditions (Item #10).
Replace outdated language pertaining to residential development in Comprehensive Plan
chapters 7, 9 and 12 (Item #6).
Update land division (partition and subdivision) application requirements under EMC
Division IV to comport with new state law (Items #15 and #32).

Ord. 2026-012
Staff Report & Recommendation
Page 9 of 19

•

Create a new chapter specifically outlining the procedure for processing residential land
division applications: EMC 16.134 Residential Development Application Procedures (Item
#32).

By fulfilling the housing-related statutory obligations listed above, and incorporating other code
amendments that would support the production of needed middle housing types, Staff finds that
Ord. 2026-012 supports Statewide Planning Goal 10.
This proposal is consistent with Statewide Planning Goal 10.

Goal 11 - Public Facilities and Services: To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural development.
Statewide Planning Goal 11 requires cities to adopt plans and land use regulations for the timely,
orderly, and efficient arrangement of public facilities and services to serve the City's existing and
projected developments.
Several code items (#11, #15,# 38) seek to clarify applicability of public facilities or building code
standards, but will not affect development or arrangement of public facilities or services.
Ord. 2026-012 includes a proposed change (Item #36) to allow Data Centers as a conditional use
in the Light Industrial (M-1) zone, instead of a use permitted outright, as it was at the time of this
report. Proposed code language adds standards related to infrastructure and public utility
capacity. These standards codify limits to Estacada’s infrastructure and require that adequate
electrical, water, sanitary sewer, and storm drainage facilities are available to serve a proposed
data center.
By improving Estacada’s standards for providing timely, orderly and efficient public facilities and
services, Staff finds that Ord. 2026-012 supports the aims of Statewide Planning Goal 11.
This proposal is consistent with Statewide Planning Goal 11.

Goal 12 - Transportation: To provide and encourage a safe, convenient and economic transportation
system.
Statewide Planning Goal 12 requires cities to create a transportation system plan that takes into
account all relevant modes of transportation: mass transit, air, water, rail, highway, bicycle and
pedestrian. Ord. 2026-012 includes amendments that would:
• Update EMC 16.116 Design Standards And Improvements to clarify street and street
access design standards in subdivisions, partitions, and development proposing new or
modified vehicle access to public or private roadways (Item #10);
• Add, by reference to EMC 16.116.010(D), standards regulating vehicle access and
circulation to all applicable zoning district code chapters under EMC Division II (Item #10);
• Amend EMC 16.74.040 to set a 24-month upper age limit for turning movement counts
data used in a traffic impact study (TIS, Item #40); and
• Exempt middle-housing developments of fewer than 12 units from TIS requirements, to
comply with recent changes to state law (Item #40).
Ord. 2026-012
Staff Report & Recommendation
Page 10 of 19

By enhancing the City’s ability to provide a safe, convenient, and efficient transportation system,
Staff finds that Ord. 2026-012 supports Statewide Planning Goal 12.
This proposal is consistent with Statewide Planning Goal 12.

Goal 13 - Energy Conservation: To conserve energy.
Statewide Planning Goal 13 mandates the efficient management of land uses in order to maximize
the conservation of all forms of energy. Staff finds that Ord. 2026-012 will not directly or indirectly
affect identified energy sites or resources.
This proposal does not apply to Statewide Planning Goal 13.

Goal 14 - Urbanization: To provide for an orderly and efficient transition from rural to urban land use,
to accommodate urban population and urban employment inside urban growth boundaries, to ensure
efficient use of land, and to provide for livable communities.
Statewide Planning Goal 14 requires cities to estimate future growth and needs for land and then
plan and zone enough land to meet those needs. It calls for each city to establish an urban growth
boundary (UGB) to identify and separate urbanizable land from rural land. It specifies seven
factors that must be considered in drawing up a UGB, and lists four criteria to be applied when
undeveloped land within a UGB is to be converted to urban uses.
Ord. 2026-012 would revise EMC 16.124 Annexations to conform to state law regulating
annexation applications. By updating the criteria governing the annexation of land into Estacada
city limits, Staff finds that this ordinance supports Statewide Planning Goal 14.
This proposal is consistent with Statewide Planning Goal 14.

Goal 15 - Willamette River Greenway, Goal 16 - Estuarine Resources, Goal 17 - Coastal
Shorelands, Goal 18 - Beaches and Dunes, and Goal 19 - Ocean Resources are not applicable
to the City of Estacada.

PART IV: REVIEW OF THE
ESTACADA COMPREHENSIVE PLAN
In Part IV, Staff makes findings as to the ordinance’s consistency with Estacada Comprehensive
Plan goals and policies.
Chapter 1. Citizen Involvement: The purpose of this chapter is to ensure an opportunity for
citizens residing in Estacada and the planning area to be involved in all phases of the planning
process.
Ord. 2026-012
Staff Report & Recommendation
Page 11 of 19

Notice of the Planning Commission public hearing was published in the local newspaper,
consistent with EMC 16.132.020. The City will hold properly noticed public hearings before both
the Planning Commission and City Council on this proposal.
Ord. 2026-012 directly supports the key City Council goal of creating an accessible and easy-tounderstand Development Code that presents information in a logically organized fashion, reduces
informational clutter and limits cross-referencing, meets new state legal requirements, and
forwards the vision and goals of the Estacada Comprehensive Plan. An updated, clearer, more
consistent, and therefore more readable and comprehensible Development Code will increase
opportunities for Estacada residents to involve and empower themselves in all phases of the
planning and development process, thereby supporting Comprehensive Plan Chapter 1.
This proposal is consistent with Chapter 1 of the Comprehensive Plan.
Chapter 2. Agency Coordination: This chapter requires a draft copy of the Comprehensive Plan
to be sent to specific local agencies and organizations for review and comment before the Plan is
submitted to LCDC for acknowledgement.
Estacada’s Comprehensive Plan has been acknowledged by the Land Conservation and
Development Commission (LCDC). Ord. 2026-012 would make minor, non-policy revisions to the
text of Comprehensive Plan chapters 7, 9 and 12, to update terminology related to housing. The
Department of Land Conservation and Development (DLCD) received notice of these proposed
development code and Comprehensive Plan text amendments.
This proposal is consistent with Chapter 2 of the Comprehensive Plan.

Chapter 3. Agricultural Lands: The purpose of this chapter is to preserve and maintain
agricultural lands.
This chapter addresses the conversion of agricultural land outside of city limits, within city limits,
and adjacent to the urban growth boundary (UGB). Ord. 2026-012 will not affect the preservation
or maintenance of agricultural lands.
There are no goals or policies under Chapter 3 that apply to this proposal.

Chapter 4. Forest Lands: The purpose of this chapter is to preserve and maintain forest lands.
This chapter encourages protection of forest lands, watershed, and habitat. This ordinance will
not affect the preservation and maintenance of forest lands, watershed, or habitat.
There are no goals or policies under Chapter 4 that apply to this proposal.

Chapter 5. Natural, Cultural, and Recreational Resources and Open Spaces: The purpose of
this chapter is to 1) conserve open space and protect natural and cultural resources; and 2)
satisfy the recreational needs of residents of Estacada and Oregon state, and visitors.
Ord. 2026-012
Staff Report & Recommendation
Page 12 of 19

Chapter 5 requires the City to plan for the recreational and cultural needs of Estacada’s residents
and visitors, and to protect and conserve open space within city boundaries. Ord. 2026-012 does
not include amendments that would affect the conservation of open space, protection of natural
and cultural resources, or the provision of recreational amenities for Estacada’s residents and
visitors.
There are no goals or policies under Chapter 5 that apply to this proposal.

Chapter 6. Environmental Quality and Land Use Hazards: The purpose of this chapter is to 1)
maintain and improve the quality of the area's air, water, and land resources and 2) protect life
and property from natural disasters and hazards.
Chapter 6 directs the City to preserve and enhance the quality of the area’s environmental quality,
while mitigating risks of potential hazards and disasters. Ord. 2026-012 includes amendments
that would support these goals, as described below.
This ordinance proposes the creation of a new chapter, EMC 16.77 Landscaping. The standards of
this new chapter are intended to:

•
•

Protect public health, safety, and welfare by reducing development impacts (e.g., glare,
noise, and visual impacts) on adjacent uses;
Minimize erosion;
Slow the rate of surface water runoff;

•
•

Cool buildings and parking lots in summer months with shade;
Provide guidance for the installation of trees in landscape strips along rights-of-way; and

•

Generally enhance the City’s appearance.

•

The new landscaping and street tree requirements directly support Chapter 6 Goal 1, which aims
to Maintain and improve the quality of the area’s air, water, and land resources.
Regarding local natural hazards, Ord. 2026-012 would add updated geological analysis
requirements for new development in all zones of the City. The ordinance also includes a
complete renovation of EMC 16.88 Natural Hazard Areas, by clarifying that chapter’s language
and updating its standards to meet state “clear and objective” requirements for residential
development. The updated geological requirements and revision of EMC 16.88 Natural Hazard
Areas support the following Chapter 6 goal, objective, and policies:
Ch.6 Goal 2: Protect life and property from natural disasters and hazards.
Ch.6 Objective 2: Ensure that appropriate protective measures are taken to prevent potential damage
in hazard areas.
Ch.6 Policy 7: Control development in areas of natural hazard to adequately ensure the safety and
protection of life and property.
Ch.6 Policy 8: Require site-specific information from applicants seeking approval to develop known
hazard areas.
Ord. 2026-012 includes a proposed change (Item #36) to allow Data Centers as a conditional use
in the Light Industrial (M-1) zone, instead of a use permitted outright, as it was at the time of this
report. Proposed code language adds standards related to infrastructure and public utility
Ord. 2026-012
Staff Report & Recommendation
Page 13 of 19

capacity. These standards codify limits to Estacada’s infrastructure and require that adequate
electrical, water, sanitary sewer, and storm drainage facilities are available to serve a proposed
data center, and therefore support the following Chapter 6 policy:
Ch.6 Policy 6: Ensure that development will not exceed the carrying capacity of the land, water or air
resources of the area.
By supporting efforts to 1) maintain and improve the quality of the area's air, water, and land
resources and 2) protect life and property from natural disasters and hazards, Staff finds that
Ord. 2026-012 supports Comprehensive Plan Chapter 6.
This proposal is consistent with Chapter 6 of the Comprehensive Plan.

Chapter 7. Economic Development: The purpose of this chapter is to diversify and improve the
economy of Estacada.
This chapter implements Statewide Planning Goal 9: Economic Development, adopts by reference
findings of the City’s 2019 Economic Opportunity Analysis, and builds on past and existing policies
related to economic development. Ord. 2026-012 includes amendments to the Development Code
that support a number of Chapter 7 goals and policies.
General Policy 10: Provide consistent, welcoming, and accessible pedestrian, bicycle, and transit
facilities to support pedestrian-, bicycle-, and transit-oriented tourism.
Downtown (D) Policy 1: Continue the investment in Downtown a walkable, mixed-use district that
includes residential opportunities.
Amendments to EMC 16.75 and 16.76 support General Policy 10 and Downtown (D) Policy 1 by
improving code standards to better ensure appropriate access to transit facilities, provide for safe
and convenient pedestrian access and circulation throughout the City, and provide for adequate
bicycle parking facilities.
Downtown (D) Policy 6: Implement design guidelines and standards, including an exterior paint palette
that maintains the character of Downtown and its historic aesthetic, as well as regulations for signs
that requires pedestrian-scale, pedestrian-oriented signage, while prohibiting large, auto-oriented
signage.
Amendments to the Downtown Design Review standards under EMC 16.26.050 support Downtown
(D) Policy 6 by allowing the City to implement its design guidelines and standards more efficiently,
and in a manner that comports with state “clear and objective” requirements for residential
development.
Mill Area Mixed Use (MMU) Goal 1: Provide flexible opportunities to potential developers to propose
how this flat, accessible, and centrally-located area of the City should redevelop, while protecting the
interests of the community in growth that is safe, clean, and compatible with existing and planned
adjoining land uses.
Mill Area Mixed Use (MMU) Goal 3: Help meet the City’s affordable housing needs, while providing land
that can be used for a variety of institutional, commercial, and enclosed industrial uses that are not
disruptive of nearby residences.
Ord. 2026-012
Staff Report & Recommendation
Page 14 of 19

Ord. 2026-012 proposes several amendments to support efforts to meet Estacada’s housing
needs, as outlined in detail in the findings for Goal 10 in Part III of this report. These amendments
support MMU Goals 1 and 3.
Central Mixed Use (CMU) Goal 4: Develop Eagle Creek Rd as a tree-lined, pedestrian- and bicyclefriendly corridor, consistent with the City’s Active Transportation Plan.
Central Mixed Use (CMU) Policy 6: Require new development along Eagle Creek Rd to include
landscaping that includes trees with canopies providing shade to pedestrians along adjacent rights-ofway.
The landscaping and street tree requirements proposed in EMC 16.77 Landscaping directly
support CMU Goal 4 and Policy 6.
Central Mixed Use (CMU) Policy 2: Allow duplexes, cottage clusters, and multi-family dwellings
outright, subject to clear and objective design standards.
The “clear and objective” code revisions and adoption of Model Housing Code for Medium Cities
standards for cottage cluster standards proposed in Ord. 2026-012 both support CMU Policy 2.
Light Industrial (M-1) Goal 2: Ensure sufficient parking for vehicles and bicycles, and safe and efficient
access for pedestrians and those with limited mobility.
Light Industrial (M-1) Policy 1: Avoid overly restrictive development standards, while ensuring
appropriate setbacks from incorporated residential zones, sufficient off-street motor vehicle and
bicycle parking, pedestrian walkways consistent with the Active Transportation Plan, meaningful
landscaping, and the protection of sensitive environmental features.
Ord. 2026-012 proposes amendments to EMC chapters 16.75, 16.76, and 16.77 that would help
ensure the provision of adequate off-street vehicle and bicycle parking, pedestrian walkways
consistent with the Active Transportation Plan, landscaping, and the protection of sensitive
environmental features throughout the City, thereby supporting M-1 Policy 1.
Ord. 2026-012 proposes to remove the following Comprehensive Plan Chapter 7 policy:
Light Industrial (M-1) Policy 2: Limit the amount of building floor area that can be used for commercial
uses in the Northwest Industrial Sanctuary.
Because the Northwest Industrial Sanctuary has been implemented and developed, the above
policy is no longer relevant. Furthermore, removing the policy aligns with similar proposed code
amendments (e.g., Item #34).
By supporting the aforementioned goals and policies aimed at diversifying and improving
Estacada’s business environment and commercial areas, Staff finds that Ord. 2026-012 supports
Comprehensive Plan Chapter 7.
This proposal is consistent with Chapter 7 of the Comprehensive Plan.

Chapter 8. Housing: The purpose of this chapter is to provide for Estacada's current and
projected housing needs within its urban growth boundary.
Chapter 8 directs the City to facilitate the production of an adequate amount of affordable, quality
housing in safe neighborhoods with access to community services. A major priority of Estacada’s
Development Code Update Project is to fulfill housing-related statutory obligations, including the
Ord. 2026-012
Staff Report & Recommendation
Page 15 of 19

implementation of Statewide Planning Goal 10 and related provisions. The amendments
comprising Ord. 2026-012 aim to facilitate the provision of a wider range of housing choices,
including more affordable middle-housing units, and to amend EMC Title 16 to comply with the
following statutory obligations:
 ORS 197A.420, to update and clarify allowances and standards for middle housing;
 ORS 197A.400, to meet “clear and objective” standard requirements for residential
development;
 ORS 197A.425, pertaining to accessory dwelling units;
 ORS 197.475, related to manufactured/prefabricated housing; and
 ORS 92.031, to create a local process for middle housing land divisions.
Ord. 2026-012 includes code amendments that would support the above statutory provisions, as
well as several Chapter 8 policies, as described below.
Ch. 8 Policy 1: Encourage a variety of housing types and densities throughout the City, available at
various prices and rents, to meet the needs of all current and prospective Estacada residents.
Ch. 8 Policy 2: Provide the opportunity for a wider range of rental and ownership housing choices in
Estacada, including additional middle housing types (such as duplexes, triplexes, fourplexes,
commonwall dwellings, and cottage clusters), accessory dwelling units, and other alternative housing
types such as single room occupancy (SRO) development and cohousing. Require that new residential
development occur in accordance with the policies for urbanization stated in Comprehensive Plan
Chapter 12.
Ch. 8 Policy 7: Encourage the maintenance and development of manufactured dwellings and factory‐
built dwellings as lower cost, alternatives to site‐built single‐family housing.

Ch. 8 Policy 12: Encourage development of residential land within the urban growth boundary at
densities and for housing types consistent with those identified in the City’s Housing Needs Analysis.
Ord. 2026-012 proposes several code amendments that support efforts to meet Estacada’s needs
for a mix of housing types, as outlined in detail in the findings for Goal 10 in Part III of this report.
Ch. 8 Implementation item 1: The City will update its Zoning Ordinance approximately every three to six
year, or as needed, to meet housing needs identified in the Comprehensive Plan and supporting
documents. The City also shall consistently implement and enforce the Zoning Ordinance.
The comprehensive amendments to the development code (a.k.a. Zoning Ordinance) proposed by
Ord. 2026-012 directly support the City’s housing goals, as outlined in detail in the findings for
Goal 10 in Part III of this report.
By supporting the provision of housing according to current and projected needs within
Estacada’s urban growth boundary, Staff finds that Ord. 2026-012 supports Comprehensive Plan
Chapter 8.

This proposal is consistent with Chapter 8 of the Comprehensive Plan.

Chapter 9. Public Facilities and Services: The purpose of this chapter is to provide orderly and
efficient public facilities and services to adequately meet the needs of Estacada residents.
Ord. 2026-012
Staff Report & Recommendation
Page 16 of 19

This chapter requires that adequate public facilities and services such as sewer, water, storm
drainage, school facilities, etc. be provided at levels necessary and suitable for urban uses. Ord.
2026-012 includes amendments to the Development Code that support the following policy:
Ch. 9 Policy 4: The City will consider the requirements of the Americans with Disabilities Act, as well as
the needs of people with disabilities and those with limited mobility, in the design of all public
improvements, including sidewalks, curbing, parking, crossings, trails, transit shelters, connections to
transit services, and on-site circulation improvements.
Staff finds that amendments to EMC 16.75 and 16.76 support Chapter 9 Policy 4 by improving code
standards ensuring safe and convenient pedestrian access and circulation throughout the City,
and providing for adequate vehicle and bicycle parking facilities.
This proposal is consistent with Chapter 9 of the Comprehensive Plan.

Chapter 10. Transportation: The purpose of this chapter is to provide and encourage a safe,
convenient, aesthetic and economical transportation system.
Chapter 10 directs the City to provide and maintain adequate transportation facilities and
infrastructure. Estacada’s Transportation System Plan (TSP) is adopted by reference into
Comprehensive Plan Chapter 10. Ord. 2026-012 supports several TSP goals, as detailed below:
TSP Goal 1.4: Provide transportation design and connectivity standards that encourage appropriate
traffic volumes and speeds, enhance pedestrian safety, and improve emergency service response time
and evacuation routes.
Ord. 2026-012 would support TSP Goal 1.4 by:
• Clarifying pedestrian access standards, transportation facility concurrency criteria, and
vehicle and bicycle parking facility requirements;
• Updating EMC 16.116 Design Standards And Improvements to clarify street and street
access design standards in subdivisions, partitions, and development proposing new or
modified vehicle access to public or private roadways; and
• Adding, by reference to EMC 16.116.010(D), standards regulating vehicle access and
circulation to all zoning district code chapters (Item #3).
TSP Goal 3.3: Encourage transportation facility design and construction methods that reduce
environmental impacts.
The landscaping and street tree requirements proposed in EMC 16.77 Landscaping directly
support TSP Goal 3.3 (Item #43).
TSP Goal 5.1: Develop a connected network of inviting and accessible walking and biking facilities,
including off-street trails, that complements access routes to major destinations such as employment,
housing, schools, shopping, and transit.
Amendments to EMC 16.75 support TSP Goal 5.1 by improving code standards that ensure safe,
and convenient pedestrian access and circulation throughout the City, and provide for adequate
bicycle parking facilities concurrent with development (Items #3, #13 and #14).
By enhancing the City’s ability to provide a safe, convenient, and efficient transportation system,
Staff finds that Ord. 2026-012 supports Comprehensive Plan Chapter 10.
Ord. 2026-012
Staff Report & Recommendation
Page 17 of 19

This proposal is consistent with Chapter 10 of the Comprehensive Plan.

Chapter 11. Energy: The purpose of this chapter is to conserve energy resources and encourage
use of reusable energy resources.
Staff finds that Ord. 2026-012 would not affect the conservation of energy resources, nor affect
the use of renewable energy resources.
There are no goals or policies under Chapter 11 that apply to this proposal.

Chapter 12. Urbanization: The purpose of this chapter is to provide sufficient land to
accommodate 20-year projected growth and provide for the orderly development of this land.
While this ordinance does not propose any expansion or amendment of the City’s urban growth
boundary (UGB), it does support Chapter 12 Objective 3:
Ch. 12 Objective 3: Establish policies to govern conversion of rural land to urban use.
Ord. 2026-012 would revise EMC 16.124 Annexations to conform to state law regulating
annexation applications. By facilitating the orderly annexation and development of land with
Estacada’s urban growth boundary, Staff finds that this ordinance supports Objective 3
specifically, and Chapter 12 generally.
This proposal is consistent with Chapter 12 of the Comprehensive Plan.

Ord. 2026-012
Staff Report & Recommendation
Page 18 of 19

PART V: STAFF RECOMMENDATION
TO THE PLANNING COMMISSION
Staff finds that the proposed amendments to Title 16 of the Estacada Municipal Code and
Comprehensive Plan that comprise Ordinance 2026-012 (Exhibit 1) meet all relevant criteria, and
therefore recommends APPROVAL of Ordinance 2026-012.
DECISION CRITERIA
EMC 16.128
Oregon Statewide Planning Goals
Estacada Comprehensive Plan
EXHIBITS
1.
2.
3.
4.
5.

Ord. 2026-012 Draft Amendments
Draft Amendments Summary Sheet
Joint Workshop Memo & Packet 2026.06.22
2025 Estacada City Council Goals
Code Audit Diagnostic Report

NOTICED PARTIES
Oregon Department of Land Conservation and Development (DLCD)

APPROVED on September 30th, 2026

Signed this ____ day of _________, 2026

_______________________________________
Ben Wheeler, Planning Commission Chair

CITY OF ESTACADA

Planning Division / Land Use  Zoning  Development / p: 503.630.8270 / e: [email protected]
Ord. 2026-012
Staff Report & Recommendation
Page 19 of 19

Exhibit 1

ESTACADA
ORDINANCE 2026-012
NOW THEREFORE, be it ordained by the Council of the Estacada, in the State of
Oregon, as follows:

SECTION 1:
AMENDMENT “16.08.010 Definitions” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.08.010 Definitions
As used in this title, the singular includes the plural, and the masculine includes the feminine
and neuter; the word "may" is discretionary, and the word "shall" is mandatory. The following
words and phrases shall mean as follows:
"Access" means the way or means by which pedestrians and/or vehicles enter and leave
property.
"Accessory dwelling unit" ("ADU") means a secondary dwelling unit on the same lot as a
primary dwelling, and does not include a dwelling unit that comprises a cottage cluster. ADUs
are independently habitable and provide the basic requirements of shelter, heating, cooking,
and sanitation for one householdFamily. There are two (2) types of ADUs:
A. "Detached ADU" means an ADU that is detached from the primary dwelling, and
may include converted detached structures or new construction.
B. "Attached ADU" or "Accessory suite" means an ADU that is part of the primary
dwelling or attached to it by means of a common wall, floor, or ceiling. An accessory
suite may be established by the conversion of existing living space, attached garages,
basements, attics, or by new construction of an addition to the primary dwelling, or a
combination of new construction and the conversion of existing space.
"Accessory structure or use" means a structure or use incidental and subordinate to the main
use of a property and located on the same lot as the main use. Accessory use classifications and
limitations are regulated in EMC 16.82.
"Acreage, Net" "Net acreage" means the area on a site which is eligible for development. Net
acreage is calculated by subtracting undevelopable land from the total gross acreage of the site.
The following areas are deemed undevelopable for the purposes of calculating net acreage:
A. Street dedications and those areas used for private streets and common driveways;
B. Environmentally constrained lands, such as open water areas, floodplains, water
quality facilities, wetlands, natural resource areas, and tree preservations areas;
C. Land set aside in separate tracts or dedicated to a public entity for schools, parks, or
open space purposes; and
D. Topographical features with a slope equal to or greater than:
1. 25 percent within a landslide hazard area may deduct 100 percent of the
applicable area, or
2. 15 percent and within a landslide hazard area may deduct 50 percent of the

Page 1

Exhibit 1

applicable area.
"Adult foster care" means any dwelling or facility in which twenty-four (24) hour care is
provided for five or fewer adults who are not related to the provider by blood or
marriage.“Aircraft” includes airborne vehicles such as airplanes and helicopters, but not hot air
balloons or ultralights.
"Airport" means a tract of land or water that is maintained for the landing and take-off of
aircraft, for receiving and discharging passengers and cargo, and the repair, storage, or
supplying of aircraft. An airport includes all adjacent land or water used in connection with the
aircraft landing or taking off.“Airport direct impact area” means the area located within 5,000
feet of an airport runway, excluding lands within the runway protection zone and approach
surface.“Airport elevation” means the highest point of an airport's usable runway, measured in
feet above mean sea level.
“Airport imaginary surfaces” means the imaginary areas in space and on the ground that are
established in relation to the airport and its runways. Imaginary areas are defined by the
primary surface, runway protection zone, approach surface, horizontal surface, conical surface
and transitional surface. “Airport noise impact boundary” means the areas located within 1,500
feet of an airport runway or within established noise contour boundaries exceeding 55 Day
Night Average Sound Level (the average sound level over a 24-hour period, with a 10 decibel
(dB) penalty added for noise during the nighttime hours of 22:00 to 07:00). “Airport secondary
impact area” means the area located between 5,000 and 10,000 feet from an airport runway.
“Airport sponsor” means the owner, manager, or other person or entity designated to represent
the interests of an airport.
"Alley" means a public way providing a secondary means of access to property.“Approach
surface” (airport) means a surface longitudinally centered on the extended runway centerline
and extending outward and upward from each end of the primary surface.
The inner edge of the approach surface is the same width as the primary surface and it expands
uniformly to a width of 1,250. The approach surface extends for a horizontal distance of 5,000
feet at a slope of 20 feet outward for each foot upward. The outer width of an approach surface
will be that width prescribed in this subsection for the most precise approach existing or
planned for that runway end.
"Assisted living facility" ("ALF") means a building, complex, or distinct part thereof,
consisting of fully self-contained individual living units where six or more seniors and/or adult
individuals with disabilities may reside in homelike surroundings. An assisted living facility is
licensed to operate as such by the State of Oregon. It offers and coordinates a range of
supportive services available on a 24-hour basis to meet the living, health, and social needs of
residents. A program approach is used to promote resident self-direction and participation in
decisions that emphasize choice, dignity, privacy, individuality, and independence.
"Automobile."
"Automobile body shop garage" is a facility providing for the major repair and maintenance of
motor vehicles and includes major mechanical and body work, straightening of body parts,
painting, welding, or storage of motor vehicles not in operating condition.
"Automobile detail shop" includes any or all of the following uses: shampoo and cleaning of
carpet and seats; complete interior cleaning; clean and vacuum trunks; cleaning and treatment

Page 2

Exhibit 1

of vinyl and rubber surfaces; machine buffing and waxing of exterior and chrome; hand wash
exterior; clean and polish tires and wheels; engine compartment cleaning; and decal and paint
striping.
A. "Body shop garage" is a facility providing for the major repair and maintenance of
motor vehicles and includes major mechanical and body work, straightening of body
parts, painting, welding, or storage of motor vehicles not in operating condition.
B. "Automobile sService station" means any premises used for any or all of the
following: supplying gasoline, oil, accessories and services, and auto repair work,
excluding body and fender repair, at retail direct to the customer and where inoperative
car storage is limited to thirty (30) days.
C. "Automobile Wwrecking yard" means any property used for the wrecking or storing
of two or more motor vehicles or the parts thereof which are not in running condition
and are not being restored.
D. "Auto detail shop" includes any or all of the following uses: (a) shampoo and cleaning
of carpet and seats; (b) complete interior cleaning; (c) clean and vacuum trunks; (d)
cleaning and treatment of vinyl and rubber surfaces; (e) machine buffing and waxing
of exterior and chrome; (f) hand wash exterior; (g) clean and polish tires and wheels;
(h) engine and compartment cleaning; and (i) decal and paint striping.
"Base flood" or "100-year flood" means a flood having a one percent (1%) chance of being
equaled or exceeded in any given year.
"Bikeway" means a paved, dedicated path or lane for use by cyclists.
“Building footprint” means the horizontal area as seen in plan, measured from outside of all
exterior walls and supporting columns. It includes dwellings and any area of attached garage
that exceeds two hundred (200) square feet. It does not include detached garages or carports;
accessory structures; trellises; patios; areas of porch, deck, and balcony less than thirty (30)
inches from finished grade; cantilevered covers, porches or projections; or ramps and stairways
required for access. For attached housing, building footprint is measured for each dwelling unit
separately, and is measured to the center of any common walls.
"Cannabinoid" means any of the chemical compounds that are the active constituents of
marijuana.
"Cannabinoid concentrate" means a substance obtained by separating cannabinoids from
marijuana by mechanical extraction; chemical extraction using a nonhydrocarbon-based or
other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol,
or ethanol; chemical extraction using the hydrocarbon-based solvent carbon dioxide, provided
that the process does not involve the use of high heat or pressure; or any other process
identified by the Oregon Liquor Control Commission, in consultation with the Oregon Health
Authority, by rule.
"Cannabinoid edible" means food or potable liquid into which a cannabinoid concentrate,
cannabinoid extract, or dried marijuana leaves or flowers have been incorporated.
"Cannabinoid extract" means a substance obtained by separating cannabinoids from marijuana
by chemical extraction using a hydrocarbon-based solvent, such as butane, hexane or propane;
a chemical extraction process using the hydrocarbon-based solvent carbon dioxide, if the
process uses high heat or pressure; or any other process identified by the Oregon Liquor
Control Commission, in consultation with the Oregon Health Authority, by rule.

Page 3

Exhibit 1

"Cannabinoid product" means a cannabinoid edible and any other product intended for human
consumption or use, including a product intended to be applied to the skin or hair that contains
cannabinoids or dried marijuana leaves or flowers. Cannabinoid product does not include
usable marijuana by itself, a cannabinoid concentrate by itself, a cannabinoid extract by itself,
or industrial hemp by itself as defined in ORS 571.300.
“Cannabis” means the plant Cannabis itself, encompassing all its parts and products produced
thereof, regardless of their THC content, including those with high and low THC content.
"Caretaker/manager residence" means a residence, secondary to the main use of the property,
for the sole purpose of providing living quarters for the owner, operator, or caretaker of an
ongoing commercial or industrial enterprise.
“Childcare facility” as used in EMC Title 16 is defined in ORS 329A:
A. “Large childcare facility" means any child care facility licensed to care for more than
sixteen (16) children at a given time.
B. “Small childcare facility" means any child care facility licensed to care for a maximum
of sixteen (16) children at a given time.
"Church" means a building, together with its accessory building or uses, where persons
regularly assemble for worship and which is maintained and controlled by a religious body
organized to sustain public worship, and which meets tax exemption status as prescribed in
ORS Chapter 307.
"Clear vision area" means a triangular area on a lot at the intersection of two public rights-ofway, a street and a railroad, or private street and a public right-of-way, two sides of which are
lines measured from the corner intersection to a distance of fifteen (15) feet. The third side of a
triangle is a line across the corner of the lot connecting the lines of the other two sides. The
clear vision area contains no signs or other obstructions higher than two and a half feet or
lower than eight feet measured from the grade of the street centerline, though a single pole
having a diameter of eighteen (18) inches or less is permitted.

"Clinic" means a building utilized by persons licensed in the state of Oregon to treat or analyze

Page 4

Exhibit 1

medical, dental, or surgical needs of humans or animals on an outpatient basis, excluding
marijuana dispensing facilities as defined in EMC 16.65.020.
"Commercial use" means the activity of purchasing or selling, other than included in the term
light and heavy "industry" as defined in the appropriate sections, article, substance,
commodity, or service for livelihood or profit.
“Common courtyard” means a common area for use by residents of a cottage cluster. A
common courtyard may function as a community yard. Hard and soft landscape features may
be included in a common courtyard, such as pedestrian walkways, lawn, groundcover, trees,
shrubs, patios, benches, or gazebos.
"Common property" means a parcel of land, together with improvements that are to be used,
maintained and enjoyed by the owners and occupants of the individual building units or sites in
subdivisions with common open space, planned development or planned unit subdivisions.
"Commonwall dwelling" is defined under "Dwelling".
"Community center" means a facility owned and operated by a governmental agency or a
nonprofit community organization; provided that the primary purpose of the facility is for
recreation, social welfare, community improvement, or public assembly.
“Community park” means a park that is intended for use by the entire city, can accommodate a
higher level of use than neighborhood parks, and offers facilities that create a community-wide
draw.
"Compact parking space" means a parking space measuring between sixteen (16) and eighteen
(18) feet by eight (8) feet, exclusive of maneuvering and access area, permanently reserved for
the temporary storage of one automobile, connected with a street or alley which affords access
for automobiles.
"Comprehensive plan" means the adopted comprehensive plan for Estacada as defined in ORS
Chapter 197.
“Conical surface” (airport) means a surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
"Cottage cluster" means a grouping of no fewer than three detached dwelling units on the
same lot of record, with each dwelling unit having a footprint of less than 900 square feet, all
dwellings sharing a common area on the lot of record, and internal ADA-compliant pathways
connecting each dwelling to common space, vehicle parking, and sidewalksdwelling units that
share a common courtyard. Each dwelling unit has a small footprint or floor area. The dwelling
units may be detached or attached, provided no one building or structure contains more than
four (4) dwelling units. Cottage cluster may also be known as "cluster housing," "cottage
housing," "bungalow court," "cottage court," "courtyard housing," "garden apartments," or
"pocket neighborhood".
"Cottage cluster project" means a development site with one or more cottage clusters. Each
cottage cluster as a part of a cottage cluster project must have its own common courtyard.
"Data center" means a facility used primarily for the storage, management, processing, and
transmission of digital data, which houses computer and/or network equipment, systems,
servers, appliances, and/or other associated components related to digital operations.

Page 5

Exhibit 1

"Deck" means an attached or unattached structure accessory to the main use of the property,
having no components necessary to the structural support of the main use.
"Density" means the number of dwelling units allowed within a specified land area.
"Development" means any manmade change or improvement involving buildings, structures,
mining, dredging, filling, grading, paving, excavation, drilling, partitioning or subdividing.
"Development site" has the same meaning as "Site".
"Discount store" means a retail sales use with a floor area less than 12,000 square feet that
offers for sale a combination and variety of convenience shopping goods and consumer
shopping goods; and continuously offers a majority of the items in their inventory for sale at a
price less than ten dollars ($10.00) per item.
"Duplex" is defined under "Dwelling".
"Dwelling" means a building or portion thereof designed for residential occupancy.
A. "Commonwall dwelling" means a dwelling on its own lot which shares at least one
wall, or portion thereof, with another dwelling on an abutting lot.
B. "Duplex" means a single building on its own lot, with two dwelling units with
separate housekeeping facilities. A single-family dwelling with an accessory suite is
not a duplex.two (2) attached or detached dwellings in any configuration on a lot or
parcel, other than a lot or parcel created by a middle housing land division.
C. "Factory-built dwelling", "modular dwelling", and "modular home" mean a dwelling
that meets Oregon Building Code requirements for a residential dwelling, was
constructed almost entirely off-site, was delivered to its permanent site in whole or in
sections, and is set on to a foundation at that site; it does not mean a manufactured
dwelling or mobile home, as defined separately in this Section. "Factory-built
dwellings", "modular dwellings", and "modular homes" are considered "single-family
dwellings."
D. "Fourplex" means a single building on its own lot with four (4) dwelling units that are
not accessory suites and that have separate housekeeping facilities.
E. "Manufactured dwelling" means a detached dwelling designed or used exclusively for
the occupancy of only one family, constructed for movement on highways and
includes the following:shall have the meaning set forth in ORS 446.003, and means a
residential trailer, mobile home, or manufactured home.
1. "Manufactured home" means a manufactured dwelling constructed after June
15, 1976 in accordance with federal manufactured housing construction and
safety standards (HUD code) in effect at the time of construction.shall have
the meaning as set forth in ORS 446.003 and means a structure constructed
for movement on the public highways that has sleeping, cooking, and
plumbing facilities, that is intended for human occupancy, that is being used
for residential purposes and that was constructed in accordance with federal
manufactured housing construction and safety standards and regulations in
effect at the time of construction. The manufactured home shall be certified by
the manufacturer to have an exterior thermal envelope meeting the
performance standards equivalent to those required of single-unit dwellings
constructed under the Low-Rise Residential Dwelling Code as defined in
ORS 455.010;
2. "Manufactured home dwelling park" shall have the meaning set forth in ORS

Page 6

Exhibit 1

446.003.obile home" means a manufactured dwelling constructed between
January 1, 1926 and June 15, 1976, in accordance with the construction
requirements of Oregon mobile home law in effect at the time of construction.
3. "Residential trailer" means a manufactured dwelling constructed before
January 1, 1962, which was not constructed in accordance with federal
manufactured housing construction and safety standards (HUD code), nor the
construction requirements of Oregon mobile home law.Mobile home" shall
have the meaning set forth in ORS 446.003.
4. "Mobile home park" shall have the meaning set forth in ORS 446.003.
F. "Middle housing" means a category of housing types that includes duplexes, triplexes,
fourplexes, commonwall dwellings, and cottage clusters.
G. "Multi-unitfamily dwelling" means a single building, or a portion thereof, on its own
lot, that contains five (5) or more dwelling units, each with housekeeping facilities for
just one householdfamily.
H. "Single-unitfamily dwelling" and "single unitfamily householdme" mean a detached
dwelling unit on its own lot designed or used exclusively for the occupancy of only
one householdfamily and having housekeeping facilities for only one
householdfamily. "Factory-built dwellings", "modular dwellings", and "modular
dwellingshomes" are considered "single-unitfamily dwellings".
I. "Triplex" means a single building on its own lot with three (3) dwelling units that are
not accessory suites and that have separate housekeeping facilities.
"Dwelling unit" means a building or portion thereof with one or more rooms designed for
occupancy by one householdfamily for living purposes which provides a minimum of two
hundred (200) square feet of floor area per resident.
"Easement" means a right of use over the property of another.
"Enclosed" means activities which take place entirely within a structure or building, excluding
parking and off-loading facilities.
"Facade" means the vertical wall face of a building, or the sum of multiple vertical faces,
facing the same lot line.
"Factory-built dwelling" is defined under "Dwelling".
"Family" means any one of the following groups when living together in a single dwelling
unit:Persons related by blood, marriage, legal adoption or guardianships, plus not more than six
additional persons, including foster and shelter care children;Up to six unrelated persons;
orMembers of a "residential home," as defined in this chapter.Each additional group described
above, or portion thereof, shall be considered a separate family.
"Fence" means an accessory structure, including landscape planting, designed and intended to
serve as a barrier or as a means of enclosing a yard or other area, or other structure, or to serve
as a boundary feature separating two or more properties.
Fence, Sight-Obscuring. "Sight-obscuring fence" consists of either a continuous fence, wall,
slated cyclone fence, evergreen planting, or combination thereof, constructed and/or planted so
as to effectively screen the particular use from view. Fences described above are subject to
clear vision regulations of EMC 16.60.010.
"FIRM" means flood insurance rate maps that delineate both the area of special flood hazard
and risk premium zones.

Page 7

Exhibit 1

"Flag lot" means a lot, the major portion of which has access to a road or street by means of a
narrow strip of land called the "staff." The staff shall have a minimum width and frontage of
not less than twenty-five (25) feet. The staff portion of a flag lot shall not be used in computing
lot size for zoning and building purposes.
"Flood/flooding" means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
A. The overflow of inland or tidal waters; and/or
B. The unusual and rapid accumulation of runoff or surface waters from any source.
"Floodplain" means the area shown on designated maps for the city as being subject to
inundation by delineation of a base flood as determined by the U.S. Army Corps of Engineers
or other means.
“Food cart” means a vehicle that is used in selling and dispensing food or beverage to a
customer and is not permanently affixed to the groundwith complete and active approval of
Oregon Health Authority licensing requirements. As used in this definition, a vehicle is
motorized or non-motorized transportation equipment containing an axle and capable of use on
public roads, and is not permanently affixed to the ground. Example vehicles include
including, but are not limited to, a car, van, pickup, motorcycle, recreational vehicle, bus, truck,
detached trailer, or a truck tractor with no more than one trailer.
"Fourplex" is defined under "Dwelling".
"Frontage" means the portion of a lot or parcel that abuts a street.
"Greenbelt" means a designated area of undeveloped land and/or open space surrounding an
urban community.
"Greenhouse" means a structure with transparent or translucent vertical walls. A transparent or
translucent roof does not constitute a greenhouse.
"Greenway" means a linear strip of undeveloped land and/or open space converted to
recreational use.
"Heavy industry" means the manufacturing, processing, compounding, packaging or
assembling of products, the process of which requires that permits be issued by the Oregon
State Department of Environmental Quality or other State, County, or Federal agency for the
associated emissions, discharges, or storage of materials.
“Height” means the highest point of a structure or tree, plant or other object of natural growth,
measured from above mean sea level (AMSL) or above ground level (AGL).
"Home occupation" means an occupation carried on within a dwelling, or an accessory
structure by a resident of the dwelling, where such occupation is secondary to the main use of
the property as a residence, but excluding commercial businesses considered by the planning
commission as inappropriate for residential areas.
"Hoophouse" means any non-rigid, transparent, or translucent structure. Hoophouses are often
constructed of PVC pipe and polyethylene, and are formed as a tunnel in structure.
“Horizontal surface” (airport) means a horizontal plane 150 feet above the established airport

Page 8

Exhibit 1

elevation, the perimeter of which is constructed by swinging arcs of specified radii from the
center of each end of the primary surface of each runway of each airport and connecting the
adjacent arcs by lines tangent to those arcs. The radius of each arc is 5,000 feet.
"Household" means all the people who occupy a dwelling unit.
"Housekeeping facility" means a kitchen, laundry room, or similar space used for householdwide domestic duties.
"Hospital" means an establishment which provides sleeping and eating facilities to persons
receiving medical, obstetrical, or surgical care with nursing service on a continuous basis.
"Hotel" means a building that is designed or used to offer short-term lodging for compensation,
with or without meals, for five (5) or more people. A facility that is operated for the purpose of
providing care beyond that of room and board is not a "hotel."
"Industrial trade school" means a public or private school for teaching one or more industrial
trades, vocations, and/or skills to meet industrial needs. These facilities may be referred to as
technical schools, vocational schools, and career schools. Industrial trade schools provide
training in such occupational skills as welding, operation and repair of industrial machinery,
and truck driving.
"Junk yard" means any property utilized for breaking up, dismantling, sorting, storing,
distributing, buying, or selling scrap waste material, junk, or used equipment of any nature.
"Kennel" means a lot or building which provides for the keeping of four (4) or more dogs, cats
or animals at least six (6) months of age, where such animals are kept for purposes other than a
veterinary clinic.
"Landscaping" means a compatible combination of vegetation and materials which provide
visual enhancement to a development.
"Landscaping plan" means a schematic or plot plan which indicates:
A. Areas of landscaping, including percent of lot area;
B. Type(s) of vegetation and;
C. Maintenance type and schedule, i.e., irrigation method.
"Light industry" means the manufacturing, processing, compounding, packaging or
assembling of products, the process of which does not require that permits be issued by the
Oregon State Department of Environmental Quality or other State, County, or Federal agency
for the associated emissions, discharges, or storage of materials, excepting the DEQ 1200-Z
Industrial Stormwater Discharge Permit..
"Livestock" means domestic animals and fowl or types customarily raised or kept on farms for
profit or other purposes. This definition does not include domesticated household pets such as
dogs or cats.
"Loading space" means an off-street space or berth on the same lot or parcel with a building or
use, or contiguous to a group of buildings or uses, for the temporary parking of a vehicle while
loading or unloading persons, merchandise, or materials, and which abuts a street, alley, or
other appropriate means of access.

Page 9

Exhibit 1

"Lot" means a parcel or tract of land which is occupied or may be occupied by a structure or a
use, together with yards and other open space and meets the definition of "lot of record."
"Lot area" means the total horizontal area within the lot lines of a lot, exclusive of streets. The
staff portion of a flag lot shall not be used in computing the size or area of the lot for zoning or
building purposes.
Lot, Corner. "Corner lot" means a lot abutting on two or more streets, excluding alleys at their
intersection. A lot abutting on a curved street or streets is a corner lot if straight lines drawn
from the foremost points of the side lot lines to the foremost point of the lot meet at an interior
angle of less than one hundred thirty-five (135) degrees.
"Lot depth" means the average horizontal distance between the front lot line and the rear line.
"Lot frontage" means the front of a lot shall be construed to be the portion nearest the street.
For the purpose of determining setback requirements on corner lots and through lots, all sides
of a lot adjacent to a street other than an alley shall be considered frontage, and setbacks shall
be provided as indicated in this section.
Lot, Interior. "Interior lot" means a lot other than a corner lot with only one frontage on a
street.
"Lot line" means the property line bounding a lot. See also “Property line”.
Lot Line, Front. "Front lot line" means the property line separating the lot from the street, other
than an alley. In the case of a corner lot, the shortest property line along a street, other than an
alley; or, in a case where the lot does not front directly upon a public street, that lot line toward
which most houses in the immediate area face.
Lot Line, Rear. "Rear lot line" means the lot line or lines opposite and most distant from the
front lot line.
Lot Line, Side. "Side lot line" means any lot line or lines not a front or rear lot line.
"Lot of record" means any unit of land created as follows:
A. A lot in a platted subdivision;
B. A lot created by land partitioning;
C. A unit of land described by a conveyed deed or land sales contract established prior to
requirements for partitions and which conformed with all zoning requirements in
effect, if any, when the deed or contract creating the lot was recorded.
Lot of Record, Nonconforming. "Nonconforming lot of record" means a parcel of land which
lawfully existed as a lot in compliance with all applicable ordinances and laws at the time of
creation, but which, because of the application of a subsequent zoning ordinance, no longer
conforms to the lot dimension requirement for the zoning district in which it is located.
Lot, Through. "Through lot" means an interior lot abutting on streets, other than an alley, on
both of the opposite, exterior lot lines.
"Lot width" means the average horizontal distance between the side lot lines, ordinarily
measured parallel to the front lot line.
"Main entrance” means the ground floor (or first floor) exterior pedestrian door through which

Page 10

Exhibit 1

residents and visitors enter a residential building or dwelling unit. For buildings where access
to some or all dwelling units is via shared hallways, a main entrance is one that enters the
lobby or common circulation space. A building may have more than one main entrance
meeting these criteria. For buildings in which all units have individual exterior entrances, each
entrance to a dwelling unit is considered a main entrance.
"Manager/caretaker residence" means a residence, secondary to the main use of the property,
for the sole purpose of providing living quarters for the owner, operator or caretaker of an
ongoing commercial or industrial enterprise.
"Manufactured dwelling" is defined under "Dwelling"."Manufactured dwelling park" means a
parcel or contiguous parcels of land under the same ownership divided into four or more
manufactured dwelling lots for rent or lease.
"Marijuana" means the plant Cannabis family Cannabaceae, any part of the plant Cannabis
family Cannabaceae, and the seeds of the plant Cannabis family Cannabaceae. Marijuana does
not include industrial hemp as defined in ORS 571.300. "Marijuana processing" means the
processing, compounding, or conversion of marijuana into cannabinoid products, cannabinoid
concentrates, or cannabinoid extracts, provided that the marijuana processor is licensed by the
Oregon Liquor Control Commission or registered with the Oregon Health Authority.
"Marijuana production" means the manufacture, planting, cultivation, growing, trimming,
harvesting, or drying of marijuana, provided that the marijuana producer is licensed by the
Oregon Liquor Control Commission or registered with the Oregon Health Authority and a
person designated to produce marijuana by a registry identification cardholder. "Marijuana
retailing" means the sale of marijuana items to a consumer, provided that the marijuana retailer
is licensed by the Oregon Liquor Control Commission or registered with the Oregon Health
Authority. "Marijuana wholesaling" means the purchase of marijuana items for resale to a
person other than a consumer, provided that the marijuana wholesaler is licensed by the
Oregon Liquor Control Commission.
"Marina" means a commercial boat launch, moorage or similar facility which may include dry
or wet boat storage, boat houses and related commercial activities.
"Mini-warehouse (storage)" means a structure used for storing personal effects or small retail
merchandise with individual compartments that do not exceed one thousand (1,000) square
feet.
"Mobile home" is defined under "Dwelling". "Modular dwelling" and "modular home" are
defined under "Dwelling".
"Motel" means a building or series of buildings in which lodging only is offered for
compensation and which may have more than five (5) sleeping rooms or units for this purpose
and which is distinguished from a hotel primarily by reason of providing direct independent
access to and adjoining parking for each rental unit designed primarily for automobile tourists
and transient persons. The term includes auto courts, tourist courts, tourist homes and motor
lodges.
"Multi-unitfamily dwelling" is defined under "Dwelling".
“Neighborhood park” means a park that provides close-to-home recreation opportunities, and
provides both active and passive recreation opportunities for people living within
approximately one-half mile walking distance of the park.

Page 11

Exhibit 1

"Nonconforming structure/use" means use of structure or land, or structure and land in
combination which was lawfully established in compliance with all applicable ordinances and
laws, but which because of the application of a subsequent zoning ordinance:
A. No longer conforms to the setback, height, maximum lot coverage or other building
development requirements of this title; or
B. Is clearly designed and intended for uses other than any use permitted in the zoning
district in which it is located.
“Nursing home or retirement home” means any dwelling, institution, or other structure
maintained or operated for the nursing or care of 16 or more ill, aged, or infirm adults not
requiring hospital care or hospital facilities and licensed by the State of Oregon.“Obstruction”
(airport) means any structure or tree, plant or other object of natural growth that penetrates an
imaginary surface.
"Open space" means land area to be used by residents and/or the general public for scenic,
landscaping or open recreation purposes within a development. Open space may include areas
of undisturbed vegetation, steep slopes, stream corridors, wetlands, wildlife habitat areas or
areas replanted with native vegetation after construction, and/or greenways. Open space does
not include street right-of-way, driveways or open parking areas. “Other than utility runway”
means a runway that is constructed for and intended to be used by turbine-driven aircraft or by
propeller-driven aircraft exceeding 12,500 pounds gross weight.
"Owner" means the owner of a record of real property as shown on the tax rolls of the county,
or a person who is purchasing a parcel of property under contract.
"Parcel" means a unit of land that is created by a partitioning of land.
"Park" means an open or enclosed tract of land set apart and devoted for the purposes of
pleasure, recreation, ornament, light and air for the general public.
"Parking space" means an off-street enclosed or unenclosed surfaced area of not less than
eighteen (18) feet by eight (8) feet, exclusive of maneuvering and access area, permanently
reserved for the temporary storage of one automobile, connected with a street or alley which
affords access for automobiles.
"Partition" means either an act of partitioning land or an area or tract of land partitioned as
defined in ORS Chapter 92. "Partition land" means to divide an area or tract of land into two
(2) or three (3) parcels within a calendar year when such area or tract of land exist as a unit or
contiguous units of land under single ownership at the beginning of such year, and does not
include exceptions as outlined in ORS 92.010(7).
"Partition plat" means a final map and other writing containing all the descriptions, locations,
specifications, provisions and information concerning a partition.
“Pedestrian amenities” means areas and objects that serve as places for public socializing and
enjoyment and are usually closed to motorized vehicles. Sidewalks designed to meet minimum
sidewalk width standards are not considered pedestrian amenities, for the purpose of this code.
Pedestrian amenities include the following:
A. A plaza, courtyard, square or extra-wide sidewalk (building frontage areas) next to the
building entrance. Extra-wide sidewalks shall be at least three (3) feet wider than the
minimum required for the purpose of this sSection;

Page 12

Exhibit 1

B. Sitting space (e.g., dining area, benches, garden wall or ledges between the building
entrance and sidewalk) with a minimum of sixteen (16) inches in height and thirty (30)
inches in width;
C. Public art that incorporates seating (e.g., fountain, sculpture);
D. Transit amenity, such as bus shelter, per the standards of the transit service provider, as
applicable;
E. Sidewalk chalk squares;
F. Planters;
G. Covered entryway with seating;
H. Streetscape furnishings, including pedestrian level street lighting, bike racks,
crosswalks, bollards, trash cans, drinking fountains, tree gates, and curb extensions; or
I. Street trees.
"Performance agreement" means a bond executed by a surety company licensed in the state of
Oregon, or other security acceptable to the Ccity, to ensure completion of the conditions of
approval.
"Person" means a natural person, the heirs, executors, administrators or assigns, or a firm,
partnership or corporation, successors or assigns, or the agent of any of the aforesaid, or any
political subdivisions, agency, board or bureau of the state.
"Planned development" means a development in which the applicable code restrictions, other
density requirements, may be modified and/or applied to the development as a whole rather
than to each individual lot. A planned development involving the subdividing of property is a
planned unit development.
"Planned unit subdivision" means a subdivision of land in which the individual building sites
may be reduced in size but are compensated by area used in common for recreational or other
open space purposes. Planned unit subdivisions involving dwelling or commercial units may
incorporate detached, semi-detached, attached, single-story or multistoried units or any
combination of the aforementioned. Such projects may also involve religious, cultural,
recreational and commercial uses and purposes.
"Plat" means a final subdivision plat, re-plat, or partition plat.
“Primary surface” (airport) means a surface longitudinally centered on a runway. When a
runway has a specially prepared hard surface, the primary surface extends 200 feet beyond
each end of that runway. When a runway has no specially prepared hard surface, or planned
hard surface, the primary surface ends at each end of that runway. The elevation of any point
on the primary surface is the same as the elevation of the nearest point on the runway
centerline. The width of the primary surface is: 250 feet for utility runways. 500 feet for other
than utility runways."Principal use" means the intended and primary use of a structure or
parcel of land.
"Property line" means the line denoting the limits of legal ownership of property. See also “Lot
line”.
“Psilocybin” means a naturally occurring psychedelic compound occurring in certain
mushroom species, as defined by the Oregon Health Authority.“Psilocybin processing” means
the processing, compounding, or conversion of psilocybin into products, concentrates, or
extracts.“Psilocybin production” means the manufacture, extracting, planting, cultivation,
growing, trimming, harvesting, or drying of psilocybin."Psilocybin retailing" means the sale of

Page 13

Exhibit 1

psilocybin items to a consumer.“Psilocybin service center” refers to a location where
preparation, administration, and/or integration sessions involving psilocybin occurs.
"Public utility" means any corporation, company, individual, association of individuals, or its
lessees, trustees or receivers, that owns, operates, manages or controls all or any part of any
plant or equipment for the conveyance of telegraph, telephone, with or without wires, for the
transportation as common carriers, or for the production, transmission, delivery or furnishing of
heat, light, water, power or cable services, directly or indirectly to the public.
"Public utility workshop" means a building used for the repair and/or maintenance of utility
vehicles, machinery or other equipment.
"Recreational vehicle (R.V.)" means a vehicle with or without motive power that is designed
for human occupancy and as further defined under, by rule, by the Director of Transportation,
at OAR 735-022-0140.
"Recreational vehicle park" shall have the meaning set forth in OAR 918-650-0005.
"Remuneration" means compensation, money, rent or other bargained for consideration given
in return for occupancy, possession or use of real property.
"Re-plat" means the act of platting the lots, parcels and easements in a recorded subdivision or
partition plat to achieve a re-configuration of the existing subdivision or partition plat or to
increase or decrease the number of lots in the subdivision.
"Residential care facility" ("RCF") has the meanings given that term in ORS 197.660(1),
typically with six (6) to fifteen (15) residents.a building, complex, or distinct part thereof,
consisting of shared or individual living units in a homelike surrounding, where six or more
seniors and/or adult individuals with disabilities may reside. A residential care facility is
licensed to operate as such by the State of Oregon. It offers and coordinates a range of
supportive serves available on a 24-hour basis to meet the activities of daily living, health, and
social needs of the residents. A program approach is used to promote resident self-direction and
participation in decisions that emphasize choice, dignity, individuality, and independence.
"Residential home" has the meaning given that term in ORS 197.660(2), typically with five (5)
or fewer residents.means any dwelling unit or residential building operated as a single
housekeeping unit for the purpose of providing food, shelter, personal services and care, as
defined in the ordinance codified in this chapter, and when appropriate, a planned treatment or
training program of counseling, therapy, or other rehabilitative social service, for persons of
similar or compatible conditions of circumstances.
"Residential treatment facility" has the meaning given that term in ORS 443.400(11), typically
providing care or treatment to five (5) or fewer residents with mental, emotional, or behavioral
disturbances or alcohol or drug dependence.
"Residential treatment home" has the meaning given that term in ORS 443.400(12), typically
providing care or treatment to six (6) or more residents with mental, emotional, or behavioral
disturbances or alcohol or drug dependence.
"Road" means a public or private way created to provide ingress to, or egress from, one or
more lots, parcels, areas or tracts of land, or that provides for travel between places by vehicles.
The terms "street", "access drive" and "highway" for the purposes of the ordinance codified in
this chapter shall be synonymous with the term "road."

Page 14

Exhibit 1

A. "Arterial" means a street designed to carry traffic from one community to another, to
carry traffic to and from major traffic generators and to carry through traffic.
B. "Collector or secondary street" means a street designed to carry traffic between minor
streets and the arterial system, to function as primary traffic carries within a
neighborhood, to carry traffic to local traffic generators, and in commercial and
industrial areas, to provide access to commercial and industrial properties. This street
classification includes Major and Minor collectors.
to provide access to commercial and industrial properties.
C. "Cul-de-sac" or "dead- end street" means a minor street with only one outlet which
provides a vehicular turnaround.
D. "Local street" means a street designed to provide access to abutting residential
property with only incidental service to through traffic. This street classification
includes Local and Neighborhood Local streets.
E. "Private road" means a private way created by deed or easement to provide vehicular
ingress to, or egress from, three (3) to six (6) lots or parcels. Any road serving more
than six (6) dwelling units must be a public road. Private roads may serve development
when approved by the planning commission upon written findings that such roads are
of adequate width, alignment, grade and length to afford the same degree of public
safety as public roads and that extension of the public road system is impractical. In
determining if the extension of the public road system is impractical, the planning
commission shall consider criteria including, but not limited to, lot size or shape,
topography, and/or the location of existing structures. In no case shall a private street
be less than twenty (20) feet in width. Greater width may be required where necessary
to provide for public safety, accommodate traffic volume, or provide for underground
utilities. A street maintenance agreement approved by the city and duly recorded, shall
be required for the creation of any private road.
F. "Public road" means a road dedicated for public use.
G. "Access drive" means a private road, with a travel surface not less than twelve (12)
feet in width, created by deed or easement to provide vehicular ingress, or egress from
not more than two lots or parcels.
“Runway” means a defined area on an airport prepared for landing and takeoff of aircraft
along its length. “Runway protection zone (RPZ)” means an area off the runway end used to
enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape
and centered about the extended runway centerline. The inner width of Valley View Airport’s
RPZ is the same as the width of its primary surface, or 250 feet. The outer width of its RPZ is
700 feet. The RPZ extends from each end of the primary surface for a horizontal distance of
1,000 feet.
"School" means any institution for learning, whether public or private, meeting state of Oregon
accreditation standards.
"Self-storage facility" means a facility with containers, garages, lockers, rooms, warehouses, or
other secured spaces rented to tenants for storage.
"Setback" means the horizontal distance measured perpendicular from the lot line to the nearest
wall point of any structure on the lot or parcel. Relevant provisions of EMC 16.60 shall apply
in the determination of the closest wall of a structure.
A. Front: a setback between side lot lines and measured horizontally at right angles to the
front line from the front lot line to the nearest wall of a structurepoint of a building.
Any yard meeting this definition and abutting on a street other than an alley, shall be

Page 15

Exhibit 1

considered a front yard.
B. Rear: a setback between side lot lines and measured horizontally at right angles to the
rear lot line from the rear lot line, to the rear most part of the main buildingnearest wall
of a structure.
C. Side: a setback between the front and rear lot lines, measured horizontally and at right
angles from the side lot line to the nearest point of the main buildingwall of a structure.
"Short-term rental" means the use of a dwelling unit by any person or group of persons who
occupies or is entitled to occupy a dwelling unit for remuneration charged on a daily basis and
for a period of occupancytime of less than thirty (30) days.
"Sign" means an identification, description, illustration or device which is affixed to or
represented, directly or indirectly, upon a building, structure or land, and which directs
attention to a product, place, activity, person, institution or business.
“Site” has different meanings depending on the housing type, as provided below.
“Development site” has the same meaning as “site.”
A. For detached single-unit, duplex, triplex, quadplex, and cottage cluster, “site” means a
single lot (other than a middle housing child lot) on which the housing unit or units is
proposed.
B. For townhouse, “site” refers to all the lots underlying a single townhouse structure.
C. For multi-unit housing, “site” refers to a property (or group of abutting parcels or lots
under the same ownership) that is subject to a development application.
“Site area” means the total area of a development site calculated after subtracting any required
or planned dedication of public rights-of-way or designation of private rights-of-way.
Street. (See "Road.")
"Single unitfamily dwelling" and "single household dwellingfamily home" are defined under
"Dwelling".
“Single Room Occupancy (SRO)” shall have the meaning as set forth in ORS 197A.430 and
means a residential development with no fewer than four attached or detached units that are
independently rented and lockable and provide living and sleeping space for the exclusive use
of an occupant, but require that the occupant share sanitary or food preparation facilities with
other units in the occupancy
"Structure" means anything constructed, built, or installed, which requires a location on the
ground or is attached to another structure having a location on the ground.
"Subdivide land" means to divide an area or tract of land into four (4) or more lots within a
calendar year when such an area or tract of land exists as a unit of contiguous units of land
under a single ownership at the beginning of a year.
"Subdivision" means an area or tract of land divided into four (4) or more lots within a
calendar year.
"Subdivision plat" meansincludes a final map and other writing containing all the descriptions,
locations, specifications, dedications, provisions, and information concerning a subdivision.
"Temporary" means a specific period of time.

Page 16

Exhibit 1

"Tentative plan" means an approved diagram showing the design of a proposed partition or
subdivision, together with any other pertinent writing and information.“Transitional surface”
means those surfaces that extend upward and outward at ninety (90) degree angles to the
runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally
for each foot vertically from the sides of the primary and approach surfaces to the point of
intersection with the horizontal and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces which project through and beyond the limits of the conical
surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of
the approach surface and at a ninety (90) degree angle to the extended runway centerline.
"Triplex" is defined under "Dwelling".
"Unit of ownership" means an area or tract of land described by a deed or by metes and
bounds as a single entity.
"Use" means the purpose for which a structure is designed, arranged or intended; or for which
land is maintained, occupied or zoned.“Utility runway” means a runway that is constructed for,
and intended to be used by, propeller driven aircraft of 12,500 pounds maximum gross weight
or less.“Visual runway” means a runway intended solely for the operation of aircraft using
visual approach procedures, where no straight-in instrument approach procedures or instrument
designations have been approved or planned, or are indicated on a Federal Aviation
Administration-approved airport layout plan or any other FAA planning document.
"Water-dependent" 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 water-borne transportation,
recreation, energy production, or source of water.“Water impoundment” (airport) means a
water feature including wastewater treatment settling ponds, surface mining ponds, detention
and retention ponds, artificial lakes and ponds, and similar water features. A new water
impoundment includes an expansion of an existing water impoundment except where such
expansion was previously authorized by land use action approved prior to the effective date of
this ordinance.
"Wetlands" means those areas that are inundated or saturated by surface or ground water at a
frequency and duration that are sufficient to support, and that under normal circumstances do
support, a prevalence ofr vegetation typically adapted for life in saturated soil conditions.
"Wholly enclosed" means completely located within a building.
“Youth support services facility”:
A. Means any school, agency, organization or program providing:
1. Day treatment for children with emotional disturbances;
2. Adoption placement services;
3. Residential care, including but not limited to foster care or residential treatment
for children;
4. Residential care in combination with academic education and therapeutic care,
including but not limited to treatment for emotional, behavioral or mental
health disturbances;
5. Outdoor youth programs;
6. Other similar care or services for children;
7. A shelter-care home that is not a foster home subject to ORS 418.625 to
418.645;
8. An independent residence facility as described in ORS 418.475 that meets the

Page 17

Exhibit 1

standards established by the Department of Human Services by rule to be
considered a child-caring agency;
9. A private residential boarding school;
10. A child-caring facility as defined in ORS 418.950;
11. A secure transportation services provider that transports or provides escort
services for children on the highways of this state along a route that begins or
ends in this state to or from a school, agency, organization or program
described in subparagraph A. of this paragraphdefinition, if the school,
agency, organization or program is located in this state or in any other state.
B. Does not include the following:
1. A facility that exclusively serves individuals eighteen (18) years of age and
older; or
2. A facility that primarily serves both adults and children but requires that any
child must be accompanied at all times by at least one custodial parent or
guardian.

(Ord. 2007-6 § 1; Ord. 2004-2 § 1; Ord. 2003-8 § 1; Ord. 2000-25 §§ 2, 3; editorially
amended during 2000 codification; prior code § 10.202) (Ord. No. 2015-003, § 2, 4-13-2015;
Ord. No. 2016-003, § 1(Exh. A), 5-23-2016; Ord. No. 2016-005, § 1, 8-22-2016; Ord. No.
2017-006, § 1, 11-13-2017; Ord. No. 2018-001, § 1, 6-11-2018; Ord. No. 2018-002, § 1, 813-2018)

SECTION 2:
AMENDMENT “16.12.010 Classification Of Zones” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.12.010 Classification Of Zones
For the purpose of this title, the following zones are established in the city:
Map Designations and Abbreviations.
A. Residential Zones.
Low Density Residential

R-1

Medium Density Residential

R-2

Multiple UnitFamily Residential

R-3

North City Residential

NCR

B. Commercial Zones.
General Commercial

C-1

Page 18

Exhibit 1

Riverfront Commercial

R-C

Highway Commercial

H-C

Outdoor Commercial

O-C

C. Mixed-Use Zones.
Downtown

D

Residential Commercial

C-2

Mill Area Mixed-Use

MMU

Central Mixed-Use

CMU

D. Industrial Zones.
Light Industrial

M-1

Airport

A-P

E. Open Space/Public Facility Zones.
Open Space/Public Facilities

O-S

F. Special Overlay Zones.
Historic Resources

H-R

Planned Development

P-D

Airport Safety And Compatibility

ASC

Wetland Resources

W-R

(Prior code § 10.211) (Ord. No. 2012-005, § 1, 9-10-2012)

SECTION 3:
AMENDMENT “16.12.060 Zone Descriptions” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.12.060 Zone Descriptions
A. Low Density Residential (R-1): Intended primarily for lower-density residential uses,
including single-unitfamily dwellings and small-scale middle housing, but also allows
home occupations, short-term rentals with standards, and certain public nonprofit
conditional uses.
B. Medium Density Residential (R-2): Intended for residential use at a moderate density,
including single-unitfamily dwellings and middle housing.
C. Multiple UnitFamily Residential (R-3): Intended for residential use as a high density
residential district allowing some conditional uses with standards.
D. North City Residential (NCR): Intended to establish a variety of housing types to meet
the City's rental and affordable housing needs, while focusing multi-unitfamily
housing nearer to major roads, protecting natural features and existing residential land

Page 19

Exhibit 1

uses, and allowingproviding for open space.
E. Downtown (D): Intended to implement the Estacada Downtown and Riverside Area
Plan (adopted 2011). The zone encourages a mix of office, service, retail, light
manufacturing, and governmental uses. The D zone also allows residential uses in
upper stories of commercial buildings, and high density residential and mixed-use
(residential and commercial) development oriented to the Clackamas River.
F. General Commercial (C-1): Intended to promote economic diversification. It
accommodates certain commercial, light industrial, and governmental uses that are not
conducive to locating in the D zone, such as those with large, unenclosed sales or
storage areas, and those requiring large parcels of land.
G. Residential Commercial (C-2): Designed for a mixture of office, retail, personal or
business service, and residential uses, in order to promote the most productive capacity
of property.
H. Mill Area Mixed-Use (MMU): Intended to provide flexible opportunities for the
development of a mix of land uses that are safe, clean, and compatible with existing
and planned land uses at the core of the City.
I. Riverfront Commercial (R-C): Intended to promote local tourism and history, outdoor
recreation, and the use of adjacent park facilities, the Clackamas River, and connecting
multi-use paths with a variety of commercial uses that attract local and out-of-town
customers while enhancing the area's natural aesthetics and protecting adjacent open
spaces.
J. Highway Commercial (H-C): Intended to provide for large-footprint and vehicleoriented commercial uses that are not appropriate for Downtown or other commercial
areas, while ensuring that new development is appropriately screened and restricting
residential uses, industrial uses, and excessive signage.
K. Central Mixed-Use (CMU): Intended to establish small-footprint commercial uses,
intermixed with denser residential uses, that cater primarily to customers in nearby
residential areas and that do not detract from Downtown, while developing Eagle
Creek Rd as a tree-lined, pedestrian- and bicycle-friendly corridor.
L. Outdoor Commercial (O-C): Intended to preserve and enhance the area's natural
aesthetic and establish commercial and public uses that attract local and out-of-town
visitors, while protecting natural wetlands and adjacent residential land uses and
ensuring that the area's commercial uses do not detract from Downtown.
M. Light Industrial (M-1): Created for the expansion of light industrial uses. Permits
wholly enclosed light industrial uses and compatible commercial uses which are
compatible to the surrounding area.
N. Airport (A-P): Created to encourage and support the continued operation and vitality
of public-use airports by allowing certain airport-related commercial, residential, and
recreational uses in accordance with state law.
O. Open Space/Public Facilities Overlay (O-S): Created to ensure public greenways,
pathways, and parks, and to allow governmental uses including public schools.
P. Planned Development Overlay (P-D): Intended to permit the application of new
technology and greater freedom than may be possible under a strict interpretation of
the provisions of the development code.EMC Title 16.
Q. Airport Safety and Compatibility Overlay (ASC): Intended to encourage and support
the continued operation and vitality of Estacada’s public-use airport(s) by establishing
compatibility and safety standards to promote air navigational safety, and to reduce
potential safety hazards for persons living, working or recreating near the airport.
R. Historical Resources Overlay (H-R): Intended to encourage property owners to
enhance and maintain historically designated resources within the community.
S. Wetlands Resources Overlay (W-R): Intended to protect designated wetland resources

Page 20

Exhibit 1

within the community.
(Prior code § 10.218; Ord. No. 2012-005, § 2, 9-10-2012; Ord. No. 2016-003, § 1(Exh. A), 523-2016)

SECTION 4:
AMENDMENT “16.16.010 Purpose” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.16.010 Purpose
The R-1 zone is intended primarily for lower-density residential uses, including singleunitfamily dwellings and small-scale middle housing, but also allows home occupations, shortterm rentals with standards, and certain public nonprofit conditional uses. In an R-1 zone, the
following regulations shall apply.
(Ord. 2000-26 §1 (part): prior code § 10.220 (part); Ord. No. 2016-003, § 1(Exh. A), 5-232016; Ord. No. 2017-006, § 2, 11-13-2017; Ord. No. 2018-001, § 1, 6-11-2018; Ord. No.
2018-002, § 1, 8-13-2018)

SECTION 5:
AMENDMENT “16.16.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.16.020 Uses Permitted Outright
The following uses and their accessory uses (see EMC 16.82) are permitted in an R-1 zone:
A. A single-unitfamily dwelling built on site;
B. A manufactured home that meets the following minimum standards:
1. Compliance with all the standards as set by the underlying zoning district;
2. The manufactured home shall be certified by the manufacturer to have an
exterior thermal envelope meeting the performance standards which reduce
heat loss to levels equivalent to thosethe performance standards required of
single-unitfamily dwellings constructed under the Low-Rise Residential
Dwelling Codestate building code as defined in ORS 455.010.Evidence
demonstrating that the manufactured home meets "Super Good Cents" energy
efficiency standards is deemed to satisfy the exterior thermal envelope
certification requirement. Additional manufacturer certification shall not be
required;
C. Duplex;
D. Commonwall dwellings up to two units;
E. Agricultural use of land provided that no livestock shall be raised or kept on the
premises and that no commercial structure shall be constructed or maintained on the
premises;
F. A travel trailer or recreation vehicle stored unoccupied on a lot in combination with an

Page 21

Exhibit 1

approved dwelling and complies with residential setback requirements;
G. Small childcare facility as defined in EMC 16.08;
H. Youth support services facility as defined in EMC 16.08;
I. Large childcare facility as defined in EMC 16.08, located within an existing church or
school facility;
J. Public park;
K. Residential home as defined in EMC 16.08 and according to the requirements and
limitations of ORS 197.660 through .667;;
L. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
M. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
N. Short-term rental subject to the provisions of EMC 16.62;
O. Home occupation as defined in EMC 16.92 that involves no customer traffic, retail
sales, signs or any other outward appearance of a business;
P. Accessory dwelling unit (ADU) subject to the provisions of EMC 16.61;
Q. Single Room Occupancy of 6 attached units or less..
(Ord. 2007-6 § 2; Ord. 2000-26 § 1(1): prior code § 10.220(1); Ord. No. 2016-003, § 1(Exh.
A), 5-23-2016; Ord. No. 2017-006, § 2, 11-13-2017; Ord. No. 2018-001, § 1, 6-11-2018; Ord.
No. 2018-002, § 1, 8-13-2018)

SECTION 6:
AMENDMENT “16.16.030 Conditional Uses Permitted” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.16.030 Conditional Uses Permitted
The following uses and accessory uses (see EMC 16.82) may be permitted in a low density
residential district subject to EMC 16.88.020 and the review procedures in EMC 16.132.010
through EMC 16.132.050:
A. Cemetery;
B. Church, nonprofit religious or philanthropic institution, and associated activities
according to ORS 227.500;
C. Community center, nursery school, kindergarten or similar facility;
D. Governmental structure or use of land;
E. Public utility substations as required with safeguards against harm to adjacent or
abutting property owners;
F. Home occupations subject to the provisions of EMC 16.92;
G. Golf course or country club, but excluding miniature golf course or similar types of
amusement facilities;
H. Private noncommercial recreation club such as tennis, swimming or archery club, but
excluding commercial amusement or recreation enterprises;
I. Lodge of civic or fraternal organizations;
J. New public school or any private school offering curriculum similar to public school;
K. Temporary real estate office offering residential property in the immediate vicinity for
sale, rent or lease;
L. Large childcare facility as defined in EMC 16.08, not located within an existing

Page 22

Exhibit 1

church or school facility;
M. Professional office or medical facility;
N. Public transportation facility not otherwise listed in EMC 16.16.020 Subsection (L);
O. Transportation facility not identified in the city's transportation system plan or active
transportation plan.
(Ord. 2007-6 § 3; Ord. 2000-26 § 1(2): prior code § 10.220(2); Ord. No. 2012-008, § 4, 1-142013; Ord. No. 2016-003, § 1(Exh. A), 5-23-2016; Ord. No. 2017-006, § 2, 11-13-2017; Ord.
No. 2018-002, § 1, 8-13-2018; Ord. No. 2018-003, § 3(Exh. 6), 10-8-2018)

SECTION 7:
AMENDMENT “16.16.040 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.16.040 Standards
The following standards shall apply in an R-1 zone:
A. Lot Size and Dimensions.
1. The minimum lot size shall be seven thousand five hundred (7,500) square
feet.
2. Minimum lot frontage for a flag lot shall be twenty-five (25) feet.
3. No lot area, yard, off-street parking or loading area, or other required open
space for one use shall be used as the required lot area, yard, off-street parking
or loading area, or other required open spaces for another use.
B. Parking Requirements. The number of off-street parking spaces as required by EMC
16.76 shall be provided.
C. Setbacks.
1. The front setback shall be a minimum of twenty (20) feet.
2. Side setbacks for commonwall dwellings shall be as follows:
The minimum side setback for the common side of attached dwellings is zero
(0) feet.Two-unit commonwall dwellings shall meet the side setback standard
provided in Subsection 3 for sides that are not attached.
3. Minimum side setbacks shall be five (5) feet., except:The common side of a
commonwall dwelling, which is zero (0) feet.Dwellings with a second story
bedroom window that faces a side yard and is situated more than fifteen (15)
feet above the ground level. As demonstrated in Figure 1 below, the minimum
side setback is calculated by dividing the lower windowsill height (the
distance from the lower windowsill to grade level directly below the center of
the window) by three. Such windows used for egress must have minimum
dimensions of at least three feet by three feet. The bedroom may instead be
equipped with an automatic fire sprinkler system, unless otherwise approved
by the City.If a public utility easement (PUE) exists on the side property line,
the side yard setback shall be equal to the width of the PUE, if greater than the
side yard setback required above.
a. Figure 1.

Page 23

Exhibit 1

4. The rear setback shall be a minimum of fifteen (15) feet. except:
5. The supplemental standards and exceptions of EMC 16.60 and
16.61.060.C.3.a (regarding detached accessory dwelling units) shall apply.An
accessory structure not used for human habitation and separated from the main
building may be located up to five (5) feet from a rear property line.On a
corner lot, setbacks required from the rear property line shall be the same as
required for side yards.Detached accessory dwelling units are allowed
exceptions to rear setbacks as provided in EMC 16.61.060.C.3.a.
D. Sidewalks. Sidewalks, driveways and service driveways shall conform to standards
established by this code.
E. Fences.
1. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit.
2. Fences described above are subject to clear vision regulations of EMC
16.60.010 and EMC 8.12.050 limiting the use of barbed wire and electrical
fences.
F. Drainage. An applicant for a building permit shall submit a plan showing width, depth,
and direction of flow of all drainage channels on property. In addition, the location,
size and type of conduit used in drainage channels and driveway accesses shall be
clearly delineated. Water from roof drains and other impervious surfaces shall not be
concentrated and directed so as to cause damage to property and shall be disposed of
in accordance with EMC 13.08.010.
G. Excavation/Fill. A plan shall be submitted showing cubic yards removed or filled. The
plan shall be certified by a registered professional engineer for the removal or fill of
more than fifty (50) cubic yards of material.
H. Building Height.
1. No building shall exceed a height of thirty-five (35) feet, except public schools
or churches which may be forty-five (45) feet.
2. When a property in the R-1 zone is located in the Airport Safety and
Compatibility Overlay Zone, all buildings thereupon shall comply with the
height limitations in EMC 16.54.030. Whenever height limitations in this
section are more restrictive than those in EMC 16.54.030, the height
limitations of this section shall control.
I. Lot Coverage. Except as provided below, buildings including accessory structures and
garages shall not occupy more than fifty-five (55) percent of the total lot area.
1. Each commonwall dwelling may occupy up to seventy (70) percent of an
individual lot.
2. Accessory dwelling units are allowed exceptions to rear setbacks as provided

Page 24

Exhibit 1

in EMC 16.61.060.A.5.
J. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.
K. Structure and Facade Design. Each structure containing a dwelling unit, except
temporary dwellings approved pursuant to EMC 16.80, shall include at least three (3)
of the following features visible to the street (if on a corner lot, visible to the street
where the dwelling takes access):
1. A covered porch at least two feet deep;
2. An entry area recessed at least two feet from the exterior wall to the door;
3. A bay or bow window (not flush with the siding);
4. An offset on the building face of at least sixteen (16) inches from one exterior
wall surface to the other;
5. A dormer;
6. A gable;
7. Roof eaves with a minimum projection of twelve (12) inches from the
intersection of the roof and the exterior walls;
8. Roof line offsets of at least sixteen (16) inches from the top surface of one roof
to the top surface of the other;
9. An attached garage;
10. Orientation of the long axis and front door to the street;
11. Cupolas;
12. Tile or shake roofs;
13. Horizontal lap siding.
L. Housing Mix Requirements in Subdivisions. In the R-1 zone, subdivisions that are five
(5) acres or larger shall provide a mix of housing types, unless they are entirely
composed of single-family detached dwellings or manufactured homes. Housing types
other than single-family detached dwellings and manufactured homes are limited based
on the size of the overall subdivision site, as provided below:
1. Five (5) or more acres in area, but less than ten (10) acres: no more than thirty
percent (30%) of the lots shall be developed with any single type of housing.
2. Ten (10) or more acres in area: no more than twenty percent (20%) of the lots
shall be developed with any single type of housing.
M. Open Spaces and Natural Resource Protections.
1. Development of structures within seventy (70) feet of the mean high water
line of Currin Creek is prohibited.
2. Notwithstanding EMC 16.16.040(M)(1), the following are allowed within the
required buffer area, provided they are authorized as required by relevant state
and federal authorities:
a. Trails, boardwalks, and other pedestrian and/or bicycle amenities; and
b. Culverts and public stream crossings.
3. Divisions of land that are in the R-1 zone and are either crossed by or adjacent
to Currin Creek shall include the dedication of a buffer strip along the creek
that includes all areas within seventy (70) feet of the mean high-water line of
the portions of the creek crossing or adjacent to the subject property.
N. Access and Circulation
1. Vehicle access shall conform to EMC 16.116.010(D), where applicable.
2. Development shall conform to all of the standards for pedestrian access and
circulation in EMC 16.75, where applicable.

Page 25

Exhibit 1

(Ord. 2004-2 § 3; Ord. 2000-26 § 1(3): prior code § 10.220(3); Ord. No. 2010-004, § 1, 3-282011; Ord. No. 2017-006, § 2, 11-13-2017; Ord. No. 2018-001, § 1, 6-11-2018; Ord. No.
2018-002, § 1, 8-13-2018)

SECTION 8:
AMENDMENT “16.20.010 Purpose” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.20.010 Purpose
The R-2 zone is intended for residential uses at a moderate density, including single-unitfamily
dwellings and middle housing. In an R-2 zone, the following regulations shall apply.
(Ord. 2000-26 § 2 (part) prior code § 10.221 (part); Ord. No. 2017-006, § 3, 11-13-2017; Ord.
No. 2018-002, § 1, 8-13-2018)

SECTION 9:
AMENDMENT “16.20.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.20.020 Uses Permitted Outright
The following uses and their accessory uses (see EMC 16.82) are permitted in an R-2 zone:
A. A use permitted outright in the R-1 zone;
B. Triplex;
C. Commonwall dwellings up to three units;
D. Cottage clusters with up to four dwelling units, subject to EMC 16.60.080; up to three
units.
E. Manufactured dwelling park, subject to EMC 16.96.
(Ord. 2004-2 § 4: Ord. 2000-26 § 2(1): prior code § 10.221(1); Ord. No. 2017-006, § 3, 1113-2017; Ord. No. 2018-002, § 1, 8-13-2018)

SECTION 10:
AMENDMENT “16.20.030 Conditional Uses Permitted” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.20.030 Conditional Uses Permitted
The following uses and accessory uses (see EMC 16.82) may be permitted in a medium
density residential district subject to EMC 16.88.020 and the review procedures in EMC
16.132.010 through EMC 16.132.050:

Page 26

Exhibit 1

A. A use permitted as a conditional use in the R-1 zone.;
B. Middle housing types with four dwelling units;Manufactured dwelling park.
(Ord. 2000-26 § 2(2): prior code § 10.221(2); Ord. No. 2017-006, § 3, 11-13-2017; Ord. No.
2018-002, § 1, 8-13-2018)

SECTION 11:
AMENDMENT “16.20.040 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.20.040 Standards
The following standards shall apply in an R-2 zone:
A. Lot Size and Dimensions.
1. Except as provided in Subsection 2,the minimum lot size shall be as follows:
Single-unitfamily dwelling

5,000 square feet

Duplex, triplex or fourplex

2,500 square feet per dwelling unit

Commonwall dwellings

2,500 square feet per lot for each
dwelling unit

Cottage cluster

2,500 square feet per dwelling unit

2. Exception for Conversions. When a triplex or fourplex is created by internally
converting, or expanding the floor area of an existing single-unitfamily
dwelling, the minimum lot size shall be 7,500 square feet.
3. Minimum lot frontage for a flag lot shall be twenty-five (25) feet.
4. No lot area, yard, off-street parking or loading area, or other required open
space for one use shall be used as the required lot area, yard, off street parking
or loading area, or other required open spaces for another use.
B. Parking Requirements. The number of off-street parking spaces as required by EMC
16.76 shall be provided.
C. Setbacks.
1. The front setback shall be a minimum of fifteen (15) feet, but a minimum of
twenty (20) feet to any garage door or carport motor vehicle entry.
2. Side setbacks for commonwall dwellings shall be as follows:
a. The minimum side setback for the common side of attached dwellings
is zero (0) feet.
b. Two-unit and three-unit commonwall dwellings shall meet the side
setback standard provided in Subsection 3 for sides that are not
attached.
c. Commonwall dwellings with four units shall have a minimum side
setback of ten (10) feet for the sides that are not attached.
3. Minimum side setbacks shall be five (5) feet., except:
a. The common side of a commonwall dwelling, which is zero (0)
feet.
b. Dwellings with a second story bedroom window that faces a

Page 27

Exhibit 1

side yard and is situated more than fifteen (15) feet above the
ground level. As demonstrated in Figure 1 below, the minimum
side setback is calculated by dividing the lower windowsill
height (the distance from the lower windowsill to grade level
directly below the center of the window) by three. Such
windows used for egress must have minimum dimensions of at
least three feet by three feet. The bedroom may instead be
equipped with an automatic fire sprinkler system, unless
otherwise approved by the City.
c. If a public utility easement (PUE) exists on the side property
line, the side yard setback shall be equal to the width of the
PUE, if greater than the side yard setback required above.
Figure 1.

4. The rear setback shall be a minimum of fifteen (15) feet. except:
a. An accessory structure not used for human habitation and separated
from the main building may be located up to five (5) feet from a rear
property line.
b. On a corner lot, setbacks required from the rear property line shall be
the same as required for side yards.
c. Detached accessory dwelling units are allowed exceptions to rear
setbacks as provided in EMC 16.61.060.C.3.a.
5. The supplemental standards and exceptions of EMC 16.60 and
16.61.060.C.3.a regarding detached accessory dwelling units shall apply.
D. Sidewalks. Sidewalks, driveways and service driveways shall conform to standards
established by this code.
E. Fences.
1. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit.
2. Fences described above are subject to clear vision regulations of EMC
16.60.010 and EMC 8.12.050 limiting the use of barbed wire and electrical
fences.
F. Drainage. An applicant for a building permit shall submit a plan showing width, depth,
and direction of flow of all drainage channels on property. In addition, the location,
size and type of conduit used in drainage channels and driveway accesses shall be
clearly delineated. Water from roof drains and other impervious surfaces shall not be
concentrated and directed so as to cause damage to property and shall be disposed of

Page 28

Exhibit 1

in accordance with EMC 13.08.010.
G. Excavation/Fill. A plan shall be submitted showing cubic yards removed or filled and
the plan should be certified by a registered professional engineer for the removal or fill
of more than fifty (50) cubic yards of material.
H. Building Height.
1. No building shall exceed a height of thirty-five (35) feet, except public schools
or churches which may be forty-five (45) feet.
2. When a property in the R-2 zone is located in the Airport Safety and
Compatibility Overlay Zone, all buildings thereupon shall comply with the
height limitations in EMC 16.54.030. Whenever height limitations in this
section are more restrictive than those in EMC 16.54.030, the height
limitations of this section shall control.
I. Lot Coverage. Except as provided below, buildings including accessory structures and
garages shall not occupy more than fifty-five (55) percent of the total lot area.
1. Each commonwall dwelling may occupy up to seventy (70) percent of its
individual lot.
2. Accessory dwelling units are allowed exceptions to rear setbacks as provided
in EMC 16.61.060.A.5.
J. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal:1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.
K. Access and Circulation:
1. Vehicle access shall conform to EMC 16.116.010(D), where applicable.
2. Development shall conform to all of the standards for pedestrian access and
circulation in EMC 16.75, where applicable.
(Ord. 2000-26 § 2(3): prior code § 10.221(3); Ord. No. 2010-004, § 2, 3-28-2011; Ord. No.
2017-006, § 3, 11-13-2017; Ord. No. 2018-002, § 1, 8-13-2018)

SECTION 12:
AMENDMENT “16.24.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.24.020 Uses Permitted Outright
The following uses and their accessory uses (see EMC 16.82) are permitted in an R-3 zone:
A. A use permitted outright in the R-1 or R-2 zone, except for new single-unitfamily
dwelling or manufactured home;
B. Single-unitfamily dwelling and duplex or manufactured home legally existing and
assessed as dwellings on January 12, 2022;
C. Alterations to a legally-established dwelling described in EMC 16.24.020 Subsection
(B), as well as the replacement of such a dwelling, provided the dwelling to be
replaced has remained a dwelling on the subject property, with intact walls and roof
structure, indoor plumbing connected to a sanitary waste disposal system, interior
wiring for interior lights, and a heating system, without a gap of twelve (12)
consecutive months since January 12, 2022;

Page 29

Exhibit 1

D. Fourplex
E. Multi-unitfamily dwelling;
F. Commonwall dwellings;
G. Cottage cluster, subject to EMC 16.60.080;:
H. Large childcare facility as defined in EMC 16.08 not within the area south-west of
ORHWY 224 and north-west of SW Dogwood Street.
I. Single Room Occupancy, with up to three times the density allowed by the zone;
J. Residential facility as defined in EMC 16.08 and according to the requirements and
limitations of ORS 197.660 through .667;
K. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
L. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385.
(Ord. 2000-26 § 3(1): prior code § 10.222(1); Ord. No. 2017-006, § 4, 11-13-2017)

SECTION 13:
AMENDMENT “Chapter 16.24 MULTIPLE FAMILY
RESIDENTIAL (R-3)” of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
Chapter 16.24 MULTIPLE FAMILYUNIT RESIDENTIAL (R-3)

SECTION 14:
AMENDMENT “16.24.030 Conditional Uses Permitted” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.24.030 Conditional Uses Permitted
The following uses and accessory uses (see EMC 16.82) may be permitted in the R-3 zone
subject to EMC 16.88.020 and the review procedures in EMC 16.132.010 through EMC
16.132.050:
A. A use permitted as a conditional use in the R-1 or R-2 zone;
B. Hotel, motel or resort;
C. Recreational vehicle park;
D. Hospital, nursing home, retirement home, convalescent care facility or similar facility;
E. Large childcare facility as defined in EMC 16.08 within the area south-west of
ORHWY 224 and north-west of SW Dogwood Street.
(Ord. 2000-26 § 3(2): prior code § 10.222(2); Ord. No. 2017-006, § 4, 11-13-2017)

SECTION 15:
AMENDMENT “16.24.040 Standards” of the Estacada
Municipal Code is hereby amended as follows:

Page 30

Exhibit 1

AMEN DMEN T
16.24.040 Standards
The following standards shall apply in an R-3 zone:
A. Lot Size and Dimensions:
1. Except as provided in Subsection 2, the minimum lot size shall be as follows:
Duplex, triplex or fourplex

2,500 square feet per dwelling unit

Commonwall Dwellings

2,500 square feet per lot for each
dwelling unit

Cottage Cluster

2,500 square feet per dwelling unit

Multi-unitfamily dwelling

See Maximum and Minimum
Residential Density under EMC
16.60.060 and .070Section
16.24.040.B.

Motel, hotel, or resort

1,500 square feet per guest unit

2. Exception for Conversions. When a duplex, triplex, or fourplex is created by
internally converting, or expanding the floor area of an existing singleunitfamily dwelling, no minimum lot size shall apply.
3. Minimum lot frontage for a flag lot shall be twenty-five (25) feet.
4. No lot area, yard, off-street parking or loading area, or other required open
space for one use shall be used as the required lot area, yard, off-street parking
or loading area, or other required open spaces for another use.
B. Maximum Residential Density. Maximum residential density for multi-family
dwellings shall be 30 dwelling units per net acre. See EMC 16.60.060.
C. Minimum Residential Density. New residential subdivisions and new multi-family
dwellings are subject to the minimum density standards of EMC 16.60.070.
D. Parking Requirements. The number of off-street parking spaces as required by EMC
16.76 shall be provided.
E. Setbacks.
1. The front setback shall be a minimum of fifteen (15) feet, but a minimum of
twenty (20) feet to any garage door or carport motor vehicle entry.
2. Side setbacks for commonwall dwellings shall be as follows:
a. The minimum side setback for the common side of attached dwellings
is zero (0) feet.
b. Two-unit and three-unit commonwall dwellings shall meet the side
setback standard provided in Subsection 3 for sides that are not
attached.
c. Commonwall dwellings with four units shall have a minimum side
setback of ten (10) feet for the sides that are not attached.
3. Minimum side setbacks shall be five (5) feet., except:
a. Commonwall dwellings as provided for in Subsection 2.
b. Dwellings with a second story bedroom window that faces a side yard
and is situated more than fifteen (15) feet above the ground level. As
demonstrated in Figure 1 below, the minimum side setback is
calculated by dividing the lower windowsill height (the distance from

Page 31

Exhibit 1

the lower windowsill to grade level directly below the center of the
window) by three. Such windows used for egress must have
minimum dimensions of at least three feet by three feet. The bedroom
may instead be equipped with an automatic fire sprinkler system,
unless otherwise approved by the City.
c. If a public utility easement (PUE) exists on the side property line, the
side yard setback shall be equal to the width of the PUE, if greater
than the side yard setback required above.
Figure 1.

4. The rear setback shall be a minimum of fifteen (15) feet. except:
5. The supplemental standards and exceptions of EMC 16.60, as well as
16.61.060(C)(3)(a) regarding detached accessory dwelling units shall apply.
a. An accessory structure not used for human habitation and separated
from the main building may be located up to five (5) feet from a rear
property line.
b. On a corner lot, setbacks required from the rear property line shall be
the same as required for side yards.
c. Detached accessory dwelling units are allowed exceptions to rear
setbacks as provided in EMC 16.61.060.C.3.a.
F. Sidewalks. Sidewalks, driveways and service driveways shall conform to standards
established by this code.
G. Fences.
1. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit.
2. Fences described above are subject to clear vision regulations of EMC
16.60.010 and EMC 8.12.050 limiting the use of barbed wire and electrical
fences.
H. Drainage. An applicant for a building permit shall submit a plan showing width, depth,
and direction of flow of all drainage channels on property. In addition, the location,
size and type of conduit used in drainage channels and driveway accesses shall be
clearly delineated. Water from roof drains and other nonimpervious surfaces shall not
be concentrated and directed so as to cause damage to property and shall be disposed
of in accordance with EMC 13.08.010.
I. Excavation/fill. A plan shall be submitted showing cubic yards removed or filled and

Page 32

Exhibit 1

the plan should be certified by a registered professional engineer for the removal or fill
of more than fifty (50) cubic yards of material.
J. Building Height.
1. No building shall exceed a height of thirty-five (35) feet, except multiunitfamily dwellings, public schools or churches which may be forty-five (45)
feet.
2. When a property in the R-3 zone is located in the Airport Safety and
Compatibility Overlay Zone, all buildings thereupon shall comply with the
height limitations in EMC 16.54.030. Whenever height limitations in this
section are more restrictive than those in EMC 16.54.030, the height
limitations of this section shall control.
K. Lot Coverage. Except as provided below, buildings including accessory structures and
garages shall not occupy more than fifty-five (55) percent of the total lot area.
1. Each commonwall dwelling may occupy up to seventy (70) percent of its
individual lot.
2. Accessory dwelling units are allowed exceptions to rear setbacks as provided
in EMC16.61.060.A.5.
L. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal : 1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.
M. Access and Circulation:
1. Vehicle access shall conform to EMC 16.116.010(D), where applicable.
2. Development shall conform to all of the standards for pedestrian access and
circulation in EMC 16.75, where applicable.
N. Landscaping:
1. A minimum of five percent (5%) of the area developed, which includes but is
not limited to areas developed for off-street parking, driveways, and aboveground utility facilities, shall be landscaped in accordance with EMC 16.77.
(Ord. 2000-26 § 3(3): prior code § 10.222(3); Ord. No. 2010-004, § 3, 3-28-2011; Ord. No.
2017-006, § 4, 11-13-2017; Ord. No. 2018-002, § 1, 8-13-2018)

SECTION 16:
AMENDMENT “16.25.010 Purpose” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.25.010 Purpose
The NCR zone implements the North City Residential Comprehensive Plan policies. The zone
is intended to establish a variety of housing types to meet the City's rental and affordable
housing needs, while focusing multi-unitfamily housing nearer to major roads, protecting
natural features and existing residential land uses, and allowingproviding for open space.

SECTION 17:
AMENDMENT “16.25.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:

Page 33

Exhibit 1

AMEN DMEN T
16.25.020 Uses Permitted Outright
The following uses and their accessory uses (see EMC 16.82) are permitted in the NCR zone:
A. Single-unitfamily dwelling built on site and not within 200 feet of SE Eagle Creek Rd;
B. Single-family factory-built (modular) dwelling not within 200 feet of SE Eagle Creek
Rd;
C. Single-unitfamily dwelling within 200 feet of SE Eagle Creek Rd legally existing and
assessed as a dwelling on December 1, 2019;
D. Single Room Occupancy of six (6) attached units or less, wihtin 200 feet of SE Eagle
Creek Road.
E. Alterations to a legally-established dwelling described in EMC 16.25.020 Subsection
(C), as well as the replacement of such a dwelling, provided the dwelling to be
replaced has remained a dwelling on the subject property, with intact walls and roof
structure, indoor plumbing connected to a sanitary waste disposal system, interior
wiring for interior lights, and a heating system, without a gap of twelve (12)
consecutive months since December 1, 2019;
F. Duplex and two-unit commonwall dwellings;
G. Multi-unitfamily dwelling within 200 feet of SE Eagle Creek Rd, SE Hinman Rd, or a
street with a major collector classification or higher classification;
H. Triplex, fourplex, or commonwall dwelling with three or more dwelling units within
200 feet of SE Eagle Creek Rd, SE Hinman Rd, or a street with a major collector
classification or higher classification;
I. Cottage cluster, subject to EMC 16.60.080;
J. Small childcare facility as defined in EMC 16.08;
K. Single Room Occupancy not within 200 feet of SE Eagle Creek Road, with up to
three times the density allowed by the zone;
L. Large childcare facility as defined in EMC 16.08, within 200 feet of SE Eagle Creek
Rd, SE Hinman Rd, a street with a major collector classification or higher
classification, or located within an existing church or school facility;
M. Youth support services facility as defined in EMC 16.08, within 200 feet of SE Eagle
Creek Rd, SE Hinman Rd, a street with a major collector classification or higher
classification, or located within an existing church or school facility;
N. Public park;
O. Residential facility as defined in EMC 16.08 and according to the requirements and
limitations of ORS 197.660 though .667;
P. Residential home as defined in EMC 16.08 and according to the requirements and
limitations of ORS 197.660 through .667;
Q. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
R. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;;
S. Short-term rental subject to the provisions of EMC 16.62;
T. Community garden;
U. Home occupation as defined in EMC 16.92 that involves no customer traffic, retail
sales, signs, or any other outward appearance of a business;
V. Pedestrian and multi-use trail, path, or boardwalk.

Page 34

Exhibit 1

SECTION 18:
AMENDMENT “16.25.030 Accessory Uses Permitted” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.25.030 Accessory Uses Permitted
Travel trailer or recreational vehicle stored unoccupied and not within required residential
setbacks on a lot in combination with an approved dwelling; andAccessory uses subject to the
provisions of EMC 16.82, including, but not limited to:
A. Travel trailer or recreational vehicle stored unoccupied and not within required
residential setbacks on a lot in combination with an approved dwelling; and
B. Accessory dwelling unit (ADU) subject to the provisions of EMC 16.61.

SECTION 19:
AMENDMENT “16.25.040 Conditional Uses Permitted” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.25.040 Conditional Uses Permitted
A. Church, nonprofit religious or philanthropic institution, and associated activities
according to ORS 227.500;;
B. Fraternal organization or other private membership club;
C. Large childcare facility as defined in EMC 16.08, not within 200 feet of SE Eagle
Creek Rd, SE Hinman Rd, a street with a major collector classification or higher
classification, nor located within an existing church or school facility;
D. Youth support services facility as defined in EMC 16.08, not within 200 feet of SE
Eagle Creek Rd, SE Hinman Rd, a street with a major collector classification or higher
classification, nor located within an existing church or school facility;
E. New public school or any private school offering curriculum similar to public school.
.

SECTION 20:
AMENDMENT “16.25.050 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.25.050 Standards
A. Lot Size and Dimensions:
1. Except as provided in Subsection 2, the minimum lot size shall be as follows:
Single-family dwelling

5,000 square feet

Page 35

Exhibit 1

Duplex, triplex or fourplex

2,500 square feet per dwelling unit

Commonwall dwellings

2,500 square feet per lot for the first
five dwelling units,
1,500 square feet per lot for each unit
above five in a development.

Multi-unitfamily dwellings

See Maximum and Minimum
Residential Density under EMC
16.60.060 and .07025.050.B.

Cottage clusters

2,500 square feet per cottage

2. Exception for Conversions. When a duplex, triplex, or fourplex is created by
internally converting, or expanding the floor area of an existing singleunitfamily dwelling, no minimum lot size shall apply.
B. Maximum Residential Density. Maximum residential density for multi-family
dwellings shall be thirty (30) dwelling units per net acre. See EMC 16.60.060.
C. Minimum Residential Density. New residential subdivisions and new multi-family
dwellings are subject to the minimum density standards of EMC 16.60.070.
D. Setbacks:
1. The front setback shall be a minimum of fifteen (15) feet, but a minimum of
twenty (20) feet to any garage door or carport motor vehicle entry.
2. Minimum side setbacks shall be five (5) feet., except:
a. The common side of a commonwall dwelling, which is zero (0) feet.
b. Dwellings with a second story bedroom window that faces a side yard
and is situated more than fifteen (15) feet above the ground level. As
demonstrated in Figure 1 below, the minimum side setback is
calculated by dividing the lower windowsill height (the distance from
the lower windowsill to grade level directly below the center of the
window) by three. Such windows used for egress must have
minimum dimensions of at least three feet by three feet. The bedroom
may instead be equipped with an automatic fire sprinkler system,
unless otherwise approved by the City.
c. If a public utility easement (PUE) exists on the side property line, the
side yard setback shall be equal to the width of the PUE, if greater
than the side yard setback required above.
Figure 1.

Page 36

Exhibit 1

3. The rear setback shall be a minimum of fifteen (15) feet., except:
a. An accessory structure not used for human habitation or for a
commercial use, and that is separated from the main building may be
located up to five (5) feet from a rear property line.
b. On a corner lot, setbacks required from the rear property line shall be
the same as required from Eagle Creek Rd.
c. Detached accessory dwelling units are allowed exceptions to rear
setbacks as provided in EMC 16.61.060.C.3.a.
4. Notwithstanding other provisions of this chapter, no minimum setback
distance is required from Eagle Creek Rd.
5. The supplemental standards and exceptions of EMC 16.60, as well as
16.61.060(C)(3)(a) regarding detached accessory dwelling units shall apply.
E. Fences.
1. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit.
2. Fences described above are subject to clear vision regulations of EMC
16.60.010 and EMC 8.12.050 limiting the use of barbed wire and electrical
fences.
F. Parking Requirements:
1. The number of off-street parking spaces as required in EMC 16.76 shall apply
in the NCR zone.
2. Motor vehicle parking areas fronting Eagle Creek Rd, and motor vehicle
parking areas separated from Eagle Creek Rd only by landscaping and/or
fencing, are prohibited.
G. Sidewalks and Driveways: Sidewalks, driveways, and service driveways shall
conform to standards established by this code.
H. Building Height: Buildings shall not exceed the maximum height of thirty-five (35)
feet, except that multi-family dwellings may be forty-five (45) feet in height.
I. Landscaping:
1. A minimum of five percent of the area developed with an authorized
conditional use shall be landscaped in accordance with EMC 16.77. "Area
developed" includes but is not limited to areas developed for off-street
parking, driveways, and above-ground utility facilities.
2. In addition to the five-percent (5%) minimum landscaping requirement,
authorized conditional uses adjacent to Eagle Creek Rd, Hinman Rd, or a
major collector shall have landscaping that includes trees with canopies that

Page 37

Exhibit 1

provide shade to pedestrians along those adjacent streets' rights-of-way.
J. Open spaces and natural resource protections:
1. Development of structures within seventy (70) feet of the mean high water
line of Currin Creek is prohibited.
2. Notwithstanding EMC 16.25.050(J)(1), the following are allowed within the
required buffer area, provided they are authorized as required by relevant state
and federal authorities:
a. Trails, boardwalks, and other pedestrian and/or bicycle amenities;
b. Culverts and public stream crossings.
3. Divisions of land that are in the NCR zone and are either crossed by or
adjacent to Currin Creek shall include the dedication of a buffer strip along the
creek that includes all areas within seventy (70) feet of the mean high-water
line of the portions of the creek crossing or adjacent to the subject property.
K. Access and Circulation:
1. Vehicle access shall conform to EMC 16.116.010(D), where applicable.
Design Standards and Improvements.
2. Development shall conform to all of the standards for pedestrian access and
circulation in EMC 16.75, where applicable..020.
L. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.

SECTION 21:
AMENDMENT “16.26.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.26.020 Uses Permitted Outright
The following uses and their accessory uses (see EMC 16.82) are permitted in the D zone:
A. Retail store or shop such as food stores, drug stores, apparel stores, hardware stores,
furniture stores or similar establishments;
B. Repair shop for the type of goods offered for sale in retail trade establishments
permitted in the D zone provided all repair and storage shall occur entirely within an
enclosed building;
C. Personal or business service establishment such as barber or beauty shop, laundry or
dry cleaning establishment, print shop or similar establishment;
D. Multi-family dwelling, triplex, or fourplex, provided that the following standards are
met:
1. Ground floor residential uses do not front Broadway Street, Main Street, or
OR 224. Ground floor residential uses are prohibited in all areas of the
Downtown Zone located south of OR 224;
2. The residential density of the development is not less than sixteen (16)
dwelling units per acre; and
3. The standards of EMC 16.26.040 Subsection H are met.
E. Professional office or medical facility;
F. Hotel, motel or resort;

Page 38

Exhibit 1

G. Short-term rental subject to the provisions of EMC 16.62;
H. Indoor commercial amusement or recreation establishment such as a bowling alley,
theater or pool hall;
I. Mortuary;
J. Private museum, art gallery or similar facility;
K. Restaurant, bar or tavern; includes brewery or distillery in conjunction with a primary
permitted use;
L. Automobile service station, existing as of September 1, 2012, subject to EMC
16.26.040 Subsection H;
M. Governmental use such as city hall, fire station, police station or governmental office;
N. Public park or plaza;
O. Live/work space provided that work activities are uses permitted outright and work
space exclusively fronts the street most likely to receive the most pedestrian traffic;
P. Manufacturing in conjunction with retail trade establishments permitted in the D Zone,
except for processing and packaging of explosive chemical materials and
environmentally hazardous materials, provided retail trade exclusively fronts the street
most likely to receive the most pedestrian traffic;
Q. Small childcare facility as defined in EMC 16.08;
R. Large childcare facility as defined in EMC 16.08;
S. Youth support services facility as defined in EMC 16.08;
T. No more than two food carts on a lot of record, subject to EMC 16.66.
U. Residential facility or residential home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197.660 through .667;
V. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
W. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385.
(Ord. No. 2012-005, § 3, 9-10-2012; Ord. No. 2015-006, § 2, 1-11-2016; Ord. No. 2016-003,
§ 1(Exh. A), 5-23-2016; Ord. No. 2017-006, § 5, 11-13-2017)

SECTION 22:
AMENDMENT “16.26.030 Conditional Uses Permitted” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.26.030 Conditional Uses Permitted
The following uses and accessory uses (see EMC 16.82) may be permitted in the D zone
subject to EMC 16.88.020 and the review procedures in EMC 16.132.010 through EMC
16.132.050:
A. Any nonresidential conditional use in the R-1, R-2, or R-3 zone which is not already
listed above as permitted outright ;
B. Outdoor commercial amusement or recreation establishment such as miniature golf
courses or drive-in theaters, but not including uses such as racetracks or automobile
speedways;
C. Cabinet or similar woodworking shop;
D. Lumber or building materials, sales or storage; except within one hundred (100) feet of
Broadway Street;

Page 39

Exhibit 1

E. Mini-warehouse, except within one hundred (100) feet of Broadway Street;
F. Processing and packaging of non-explosive chemical materials and nonenvironmentally hazardous materials;
G. Auto detail shop, except within one hundred (100) feet of Broadway Street;
H. Automobile service station, except within one hundred (100) feet of Broadway Street,
and subject to EMC 16.26.040 Subsection H;
I. Drive-through facility, including car wash, drive-up window, coffee/food kiosk,
automatic teller machine, and similar uses not otherwise listed, provided such uses
shall conform to EMC 16.26.040 Subsection H;
J. Radio, television or cellular transmission tower;
K. Transportation facility not identified in the city's transportation system plan or active
transportation plan;
L. More than two food carts on a lot of record, subject to EMC 16.66.
(Ord. No. 2012-005, § 3, 9-10-2012; Ord. No. 2017-006, § 5, 11-13-2017; Ord. No. 2018003, § 3(Exh. 6), 10-8-2018)

SECTION 23:
AMENDMENT “16.26.040 Development Standards” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.26.040 Development Standards

The following standards shall apply in the D zone:
A. Lot Size and Dimensions. The minimum lot size and dimensions in the D zone shall
be as follows:
1. Minimum lot size: none.
B. Parking Requirements.
1. There is no minimum off-street parking requirement for uses located within
one hundred (100) feet of Broadway Street between OR 224 and 2nd
Avenue.
2. Uses in the D zone but located outside the above described area are required
to provide off-street parking in accordance with EMC 16.76, except that the
number of required off-street parking spaces may be reduced by twenty (20)
percent in the D zone, per EMC 16.76.010(Q)(2).
3. Off-street parking shall not be located between a primary building entrance
and the street(s) to which it is oriented; off-street parking shall be oriented
internally to the block (beside or behind a building) and accessed by an alley
or local street to the extent practicable, except where:
a. The existing pattern of commercial development along OR 224
precludes compliance with the above standard; in which case, the
proposed parking lot shall connect to, and establish by deed,
reciprocal access easements for adjoining parking lots wherever
feasible.
b. A use is oriented to the Clackamas River.
C. Setbacks.
1. Front and Street Side setbacks: Zero (0) feet minimum and five (5) feet

Page 40

Exhibit 1

maximum, except five (5) feet minimum and ten (10) feet maximum for
development abutting 2nd Avenue or 224.
The maximum setback standard is met when a minimum of fifty (50) percent
of a primary structure is placed within the required yard area. The maximum
setback may be extended where the city approves plaza space between
building and sidewalk. Where a setback is provided, the area shall be
landscaped or otherwise improved as an extension of the sidewalk or plaza
space,in accordance with EMC 16.77..
2. Side setback: Zero feet for common wall development and ten (10) feet if
abutting a residential zone; otherwise setback shall conform to building code.
3. Rear setback: Zero feet for common wall development and ten (10) feet if
abutting a residential zone; otherwise setback shall conform to building code.
4. Special Street Setbacks: Additional setback dimensions may be required
where a structure or building addition is proposed adjacent to an existing or
planned street, and that street is proposed for widening or relocation. In such
cases, the setback shall be the minimum prescribed above, plus one-half of the
ultimate planned street right-of-way width, as measured from the street
centerline.
D. Sidewalks. Sidewalks, driveways and service driveways shall conform to standards
established by this code and shall be consistent with the street cross sections of the
Estacada Transportation System Plan.
E. Fences and Walls.
1. A solid fence or wall of not less than six (6) feet in height, or other screening
approved by the city decision-making body, shall be required along a property
line that is the district boundary with an abutting residential district.
2. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit.
3. Fences described above are subject to clear vision regulations of EMC
16.60.010 and EMC 8.12.050 limiting the use of barbed wire and electrical
fences.
F. Building Height. Buildings shall reachexceed the minimum height of seventeen (17)
feet and shall not exceed the maximum height of sixty-five (65) feet.
G. Landscaping.
1. A minimum of five percent (5%) of the area developed, which includes but is
not limited to areas developed for off-street parking, driveways, and aboveground utility facilities, shall be landscaped in accordance with EMC 16.77..
2. New public streetscape improvements such as plazas and extended sidewalks
width adjacent to a proposed project shall be credited toward the required
landscape area, provided such improvements include 1) street trees or planters;
and 2) street furnishings, such as benches or other pedestrian amenities, as
defined in EMC 16.08.010 and consistent with the street cross sections of the
Estacada Transportation System Plan.
3. Where outdoor storage is permitted, it shall be screened with either a sightobscuring fence or a buffer strip of vegetation, as required by the city
decision-making body.
H. Access and Circulation.
1. Vehicle access shall conform to EMC 16.116, Design Standards and
Improvements. In addition, the following standards shall apply within the
Downtown District:
a. No direct vehicle access is allowed from Broadway Street between
OR 224 and 3rd Avenue;

Page 41

Exhibit 1

b. Access to Main Street, Acacia Road, Currin Street, and OR 224
between Broadway Street and Acacia Street shall be subject to the
South Downtown Circulation and Access Plan (Downtown and
Riverside Area Plan);
c. ANon-residential access in other locations shall be minimized by
providing shared access, interconnected driveways (with reciprocal
access easements), and other methods, to the greatest extent
practicable.
2. Drive-through facilities.
a. Where drive-through facilities (including drive-up window, teller
machine, vehicle queuing area, and similar facilities) are permitted,
they shall not be located adjacent to Broadway Street and shall not be
placed between any street sidewalk and any primary building entrance
used to conform to the Downtown Design Guidelines or Building
Orientation standards outlined in EMC 16.26.050.
b. The driveway access(es) and vehicle queuing area(s) for a drivethrough facility shall be screened to reduce off-site impacts such as
vehicle noise/fumes, and light spillover/glare at night, and designed to
avoid parked, waiting, or backing vehicles from encroaching onto any
pedestrian walkway or public right-of-way.
c. The Planning Commission may require other mitigation measures to
protect the public health, safety, and welfare pursuant with EMC
16.88 Conditional Uses.
I. Clackamas Riverside. In order to implement the Transportation System Plan, new
development on parcels adjacent to or containing the Lakeshore Trail shall conform to
all of the following standards:
1. Compliance with Clackamas River setbacks and erosion control measures and
“Wild and Scenic River” regulations in OAR 736-040-0035shall be provided.
The City of Estacada shall consult applicable State and Federal natural
resource regulatory agencies and Portland General Electric in determining
applicable mitigation measures for riverside development;
2. Development shall provide public access to the Lakeshore Trail; the Public
Works Director shall require the provision of a public access easement of not
less than ten (10) feet in width and a minimum six-foot wide paved surface
connecting the subject development and any adjacent sidewalk to the
Lakeshore Trail, in conformance with the City's Public Works Standards;
3. An area equal to not less than ten (10) percent of the subject site shall be
reserved as a common open space between the development (building and
paved area) and the Lakeshore Trail. The open space shall be landscaped to
serve as a partially sight-obscuring screen between the development and the
path and to provide an area for surface water management.
J. Exceptions. The standards of this section pertaining to accessory structures and
setbacks may be modified as provided for in EMC 16.60.030 through EMC
16.60.050, in accordance with EMC 16.77..
(Ord. No. 2012-005, § 3, 9-10-2012; Ord. No. 2012-008, § 3, 1-14-2013; Ord. No. 2015-006,
§§ 3, 4, 1-11-2016; Ord. No. 2017-006, § 5, 11-13-2017)

Page 42

Exhibit 1

SECTION 24:
AMENDMENT “16.26.050 Downtown Design Guidelines
And Standards” of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.26.050 Downtown Design Guidelines And Standards
A. Purpose. The Downtown Design Guidelines and Standards are intended to facilitate
downtown development and revitalization through the application of development and
design standards, consistent with the Estacada Downtown and Riverside Area Plan
(adopted 2011).
B. Applicability. The standards of EMC 16.26.050 apply to new permanent structures
and exterior remodels of such structures in the Downtown zone, as follows:
1. Site plan approval by the City of Estacada is required prior to building permit
approval and prior to commencing any exterior building remodel in the
Downtown zone.
2. City staff shall review proposed site plans for compliance with the
requirements of this chapter. Proposed site plans are subject to the review
procedures in EMC 16.132.015.
3. Design Review shall be conducted accordingly:
a. Type 1: Staff Review. Type 1 review applies to exterior alterations or
additions on any existing buildings, or new accessory structures..
Approval of an application subject to Type 1 review will be
determined by city staff within forty-five (45) calendar days of the
submittal of a complete application. Staff's determination may be
appealed pursuant to the provisions of EMC 16.132.050 Appeals.
b. Type 2: Committee Review. Design review of all new construction
shall be performed by a staff-appointed committee composed of no
fewer than five (5) members to assist and advise the City in applying
the Downtown Design Guidelines and Standards. At least three (3)
committee members must be downtown property owners, downtown
merchants, design professionals, Planning Commissioners, and/or
City Councilors; two (2) committee members may be any resident
living within Estacada city limits. For this committee, a quorum is
considered to be four (4) members. If the quorum requirement is not
met for the review of a particular application, the Planning
Commission shall be tasked with conducting said review at its earliest
convenience. Type 2 review shall also be applied to alterations or
additions on existing buildings if:The applicant submits written
request for Type 2 review to the City; or Planning Staff determines the
review will involve sufficient discretion to warrant committee review.
The more a development proposal deviates from standards, the greater
the burden on the applicant to demonstrate that their request complies
with the standards' intent. Notice of the Design Review Committee
meeting shall be published in the local paper at least twenty (20), but
not more than forty (40) days, prior to the date of hearing, in
accordance with EMC 16.132. The public notice shall include
meeting date, time, topic, applicable approval criteria, information on
when and how the staff report may be obtained, and contact
information for relevant staff.

Page 43

Exhibit 1

c. Approval of an application subject to Type 2 review will be
determined by the Committee within sixty (60) calendar days of the
submittal of a complete application. The Committee's determination
may be appealed pursuant to the provisions of EMC 16.132.050
Appeals. Staff may defer the Committee’s determination to the City
Council upon findings that the determination may be inconsistent with
the requirements of this Title.
4. A design review application must include a narrative describing how the
proposal meets all relevant criteria under EMC 16.26.050(C) through (H).shall
be considered to be compatible if and only if:
a. All relevant criteria under EMC 16.26.050.B-G are met;
b. A minimum of sixty-five (65) percent of the total possible points in
Table 16.26.051 are accumulated; and At least one point in each
category on Table 16.26.051 is received.
5. Time Limit For Design Review Approval. The time limit for design review
approval validity is one (1) year from the time it is approved. No more than
thirty (30) days prior to the expiration date of design review approval, the
applicant must notify the City Recorder in writing of the request for time
extension. A maximum of one time extension of a design review approval
may be approved by Staff for a period of up to one (1) year. The applicant
must demonstrate that:
a. The approval is consistent with the current requirements of this code
and any other applicable regulations.
b. There is a reasonable expectation that all development, alterations,
and/or improvements related to the approval will be completed within
the one-year extension period.
c. The standards of EMC 16.116.050(F) through (H) are not applicable
to new accessory structures.
C. Building Materials. Exterior cladding shall be consistent with historic building design.
Consistent materials shall include brick, brick veneer, stone, stone veneer, stucco,
clapboard (horizontal) siding, board and batten (vertical) siding, or split-face concrete
block with wood accents or elements. Up to fifty (50) percent% of a building’s exterior
may consist of wood shake siding if coupled with brick, brick veneer, or stucco.
Alternatively, oOther materials may be approved by City Staff or the Design Review
Committee upon the applicant's demonstration that the proposed design is consistent
with historic building design and applicable goals and policies of the Comprehensive
Plan.
D. Exterior Color.
1. Color Choices.
a. Any structure in the D zone to be painted or otherwise coated shall
only utilize colors identified in the Downtown Estacada PreApproved Paint Palette, which includes colors in the Benjamin Moore
"Historic Collection" palette, but excludes: HC-181 Heritage Red;
HC-182 Classic Burgundy; HC-183 Country Redwood; HC-184
Cottage Red; HC-185 Tudor Brown; HC-186 Charleston Brown;
HC-187 Black Forest Green; HC-188 Essex Green; and HC-189
Chrome Green. Paint of any brand/manufacturer may be applied,
provided they match in color with those on the Downtown Estacada
Pre-Approved Paint Palette.
b. Notwithstanding EMC 16.26.050(D)(1)(a), alternative colors may be
approved, provided they utilize low reflectance, are subtle and

Page 44

Exhibit 1

historically-referential, and either complement or do not detract from
other D zone structures.
c. In all cases, the transition between base and accent colors shall
correspondrelate to changes in building materials or the change of
building surface planes. Separate colors shall not meet or change
without some physical change or definition to the surface plane.
2. Application Requirements.
a. No person shall paint or coat the exterior of any new or existing
structure in the D zone without having first obtained approval from
the City of Estacada of their selected color(s). ExceptionNote:
Repainting of structures using paint colors and schemes that match
those approved by the City does not require additional city approval.
b. An application to paint or coat a structure in the D zone shall be made
by submitting a Downtown Design Review Application. The
application shall indicate the proposed colors, and identification of
which structural components will be painted which colors.
c. The Downtown Design Review Application fee shall be waived
when paintingcolor or coating is the only proposed building
modification.
3. Exterior Color Approval Process.
a. Approval of an application will be determined by city staff, within ten
(10) calendar days of the submittal of a complete application.
b. Staff's determination may be appealed pursuant to the provisions of
EMC 16.132 Appeals.
E. Signs. Signs shall comply with requirements of EMC 16.72 Signs. If visible from
Hwy 224, signs may require ODOT approval per ORS Chapter 377.
F. Building Entrances.
1. Primary entrances shall face the street likely to have the greatest pedestrian
traffic.with the highest street classification other than “Arterial” with the
following exceptions: Exception:
a. Buildings adjacent to the Clackamas River need not have their
primary entrance oriented to a street, provided that the building itself
is oriented to the river; this standard is met when proposed offices,
overnight accommodations, restaurant, dwellings, or other permitted
use incorporates a river overlook and pedestrian connection to the
river pathway.
b. Development abutting Broadway Street shall orient to Broadway
Street. Where a development does not abut Broadway Street, it shall
provide a primary entrance facing the street that is likely to have the
most pedestrian traffic, as determined by the Design Review
Committee.
G. Transparent elements allow for visibility in and out of buildings, which contributes to
a pedestrian-oriented downtown aesthetic by . Buildings shall meeting the following
transparency criteria:
1. Fifty At least fifty (50) percent of the face of a building's ground floor, and
forty (40) percent of the face of all upper floors along afacing a public street
shall be transparent elements. The area of a floor's "face," for the purposes of
applying Table 16.26.051, shall be determined by multiplying the horizontal
length of the subject building wall by either the height of that floor from its
average finished grade to its ceiling, or by ten (10) feet, whichever height is

Page 45

Exhibit 1

shorter.
2. The top of ground floor transparent elements shall not be lower than 84 inches
above the average exterior finished grade of the building wall. Display
windows for merchandise that do not provide views into the store can satisfy
the transparent element requirement if the display windows are at least 24
inches deep and can contain three-dimensional objects, such as product
displays or mannequins.
3. Upper floor transparent elements shall not themselves be less than 36 inches in
height, as measured from the bottom of the transparent element to its top.
4. Glass blocks, opaque glazing, reflective windows, tinted windows, privacy
windows, or any other element with a Visible Transmittance (VT) value
below sixty (60) percent is not considered a "transparent element" for the
purposes of this section, except for residential development.
5. Existing buildings with less transparent elements than specified in this section
shall not decrease the total amount of transparent element area during any
renovation.
6. City planning staff may provide an adjustment to transparency requirements
for parking garages without a variance, provided the building design
incorporates openings, screening, or other desirable design elements, subject
to site plan review.
H. Pedestrian shelter, accessibility, and public space. New developments shall include at
least one of the following:
1. Buildings that front S Broadway Street shall contain pedestrian shelters such
as awnings, canopies, or recesses at least five (5) feet over the pedestrian area
along a minimum sixty (60) percent of ground floor elevation.
2. At least three (3) percent and not less than three hundred (300) square feet of
each new development site shall be designated and improved as ADA
accessible civic space.
3. Street frontages shall be improved with pedestrian amenities, as defined in
EMC 16.08.010, equal to or greater than one half of one percent (0.5%) of the
estimated construction cost of the proposed building development(s).
TABLE 16.26.051
CRITERIA

Scores

BUILDING LOCATION AND ORIENTATION
All building
entrances are
recessed or
covered by
pedestrian
shelters: No = 0,
Yes =

N/A

0

1

Primary building
entrances are at
least fifty (50)
percent
transparent so
that two-way

Page 46

2

Exhibit 1

views, in and out
of a building, are
N/A
possible. This
standard can be
met by a door
with a window, a
transom window
above the door,
or sidelights
beside the door:
No = 0, Yes =

0

1

2

1

2

Possible ____________ Received ____________
BUILDING OPENINGS
Architectural
detailing defines
building
entrances: No =
0, Yes =

N/A

0

Windows on
buildings
fronting
Broadway Street
incorporates trim,
reveals or
N/A
recesses of not
less than four (4)
inches in width
or depth: No = 0,
Yes =

0

Wall-mounted
lighting
consistent with
the architecture
of the building
illuminates
N/A
primary building
entrances and
building mounted
signage: No = 0,
Yes =

0

2

1

Possible ____________ Received ____________
BUILDING LINE AND RHYTHM
New building
design follows
prominent
horizontal lines
on existing

Page 47

2

Exhibit 1

adjacent
N/A
buildings,
including
elements such as
window trim,
parapet line, or
awning line: No
= 0, Yes = 2

0

1

2

N/A

0

1

2

New
buildingsincorpor
ate rhythmic
divisions relating
to historic
building patterns
and proportions.
For example,
front elevations
may be be
articulated (e.g.
N/A
defined by an
offset, recess,
projection or
similar "break" in
the wall plane)
not less than
once every
twenty-five (25)
feet: No = 0, Yes
=2

0

1

2

0

1

2

New buildings
maintain clear
visual division
between ground
floor and upper
floors: No = 0,
Yes = 1

New buildings
reflect vertical
orientation
through volume,
roof form, and/or
surface detail,
including
elements such as
N/A
vertically
oriented sash
windows, brick
or stucco
cladding and
trim, or board

Page 48

Exhibit 1

and batten siding:
No = 0, Yes = 2
Possible ____________ Received ____________
MATERIALS AND COLOR
All four sides of
the building
incorporate
N/A
complementary
exteriors: No = 0,
Yes = 1

0

1

2

Pitched roofs are
wood, slate,
cement tile,
asphalt shingles,
N/A
flat metal or
standing rib seam
sheet metal: No =
0, Yes = 2

0

1

2

Buildings
fronting
Broadway Street
have cornices or
parapets that
incorporate
N/A
materials that are
consistent with
overall
composition of
the building: No
= 0, Yes = 2

0

1

2

1

2

Possible ____________ Received ____________
PEDESTRIAN SHELTERS, PUBLIC SPACE
Buildings
fronting
Broadway Street
contain
pedestrian
shelters such as
awnings,
canopies, or
recesses at least N/A
five (5) feet over
the pedestrian
area along a
minimum sixty
percent (60%) of
ground floor

0

Page 49

Exhibit 1

elevation: No =
0, Yes = 2
At least three
percent (3%) and
not less than
three hundred
(300) square feet
of each new
development site N/A
is designated and
improved as
ADA accessible
civic space: No =
0, Yes = 1

0

1

2

Street frontages
are improved
with pedestrian
amenities, as
defined in EMC
16.08.010, equal
to or greater than N/A
0.5% of the
estimated
construction cost
of the proposed
building(s): No =
0, Yes = 2

0

1

2

Possible
____________
Received
____________

Total Possible ____________ Total Received ____________ Percentage ____________
Is a minimum of one point in each category received? Y ____________ N ____________
Are the standards in EMC 16.26.050.B.4.b-c met? Y ____________ N ____________
(Ord. No. 2012-005, § 3, 9-10-2012; Ord. No. 2015-006, § 5, 1-11-2016; Ord. No. 2017-006,
§ 5, 11-13-2017; Ord. No. 2018-001, § 1, 6-11-2018)

SECTION 25:
AMENDMENT “16.28.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T

Page 50

Exhibit 1

16.28.020 Uses Permitted Outright
The following uses and their accessory uses (see EMC 16.82) are permitted in a C-1 zone:
A. Retail store or shop such as a food store, drug store, apparel store, hardware store,
furniture store or similar establishment;
B. Repair shop for the type of goods offered for sale in retail trade establishments
permitted in a C-1 zone provided all repair and storage shall occur entirely within an
enclosed building or shall be located not less than one hundred (100) feet from a
residential zone;
C. Personal or business service establishment such as barber or beauty shop, laundry or
dry cleaning establishment, print or copy shop or similar establishment;
D. Professional office or medical facility;
E. Hotel, motel or resort;
F. Short-term rental subject to the provisions of EMC 16.62;
G. Indoor commercial amusement or recreation establishment such as a bowling alley,
theater or pool hall;
H. Mortuary;
I. Private museum, art gallery or similar facility;
J. Restaurant, bar or tavern;
K. Automobile service station, including those supplying gasoline, oil, accessories,
services, and auto repair work (excluding body and fender repair) at retail direct to the
customer and where inoperative car storage is limited to thirty (30) days;
L. Governmental use such as fire station, police station and governmental office;
M. Public park;
N. Public transportation facility including transit stop, transit station, and bicycle or
pedestrian facility;
O. Assisted living facility;Residential care facility;Residential care facility as defined in
EMC 16.08 and according to the requirements and limitations of ORS 197.660
through .667;
P. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
Q. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
R. No more than two (2) food carts on a lot of record, subject to EMC 16.66;
S. Manufacturing in conjunction with retail trade establishments permitted in the C-1
Zone, except for processing and packaging of explosive chemical materials and
environmentally hazardous materials, provided retail trade exclusively fronts the street
most likely to receive the most pedestrian traffic;
T. Small childcare facility as defined in EMC 16.08;
U. Large childcare facility as defined in EMC 16.08;
V. Youth support services facility as defined in EMC 16.08.;
W. Duplex, triplex, or cottage cluster, subject to EMC 16.60.080.
(Ord. 2007-6 § 4; Ord. 2000-26 § 4(1): prior code § 10.223(1); Ord. No. 2012-005, § 5, 9-102012; Ord. No. 2016-003, § 1(Exh. A), 5-23-2016; Ord. No. 2018-001, § 1, 6-11-2018; Ord.
No. 2018-002, § 1, 8-13-2018)

Page 51

Exhibit 1

SECTION 26:
AMENDMENT “16.28.030 Conditional Uses Permitted” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.28.030 Conditional Uses Permitted
The following uses and accessory uses (see EMC 16.82) may be permitted in a C-1 zone
subject to EMC 16.88.020 and the review procedures in EMC 16.132.010 through EMC
16.132.050:
A. A nonresidential use permitted as a conditional use in the R-1, R-2, or R-3 zone, and
not permitted as an outright use listed above;
B. Outdoor commercial amusement or recreation establishment such as miniature golf
course or drive-in theater, but not including uses such as race track or automobile
speedway;
C. Cabinet, furniture, shed, or similar small structure
woodworking/metalworking/assembly shop;
D. Lumber or building material sales or storage;
E. Self-storage, mini-storage, warehousing, or similar facility;
F. Processing and packaging of non-explosive chemical materials, and nonenvironmentally hazardous materials;
G. Car wash;
H. Auto detail shop;
I. RV storage or similar commercial establishment;
J. Auto sales;
K. Radio, television, or cellular transmission tower;
L. Park and ride facility or other public transportation facility not otherwise listed in EMC
16.28.020 Subsection M;
M. Marijuana retailing authorized by state law and regulated by EMC 16.65;
N. Bulk printing, publishing, or labeling, or the production of cards, labels, packaging
materials, printed signage, or related systems or products;
O. Multi-family dwelling, triplex, or fourplex;
P. Public or private addiction treatment facility and/or rehabilitation facility providing
walk-in services, vocational training services, religious services and associated
activities according to ORS 227.500, and/or overnight accommodation to patients
staying for no more than one year, and not licensed by the Oregon Department of
Human Services or providing medical care;
Q. Transportation facility not identified in the City's Transportation System Plan or Active
Transportation Plan;
R. More than two food carts on a lot of record, subject to EMC 16.66;
S. Drive-through facilities, provided such uses shall conform to EMC 16.28.040
Subsection (H).
(Ord. 2007-6 § 5; Ord. 2000-26 § 4(2): prior code § 10.223(2); Ord. No. 2015-002, § 4, 4-282015; Ord. No. 2015-003, § 3, 4-13-2015; Ord. No. 2016-003, § 1(Exh. A), 5-23-2016; Ord.
No. 2016-005, § 6, 8-22-2016; Ord. No. 2018-001, § 1, 6-11-2018; Ord. No. 2018-002, § 1,
8-13-2018; Ord. No. 2018-003, § 3(Exh. 6), 10-8-2018)

Page 52

Exhibit 1

SECTION 27:
AMENDMENT “16.28.040 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.28.040 Standards
The following standards shall apply in a C-1 zone:
A. Lot Size and Dimensions. The minimum lot size and dimensions in a C-1 zone shall
be as follows:
1. Minimum lot size: none.
B. Parking Requirements. The number of off-street parking spaces as required in EMC
16.76 shall apply in the C-1 zone.
C. Setbacks. None required with the following exceptions:
1. Side setback: ten (10) feet if abutting a residential zone;
2. Rear setback: ten (10) feet if abutting a residential zone.
3. The supplemental standards and exceptions of EMC 16.60, as well as
16.61.060(C)(3)(a) regarding detached accessory dwelling units,) shall apply.
D. Sidewalks. Sidewalks, driveways and service driveways shall conform to standards
established by this code.
E. Fences and Walls.
1. A solid fence or wall of not less than six (6) feet in height shall be required
along a property line which is the district boundary with an abutting residential
district.
2. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit.
3. Fences described above are subject to clear vision regulations of EMC
16.60.010 and EMC 8.12.050 limiting the use of barbed wire and electrical
fences.
F. Building Height. No building shall exceed a height of forty-five (45) feet.
G. Landscaping. A minimum of five percent (5%) of the area developed, which includes
but is not limited to areas developed for off-street parking, driveways, and aboveground utility facilities, shall be landscaped in accordance with EMC 16.77. Outdoor
storage shall be screened with either a sight-obscuring fence, or a buffer strip of
vegetation.
H. Drive-through facilitiesAccess and Circulation.
1. Vehicle access shall conform to EMC 16.116.010(D) where applicable.
2. The driveway access(es) and vehicle queuing area(s) for a drive-through
facility shall be designed to avoid parked, waiting, or backing vehicles from
encroaching onto any pedestrian walkway or public right-of-way.The
Planning Commission may require other mitigation measures to protect the
public health, safety, and welfare pursuant with EMC 16.88 Conditional
UsesDrive-through facilities.
a. Where avoidable, a drive-through facility (including drive-up
window, teller machine, vehicle queuing area, and similar facilities)
shall not be placed between any street sidewalk and any primary
building entrance.
b. The driveway access(es) and vehicle queuing area(s) for a drive-

Page 53

Exhibit 1

through facility shall be designed to avoid parked, waiting, or backing
vehicles from encroaching onto any pedestrian walkway or public
right-of-way.
c. The Planning Commission may require other mitigation measures to
protect the public health, safety, and welfare pursuant with EMC
16.88
3. Developments shall conform to all of the standards for pedestrian access and
circulation in EMC 16.75, where applicable.
I. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.
(Ord. 2000-26 § 4(3): prior code § 10.223(3); Ord. No. 2012-005, § 6, 9-10-2012)

SECTION 28:
AMENDMENT “16.32.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.32.020 Uses Permitted Outright
The following uses and their accessory uses (see EMC 16.82) are permitted in a C-2 zone:
A. Commercial establishment allowed as a use permitted outright in the C-1 zone;
B. Single-familyunit dwelling and manufactured home legally existing and assessed as
dwellings on January 12, 2022;
C. Alterations to a legally-established dwelling described in EMC 16.32.020 Subsection
(B), as well as the replacement of such a dwelling, provided the dwelling to be
replaced has remained a dwelling on the subject property, with intact walls and roof
structure, indoor plumbing connected to a sanitary waste disposal system, interior
wiring for interior lights, and a heating system, without a gap of twelve (12)
consecutive months since January 12, 2022;
D. Duplex;
E. Triplex;
F. Fourplex;
G. Commonwall dwellings;
H. Cottage cluster subject to EMC 16.60.080;
I. Residential occupancy, provided such an occupancy is clearly an accessory use and
incidental to the primary commercial use;
J. Short-term rental subject to the provisions of EMC 16.62;
K. Residential home as defined in EMC 16.08 and according to the requirements and
limitations of ORS 197.660 through .667;
L. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
M. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
N. Manager/caretaker residence;
O. Accessory dwelling unit (ADU) subject to the provisions of EMC 16.61, though an

Page 54

Exhibit 1

ADU may not be made accessory to a residential occupancy that is itself accessory to
a primary commercial use on the property pursuant to Subsection C of this section;
P. No more than two (2) food carts on a lot of record, subject to EMC 16.66;
Q. Small childcare facility as defined in EMC 16.08;
R. Large childcare facility as defined in EMC 16.08;
S. Youth support services facility as defined in EMC 16.08.
(Ord. 2007-6 § 6; Ord. 2003-10 § 2; Ord. 2000-26 § 5(1): prior code § 10.224(1);
Ord. No. 2016-003, § 1(Exh. A), 5-23-2016; Ord. No. 2018-001, § 1, 6-11-2018)

SECTION 29:
AMENDMENT “16.32.030 Conditional Uses Permitted” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.32.030 Conditional Uses Permitted
The following uses and accessory uses (see EMC 16.82) may be permitted in a residential
commercial district subject to EMC 16.88.020 and the review procedures in EMC 16.132.010
through EMC 16.132.050:
A. A nonresidential use permitted as a conditional use in the C-1 zone, with the exception
of marijuana retailing;
B. Multi-family dwelling;Park and ride facility or other public transportation facility not
otherwise listed in EMC 16.32.020 Subsection (G);
C. More than two (2) food carts on a lot of record, subject to EMC 16.66.
(Ord. 2007-6 § 7; Ord. 2000-26 § 5(2): prior code § 10.224(2); Ord. No. 2016-003, § 1(Exh.
A), 5-23-2016; Ord. No. 2016-005, § 8, 8-22-2016)

SECTION 30:
AMENDMENT “16.32.040 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.32.040 Standards
The following standards shall apply in a C-2 zone:
A. Except as provided in Subsection B, the minimum lot size shall be as follows:
Single-unitfamily dwelling

5,000 square feet

Duplex, triplex or fourplex

2,500 square feet per dwelling unit

Commonwall dwellings

2,500 square feet per lot for each
dwelling unit

Cottage Cluster

2,500 square feet per dwelling unit

Page 55

Exhibit 1

Multi-unitfamily dwelling

See Maximum Residential Density under
Section 16.32.040.B.

See Maximum and Minimum Residential
1,500 square feet per guest unit
Density under EMC 16.60.060 and
.070Motel, hotel, or resort
B. Exception for Conversions. When a duplex, triplex, or fourplex is created by internally
converting, or expanding the floor area of an existing single-unitfamily dwelling, no
minimum lot size shall apply.
C. Maximum Residential Density. Maximum residential density for multi-family
dwellings shall be 30 dwelling units per net acre. See EMC 16.60.060.
D. Minimum Residential Density. New residential subdivisions and new multi-family
dwellings are subject to the minimum density standards of EMC 16.60.070.Setbacks.
The minimum setback requirements in the C-2 zone shall be as follows:
1. The front setback shall be a minimum of fifteen (15) feet, but a minimum of
twenty (20) feet to any garage door or carport motor vehicle entry.
2. Minimum side setbacks shall be five (5) feet, except:
The common side of a commonwall dwelling, which is zero (0)
feet.Dwellings with a second story bedroom window that faces a side yard
and is situated more than fifteen (15) feet above the ground level. As
demonstrated in Figure 1 below, the minimum side setback is calculated by
dividing the lower windowsill height (the distance from the lower windowsill
to grade level directly below the center of the window) by three. Such
windows used for egress must have minimum dimensions of at least three feet
by three feet. The bedroom may instead be equipped with an automatic fire
sprinkler system, unless otherwise approved by the City.If a public utility
easement (PUE) exists on the side property line, the side yard setback shall be
equal to the width of the PUE, if greater than the side yard setback required
above.
Figure 1.

3. The rear setback shall be a minimum of fifteen (15) feet. except:An accessory
structure not used for human habitation and separated from the main building
may be located up to five (5) feet from a rear property line.On a corner lot

Page 56

Exhibit 1

setbacks required from the rear property line shall be the same as required for
side yards.Detached accessory dwelling units are allowed exceptions to rear
setbacks as provided in EMC 16.61.060.C.3.a.
4. The supplemental standards and exceptions of EMC 16.60 as well as
16.61.060(C)(3)(a) regarding detached accessory dwelling units, shall apply.
E. No lot area, yard, off-street parking or loading area, or other required open space for
one use shall be used as the required lot area, yard, off-street parking or loading area,
or other required open spaces for another use.
F. Parking Requirements. The number of off-street parking spaces as required in EMC
16.76 shall apply in the C-2 zone.
G. Sidewalks. Sidewalks, driveways and service driveways shall conform to standards
established by this code.
H. Fences and Walls.
1. A solid fence or wall of not less than six (6) feet in height shall be required
along a property line which is the district boundary with an abutting residential
district.
2. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit.
3. Fences described above are subject to clear vision regulations of EMC
16.60.010 and EMC 8.12.050 limiting the use of barbed wire and electrical
fences.
I. Building Height. No building shall exceed a height of forty-five (45) feet.
J. Landscaping. A minimum of five percent (5%) of the area developed, which includes
but is not limited to areas developed for off-street parking, driveways, and aboveground utility facilities, shall be landscaped in accordance with EMC 16.77. Outdoor
storage shall be screened with either a sight-obscuring fence, or a buffer strip of
vegetation.
K. Access and Circulation:
1. Vehicle access shall conform to EMC 16.116.010(D), where applicable.
2. Development shall conform to all of the standards for pedestrian access and
circulation in EMC 16.75, where applicable.
L. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.
(Ord. 2000-26 § 5(3): prior code § 10.224(3))

SECTION 31:
AMENDMENT “16.33.020 Development Plans” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.33.020060 Development Plans
A. Before development of properties can occur in the MMU zone, a Facilities Plan must
be approved by the Planning Commission and a Master Development Plan must be
approved by the City Council after review by the Planning Commission. The Facilities
Plan may be reviewed and approved prior to or concurrent with the submitted Master

Page 57

Exhibit 1

Development Plan.
B. Facilities Plan: The Facilities Plan shall show how the area proposed for development
will be served by roads and utilities. The Facilities Plan shall, at a minimum, include:
1. The boundaries of the area within the MMU zone proposed for development,
and adjacent development;
2. A map of existing and planned water and sewer facilities to serve the
development area, including line sizes, general location or routes, and how the
lines will tie in with adjacent areas;
3. A map indicating existing and planned streets adjacent to the development
area, the general route of planned streets through the development area, and
where those streets will connect with the City's existing street system;
4. Such other utility and transportation information as the City may determine are
necessary;
5. The function and location of any private utility systems;
6. A written narrative that explains or describes how the Facilities Plan meets the
following approval criteria:
a. The proposed water, sewer, and street system will be adequate to
serve the type and size of development planned for the subject area;
b. The location and sizing of facilities on site will be consistent with the
existing and planned utilities; and
c. Adequate water flow volumes will be provided to meet fire flow and
domestic demands.
C. Master Development Plan: The minimum acreage for an MMU zone Master
Development Plan is 10 acres unless specifically exempted as described in EMC
16.33.020 (Subsection E). The Master Development Plan shall include:
1. A plan view drawing, with dimensions, that shows the following elements and
how they fit together as a functional design:
a. Building envelopes;
b. Parking area location, size, and access;
c. Access points to streets;
d. Pedestrian and bicycle facilities;
e. Landscaped areas that meet the standards of EMC 16.77;
f. Plans for day-lighting all portions of Wade Creek that cross or are
adjacent to the subject area;
g. Open spaces and common areas;
h. Park land, to be provided according to the standards of EMC
16.116.020;
i. The expected uses to be developed and approximate square footage of
buildings;
j. Any private development covenants, conditions, or restrictions that
will be recorded with the property; and
k. Any other information the City and other relevant regulatory
authorities may require, including, but not limited to, a Phase I and
Phase II Environmental Site Assessment and Remediation Plan.
2. A written narrative demonstrating that the proposal:
a. Creates a stimulating and attractive mixed-use environment through
the use and inter-relationship of open spaces, building locations,
building scale and design, and pedestrian amenities;
b. Provides pedestrian access and movement to and through the site in a
manner that maximizes foot traffic exposure to goods and services and
minimizes conflicts with vehicle circulation areas;

Page 58

Exhibit 1

c. Encourages access to Downtown, adjacent residential areas, and/or
the CMU zone;
d. Provides for traffic and service vehicle circulation between on-site
uses, as appropriate;
e. Improves the aesthetics, and capitalizes on the locational advantages
of, the MMU zone;
f. Reduces to a minimum any negative impacts of proposed uses on
adjacent properties and ensures the livability of residential areas, when
applicable; and
g. Is consistent with the goals and policies for the MMU area in the
City's Comprehensive Plan, the Transportation System Plan, and
Active Transportation Plan.
h. Provides a clear and objective path for future residential development
to comply with the proposed Plan.
3. A traffic impact study.
D. Upon approval of an MMU zone Master Development Plan, all subsequent building
and site development must comply with the approved MMU zone Master
Development Plan and the applicable stands and conditions in this code. Minor
alterations to an approved MMU zone Master Development Plan may be approved by
the Planning Commission using the stands in this section. A minor alteration to a
master plan may include adjustments to local street and pedestrian corridor alignments,
alterations to site design guidelines, changes to lot configurations, and the relocation of
plaza and open space within the master plan area, provided the approved MMU zone
Master Development Plan concept is not compromised.
E. Exemptions: Properties less than 10 acres in size that are not a part of a previously
approved and valid MMU zone Master Development Plan and cannot practicably be
combined with surrounding properties in MMU zone may apply independently for
MMU zone Master Development Plan approval in accordance with Subsection C of
this section.

SECTION 32:
AMENDMENT “16.33.030 Building And Site Development
Standards” of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.33.030070 Building And Site Development Standards
A. In addition to the required Master Development Plan approval by the City Council, the
development of individual nonresidential buildings, and related areas within the Master
Development Plan area shall comply with the following standards, as assessed from
development plans and approved by the City prior to the issuance of any required
development permits, with such determination by the City appealable to the Planning
Commission:
1. Building Design: Buildings and structures shall have architectural elements
and features which are in scale with each other. The colors and exterior
material of buildings within the Master Development Plan shall be compatible.
Buildings housing retail uses shall provide ample window area oriented
toward pedestrian walkways or plazas.

Page 59

Exhibit 1

2. Landscaping and Open Space: The design and development of landscaping
and open space shalleet the standards of EMC 16.77.:
a. Emphasize the use of trees, shrubs, and other plants native to the
Estacada area;Include street trees and parking area trees which are in
scale with the development;Provide a cohesive open space and
pedestrian network within the development, with appropriate
connections to surrounding properties and uses;Provide pleasing
transitions between uses, soften and buffer utility and lading areas,
and provide pleasing textures and variety particularly next to
buildings, along walkways, and within pedestrian plazas; andInclude
open spaces and plazas which are in scale with the development and
invite activity appropriate to adjoining uses.
3. Refuse Collection and Recycling: Refuse collection and recycling areas for
businesses shall be enclosed with a fence, wall, or structure high enough to
screen all collection bins.
4. Outside mechanical equipment: Industrial or commercial heating, ventilation,
air conditioning, or other mechanical equipment on rooftops or on the ground
shall be screened with a material that is visually compatible with the building.
B. Utility services, including water, sewer, electrical, telephone, and cable lines, shall be
installed underground.
C. Lot Size and Dimensions:
1. Except as provided in EMC 16.33.020(C)(2), the minimum lot size shall be as
follows:
Single-unitfamily dwelling or duplex

4,000 square feet

Triplex or fourplex

2,500 square feet per dwelling unit

Commonwall dwellings

2,500 square feet per lot for the first five
dwelling units
1,500 square feet per lot for each unit above
five in a development

Cottage cluster

2,500 square feet per dwelling unit

Multi-unitfamily dwelling

See Maximum Residential Density under
Section 16.33.030.D.See Maximum and
Minimum Residential Density under EMC
16.60.060 and .07

2. Exception for Conversions. When a duplex, triplex, or fourplex is created by internally
converting, or expanding the floor area of, an existing single-unitfamily dwelling, no minimum
lot size shall apply.
D. Maximum Residential Density. Maximum residential density for multi-family dwellings
shall be 40 dwelling units per net acre. See EMC 16.60.060.E. Minimum Residential Density.
New residential subdivisions and new multi-family dwellings shall meet a minimum density
standard of 15 dwelling units per net acre. See EMC 16.60.070.
F. Setbacks:
1. The front setback shall be a minimum of fifteen (15) feet, but a minimum of twenty
(20) feet to any garage door or carport motor vehicle entry.
2. Minimum side setbacks shall be five (5) feet, except:

Page 60

Exhibit 1

The common side of a commonwall dwelling, which is zero (0) feet.Dwellings with a
second story bedroom window that faces a side yard and is situated more than fifteen
(15) feet above the ground level. As demonstrated in Figure 1 below, the minimum
side setback is calculated by dividing the lower windowsill height (the distance from
the lower windowsill to grade level directly below the center of the window) by three.
Such windows used for egress must have minimum dimensions of at least three feet by
three feet. The bedroom may instead be equipped with an automatic fire sprinkler
system, unless otherwise approved by the City.If a public utility easement (PUE) exists
on the side property line, the side yard setback shall be equal to the width of the PUE,
if greater than the side yard setback required above.
igure 1.

3. The rear setback shall be a minimum of fifteen (15) feet., except:
a. Notwithstanding other provisions of this chapter, no minimum setback
distance is required from Eagle Creek Rd.
An accessory structure not used for human habitation or for a commercial use, and that
is separated from the main building may be located up to five feet from a rear property
line.On a corner lot, setbacks required from the rear property line shall be the same as
required for side yards.Detached accessory dwelling units are allowed exceptions to
rear setbacks as provided in EMC 16.61.060.C.3.a.
4. The supplemental standards and exceptions of EMC 16.60, as well as 16.61.060(C)(3)
(a) regarding detached accessory dwelling units,) shall apply.

G. Fences and Walls.
1. A solid fence or wall of not less than six (6) feet in height shall be required along a
property line which is the district boundary with an abutting residential district.
2. Fences and sight-obscuring fences, with the exception of evergreen plantings, cannot
exceed seven (7) feet in height without a building permit.
3. Fences described above are subject to clear vision regulations of EMC 16.60.010 and
EMC 8.12.050 limiting the use of barbed wire and electrical fences.

Page 61

Exhibit 1

H. Parking Requirements:
1. The number of off-street parking spaces as required in EMC 16.76 shall apply in the
MMU zone.
2. Motor vehicle parking areas fronting Eagle Creek Rd, and motor vehicle parking areas
separated from Eagle Creek Rd only by landscaping and/or fencing, are prohibited.
I. Sidewalks and Driveways: Sidewalks, driveways, and service driveways shall conform to
standards established by this code.
J. Building Height: Buildings shall not exceed a height of sixty-five (65) feet.
K. Landscaping:
1. A minimum of five percent (5%) of the area developed, which includes but is not
limited to areas developed for off-street parking, driveways, and above-ground utility
facilities, shall be landscaped in accordance with EMC 16.77.
2. Development adjacent to Eagle Creek Rd shall have landscaping that includes trees
with canopies that provide shade to pedestrians along the Eagle Creek Rd right-ofway.
L. Access and Circulation:
1. Vehicle access shall conform to EMC 16.116.01 (D), where applicable Design
Standards and Improvements.
2. Development shall conform to all of the standards for pedestrian access and circulation
in EMC 16.75, where applicable..020.
Geological Analysis Requirement. Any property identified as a geological natural hazard area
as listed in EMC 16.68.030 or any property that has a slope of thirty-three (33) percent or
greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a geotechnical analysis of
the property as outlined in EMC 16.68.030.

SECTION 33:
AMENDMENT “16.33.040 Daylighting Of Wade Creek” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.33.040080 Daylighting Of Wade Creek

SECTION 34:
AMENDMENT “16.33.050 Land Divisions” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.33.050090 Land Divisions

Page 62

Exhibit 1

SECTION 35:
AMENDMENT “16.33.060 Permitted Uses” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.33.060020 Permitted Uses
A. A use permitted outright in the CMU zone;
B. Single-unitfamily dwelling legally existing and assessed as a dwelling on January 12,
2022;
C. Alterations to a legally-established single-family dwelling described in EMC
16.33.060 Subsection(B), as well as the replacement of such a dwelling, provided the
dwelling to be replaced has remained a dwelling on the subject property, with intact
walls and roof structure, indoor plumbing connected to a sanitary waste or disposal
system interior wiring for interior lights, and a heating system, without a gap of twelve
(12) consecutive months since January 12, 2022;
D. School;
E. Governmental use;
F. Outdoor farmers' market;
G. Restaurant, cafe, bar, tavern, bakery, or similar on-site eating/drinking establishment;
H. Brewery or distillery providing on-site retail sales of beverages brewed or distilled onsite;
I. Hotel, motel, or resort;
J. Art gallery;
K. Short-term rental subject to the provisions of EMC 16.62;
L. Public-use parking facility;
M. Publicly-accessible park, plaza, or pedestrian/multi-use path, trail, or bridge;
N. Small childcare facility as defined in EMC 16.08;
O. Large childcare facility as defined in EMC 16.08;
P. Youth support services facility as defined in EMC 16.08;
Q. Indoor recreational facility or play area for activities such as basketball, dance,
gymnastics, martial arts, racquetball, skating, soccer, swimming, tennis, or similar.
Such a facility may be used for instruction, practice, and competitions. Health and
fitness clubs are excluded from this category.
R. Residential facility as defined in EMC 16.08 and according to the requirements and
limitations of ORS 197.660 through .667;
S. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
T. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;

SECTION 36:
AMENDMENT “16.33.070 Accessory Uses” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.33.070030 Accessory Uses

Page 63

Exhibit 1

A. Accessory uses are permitted subject to the provisions of EMC 16.82, including, but not
limited to:
1. Property management office of any square footage, provided it is accessory to a multiunitfamily dwelling;
2. Swimming pool on the same lot of record as a primary use.

SECTION 37:
AMENDMENT “16.33.080 Conditional Uses” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.33.080040 Conditional Uses

SECTION 38:
AMENDMENT “16.33.090 Prohibited Uses” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.33.090050 Prohibited Uses
A. Unenclosed industrial use;
B. Single-unitfamily dwelling;
C. Marijuana retailing;
D. Outdoor storage, unless associated with an approved farmers' market, conducted by a
public agency, or supportive of and incidental to a retail use permitted outright;
E. Commercial indoor storage facility;
F. Commercial services involving vehicle maintenance, servicing, or repair; and
G. Drive-thru commercial uses.

SECTION 39:
AMENDMENT “16.34.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.34.020 Uses Permitted Outright
A. Sales and rentals of outdoor recreation equipment, such as kayaks and bicycles, and of
hunting, horse-riding, and fishing supplies;
B. Restaurant, cafe, bar, tavern, bakery, or similar on-site eating/drinking establishment;
C. No more than two (2) food carts on a lot of record, subject to EMC 16.66;
D. Guiding services;
E. Visitor center or tourist information services;
F. Hotel, motel, or resort;
G. Governmental use;
H. Public institution of higher learning;

Page 64

Exhibit 1

I. Art gallery;
J. Museum;
K. Swimming pool;
L. Short-term rental subject to the provisions of EMC 16.62;
M. Public-use parking facility;
N. Publicly-accessible park, plaza, or pedestrian/multi-use path, trail, or bridge;
O. Legally-established industrial uses existing on December 1, 2019;
P. Alterations to a legally-established industrial use existing on December 1, 2019, on the
same lot of record, provided the existing industrial use to be altered has not
discontinued for twelve (12) consecutive months since December 1, 2019;
Q. Small childcare facility as defined in EMC 16.08;
R. Large childcare facility as defined in EMC 16.08;
S. Youth support services facility as defined in EMC 16.08;
T. Indoor recreational facility or play area for activities such as basketball, dance,
gymnastics, martial arts, racquetball, skating, soccer, swimming, tennis, or similar.
Such a facility may be used for instruction, practice, and competitions. Health and
fitness clubs are excluded from this category.
U. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
V. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;

SECTION 40:
AMENDMENT “16.34.030 Accessory Uses” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.34.030 Accessory Uses
A. EveAccessory uses are permitted subject to the provisions of EMC 16.82, including,
but not limited to:
1. Event space or meeting facility accessory and subordinate to a use permitted
outright;
2. Indoor and outdoor storage of goods retailed on-site by a commercial retail use
permitted outright;
3. Indoor and outdoor storage conducted by a public agency;
4. Electric vehicle charging station.

SECTION 41:
AMENDMENT “16.34.040 Conditional Uses” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.34.040 Conditional Uses
A. Drive-thru restaurant, cafe, bakery, or similar establishment that includes an on-site
outdoor seating area for customers;
B. Brewery or distillery providing on-site retail sales of beverage brewed or distilled on-

Page 65

Exhibit 1

site;
C. Community center;
D. Multi-family dwelling, provided the ground floor includes a commercial use permitted
outright;
E. Event space or meeting facility not accessory to a use permitted outright; and
F. More than two (2) food carts on a lot of record, subject to EMC 16.66.

SECTION 42:
AMENDMENT “16.34.060 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.34.060 Standards
A. Setbacks: The supplemental standards and exceptions of EMC 16.60, as well as
16.61.060(C)(3)(a) regarding detached accessory dwelling units,) shall apply.None.
B. Fences and Walls.
1. A solid fence or wall of not less than six (6) feet in height shall be required
along a property line which is the district boundary with an abutting residential
district.
2. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit. Fences
described above are subject to clear vision regulations of EMC 16.60.010 and
EMC 8.12.050 limiting the use of barbed wire and electrical fences.
3. Chain-link fencing with or without slats, electric fencing, and fences, walls, or
similar barriers with barbed wire, razor wire, concertina coils, anti-climb
spikes, or any other similar security feature designed to discourage ingress
through the potential of causing bodily harm, are prohibited.
C. Parking Requirements: The number of parking spaces as required in EMC 16.76 shall
apply in the R-C Zone, except that a use may transfer its required off-street motor
vehicle parking spaces to a public-use parking facility located in the R-C Zone,
provided the use is connected to the public-use parking facility by way of a sidewalk
or other pedestrian walkway.
D. Sidewalks and Driveways: Sidewalks, driveways, and service driveways shall
conform to standards established by this code.
E. Connection to Parks, Trails, and Natural Areas: Development shall include ADAaccessible pedestrian and/or paved bicycle access facilities, such as a pedestrian
walkway or multi-use path that allows for their connection to the Lakeshore Trail,
Timber Park, Milo McIver State Park, and/or the Clackamas River, consistent with the
design guidelines of the Active Transportation Plan.
F. Building Height: Buildings shall not exceed a height of sixty-five (65) feet.
G. Landscaping:
1. A minimum of five percent (5%) of the area developed, which includes but is
not limited to areas developed for off-street parking, driveways, and aboveground utility facilities, shall be landscaped in accordance with EMC 16.77.
2. Any development, including parking areas, that can be seen from Hwy 224
shall have maintained landscaping between the development and the highway
that includes trees, shrubs, and/or boulders.
H. Access and Circulation:

Page 66

Exhibit 1

1. Vehicle access shall conform to EMC 16.116.010(D)esign Standards and
Improvements.,where applicable.
2. Driveway access(es) and vehicle queuing area(s) for a drive-thru facility shall
be screened to reduce off-site impacts such as vehicle noise/fumes, and light
spillover/glare at night, and designed to avoid parked, waiting, or backing
vehicles from encroaching onto any pedestrian walkway or public right-ofway.
3. Development shall conform to all of the standards for pedestrian access and
circulation in EMC 16.75, where applicable..020.
I. Signs:
1. Signs shall comply with the requirements of EMC 16.72 and, if visible from
Hwy 224, may require ODOT approval per ORS Chapter 377;
2. Billboards, flashing signs, and Ppole signs, as defined in EMC 16.72.020, are
prohibited.
J. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.

SECTION 43:
AMENDMENT “16.35.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.35.020 Uses Permitted Outright
A. Retail store or shop, including food stores, drug stores, apparel stores, furniture stores,
and similar establishments;
B. Automobile services station, including fueling stations, oil-change services, and similar
establishments;
C. Hotel, motel, or resort;
D. Retail or wholesale nursery;
E. A use authorized by a conditional use permit approved prior to November 1, 2019, if
such a use was established before January 1, 2024 and subject to the development
conditions of the respective permit;
F. Pedestrian and multi-use trail, path, or boardwalk;
G. Small childcare facility as defined in EMC 16.08;
H. Large childcare facility as defined in EMC 16.08;
I. Youth support services facility as defined in EMC 16.08;
J. Indoor recreational facility or play area for activities such as basketball, dance,
gymnastics, martial arts, racquetball, skating, soccer, swimming, tennis, or similar.
Such a facility may be used for instruction, practice, and competitions. Health and
fitness clubs are excluded from this category.
K. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
L. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
M. Accessory uses subject to the provisions of EMC 16.82.

Page 67

Exhibit 1

SECTION 44:
AMENDMENT “16.35.040 Prohibited Uses” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.35.040 Prohibited Uses
A. Industrial uses;
B. Commercial indoor storage facilityies;
C. Outdoor storage, unless associated with and incidental to a permitted indoor use on the
same property;
D. Dwellings;
E. Short-term rentals;
F. Discount stores as defined in EMC 16.08.

SECTION 45:
AMENDMENT “16.35.050 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.35.050 Standards
A. Lot Size and Dimensions: No minimum.
B. Setbacks: None required, with the following exceptions:
1. Side setback: ten (10) feet for sides abutting the CMU, OC, or NCR Zones;
2. Rear setback: ten (10) feet if rear abuts the CMU, OC, or NCR Zones.
3. The supplemental standards and exceptions of EMC 16.60, as well as
16.61.060(C)(3)(a) regarding detached accessory dwelling units,) shall apply.
C. Fences and Walls.
1. A solid fence or wall of not less than six (6) feet in height shall be required
along a property line which is the district boundary with an abutting residential
district.
2. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit.
3. Fences described above are subject to clear vision regulations of EMC
16.60.010 and EMC 8.12.050 limiting the use of barbed wire and electrical
fences.
D. Parking Requirements: The number of off-street parking spaces as required in EMC
16.76 shall apply in the H-C zone.
E. Sidewalks and Driveways: Sidewalks, driveways, and service driveways shall
conform to standards established by this code.
F. Building Height: Buildings shall not exceed a height of forty-five (45) feet.
G. Landscaping:
1. A minimum of five percent (5%) of the area developed, which includes but is

Page 68

Exhibit 1

not limited to areas developed for off-street parking, driveways, and aboveground utility facilities, shall be landscaped in accordance with EMC 16.77.
2. All parking areas shall be screened from view from Hwy 224 by trees,
hedges, and/or other living natural elements.
H. Access and Circulation:
1. Vehicle access shall conform to EMC 16.116.010 (D)esign Standards and
Improvements, where applicable;
2. Any new intersection with Hwy 224 shall be approved by ODOT;
3. Development shall conform to all of the standards for pedestrian access and
circulation in EMC 16.75, where applicable.020.
I. Signs:
1. Signs shall comply with the requirements of EMC 16.72 and, if visible from
Hwy 224, may require ODOT approval per ORS Chapter 377;
2. Pole signs, as defined in EMC 16.72.020, are prohibited.
J. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.J. Geological
Analysis Requirement. Any property identified as a geological natural hazard area as
listed in EMC 16.68.030 or any property that has a slope of thirty-three (33) percent or
greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a geotechnical
analysis of the property as outlined in EMC 16.68.030.;

SECTION 46:
AMENDMENT “16.37.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.37.020 Uses Permitted Outright
A. Outpatient clinic or office for healthcare services, such as acupuncture, chiropractic,
counseling, dental, massage therapy, medical, naturopathic, optometric, physical
therapy, psychiatric, occupational therapy, and speech therapy;
B. Personal service establishment, including barber and beauty shops, hair salons, nail
salons, and similar establishments;
C. Health and fitness club;
D. Dry cleaner or laundromat;
E. Bank or credit union;
F. Small childcare facility as defined in EMC 16.08;
G. Large childcare facility as defined in EMC 16.08;
H. Youth support services facility as defined in EMC 16.08;
I. Assisted living facility as defined in EMC 16.08;
J. Residential care facility as defined in EMC 16.08 and according to the requirements
and limitations of ORS 197.660 through .667;
K. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
L. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;;
M. Restaurant, cafe, bakery, or similar on-site eating/drinking establishment in a leased or

Page 69

Exhibit 1

owned building space of no more than 1,500 square feet, but with accessory outdoor
seating areas not subject to any square footage limitation;
N. Professional office not associated with an outright permitted use in a leased or owned
building space of no more than 1,500 square feet;
O. Public park;
P. Pedestrian or multi-use trail, path, or boardwalk;
Q. Swimming pool;
R. Community garden;
S. Short-term rental subject to the provisions of EMC 16.62;
T. Duplex;
U. Triplex;
V. Fourplex;
W. Multi-unitfamily dwelling;
X. Single Room Occupancy with up to three times the density allowed by the zone;
Y. Commonwall dwellings;
Z. Cottage cluster, subject to EMC 16.60.080;
AA. Single-family dwelling legally existing and assessed as a dwelling on December 1,
2019;
AB. Alterations to a legally-established single-unitfamily dwelling described in EMC
16.37.020 Subsection X, as well as the replacement of such a dwelling, provided the
dwelling to be replaced has remained a dwelling on the subject property, with intact
walls and roof structure, indoor plumbing connected to a sanitary waste disposal
system, interior wiring for interior lights, and a heating system, without a gap of twelve
(12) consecutive months since December 1, 2019;
AC. Transportation facility providing access to the H-C or MMU zones.

SECTION 47:
AMENDMENT “16.37.030 Accessory Uses” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.37.030 Accessory Uses
A. Accessory uses subject to the provisions of EMC 16.82, including, but not limited to:
1. Property management office of any square footage, provided it is accessory to
a multi-unitfamily dwelling.
2. Accessory dwelling unit (ADU) subject to the provisions of EMC 16.61.

SECTION 48:
AMENDMENT “16.37.060 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.37.060 Standards
A. Lot Size and Dimensions:
1. Except as provided in Subsection 2, the minimum lot size shall be as follows:

Page 70

Exhibit 1

Single-unitfamily dwelling or duplex 4,000 square feet
Triplex or fourplex

2,500 square feet per dwelling unit

Commonwall dwellings

2,500 square feet per lot for the first
five dwelling units;
1,500 square feet per lot for each unit
above five in a development

Cottage cluster

2,500 square feet per dwelling unit

Multi-unitfamily dwelling

See Maximum Residential Density
under Section 16.37.060.B.See
Maximum and Minimum Residential
Density under EMC 16.60.060 and
.070S

2. Exception for Conversions. When a duplex, triplex, or fourplex is created by
internally converting, or expanding the floor area of, an existing singleunitfamily dwelling, no minimum lot size shall apply.
B. Maximum Residential Density. Maximum residential density for multi-family
dwellings shall be 40 dwelling units per net acre. See EMC 16.60.060.
C. Setbacks:
1. The front setback shall be a minimum of fifteen (15) feet, but a minimum of
twenty (20) feet to any garage door or carport motor vehicle entry.
2. Minimum side setbacks shall be five (5) feet.,xcept:
The common side of a commonwall dwelling, which is zero (0)
feet.Dwellings with a second story bedroom window that faces a side yard
and is situated more than fifteen (15) feet above the ground level. As
demonstrated in Figure 1 below, the minimum side setback is calculated by
dividing the lower windowsill height (the distance from the lower windowsill
to grade level directly below the center of the window) by three. Such
windows used for egress must have minimum dimensions of at least three feet
by three feet. The bedroom may instead be equipped with an automatic fire
sprinkler system, unless otherwise approved by the City.If a public utility
easement (PUE) exists on the side property line, the side yard setback shall be
equal to the width of the PUE, if greater than the side yard setback required
above.
Figure 1.

Page 71

Exhibit 1

3. The rear setback shall be a minimum of fifteen (15) feet., except:An accessory
structure not used for human habitation or for a commercial use, and that is
separated from the mail building may be located up to five feet from a rear
property line.On a corner lot, setbacks required from the rear property line
shall be the same as required for side yards.Detached accessory dwelling units
are allowed exceptions to rear setbacks as provided in EMC 16.61.060.C.3.a.
4. Notwithstanding other provisions of this chapter, no minimum setback
distance is required from Eagle Creek Rd.
5. The supplemental standards and exceptions of EMC 16.60, as well as
16.61.060(C)(3)(a) regarding detached accessory dwelling units,) shall apply.
D. Fences and Walls.
1. A solid fence or wall of not less than six (6) feet in height shall be required
along a property line which is the district boundary with an abutting residential
district.
2. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit.
3. Fences described above are subject to clear vision regulations of EMC
16.60.010 and EMC 8.12.050 limiting the use of barbed wire and electrical
fences.
E. Parking Requirements:
1. The number of off-street parking spaces as required in EMC 16.76 shall apply
in the CMU zone.
2. Motor vehicle parking areas serving commercial uses fronting Eagle Creek
Rd, and motor vehicle parking areas separated from those streets only by
landscaping and/or fencing, are prohibited.
F. Sidewalks and Driveways: Sidewalks, driveways, and service driveways shall
conform to standards established by this code.
G. Building Height: Buildings shall not exceed the maximum height of sixty-five (65)
feet.
H. Landscaping:
1. A minimum of five percent (5%) of the area developed with non-residential
uses, which includes but is not limited to areas developed for off-street
parking, driveways, and above-ground utility facilities, shall be landscaped in

Page 72

Exhibit 1

accordance with EMC 16.77.
2. Development adjacent to Eagle Creek Rd or the extension of River Mill Rd
connecting to NE Currin Creek Dr planned for in the City's Transportation
System Plan shall have landscaping that includes trees with canopies that
provide shade to pedestrians along those streets' adjacent rights-of-way.
I. Access and Circulation:
1. Vehicle access shall conform to EMC 16.116.010 ( D)esign Standards and
Improvements, where applicable.
2. Development shall conform to all of the standards for pedestrian access and
circulation in EMC 16.75, where applicable.020.
J. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.

SECTION 49:
AMENDMENT “16.38.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.38.020 Uses Permitted Outright
A. Pedestrian or multi-use trail, path, or boardwalk;.
B. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
C. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385.

SECTION 50:
AMENDMENT “16.38.030 Accessory Uses” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.38.030 Accessory Uses
A. Accessory uses subject to the provisions of EMC 16.82 are permitted, including, but
not limited to:
1. Laundry facilities, arcades, recreation rooms, swimming pools, meeting
spaces, and similar uses accessory to a campground approved as a conditional
use according to EMC 16.38.040(A), provided the accessory uses
predominantly serve the campers at the campground;
2. Commercial retail uses accessory and incidental to campgrounds, cabins,
yurts, and similar rented structures approved as conditional uses according to
EMC 16.38.040(A); and
3. One caretaker's residence accessory to a campground approved as a
conditional use according to EMC 16.38.040(A) on the same lot of record.

Page 73

Exhibit 1

SECTION 51:
AMENDMENT “16.38.060 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.38.060 Standards
A. Lot Size and Dimensions: No minimum.
B. Setbacks: None required, with the following exceptions:
1. Side setback: ten (10) feet if abutting the H-C or NCR zones;
2. Rear setback: ten (10) feet if abutting the H-C or NCR zones.
3. The supplemental standards and exceptions of EMC 16.60 and 16.61.060(C)
(3)(a) (detached accessory dwelling units) shall apply.
C. Fences and Walls.
1. A solid fence or wall of not less than six (6) feet in height shall be required
along a property line which is the district boundary with an abutting residential
district.
2. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit. Fences
described above are subject to clear vision regulations of EMC 16.60.010 and
EMC 8.12.050 limiting the use of barbed wire and electrical fences.
3. Chain-link fencing with or without slats, electric fencing, and fences, walls, or
similar barriers with barbed wire, razor wire, concertina coils, anti-climb
spikes, or any other similar security feature designed to discourage ingress
through the potential of causing bodily harm, are prohibited.
D. Parking Requirements: The number of parking spaces as required in EMC 16.76 shall
apply in the O-C zone.
E. Sidewalks and Driveways: Sidewalks, driveways, and service driveways shall
conform to standards established by this code.
F. Landscaping:
1. A minimum of five percent (5%) of the area developed, which includes but is
not limited to areas developed for off-street parking, driveways, and aboveground utility facilities, shall be landscaped in accordance with EMC 16.77.
2. All commercial uses and parking areas shall be at least partially screened from
view from Hwy 224 by existing trees, native vegetation, boulders, and/or
wood elements with a natural color. Commercial storage of recreational
vehicles shall be entirely screened, as required by EMC 16.38.040
(Subsection B).
G. Access and Circulation:
1. Vehicle access shall conform to EMC 16.116.010(D)esign Standards and
Improvementswhere applicable;
2. Any new intersection with Hwy 224 shall be approved by ODOT;
3. Development shall conform to all of the standards for pedestrian access and
circulation in EMC 16.75.020.,where applicable.
H. Signs:
1. Signs shall comply with the requirements of EMC 16.72 and, if visible from
Hwy 224, may require ODOT approval per ORS Chapter 377;
2. Billboards, flashing signs, and Ppole signs, as defined in EMC 16.72.020, are
prohibited.

Page 74

Exhibit 1

I. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.

SECTION 52:
AMENDMENT “16.39.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.39.020 Uses Permitted Outright
The following uses and their accessory uses (see EMC 16.82) are permitted in the M-1 zone:
A. Light industry as defined in EMC 16.08;
B. A use wholly enclosed in a permitted structure involving manufacture, research, repair,
assembly, processing, fabricating, packing, distribution, warehousing, wholesaling or
storage; provided that the use does not create a public nuisance or an unreasonable
hazard to health or property because of excessive noise, smoke, odor or dust, or
because it constitutes a fire, explosion or other physical hazard;
C. Agricultural use of land;
D. Forestry, including the management, production and harvesting of forest products and
of related natural resources in forest areas;
E. Public facilities, including government uses, offices of governmental agencies and
public utility substations;
F. Industrial trade school;
G. Data center;
H. Auto body shop;
I. Facilities, including office and enclosed storage and work spaces, for construction,
maintenance, cleaning, welding, landscaping, decking, and building systems (e.g.,
plumbing and electrical) service providers and contractors with low customer traffic;
J. No more than two food carts on a lot of record, subject to EMC 16.66;
K. Indoor recreational facility or play area for activities such as basketball, dance,
gymnastics, martial arts, racquetball, skating, soccer, swimming, tennis, or similar.
Such a facility may be used for instruction, practice, and competitions. Health and
fitness clubs are excluded from this category;
L. Large childcare facility as defined in EMC 16.08.
M. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
N. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385
(Ord. 2007-6 § 8; Ord. 2000-26 § 6(1): prior code § 10.225(1); Ord. No. 2016-005, § 10, 822-2016; Ord. No. 2018-002, § 1, 8-13-2018)

Page 75

Exhibit 1

SECTION 53:
AMENDMENT “16.39.025 Accessory Uses” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.39.025 Accessory Uses
The following are allowed as accessory uses in the Light Industrial zoneAccessory uses
subject to the provisions of EMC 16.82 are permitted, including, but not limited to:
A. Employee lounges, indoor recreation areas and facilities and cafeterias catering to
employees of the primary industrial use;
B. Indoor area for display and sale of products manufactured by the same business
occupying the building, provided that the floor area of such display area constitutes no
more than fifteen percent (15%) of the floor area of the industrial use;
C. Indoor area for display and wholesale sales of products warehoused or distributed by
the same business entity operating the primary industrial use on the site, provided that
the floor area of such display area constitutes no more than five percent (5%) of the
floor area of the industrial use;
D. On lots of record no larger than five (5) acres, temporary outdoor storage of goods
produced, manufactured, or repaired on the subject lot of record or on an adjacent lot
of record, provided the outdoor storage is entirely screened, with permanent vegetation
at least six (6) feet in height, walls, and/or fencing that does not include slatted chain
link fencing, from view from public rights-of-way and areas zoned Open Space (O-S);
E. Owner/manager residence subject to EMC 16.60.030(D).
(Ord. No. 2011-004, § 1, 1-9-2012)

SECTION 54:
AMENDMENT “16.39.030 Conditional Uses Permitted” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.39.030 Conditional Uses Permitted
The following uses and accessory uses may be permitted in the M-1 zone subject to EMC
16.88.020 and the review procedures in EMC 16.132.010 through EMC 16.132.050:
A. Unenclosed light industrial uses;
B. Commercial uses in conjunction with light industrial uses; except in the Northwest
Industrial Sanctuary as defined in EMC 16.39.040(H) and shown on Map 16-1;
C. Accessory uses that exceed the standards identified in EMC 16.39.025(B) or EMC
16.39.025(C);
D. The manufacturing, processing, compounding, packaging, or assembling of products,
the process of which requires that permits be issued by the Oregon State Department
of Environmental Quality or other State, County, or Federal agency for the associated
emissions, discharges, or storage of materials because it constitutes a fire, explosion, or
other physical or environmental hazard, excepting the DEQ 1200-C Construction

Page 76

Exhibit 1

Stormwater Permit and DEQ 1200-Z Industrial Stormwater Discharge Permit;
E. Radio, television and/or cellular transmission tower;
F. Other commercial uses which meet the following requirements:
1. The proposed use will not attract traffic which would substantially conflict
with industrial traffic or have a substantial adverse effect on other neighboring
uses and has adequate access to the highway.
2. The development standards applicable to permitted uses in this zoning district
shall apply to conditional uses, except as provided below:
a. All on-site lighting shall be designed, located or deflected so as not to
shine into off-site structures or impair driving vision.
b. All developments shall be subject to site plan review.
c. Off-street parking shall be provided as required by EMC 16.76.
3. The following additional standards shall apply in the Northwest Industrial
Sanctuary as defined in EMC 16.39.040(H) and shown on Map 16-1:
The total floor area within an individual building occupied by the commercial
use shall not exceed fifteen (15) percent of the total floor area occupied by a
primary industrial use. Formula: 0.15 x industrial floor area = allowable
commercial floor area.
G. Park and ride facility or other public transportation facility not otherwise listed in EMC
16.39.020(E);
H. Transportation facility not identified in the City's Transportation System Plan or Active
Transportation Plan;
I. More than two (2) food carts on a lot of record, subject to EMC 16.66;
J. Auto wrecking yard or junkyard;
K. Extraction and processing of rock, sand, gravel or earth projects or batch plants;
L. Cannabis production, cannabis processing, and cannabis wholesaling regulated by
EMC 16.65;.
M. Data centers that meet the following requirements:
1. The applicant shall provide evidence that adequate electrical, water, sanitary
sewer, and storm drainage facilities are available.
a. The proposed development will not require more than three-tenths of
one percent (0.3%) of Estacada’s Municipal Water Capacity
2. The applicant shall submit documentation from utility providers demonstrating
that the proposed facility will not adversely affect service to existing
customers.
3. Noise generated by equipment, cooling systems, generators, and other
operations shall not exceed 65 dBA at property lines.
(Ord. 2007-6 § 9; Ord. 2000-26 § 6(2): prior code § 10.225(2); Ord. No. 2011-004, § 2, 1-92012; Ord. No. 2018-003, § 3(Exh. 6), 10-8-2018)

SECTION 55:
AMENDMENT “16.39.035 Prohibited Uses” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.39.035 Prohibited Uses
The following uses are prohibited in the M-1 zone:

Page 77

Exhibit 1

A. Commercial uses in the Northwest Industrial Sanctuary as defined in EMC
16.39.040(H) except as provided for in EMC 16.39.025 and EMC 16.39.030
Subsection F;
B. Marijuana retailing.
(Ord. No. 2011-004, § 3, 1-9-2012; Ord. No. 2016-005, § 11, 8-22-2016)

SECTION 56:
AMENDMENT “16.39.040 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.39.040 Standards
A. Setbacks. The setback from any property line abutting a residentially zoned property
shall be a minimum of twenty (20) feet. The supplemental standards and exceptions of
EMC 16.60 and 16.61.060(C)(3)(a) (regarding detached accessory dwelling units)
shall apply.
B. Fences and Walls.
1. A solid fence or wall of not less than six (6) feet in height shall be required
along a property line which is the district boundary with an abutting residential
district.
2. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit. Fences
described above are subject to clear vision regulations of EMC 16.60.010 and
EMC 8.12.050 limiting the use of barbed wire and electrical fences.
C. Parking Requirements. The number of off-street parking spaces as required in EMC
16.76 shall apply in the M-1 zone.
D. Sidewalks. Sidewalks, driveways and service driveways shall conform to standards
established by this code.
E. Landscaping. A minimum of five percent (5%) of the area developed, which includes
but is not limited to areas developed for off-street parking, driveways, and aboveground utility facilities, shall be landscaped in accordance with EMC 16.77.
F. Outdoor storage abutting or facing a street, highway, residential zone shall be screened
with a sight-obscuring fence or a buffer strip of vegetation six (6) feet in height.
G. Noise. Noise generated by the proposed activity shall conform to the requirements of
EMC Title 8 – Health & Safety. The Planning Official, City Engineer, or their
designee may require Tthe applicant shall demonstrate the proposed activity will meet
the applicable standards for noise emissions as required by the Oregon State
Department of Environmental Quality.
H. Access and Circulation:
1. Vehicle access shall conform to EMC 16.116.010(D) where applicable.
2. Development shall conform to all of the standards for pedestrian access and
circulation in EMC 16.75, where applicable.
I. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.
J. The following additional standards shall apply to development within the Northwest

Page 78

Exhibit 1

Industrial Sanctuary (one hundred thirty and four tenths (130.4) acres) as shown on
Map 16-1. The Northwest Industrial Sanctuary is located west of Highway 211-224,
east of Farmstead Road, north of the Estacada Industrial Campus, and south of the city
limits of Estacada.

1. Master Plan: A Master Plan for development within the Northwest Industrial
Sanctuary shall be required. The master plan shall be submitted to the city for
review and approval prior to the first phase of development. The master plan
shall be a conceptual plan for the entire site and shall, at a minimum, include:
Boundary lines and dimensions of the subject property;All proposed lot
lines;Size (in acres) of new lots;Location of delineated wetlands;Location,
dimensions and names of all proposed streets.
(Ord. 2000-26 § 6(3): prior code § 10.225(3); Ord. No. 2011-004, § 4, 1-9-2012; Ord. No.
2012-008, § 1, 1-14-2013; Ord. No. 2018-001, § 1, 6-11-2018)

Page 79

Exhibit 1

SECTION 57:
ADOPTION “16.42.012 Airport Definitions” of the Estacada
Municipal Code is hereby added as follows:
ADO P TIO N
16.42.012 Airport Definitions(Added)
Technical terms used in this chapter are defined below. See also EMC 16.08 Definititons.
“Aircraft” includes airborne vehicles such as airplanes and helicopters, but not hot air balloons
or ultralights. “Airport direct impact area” means the area located within 5,000 feet of an
airport runway, excluding lands within the runway protection zone and approach surface.
“Airport elevation” means the highest point of an airport's usable runway, measured in feet
above mean sea level. “Airport imaginary surfaces” means the imaginary areas in space and on
the ground that are established in relation to the airport and its runways. Imaginary areas are
defined by the primary surface, runway protection zone, approach surface, horizontal surface,
conical surface and transitional surface. “Airport noise impact boundary” means the areas
located within 1,500 feet of an airport runway or within established noise contour boundaries
exceeding 55 Day Night Average Sound Level (the average sound level over a 24-hour
period, with a 10 decibel (dB) penalty added for noise during the nighttime hours of 22:00 to
07:00). “Airport secondary impact area” means the area located between 5,000 and 10,000 feet
from an airport runway. “Airport sponsor” means the owner, manager, or other person or entity
designated to represent the interests of an airport. “Approach surface” means a surface
longitudinally centered on the extended runway centerline and extending outward and upward
from each end of the primary surface:
A. The inner edge of the approach surface is the same width as the primary surface and it
expands uniformly to a width of 1,250.
B. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20
feet outward for each foot upward.
C. The outer width of an approach surface will be that width prescribed in this subsection
for the most precise approach existing or planned for that runway end.
“Conical surface” (airport) means a surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
“Horizontal surface” (airport) means a horizontal plane 150 feet above the established airport
elevation, the perimeter of which is constructed by swinging arcs of specified radii from the
center of each end of the primary surface of each runway of each airport and connecting the
adjacent arcs by lines tangent to those arcs. The radius of each arc is 5,000 feet. “Obstruction”
(airport) means any structure or tree, plant or other object of natural growth that penetrates an
imaginary surface. “Other than utility runway” means a runway that is constructed for and
intended to be used by turbine-driven aircraft or by propeller-driven aircraft exceeding 12,500
pounds gross weight. “Primary surface” (airport) means a surface longitudinally centered on a
runway. When a runway has a specially prepared hard surface, the primary surface extends
200 feet beyond each end of that runway. When a runway has no specially prepared hard
surface, or planned hard surface, the primary surface ends at each end of that runway. The
elevation of any point on the primary surface is the same as the elevation of the nearest point
on the runway centerline. The width of the primary surface is: 250 feet for utility runways. 500
feet for other than utility runways. “Runway” means a defined area on an airport prepared for
landing and takeoff of aircraft along its length. “Runway protection zone (RPZ)” means an

Page 80

Exhibit 1

area off the runway end used to enhance the protection of people and property on the ground.
The RPZ is trapezoidal in shape and centered about the extended runway centerline. The inner
width of Valley View Airport’s RPZ is the same as the width of its primary surface, or 250
feet. The outer width of its RPZ is 700 feet. The RPZ extends from each end of the primary
surface for a horizontal distance of 1,000 feet. “Transitional surface” means those surfaces that
extend upward and outward at ninety (90) degree angles to the runway centerline and the
runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically
from the sides of the primary and approach surfaces to the point of intersection with the
horizontal and conical surfaces. Transitional surfaces for those portions of the precision
approach surfaces which project through and beyond the limits of the conical surface, extend a
distance of five thousand (5,000) feet measured horizontally from the edge of the approach
surface and at a ninety (90) degree angle to the extended runway centerline. “Utility runway”
means a runway that is constructed for, and intended to be used by, propeller driven aircraft of
12,500 pounds maximum gross weight or less. “Visual runway” means a runway intended
solely for the operation of aircraft using visual approach procedures, where no straight-in
instrument approach procedures or instrument designations have been approved or planned, or
are indicated on a Federal Aviation Administration-approved airport layout plan or any other
FAA planning document. “Water impoundment” (airport) means a water feature includinges
wastewater treatment settling ponds, surface mining ponds, detention and retention ponds,
artificial lakes and ponds, and similar water features. A new water impoundment includes an
expansion of an existing water impoundment except where such expansion was previously
authorized by land use action approved prior to the effective date of this ordinance

SECTION 58:
AMENDMENT “16.42.020 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.42.020 Uses Permitted Outright
The following uses and accessory uses (see EMC 16.82) are permitted outright in the A-P
zone:
A. Customary and usual aviation-related activities, including but not limited to takeoffs
and landings; aircraft hangars and tie-downs; construction and maintenance of airport
facilities; fixed based operator facilities; a residence for an airport caretaker or security
officer; and other activities incidental to the normal operation of an airport. Except as
provided in this ordinance, "customary and usual aviation-related activities" do not
include residential, commercial, industrial, manufacturing and other uses.
B. Air passenger and air freight services and facilities, at levels consistent with the
classification and needs identified in the Oregon Department of Aviation Airport
System Plan.
C. Emergency medical flight services, including activities, aircraft, accessory structures,
and other facilities necessary to support emergency transportation for medical
purposes. Emergency medical flight services do not include hospitals, medical offices,
medical labs, medical equipment sales, and other similar uses.
D. Law enforcement and firefighting activities, including aircraft and ground-based
activities, facilities and accessory structures necessary to support federal, state or local
law enforcement or land management agencies engaged in law enforcement or

Page 81

Exhibit 1

firefighting activities. Law enforcement and firefighting activities include transport of
personnel, aerial observation, and transport of equipment, water, fire retardant and
supplies.
E. Search and rescue operations, including aircraft and ground based activities that
promote the orderly and efficient conduct of search or rescue related activities.
F. Flight instruction, including activities, facilities, and accessory structures located at
airport sites that provide education and training directly related to aeronautical
activities. Flight instruction includes ground training and aeronautic skills training, but
does not include schools for flight attendants, ticket agents or similar personnel.
G. Aircraft service, maintenance and training, including activities, facilities and accessory
structures provided to teach aircraft service and maintenance skills and to maintain,
service, refuel or repair aircraft or aircraft components. "Aircraft service, maintenance
and training" includes the construction and assembly of aircraft and aircraft
components for personal use, but does not include activities, structures or facilities for
the manufacturing of aircraft or aircraft-related products for sale to the public.
H. Aircraft rental, including activities, facilities and accessory structures that support the
provision of aircraft for rent or lease to the public.
I. Aircraft sales and the sale of aeronautic equipment and supplies, including activities,
facilities and accessory structures for the storage, display, demonstration and sales of
aircraft and aeronautic equipment and supplies to the public but not including
activities, facilities or structures for the manufacturing of aircraft or aircraft-related
products for sale to the public.
J. Crop dusting activities, including activities, facilities and structures accessory to crop
dusting operations. Crop dusting activities include, but are not limited to, aerial
application of chemicals, seed, fertilizer, defoliant and other chemicals or products
used in a commercial agricultural, forestry or rangeland management setting.
K. Agricultural and Forestry Activities legally existing on or before January 8, 2024 or
accessory to a primary outright-permitted use, including activities, facilities and
accessory structures that qualify as a "farm use" as defined in ORS 215.203 or
"farming practice" as defined in ORS 30.930.
L. Dwellings legally existing and assessed as a dwelling on or before January 8, 2024.
M. Residential treatment facility as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;
N. Residential treatment home as defined in EMC 16.08 and according to the
requirements and limitations of ORS 197A.385;

SECTION 59:
AMENDMENT “16.42.030 Conditional Uses Permitted” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.42.030 Conditional Uses Permitted
The following uses and accessory uses (see EMC 16.82) are permitted in the Airport Zone
subject to EMC 16.88.020 and the review procedures in EMC 16.132.010 through EMC
16.132.050:
A. Upon demonstration of acceptance by the airport sponsor: Aeronautic recreational and
sporting activities, including activities, facilities and accessory structures at airports that
support recreational usage of aircraft and sporting activities that require the use of

Page 82

Exhibit 1

aircraft or other devices used and intended for use in flight. Aeronautic recreation and
sporting activities authorized under this paragraph include, but are not limited to, flyins; glider flights; hot air ballooning; ultralight aircraft flights; displays of aircraft;
aeronautic flight skills contests; and gyrocopter flights, but do not include flights
carrying parachutists or parachute drops (including all forms of skydiving).
B. Upon demonstration of acceptance by the airport sponsor: Flights carrying
parachutists, and parachute drops (including all forms of skydiving) onto an airport,
but only upon demonstration that the parachutist business has secured approval to use
a drop zone that is at least 10 contiguous acres. The configuration of the drop zone
shall roughly approximate a square or a circle and may contain structures, trees, or
other obstacles only if the remainder of the drop zone provides adequate areas for
parachutists to land safely.
C. Governmental structure or use of land; and
D. Public utility substations as required with safeguards against harm to adjacent or
abutting property owners.

SECTION 60:
AMENDMENT “16.42.040 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.42.040 Standards
The following standards shall apply in the A-P zone:
A. Lot Size and Dimensions.
1. The minimum lot size shall be fifty (50) acres.
2. Minimum lot frontage for a flag lot shall be twenty-five (25) feet.
3. No lot area, yard, off-street parking or loading area, or other required open
space for one use shall be used as the required lot area, yard, off-street parking
or loading area, or other required open spaces for another use.
B. Parking Requirements. The number of off-street parking spaces as required in EMC
16.76 shall apply in the A-P zone.
C. Sidewalks. Sidewalks, driveways and service driveways shall conform to standards
established by this code.
D. Non-Residential Uses. For all non-residential uses in the A-P zone, the following
standards shall apply:
1. Setbacks from Residential Zones. All yards abutting a lot in a residential zone
shall provide a minimum of twenty (20) feet between the residential zone
boundary and any structure or use regulated by this sSection.
2. Landscaping. A minimum of five percent (5%) of the area developed, which
includes but is not limited to areas developed for off-street parking, driveways,
and above-ground utility facilities, shall be landscaped in accordance with
EMC 16.77.
3. Outdoor storage abutting or facing a street, highway, or residential zone shall
be screened with a sight-obscuring fence or a buffer strip of vegetation six (6)
feet in height.
E. Residential Uses. For all residential uses in the A-P zone, the following standards shall
apply:
1. Setbacks.

Page 83

Exhibit 1

a. Dwellings shall be located a minimum of two hundred (200) feet from
the edge of the runway.
b. The front setback shall be a minimum of twenty (20) feet.
c. .Minimum side setbacks shall be five feet, xcept:
The common side of a commonwall dwelling, which is zero (0)
feet.Dwellings with a second story bedroom window that faces a side
yard and is situated more than 15 feet above the ground level. As
demonstrated in Figure 1 below, the minimum side setback is
calculated by dividing the lower windowsill height (the distance from
the lower windowsill to grade level directly below the center of the
window) by three. Such windows used for egress must have
minimum dimensions of at least three feet by three feet. The bedroom
may instead be equipped with an automatic fire sprinkler system,
unless otherwise approved by the City.If a public utility easement
(PUE) exists on the side property line, the side yard setback shall be
equal to the width of the PUE, if greater than the side yard setback
required above.
Figure 1.

d. The rear setback shall be a minimum of fifteen (15) feet except:
An accessory structure not used for human habitation and separated
from the main building may be located up to five feet from a rear
property line.On a corner lot, setbacks required from the rear property
line shall be the same as required for side yards.
e. The supplemental standards and exceptions of EMC 16.60, as and
well as 16.61.060(C)(3)(a) regarding (detached accessory dwelling
units,) shall apply.
F. Fences and Walls.
1. Fences and sight-obscuring fences, with the exception of evergreen plantings,
cannot exceed seven (7) feet in height without a building permit.
2. Fences described above are subject to clear vision regulations of EMC
16.60.010 and EMC 8.12.050 limiting the use of barbed wire and electrical
fences.
G. Drainage. An applicant for a building permit shall submit a plan showing width, depth,
and direction of flow of all drainage channels on property. In addition, the location,

Page 84

Exhibit 1

size and type of conduit used in drainage channels and driveway accesses shall be
clearly delineated. Water from roof drains and other impervious surfaces shall not be
concentrated and directed so as to cause damage to property and shall be disposed of
in accordance with EMC 13.08.010.
H. Building Height. No building shall exceed a height of thirty-five (35) feet.
I. Lot Coverage. Except as provided below, buildings including accessory structures and
garages shall not occupy more than twenty (20) percent of the total lot area.
J. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.
K. Access and Circulation:
1. Vehicle access shall conform to EMC 16.116.010(D), where applicable.
2. Development shall conform to all of the standards for pedestrian access and
circulation in EMC 16.75, where applicable.

SECTION 61:
AMENDMENT “16.44.015 Uses Permitted Outright” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.44.015 Uses Permitted Outright
The following uses and accessory uses
(see EMC 16.82) are permitted outright
in the O-S zone:
A. Public pedestrian and multi-use trails, paths, and
boardwalks identified in the 2018 most recently
adopted Active Transportation Plan;
B. Public facilities, and uses identified in the most recently
adopted Waterfront Concept Plan of the 2018 Parks
Master Plan.
C. Residential treatment facility as defined in EMC 16.08
and according to the requirements and limitations of
ORS 197A.385;
D. Residential treatment home as defined in EMC 16.08
and according to the requirements and limitations of
ORS 197A.385;

SECTION 62:
AMENDMENT “16.44.020 Conditional Uses” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.44.020 Conditional Uses

Page 85

Exhibit 1

The Planning Commission, after public hearing, may permit the following uses and their
accessory uses (see EMC 16.82) according to the process and standards under EMC 16.88,
where such uses are deemed essential or desirable to the public convenience or welfare and are
consistent with the goals, objectives and policies of the comprehensive plan.
A. Educational institutions;
B. Governmental buildings;
C. Public libraries and museums;
D. Public utilities, services, and structures;
E. Informational and promotional kiosk or centers;
F. Public parks.
(Prior code § 10.227(1))

SECTION 63:
AMENDMENT “16.44.030 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.44.030 Standards
A. Off-street parking shall be provided as required in EMC 16.76.
B. Structures shall be setback from residential zones a minimum of twenty (20) feet.
C. Outdoor storage abutting or facing a street, highway, or residential zone shall be
screened with a sight-obscuring fence, or a buffer strip of vegetation six (6) feet in
height.
D. Landscaping. At least ten (10) percent of the total area developed shall be landscaped
in accordance with EMC 16.77.(Prior code § 10.227(2))
E. Access and Circulation: 1. Vehicle access shall conform to EMC 16.116.010(D),
where applicable. 2. Development shall conform to all of the standards for pedestrian
access and circulation in EMC 16.75, where applicable.
F. Geological Analysis Requirement. Any property identified as a geological natural
hazard area as listed in EMC 16.68.030 or any property that has a slope of thirty-three
(33) percent or greater, as defined by a 3:1 ratio, 3 horizontal: 1 vertical, will require a
geotechnical analysis of the property as outlined in EMC 16.68.030.
(Prior code § 10.227(2))

SECTION 64:
AMENDMENT “16.48.010 Purpose” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.48.010 Purpose
The intent and purpose of this overlay district is to implement the goals and policies of the
comprehensive plan and encourage property owners to enhance and maintain historically
designated resources within the community. In the H-R zone, the following regulations shall

Page 86

Exhibit 1

apply.
The provisions of this section are intended to:
A. Facilitate restoration and upkeep of historic buildings;
B. Encourage public knowledge, understanding and appreciation of the Ccity's history
and culture;
C. Preserve diverse architectural styles reflecting phases of the Ccity's history; and
encourage complementary design and construction for development impacting that
may affect historic resources.
(Prior code § 10.228 (part))

SECTION 65:
AMENDMENT “16.52.050 Special Considerations” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.52.050 Special Considerations
A. Before approval of a P-D overlay zone application, the planning commission shall
determine that:
1. The development will be consistent with the comprehensive plan provisions
and zoning objectives of the area;
2. The development will be compatible with adjacent and nearby land uses and
accommodate planned and necessary transportation and utility services and
facilities to serve the area. For purposes of this evaluation, the lands at least
two hundred fifty (250) feet from the outside boundary of the lot upon which
the development is proposed shall be considered;
3. The streets are adequate to support the anticipated traffic and the development
will not overload the streets outside the planned development area;
4. Proposed utility and drainage facilities are adequate for the population
densities and type of development proposed and will not create a drainage or
pollution problem outside the planned area.
B. In considering a proposed planned unit development, all requirements of the city code
shall apply, except as modified below:
1. Site Adaptation. To the maximum extent possible, the plan and design of the
development shall ensure that natural or unique features of the land are
preserved.
2. Lot Arrangement. All lots within the development shall have reasonable
access to open space or recreation areas, as defined in EMC 16.52.040(I)(5).
3. Density of Development. For purposes of determining residential density,
computations involving residential land shall be subject to the underlying
zoning district.
4. Lot Size. Individual lot size is unrestricted, provided that the overall density of
the development shall not exceed the density in the underlying zoning district.
5. Community Services. The city may request the dedication of proposed open
space land that is reasonably suited for use as a city park or for recreation
purposes, taking into consideration such factors as size, shape, topography,
geology, access, location, and applicable comprehensive plan policies, when

Page 87

Exhibit 1

such dedication is consistent with the ability of the city to maintain such parks.
6. Structure Setback Provision.
a. Setbacks for lots on the perimeter of the plat area shall be the same as
that required for the underlying zoning district.
b. Minimum front yard setback is twenty (20) feet. This standard may be
modified for residential dwellings, providing any garage structure
facing a street maintains a twenty (20) foot setback.
c. All detached structures shall maintain a minimum side yard setback of
three (3) feet or meet the Uniform Building Code requirement for
firewalls.
d. Minimum rear yard setback is three (3) feet for all detached and
attached structures or meets the Uniform Building Code requirement
for firewalls.
7. Individual Lot Street Frontage. No individual lot street frontage is required
when such lots are shown to have adequate access in a manner that is
consistent with the purposes and objectives of this section.
8. Parking Standards.
a. Two off-street parking spaces per dwelling unit shall be established,
except for duplexes, which require one off-street parking space per
unitOff-street parking shall be provided in accordance with EMC
16.76.
b. Off-street parking may be provided on each lot or in parking areas in
proximity to the dwelling units they serve.
c. Guest parking may be required after consideration of street type,
width, traffic, volume, transit amenities and pedestrian circulation.
d. Sufficient parking space may be required for storage of residents'
recreational vehicles. If required, recreational vehicle parking shall be
located so as to be compatible with the surrounding development. If
located on the perimeter of the development, it shall be screened from
adjacent properties.
9. Homeowners' Association. A nonprofit incorporated homeowners'
association, or an alternative acceptable to the city, shall be required if other
satisfactory arrangements have not been made for improving, operating and
maintaining common facilities, including open space, streets, drives, service
and parking areas, park and recreation areas, and for snow removal and
storage. The following principles shall be observed in the formation of any
homes association and shall be reviewed by the city attorney's office.
a. A homeowners' association shall be established prior to approval and
recording of the final plat, or any portion thereof.
b. Membership shall be mandatory for each homebuyer and any
successive buyer.
c. Any park or open space restrictions shall continue in perpetuity.
d. The homeowners' association shall be responsible for liability
insurance, local taxes, and the maintenance of recreational and other
facilities.
e. Homeowners shall pay their pro rata share of the cost or the
assessment levied by the association shall become a lien on the
property.
f. The homeowners' association shall be able to adjust the assessment to
meet changes, as needed.
g. No change in park or open space use or dissolution of the

Page 88

Exhibit 1

homeowners' association shall occur without a public hearing before
the city council.
10. An alternative to a homeowners' association may include deed restrictions or
conservation easements, when the Ccity determines such will protect the intent
and purposes of this chapter and be in the public's interest.
11. Planned Unit Developments shall conform to the review process outlined in
EMC 16.134 Residential Development Application Procedures.
(Ord. 2005-6 § 1 (part))

SECTION 66:
AMENDMENT “16.54.020 Notice Of Land Use And Permit
Applications Within Overlay Zone” of the Estacada Municipal Code is hereby amended as
follows:
AMEN DMEN T
16.54.020 Notice Of Land Use And Permit Applications Within Overlay Zone
Except as otherwise provided herein, written notice of applications for land use or limited land
use decisions as defined in ORS 197.015 (12), including comprehensive plan or zoning
amendments and development applications, in an area within this overlay zone, shall be
provided to the airport sponsor and the Oregon Department of Aviation (ODAV) in the same
manner as notice is provided to property owners entitled by law to written notice of land use or
limited land use applications.
A. Notice shall be provided to the airport sponsor and the ODAV when the property, or a
portion thereof, that is subject to the land use or limited land use application is located
within five thousand (5,000) feet of the sides or ends of a runway.
B. Notice of land use or limited land use applications involving public hearings shall be
provided prior to the public hearing at the same time that written notice of such
applications is provided to property owners entitled to such notice.
C. Notice of land use or limited land use applications not involving public hearings shall
be provided at least twenty (20) days prior to entry of the initial decision on the land
use or limited land use application.
D. Notice of the decision on the land use or limited land use application shall also be
provided to the airport sponsor within the same timelines that notice is provided to
parties to the proceeding.
E. Notices required under Paragraphs Subsections A-C of this section need not be
provided to the airport sponsor or the ODAV where the land use or limited land use
application meets all of the following criteria:
1. Would only allow structures of less than thirty-five (35) feet in height above
ground level (AGL);
2. Involves property located entirely outside the approach surface;
3. Does not involve industrial uses, mining or similar uses that emit smoke dust
or steam; sanitary landfills or water impoundments; or radio, radiotelephone,
television or similar transmission facilities or electrical transmission lines; and
4. Does not involve wetland mitigation, creation, enhancement or restoration.

Page 89

Exhibit 1

SECTION 67:
AMENDMENT “16.54.030 Height Limitations On Allowed
Uses In Underlying Zone” of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.54.030 Height Limitations On Allowed Uses In Underlying Zone
All uses permitted by the underlying zone shall comply with the height limitations in this
Section. When height limitations of the underlying zone are more restrictive than those of this
overlay zone, the underlying zone height limitations shall control.
A. Except as provided in subsections B and C of this Section, no structure or tree, plant or
other object of natural growth shall penetrate an airport imaginary surface. Refer to
OAR 660 Division 13, Exhibit 1 for a description of public use airport overlay
surfaces and zones.
B. For areas within airport imaginary surfaces but outside the approach and transition
surfaces, where the terrain is at higher elevations than the airport runway surfaces such
that existing structures and permitted development penetrate or would penetrate the
airport imaginary surfaces, a local government may authorize structures up to thirtyfive (35) feet in height above ground level (AGL).
C. Other height exceptions or variances may be permitted when supported in writing by
the airport sponsor, the Oregon Department of AviationODAV, and the Federal
Aviation AdministrationFAA. Applications for height variances shall follow the
procedures for other variances and shall be subject to such conditions and terms as
recommended by the ODAV and the FAA.

SECTION 68:
AMENDMENT “16.54.050 Limitations And Restrictions On
Allowed Uses” of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.54.050 Limitations And Restrictions On Allowed Uses
A. The land uses identified in Table 1, and their accessory uses, are either permitted,
permitted under limited circumstances, or prohibited in the manner described in the
Table and in the numbered list of table notes below. In the event of conflict with the
underlying zone, the more restrictive provisions shall control. As used in this section, a
limited use means a use that is allowed subject to special standards specific to that use.
Table 1: Limitations & Restrictions On Allowed Uses.
Key:
P = Use is
Permitted;
L = Use is
allowed under
Limited
circumstances

Page 90

Exhibit 1

described under
the
corresponding
number in the list
below;
N = Use is Not
allowed.
RPZ

Approach
surface

Direct impact
area

Secondary
impact area

Public airport

L

L

P

P

Residential

N

L

L

P

Commercial

N

L

L

P

Industrial

N

L

P

P

Institutional

N

L

L

P

Farm use

P

P

P

P

Roads/parking

L

P

P

P

Utilities

L

L

L

L

Parks/open space

L

P

P

P

Athletic field

N

L

L

P

Mining

N

L

L

L

Water
impoundment

N

N

N

N

Wetland
mitigation

N

L

L

L

Use Category

Limitations and restrictions on the allowed uses in Table 1 include:
1. No structures shall be allowed within the Runway Protection Zone (RPZ). Exceptions
shall be made only for structures accessory to airport operations whose location within
the RPZ has been approved by the Federal Aviation AdministrationFAA.
2. In the RPZ, public airport uses are restricted to those uses and facilities that require
location in the RPZ.
3. Roads and parking areas are permitted in the RPZ only upon demonstration that there
are not practicable alternatives. Lights, guardrails, and related accessory structures are
prohibited. Cost may be considered in determining whether practicable alternatives
exist.
4. In the RPZ, utilities, powerlines and pipelines must be underground. In approach
surfaces and in airport direct and secondary impact areas, the proposed height of
utilities shall be coordinated with the airport sponsor and Oregon Department of
AviationODAV.
5. Public assembly facilities are prohibited in the RPZ.
6. Within ten thousand (10,000) feet from the end of the primary surface of a nonprecision instrument runway, and within fifty thousand (50,000) feet from the end of
the primary surface of a precision instrument runway.

Page 91

Exhibit 1

7. Public assembly facilities may be allowed in an approach surface only if the potential
danger to public safety is minimal. In determining whether a proposed use is
appropriate, consideration shall be given to: proximity to the RPZ; density of people
per acre; frequency of use; level of activity at the airport; and other factors relevant to
public safety. In general, high density uses should not be permitted within airport
approach surfaces, and residential structures should be located outside approach
surfaces unless no practicable alternatives exist.
8. Residential densities within approach surfaces shall not exceed the following densities:
a. Within five hundred (500) feet of the outer edge of the RPZ, one (1) unit per
acre;
b. Within five hundred (500) to one thousand five hundred (1,500) feet of the
outer edge of the RPZ, two (2) units per acre;
c. Within one thousand five hundred (1,500) to three thousand (3,000) feet of the
outer edge of the RPZ, four (4) units per acre.
9. Mining operations involving the creation or expansion of water impoundments shall
comply with the requirements of this document regarding water impoundments.
10. Water impoundments are prohibited within five thousand (5,000) feet from the edge or
end of a runway.
11. Wetland Mitigation required for projects located within an approach surface, the airport
direct or secondary impact area shall be authorized only upon demonstration,
supported by substantial evidence, that it is impracticable to provide mitigation outside
of these areas. Proposals for wetland mitigation shall be coordinated with the airport
sponsor, the Oregon Department of AviationODAV, the Federal Aviation
AdministrationFAA, and the wetland-permitting agencies prior to the issuance of
required permits. Wetland mitigation shall be designed and located to avoid creating a
wildlife hazard or increasing hazardous movements of birds across runway and
approach surfaces. Conditions shall be imposed as appropriate and necessary to
prevent in perpetuity an increase in hazardous bird movements across runway and
approach surfaces.
12. Within the transitional surface, residential uses and athletic fields are not permitted.
13. Within the transitional surface, overnight accommodations, such as hotels, motels,
hospitals and dormitories, are not permitted.
14. See EMC 16.54.060 prohibiting or regulating water impoundments within five
thousand (5,000) or ten thousand (10,000) feet of the end or edge of a runway.

SECTION 69:
AMENDMENT “16.54.070 Nonconforming Uses” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.54.070 Nonconforming Uses
A. These regulations shall not be construed to require the removal, lowering or alteration
of any structure not conforming to these regulations. These regulations shall not
require any change in the construction, alteration or intended use of any structure, the
construction or alteration of which was begun prior to the effective date of this overlay
zone.
B. Notwithstanding Ssubsection A. of this section, the owner of any existing structure
that has an adverse effect on air navigational safety as determined by the Oregon

Page 92

Exhibit 1

Department of AviationODAV shall install or allow the installation of obstruction
markers as deemed necessary by the ODAV, so that the structures become more visible
to pilots.
C. No land use or limited land use approval or other permit shall be granted that would
allow a nonconforming use or structure to become a greater hazard to air navigation
than it was on the effective date of this overlay zone.

SECTION 70:
AMENDMENT “16.60.030 Accessory Structures And Uses”
of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.60.030 Accessory Structures And Uses(RESERVED)
An accessory use shall comply with all requirements for a principal use, except as this title
specifically allows to the contrary, and shall comply with the following limitations:
A. Accessory Structures. An accessory structure not used for human habitation and
separated from the main building may be located up to five feet from a rear property
line if the structure is no more than fifteen (15) feet in height. Structures over fifteen
(15) feet must meet the setback standards established in each zoning district.
B. Fences. Fences, hedges and walls limited to six feet in height may be located within
required setbacks, but shall not exceed two and one-half feet or thirty (30) inches in
height in any required setback which abuts corner property at the intersection of two
streets, or from the intersection of a private drive or road easement and a public street
or alley.
C. Decks. Unenclosed decks, unroofed landings, porches and stairs may project into any
required setback providing the following conditions are met:
1. No portion except for guard rails shall extend above the floor level of a
habitable room.
2. No such projection shall obstruct a stairway.
3. No such projection shall extend into a required setback no more than one-third
the distance of the required setback.
D. Manager/Caretaker Residences. In the M-1 zone, a residence may be established
secondary to the main use of the property for the sole purpose of providing living
quarters for the owner, operator or caretaker of a commercial or industrial enterprise;
provided that:
1. The living space shall be located on the same property as the commercial or
industrial operation and is justified by the requirement of twenty-four (24)
hour attendance;
2. Occupancy is limited to the manager/caretaker and their immediate family.
E. R.V. Conversions. Recreational vehicles cannot be utilized for a commercial business
on a permanent basis. Temporary placement may be authorized by the planning
commission using the procedure for conditional uses as set forth in EMC 16.88.
(Prior code § 10.460)

Page 93

Exhibit 1

SECTION 71:
AMENDMENT “16.60.050 General Exceptions To Setback
Requirements” of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.60.050 General Exceptions To Setback Requirements
The following exceptions to setback requirements for any structure are authorized for a lot in
any zone.
A. The required front or rear setback for a structure may be based upon the average of the
front or rear setbacks of dwellings/garages on all lots within one hundred (100) feet of
both sides of the proposed structure. On vacant parcels within one hundred (100) feet,
standard lot requirements shall be used in establishing the average.
B. Special Setback Requirements. Under certain circumstances the following special
setback requirements shall apply:
1. Buildings and pens, which are part of kennels and animal hospitals, and active
recreation use areas which are a part of outdoor commercial amusement or
recreation establishments shall be located no closer than seventy-five (75) feet
from a residential zone.
2. Clubs, lodges, fraternal organizations, community swimming pools, and
buildings housing recreational facilities in residential zones shall be located no
closer than thirty (30) feet from any other lot in a residential zone.
C. Side setbacks for commonwall dwellings shall be as follows:
1. The minimum side setback for the common side of attached dwellings is zero
(0) feet.
2. Two-unit and three-unit commonwall dwellings shall meet the side setback
standard provided in Subsection 3 for sides that are not attached.
3. Commonwall dwellings with four (4) units shall have a minimum side setback
of ten (10) feet for the sides that are not attached.
D. On a corner lot, setbacks required from the rear property line shall be the same as
required for side yards.
E. Detached accessory dwelling units are allowed exceptions to rear setbacks as provided
in EMC 16.61.060(C)(3)(a).
(Prior code § 10.520)

SECTION 72:
AMENDMENT “16.60.060 Residential Density” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.60.060 Maximum Residential Density
A. Definitions. Refer to EMC 16.08 for definitions of "Density" and "Acreage, Net"
B. Maximum Residential Density. Maximum density for multi-familyunit dwellings is
based on the maximum number of dwelling units permitted per net acre of land.
Density for all other housing types is based on minimum lot size per dwelling unit.

Page 94

Exhibit 1

These standards are provided in the base zone chapters of the EMC.
1. In the R-3, NCR, and C-2 zones, maximum residential density for multifamily dwellings shall be thirty (30) dwelling units per net acre.
2. In the MMU and CMU zones, maximum residential density for multi-family
dwellings shall be forty (40) dwelling units per net acre.
Editor's note—Ord. No. 2016-003, § 1(Exh. C), adopted May 23, 2016, repealed §
16.60.060, which pertained to bed and breakfast inns and derived from prior code § 10.598.

SECTION 73:
AMENDMENT “16.60.070 Minimum Residential Density”
of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.60.070 Minimum Residential Density
A. Residential subdivisions and new multi-family development in the R-3, NCR, and C-2
zones must achieve a minimum density that is at least fifty (50) percent of the
maximum density permitted in EMC 16.60.060.B.1 for the zoning district in which
they are located.
B. Residential subdivisions and new multi-family development in the MMU and CMU
zones must achieve a minimum density of at least fifteen (15) dwelling units per net
acre.
C. Projects proposed at less than the minimum density must demonstrate on a site plan or
other means, how, in all aspects, future intensification of the site to the minimum
density or greater can be achieved.Refer to the definition of “Density” and “Acreage,
Net” when calculating residential density.
D. Minimum residential density is calculated as follows:
.For zones and housing types for which residential density is regulated by minimum lot
area required per dwelling:For residential subdivisions and new multi-family
development in the MMU and CMU zones:For zones and housing types for which
residential density is regulated by maximum dwelling units per acre (except as
provided in Subsection C.2):Refer to the definition of “Acreage, Net.” Multiply the net
acreage of the site by 0.50.Multiply the resulting number in step a by 43,560 to
determine the total square footage of the site.Divide the resulting number in step b by
the minimum land area required per dwelling for the applicable zone and housing type,
as expressed in square feet, to determine the minimum number of dwellings that must
be built on the site.Refer to the definition of “Acreage, Net.”Multiply net acreage of
the site by 15 to determine the minimum number of dwellings that must be built on the
site.Refer to the definition of Net Acreage. Multiply the net acreage of the site by
0.50.Multiply the resulting number in step a by the maximum residential density
required in the applicable zone, as expressed in dwelling units per net acre, to
determine the minimum number of dwellings that must be built on the site.If the
resulting number in step 1.b, 2.b, or 3.b is not a whole number, the number is rounded
to the nearest whole number as follows: If the decimal is equal to or greater than 0.5,
then the number is rounded up to the nearest whole number. If the decimal is less than
0.5, then the number is rounded down to the nearest whole number.

Page 95

Exhibit 1

SECTION 74:
ADOPTION “16.60.080 Cottage Clusters” of the Estacada
Municipal Code is hereby added as follows:
ADO P TIO N
16.60.080 Cottage Clusters(Added)
A. Standards adopted by reference. Cottage cluster development on any lot or parcel shall
meet the siting and design standards of the Medium Cities Model Code Chapter 5,
Cottage Cluster, as adopted below, in lieu of base zone standards governing lot
dimensions, coverage, FAR, open space, and dwelling siting/design. Cottage cluster
measurements shall follow the methodology detailed in Chapter 10, as adopted below.
A cottage cluster shall contain no fewer than three (3) dwelling units.
B. The City hereby adopts by reference the following chapter and sections of the Oregon
Department of Land Conservation and Development (DLCD) Medium Cities Model
Code, as authorized under ORS 92.031 and Oregon Administrative Rules (OAR)
660-008-0410, as they pertain to Cottage Clusters:
1. Chapter 5 Cottage Cluster
2. Sections 10.1.1 through 10.1.4 of Chapter 10 Measurement Methodologies
and Definitions
A. This chapter and these sections of the Medium Cities Model Code are available as an
attachment to OAR 660-008-0410 and are incorporated as if fully set forth herein.
Chapter 8 Bonuses is not applicable.
B. Other standards. Natural hazard, steep slope, and access/sight-distance standards
elsewhere in this Code continue to apply. Land divisions within a cottage cluster
project follow the Code's standard land division procedures or the procedures of EMC
16.106 Middle Housing Land Divisions.

SECTION 75:
AMENDMENT “16.61.010 Purpose” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.61.010 Purpose
Accessory dwelling units (ADUs) are allowed, in part, to forward the following priorities, so
far as they are consistent with the adopted Comprehensive Plan:. ADUs promote the following
city priorities:
A. Create new housing units while respecting the look and scale of existing development;
B. Support more efficient use of existing housing stock, the finite land supply within city
limits, and existing infrastructure;
C. Offer environmentally friendly housing choices with less average space per person and
smaller associated carbon footprints;
D. Provide housing that responds to changing householdfamily needs, smaller
households, and increasing housing costs;
E. Provide accessible housing for seniors and persons with disabilities; and

Page 96

Exhibit 1

F. Comply with State of Oregon housing standardsguidelines.
(Ord. No. 2018-001, § 1, 6-11-2018)

SECTION 76:
ADOPTION “16.61.015 Definitions” of the Estacada
Municipal Code is hereby added as follows:
ADO P TIO N
16.61.015 Definitions(Added)
Refer to EMC 16.08 for definitions of "Accessory dwelling unit" ("ADU"), "Detached
ADU", and "Attached ADU".

SECTION 77:
AMENDMENT “16.61.020 Eligibility” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.61.020 Eligibility
A. An aAccessory dwelling unit (ADU) may be located on a lot of record in a zoning
district where ADUs are permitted as accessory uses, provided the ADU is accessory
to a legal single-unitfamily dwelling, a duplex, a triplex, a fourplex, a commonwall
dwelling, or a multi-unitfamily dwelling on the same lot and provided all other
requirements of the underlying zoning district are met.
B. A maximum of two (2) ADUs may be located on a lot with a single-unitfamily
dwelling, provided they meet the standards of EMSection 16.61.030, Subsections(A)
and (B), and a maximum of one (1) ADU can be located on a lot with a duplex,
triplex, fourplex, commonwall dwelling, or multi-unitfamily dwelling.
C. An ADU cannot be accessory to a dwelling unit that comprisesis part of a cottage
cluster.
(Ord. No. 2018-001, § 1, 6-11-2018)

SECTION 78:
AMENDMENT “16.61.030 Creation” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.61.030 Creation
An ADUaccessory dwelling unit may be created by the construction of a new structure or the
conversion or expansion of an existing structure. An ADU may be constructed while
theconcurrently with its primary dwelling it will be accessory to is also constructed; however,
the ADU may not be occupied whenever construction of the primary dwelling is not

Page 97

Exhibit 1

authorized by a valid building permit andat any time before the primary dwelling has not been
permitted for occupancy.
Up to two (2) ADUsaccessory dwelling units are allowed on a lotsite with a single-unitfamily
dwelling, provided the following standards are met:
A. The lot is at least seventy-five hundred (7,500) square feet in area; and
B. At least one (1) of the ADUs is internal to the primary dwelling (i.e., created by
converting existing floor area in the primary dwelling).
(Ord. No. 2018-001, § 1, 6-11-2018)

SECTION 79:
AMENDMENT “16.61.060 Design” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.61.060 Design Standards
Design standards specifically for accessory dwelling units are stated in this section. If a
relevant design standard is not addressed in this section, the development standards of the
underlying zoning district apply.
A. All accessory dwelling unitsADUs (both attached and detached dwelling units and
accessory suites) must meet the following requirements:
1. Size. An accessory dwelling unitADU may be no more than nine hundred
(900) square feet or the total habitable floor area of the primary dwelling,
whichever is less.H; however, an accessory suite that occupies the entirety of
the lowest floor of a primary dwelling may have a maximum area of twelve
hundred 1,200 square feet.
2. Height. The maximum height allowed is the height of allowed in the
underlying zone.
3. Parking. No additional off-street parking is required for one (1) ADU. If a
second ADU is proposed built on a lot with a single-family unit dwelling, a
minimum of one (1) off-street parking space shall be provided on the subject
property for the second ADU. The ADU's side and rear yard setback areas
shall not be used for the required ADU parking space.
4. Entry. All accessory dwelling unitsADUs must have a minimum of one (1)
outdoor entrance.
5. Lot Coverage. If an ADU is accessory to a single-family dwelling on a lot that
is five thousand (5,000) square feet or smaller in area, the ADU may exceed
the maximum lot coverage of the underlying zoning district by up to ten (10)
percent.
B. Accessory suites must meet the following additional requirements:
1. Location of entrances. The entrance(s) to an accessory suite shall be on the
side and rear of the primary dwelling, unless there is no ground-level access to
the suite or if the primary dwelling has more than one front entrance prior to
the development of the accessory suite and the total number of entrances to the
primary dwelling is not increased.
2. Exterior stairs. Fire escapes or exterior stairs for access to an upper level

Page 98

Exhibit 1

accessory suite shall not be located on the front of the primary dwelling.
C. Detached accessory dwelling unitsADUs must meet the following additional
requirements:
1. Design and appearance. The accessory dwelling unit shall be designed so that
the appearance of the building conforms to the original design characteristics
and style of the primary dwelling. To meet this requirement, the detached
accessory dwelling shall have at least two of the following design features in
common with the primary dwelling:The windows are limited to the upper one
third of the ADU building elevation; orExterior color and exterior finish
materials;Roof pitch;Eaves; orTrim.A minimum six (6) foot screen by fencing
or evergreen shrubs is installed between the ADU and the abutting residential
property. The screen or fencing shall extend the entire length of the ADU
building elevation. Shrubs shall be no less than 5 five feet in height at time of
planting.
2. Windows orientation and privacy. Windows shall not be placed on any ADU
building elevation that is facing and within 20 feet of an abutting residential
property unless:
3. Setbacks.
a. Except as provided below, the minimum side and rear yard setbacks
for a detached accessory dwelling unitADU shall be the same as for
the primary dwellings in the same zoning district;
(1) If the rear yard abuts an alley, the minimum rear yard setback
for a detached ADU shall be five (5) feet.
(2) If the rear yard does not abut an alley, and the ADU does not
exceed two stories or a height of twenty-five (25) feet, the
minimum rear yard setback shall be ten (10) feet.
(3) An ADU that is converted from an existing and legal
nonconforming or conforming detached accessory structure
may have a zero-foot setback.
b. A detached accessory dwelling unitADU shall be at least ten (10) feet
behind the front building line of any primary dwelling on the same lot,
unless the ADU:
(1) Is created through the conversion of an existing and legal
detached accessory structure that does not meet this standard
and the ADU is not made any closer to the front lot line; or
(2) Is located above a detached garage and extends no closer to
the front lot line than the garage below.
4. Building footprint. The building footprint of a detached accessory dwelling
unitADU may not be larger than the building footprint of any one single
primary dwelling on the same lot.
(Ord. No. 2018-001, § 1, 6-11-2018)

SECTION 80:
AMENDMENT “16.62.030 Review Type” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.62.030 Review Type

Page 99

Exhibit 1

A. Permitted Use. Short-term rentals that adhere to the regulations contained in EMC
16.62 are allowed as permitted outright uses in the R-1, R-2, R-3, NCR, D, C-1, C-2,
MMU, and CMU zoning districts. Short-term rentals are also allowed as accessory to
an approved permitted use in all locations approved in the R-1, R-2, R-3, NCR, D, C1, C-2, MMU, R-C, and CMU zoning districts. For example, an existing single-family
unit dwelling may also contain a short-term rental.
B. Conditional Use. Short-term rentals that do not adhere to the regulations as contained
inunder EMC 16.62 may be requested for approval using the conditional use permit
process. If a conditional use permit is requested, it shall be processed in accordance
with EMC 16.88.
C. Conditional Use,Approval For Outdoor Lodging. Outdoor lodging not located within
a dwelling (i.e.e.g., tent, yurt, teepee, etc.) may be considered for approval using
through the conditional use permit process under EMC 16.88, if provided that the
following regulations standards are met:
1. Outdoor lodging shall be located on a residentially zoned property (i.e., R-1,
R-2, R-3, or NCR).
2. Outdoor lodging shall be accessory to a dwelling unit with owner occupancy.
3. Outdoor lodging shall be located on at least one (1) acre.
4. Outdoor lodging shall not be visible from the public right-of-way and located
at least fifteen (15) feet from rear and side lot lines.
5. Outdoor lodging shall be limited from the 1st of April 1 to through the 30th of
September 30.
6. Outdoor lodging facilities amenities shall not be ripped, contain excessively
sun faded materials, have exhibit excessive moss buildup, or be otherwise
unsightly.
7. Restroom facilities are shall be available for lodgers' use. Restroom facilities
shall be connected to the sanitary sewer or an approved septic system.
8. Outdoor burning is shall only available be permitted in a fire pit a maximum of
three (3) feet in circumference that is not capable of producing a flame higher
than twelve (12) inches.
(Ord. No. 2016-003, § 1(Exh. B), 5-23-2016)

SECTION 81:
AMENDMENT “16.65.005 Applicability” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.65.005 Applicability
EMC 16.65 applies to:
A. Marijuana retailing as a conditional use in the C-1 (General Commercial) and H-C
(Highway Commercial) zones.
B. Marijuana and cannabis production as a conditional use in the M-1 (Light Industrial)
zone.
C. Marijuana and cannabis processing as a conditional use in the M-1 (Light Industrial)
zone.
D. Marijuana wholesaling as a conditional use in the M-1 (Light Industrial) zone.
E. Psilocybin production, processing, retailing, and operation of service centers as

Page 100

Exhibit 1

prohibited uses within Estacada city limits.
(Ord. No. 2016-005, § 14, 8-22-2016)

SECTION 82:
ADOPTION “16.65.015 Definitions” of the Estacada
Municipal Code is hereby added as follows:
ADO P TIO N
16.65.015 Definitions(Added)
Technical terms used in this chapter are defined below. See also EMC 16.08 Definitions.
"Cannabinoid" means any of the chemical compounds that are the active constituents of
marijuana. "Cannabinoid concentrate" means a substance obtained by separating cannabinoids
from marijuana by mechanical extraction; chemical extraction using a nonhydrocarbon-based
or other solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl
alcohol, or ethanol; chemical extraction using the hydrocarbon-based solvent carbon dioxide,
provided that the process does not involve the use of high heat or pressure; or any other
process identified by the Oregon Liquor and Cannabis Commission (OLCC), in consultation
with the Oregon Health Authority (OHA), by rule. "Cannabinoid edible" means food or
potable liquid into which a cannabinoid concentrate, cannabinoid extract, or dried marijuana
leaves or flowers have been incorporated. "Cannabinoid extract" means a substance obtained
by separating cannabinoids from marijuana by chemical extraction using a hydrocarbon-based
solvent, such as butane, hexane or propane; a chemical extraction process using the
hydrocarbon-based solvent carbon dioxide, if the process uses high heat or pressure; or any
other process identified by the Oregon Liquor and Cannabis Commission (OLCC), in
consultation with the Oregon Health Authority (OHA), by rule. “Cannabis” means the plant
Cannabis itself, encompassing all its parts and products produced thereof, regardless of their
THC content, including those with high and low THC content. "Cannabinoid product" means
a cannabinoid edible and any other product intended for human consumption or use, including
a product intended to be applied to the skin or hair that contains cannabinoids or dried
marijuana leaves or flowers. Cannabinoid product does not include usable marijuana by itself,
a cannabinoid concentrate by itself, a cannabinoid extract by itself, or industrial hemp by itself
as defined in ORS 571.300. “Cannabis” means the plant Cannabis itself, encompassing all its
parts and products produced thereof, regardless of their THC content, including those with
high and low THC content. "Marijuana" means the plant Cannabis family Cannabaceae, any
part of the plant Cannabis family Cannabaceae, and the seeds of the plant Cannabis family
Cannabaceae. Marijuana does not include industrial hemp as defined in ORS 571.300.
"Marijuana processing" means the processing, compounding, or conversion of marijuana into
cannabinoid products, cannabinoid concentrates, or cannabinoid extracts, provided that the
marijuana processor is licensed by the Oregon Liquor and Cannabis Commission (OLCC), in
consultation with the Oregon Health Authority (OHA). "Marijuana production" means the
manufacture, planting, cultivation, growing, trimming, harvesting, or drying of marijuana,
provided that the marijuana producer is licensed by the Oregon Liquor and Cannabis
Commission (OLCC), in consultation with the Oregon Health Authority (OHA) and a person
designated to produce marijuana by a registry identification cardholder. "Marijuana retailing"
means the sale of marijuana items to a consumer, provided that the marijuana retailer is licensed
by the Oregon Liquor and Cannabis Commission (OLCC), in consultation with the Oregon
Health Authority (OHA). "Marijuana wholesaling" means the purchase of marijuana items for

Page 101

Exhibit 1

resale to a person other than a consumer, provided that the marijuana wholesaler is licensed by
the Oregon Liquor and Cannabis Commission (OLCC). “Psilocybin” means a naturally
occurring psychedelic compound occurring in certain mushroom species, as defined by the
Oregon Health Authority (OHA). “Psilocybin processing” means the processing,
compounding, or conversion of psilocybin into products, concentrates, or extracts. “Psilocybin
production” means the manufacture, extracting, planting, cultivation, growing, trimming,
harvesting, or drying of psilocybin. "Psilocybin retailing" means the sale of psilocybin items to
a consumer. “Psilocybin service center” refers to a location where preparation, administration,
and/or integration sessions involving psilocybin occurs.

SECTION 83:
AMENDMENT “16.66.020 Where Licensed” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.66.020 Where Licensed
A food cart, as defined in EMC 16.08.010, may only be licensed to operate in those
commercial and industrial zones where food carts are expressly listed in their respective
chapter of the Development CodeEMC Title 16 as permitted.

SECTION 84:
AMENDMENT “16.66.030 City License Required” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.66.030 City License Required
A food cart may not operate without a Food Cart License issued upon approval by the City of
an application, subject to the business license requirements of EMC 5.22. Approval shall only
be given to applications which sufficiently demonstrate the food cart will operate under the
terms of this chapter. A food cart license shall be valid for a period of two one (1) years from
the date of issue, but may be renewed with approval of an application to the City. A license
may be revoked by the City with written findings that the food cart does not comply with a
rule of this chapter or is inconsistent with the purpose identified in EMC 16.66.010. A decision
to revoke a license may be appealed to the Planning Commission, provided a written request to
appeal is submitted to the City within fourteen (14) days of the revocation.

SECTION 85:
AMENDMENT “16.66.050 Maximum Size” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.66.050 Maximum Size
The food cart shall not exceed two hundred (200) square feet, measured by the outside

Page 102

Exhibit 1

dimensions of the unit. Attachments to the food cart, such as awnings or canopies, shall be
excluded when calculating the square footage.

SECTION 86:
AMENDMENT “16.66.060 Maximum Number” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.66.060 Maximum Number
No more than two (2) food carts may be operated on a single lot of record without a
conditional use permit issued according to the process outlined in EMC 16.88, and after a
finding by the Planning Commission that more food carts would not unduly inhibit industrial
land uses, the function or capacity of transportation and utility services, or the use of public
facilities.

SECTION 87:
AMENDMENT “16.66.070 Minimum Setbacks And
Separation Distance” of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.66.070 Minimum Setbacks And Separation Distance
The food cart, its attachments, and any accessory structures allowed by EMC 16.66.080
Subsection (B) shall be located a minimum of:
A. Five (5) feet from any other food cart and five (5) feet from any structure not accessory
to the food cart;
B. Behind the front lot line; and
C. Five (5) feet from any side or rear lot line, except in an industrial zone, where the
minimum side and rear setback distance for a food cart, its attachments, and any
permitted accessory structures shall be zero (0).

SECTION 88:
AMENDMENT “16.66.090 Surfacing And Parking” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.66.090 Surfacing And Parking
A. The food cart shall be placed on a solid, smooth, durable, and dustless surface, such as
one made of pavement, pavers, or concrete. That surface shall be maintained
adequately for all-weather use and shall be so drained as to avoid flow water across
public sidewalks.
B. All other vehicle parking spaces, and any areas for parking, loading, and maneuvering,
that serve the foot cart shall also have a paved, durable, and dustless surface improved

Page 103

Exhibit 1

to minimum public road standards as determined by the City; shall also be maintained
adequately for all-weather use; and shall also be so drained as to avoid flow water
across public sidewalks. A food cart shall be required to provide one (1) off-street
vehicle parking space, unless:
1. The food cart is located on a lot with existing paved vehicle parking and the
food cart and its accessory items and accessory structures would not reduce
any land use’s parking below any required minimum; or
2. The lot with the foot cart is connected to existing paved off-street vehicle
parking space by a wheelchair-accessible walkway that is no longer than one
hundred (100) feet long and the owner of the property with the parking space
agrees to its use by customers of the food cart; or
3. The lot with the foot cart is connected to an existing public on-street vehicle
parking space by a wheelchair-accessible walkway that is no longer than one
hundred (100) feet long.

SECTION 89:
AMENDMENT “16.66.110 Sanitation Facilities” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.66.110 Sanitation Facilities
If a food cart operator provides seating for their customers, they shall also provide a readily
accessible restroom and shall identify the restroom on their food cart license application site
plan. The restroom must have a handwashing facility that provides hot and cold running water
and meets the requirements of OAR 333-150-0000. Portable handwashing facilities, if
provided, may not drain to the surface.

SECTION 90:
AMENDMENT “16.66.115 Portable Toilets” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.66.115 Portable Toilets
If a portable toilet is provided, it shall:
A. Not be located in any public right-of-way or private access easement;
B. Be set back at least ten (10) feet from all lot lines, building entrances, and other food
carts;
C. Be entirely screened from view from public rights-of-way;
D. Be accompanied with the same handwashing facility required of all restrooms serving
a food cart by EMC 16.66.110; and
E. Fully and continuously comply with EMC 8.08.010.

Page 104

Exhibit 1

SECTION 91:
AMENDMENT “16.66.120 Trash Receptacle” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.66.120 Trash Receptacle
A trash receptacle for customer use shall be maintained no more than ten (10) feet from the
food cart.

SECTION 92:
AMENDMENT “16.66.130 Obstruction Of Vehicular,
Pedestrian, Bicycle, And Transit Facilities” of the Estacada Municipal Code is hereby
amended as follows:
AMEN DMEN T
16.66.130 Obstruction Of Vehicular, Pedestrian, Bicycle, And Transit Facilities
A. Neither the food cart nor any elements associated with it, such as aboveground power
cords, seating areas, trash receptacles, signs, and customer queuing areas, shall occupy
bicycle parking spaces, loading areas, driveways, onsite circulation drives, parking lot
aisles, walkways, or transit facilities. However, occupying existing onsite automobile
parking spaces is permitted, provided that such spaces are not simultaneously used for
parking and further provided that such occupancy does not reduce the number of
usable vehicle parking spaces for any land use below the minimum required by the
Development CodeEMC Title 16.
B. Windows and doors used for service to customers shall be located a minimum of ten
(10) feet from loading areas, driveways, onsite circulation drives, and parking lot
aisles, and a minimum of five (5) feet from bicycle parking spaces, walkways, and
transit facilities.
C. The food cart shall not be parked in any public right-of-way or private access
easement.

SECTION 93:
AMENDMENT “16.66.140 Obstruction Of Public Signage
Or Intersections” of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.66.140 Obstruction Of Public Signage Or Intersections
The food cart shall not block the view of any public signage or the safe view of any
intersectionbe located within a clear vision area, as defined in EMC 16.08 and regulated under
EMC 16.60.010.

Page 105

Exhibit 1

SECTION 94:
AMENDMENT “16.66.150 Obstruction Of Existing
Landscaping” of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.66.150 Obstruction Of Existing Landscaping
The food cart, sanitation facilities, and trash receptacles shall not occupy landscaping areas
approved required as part of a development or land use application approval.

SECTION 95:
AMENDMENT “16.68.010 Purpose” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.68.010 Purpose
The intent of development guidelines is to provide procedures necessary to secure the desirable
attributes of the city from depletion, and to protect against hazardous or otherwise undesirable
development activities.The purpose of this chapter is to protect life, property, and public
infrastructure from geologic hazards associated with development on steep slopes, consistent
with Statewide Planning Goal 7 (Areas Subject to Natural Hazards), by requiring geotechnical
evaluation of sites where slope instability may pose a risk to proposed development.
(Prior code § 10.700)

SECTION 96:
AMENDMENT “16.68.020 Scope” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.68.020 ScopeApplicability
A. Development guidelines shall apply to those areas of concern delineated on the city
comprehensive plan map and plan inventories or any area determined potentially
hazardous by the planning commission and shall also apply to any property that has a
slope of thirty-three (33) percent or greater as defined by a (3:1) ratio, 3 horizontal: 1
vertical and a minimum contiguous area of four thousand (4,000) square feet.
B. Exemptions. The following are exempt from the requirements of this chapter:
1. Interior remodels or additions that do not increase the building footprint or
involve grading on steep slope areas;
2. Development located entirely outside any steep slope area, and entirely more
than 25 feet from the top or toe of any steep slope, provided no grading,
staging, or access occurs within the steep slope area or within 25 feet of its top
or toe;
3. Emergency repairs necessary to protect life or property, provided a

Page 106

Exhibit 1

geotechnical report is submitted within thirty (30) days of the emergency
work.
(Prior code § 10.702)

SECTION 97:
AMENDMENT “16.68.030 Natural Hazard Areas” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.68.030 Natural Hazard AreasGeotechnical Report Required
A. An applicant for development subject to this chapter shall submit a geotechnical report
prepared by a certified professional; an engineering geologist or geotechnical engineer
registered or licensed to practice in the State of Oregon.
B. At a minimum, the geotechnical report shall include:
1. A site plan identifying the location and extent of all steep slope areas on the
subject property;
2. A description of subsurface soil and geologic conditions, based on site-specific
investigation (e.g., test pits, borings, or other accepted methods);
3. An assessment of slope stability under existing and proposed conditions,
including the effects of proposed grading, cuts, fills, and structural loading;
4. Identification of any evidence of past slope movement, seepage, or erosion on
or adjacent to the subject property;
5. Recommendations for site design, grading, drainage, foundation design, and
construction methods necessary to mitigate identified hazards;
6. Recommended setbacks from the top and toe of any steep slope; and
7. A statement, signed and stamped by the certified professional, that the
proposed development can be safely constructed and maintained on the site
consistent with the report's recommendations, or identifying any conditions
necessary to achieve that outcome
The following development guidelines are applicable to hazards identified above and in the
State Department of Geology and Mineral Industries, Bulletin 99, Environmental Hazard
Inventory, Clackamas County, Oregon. The above documents and mapping are referenced and
adopted as part of the comprehensive plan and available in the office of the city
recorder.Purpose. Various geological formations in the city have different characteristics with
respect to suitability for development because of landslide potential, high groundwater, and soil
characteristics. The following development guidelines have been prepared in order that
geological hazards will be recognized and the losses resulting therefrom will be lessened.Areas
of Concern. The primary areas of concern are active and potential landslides, high
groundwater, weak foundation soils, and steep slopes.Considerations. The most important
consideration with respect to natural hazard factors are:Standards. The following shall be
required in hazard areas as identified:The cause, the extent and the potential of the hazards;The
provisions proposed to overcome the hazards;A certified declaration as to the on-going
responsibility of the developer should such hazards be of a nature whereby possible future
danger may exist. Such declaration should include the developer's intent to continue or absolve
responsibility should the development be sold;Additional material as determined to be desirable
to make a determination as to the acceptability of the statement;That development approved is
not hazardous to buildings, structures or the inhabitants thereof;That protection to unsuspecting

Page 107

Exhibit 1

purchasers of property having natural hazards is provided;That unjustified expenditure of
public funds or losses incurred due to natural hazards resulting in damage to development
which should not have been approved initially, is prevented.Geologically recent landslide
areas: a site specified geotechnical analysis by a qualified professional geologist or engineering
geologist including all property outside of known or suspected hazard that is within one
hundred (100) feet.Weak Foundation Soils. In areas known to have weak foundation soils for
construction of buildings and roads, a detailed soils analysis shall be made by a qualified soils
expert. The analysis shall include a recommendation to overcome identified limitations prior to
development approval.Slopes Greater than Thirty-Three (33) Percent. A site specified
geotechnical analysis by a qualified professional geologist or engineering geologist will be
required.The name and professional stamp of that person or persons determining the causes,
extent and potential of the hazards as well as the provisions proposed to overcome the hazards.
A. Procedure. When a geotechnical analysis or soils analysis is required, the following
procedure shall be followed in determining the suitability and desirability of
development proposed in areas having geological hazards:
1. Requesters of development approval within hazard areas shall be required to
submit a statement as to how such hazards have been recognized in the
proposal. Such statement shall be required to include the following:
(Prior code § 10.705)

SECTION 98:
AMENDMENT “Chapter 16.74 CONCURRENCY” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
Chapter 16.74 TRANSPORTATION FACILITY CONCURRENCY

SECTION 99:
AMENDMENT “16.74.020 Applicable Standards” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.74.020 Applicable Standards
A. Approval of a development shall be granted only if the capacity of transportation
facilities is adequate or will be made adequate in a timely manner. The following shall
be exempt from this requirement:
1. Modification or replacement of an existing development (or a development
that has a current land use approval even if such development has not yet been
constructed) on the same property, provided that an increase in motor vehicle
traffic does not result;
2. Unmanned utility facilities, such as wireless telecommunication facilities,
where no employees are present except to perform periodic servicing and
maintenance;
3. Mass transit facilities, such as light rail transit stations and park-and-ride lots.
4. Residential developments of three (3) dwelling units or less, provided that

Page 108

Exhibit 1

accesses and site distances meet all applicable requirements.
5. Individual middle housing developments of fewer than twelve (12) units.
B. As used in Subsection A of this section, "adequate" means the following mobility
standards, as identified in the 2023 Estacada Transportation System Plan:
1. The performance standards identified in the latest edition of the Oregon
Highway Plan shall apply to facilities under the jurisdiction of the state of
Oregon.
2. The performance standards identified in Table 5-2a and 5-2b of Chapter 5 of
the Clackamas County Comprehensive Plan (County TSP) shall apply to
facilities under the jurisdiction of Clackamas County.
3. For signalized intersections, a level of service D or better must be maintained
during the weekday peak hour.
4. For roundabouts, a volume-to-capacity ratio of less than or equal to 0.90 on
each intersection approach must be maintained during the weekday peak hour.
5. For stop-controlled and yield-controlled intersections, a level of service E or
better must be maintained during the weekday peak hour. For two-way stopcontrolled intersections, this applies to the minor (i.e., stop-controlled)
approaches. For all-way stop-controlled intersections, this applies to the
overall intersection measure.
C. For the purpose of calculating capacity as required by Subsections A and B of this
section, the following standards shall apply:
1. Both the method of calculating LOS and the definitions given to the LOS
letter designations are established by the latest edition of the Highway
Capacity Manual. The method of calculating capacity on state facilities is
established by the Oregon Highway Plan. The method for calculating capacity
on Clackamas County facilities is established the Clackamas County
Roadway Standards.
2. The minimum capacity standards shall apply to all roadways and intersections
within the impact area of the proposed development.
3. Capacity shall be evaluated for motor vehicle traffic only.
4. Capacity shall be evaluated for the peak fifteen (15) minute period of both the
a.m. weekday and p.m. weekday peak hours of the transportation system
within the impact area. The requirement to evaluate either the a.m. or the p.m.
peak hour, or both, may be waived if the proposed use will not generate motor
vehicle trips during the period(s).
D. As used in Subsection A of this section, "timely" means:
1. For facilities under the jurisdiction of the city of Estacada, necessary
improvements are included in the Five-Year Capital Improvement Plan, fully
funded, and scheduled to be under construction within three years of the date
land use approval is issued;
2. For facilities under the jurisdiction of the state of Oregon, necessary
improvements are included in the Statewide Transportation Improvement Plan
and scheduled to be under construction within four years of the date land use
approval is issued;
3. For facilities under the jurisdiction of Clackamas County, necessary
improvements are included in that jurisdiction's capital improvement plan,
fully funded, and scheduled to be under construction within three years of the
date land use approval is issued;
4. Alternatively, "timely" means that necessary improvements will be constructed
by the applicant or through another mechanism, such as a local improvement
district. Under this alternative:

Page 109

Exhibit 1

a. Prior to issuance of a certificate of occupancy for a conditional use or
a development subject to design review and prior to recording of the
final plat for a subdivision or partition, the applicant shall do one of
the following:
(1) Complete the necessary improvements, or
(2) For transportation facilities under the jurisdiction of the City,
the applicant shall provide the City with a deposit, letter of
credit, performance bond, or other surety satisfactory to the
City equal to the full cost of designing and constructing the
necessary improvements For transportation facilities under the
jurisdiction of the state, a city, or another county, the applicant
shall comply with the respective jurisdiction's requirements
for guaranteeing completion of necessary improvements. This
option is only available if the jurisdiction has a mechanism in
place for providing such a guarantee;
5. For a phased development, the first phase shall satisfy Subsections D,1
through D,4 of this section at the time of land use approval. Subsequent
phases shall be subject to the following:
a. At the time of land use approval, necessary improvements shall be
identified and the phase for which they are necessary shall be
specified,
b. Necessary improvements for a particular phase shall either:
(1) Comply with Subsections D,1 through D,3 of this section at
the time of building permit approval, except that the
improvements shall be scheduled to be under construction
within three years of building permit approval rather than
within three years of land use approval, or
(2) Comply with Subsection D,4 of this section, in which case
the improvements shall be completed or guaranteed prior to
issuance of a certificate of occupancy or recording of the final
plat for the applicable phase.
E. As used in Subsection D of this section, "necessary improvements" are:
1. Improvements required by the Development Code;
2. Improvements required by the City's adopted Comprehensive Plan,
Transportation System Plan, Downtown and Riverside Area Plan, Street Tree
Master Plan, or Active Transportation Plan, with the requirements of the most
recently-adopted plan superseding any previous plan's requirements for the
same area; and
3. Improvements identified in a traffic impact study as being required in order to
comply with the adequacy standard identified in Subsection B of this section.
Traffic Impact Studies shall follow the requirements provided in EMC
16.74.040. If a Traffic Impact Study is not required per EMC 16.74.040, the
City's engineering or planning staff shall identify necessary improvements or
the applicant may opt to provide a traffic impact study.
(Ord. 2007-6 § 20 (part); Ord. No. 2018-003, § 3(Exh. 6), 10-8-2018)

Page 110

Exhibit 1

SECTION 100:
AMENDMENT “16.74.040 Traffic Impact Study (TIS) And
Traffic Assessment Letter Procedures” of the Estacada Municipal Code is hereby amended as
follows:
AMEN DMEN T
16.74.040 Traffic Impact Study (TIS) And Traffic Assessment Letter Procedures
A. When A TIS Is Required. The City or other road authority with jurisdiction may
require a TIS as part of an application for development, a change in use, a change in
the designated zoning, or a change in Comprehensive Plan designation, or a change in
access. A TIS shall be required where a change of use or a development would
involve one or more of the following:
1. Operational or safety concerns documented in writing by a road authority;
2. An increase in site traffic volume generation by two hundred (200) Average
Daily Trips (ADT) or more;
3. An increase in the use of adjacent streets by ten (10) or more vehicles per day
exceeding 20,000-pound gross vehicle weight;
4. Existing or proposed approaches or access connections that do not meet
minimum spacing or sight distance requirements or are located where vehicles
entering or leaving the property are restricted, or such vehicles are likely to
queue or hesitate at an approach or access connection, creating a safety
hazard; or
5. A TIS is required by Clackamas County or ODOT
6. A zone change requiring amendments to the Comprehensive Plan Map that
would result in a significant impact, per Oregon Administrative Rules (OAR)
660-01200060..
B. Traffic Assessment Letter. If a TIS is not required as determined by EMC
16.74.040.A, the applicant shall submit a Traffic Assessment Letter (TAL) to the City
indicating. that TIS requirements do not apply to the proposed action. This letter shall
present the trip generation estimates and distribution assumptions for the proposed
action and verify that driveways and roadways accessing the site meet the sight
distance, spacing, and roadway design standards of the agency with jurisdiction of
those roadways. Other information or analysis may be required as determined by the
City Engineer. The TAL shall be prepared by a Professional Civil or Traffic Engineer
currently licensed to practice within the State of Oregon, and with special training and
experience in transportation engineering and planning. The requirement for a TAL
may be waived if the City Engineer determines that the proposed action will not have
a significant impact on existing traffic conditions.
C. TIS General Provisions.
1. All traffic studies shall be prepared by or under the direct supervision of a
Professional Civil or Traffic Engineer currently licensed to practice within the
State of Oregon, and with special training and experience in transportation
engineering and planning.
2. Prior to TIS scope preparation, the applicant shall pay to the City the fees and
deposits associated with TIS scope preparation and TIS review in accordance
with the adopted fee schedule. The City’s costs associated with TIS scope
preparation and TIS review will be charged against the respective deposits.
Additional funds may be required if actual costs exceed deposit amounts. Any
unused deposit funds will be refunded to the applicant upon final billing.

Page 111

Exhibit 1

3. For preparation of the TIS, the applicant may choose one of the following:
a. To prepare the TIS for submittal to the City, the applicant may hire a
Professional Civil or Traffic Engineer currently licensed to practice
within the State of Oregon, and with special training and experience
in transportation engineering and planning. The City Engineer will
then review the TIS and the applicant will be required to pay to the
City any fees associated with the TIS review; or
b. The applicant may request that the City Engineer prepare the TIS.
The applicant will pay to the City any fees associated with preparation
of the TIS by the City Engineer.
4. The TIS shall be submitted with a concurrent land use application and
associated with application materials. The City will not accept a land use
application for process if it does not include the required TIS.
5. The City may require a TIS review conference with the applicant to discuss
the information provided in the TIS once it is complete. This conference
would be in addition to any required pre-application conference. If such a
conference is required, the City will not accept the land use application for
processing until the conference has taken place. The applicant shall pay the
TIS review conference fee at the time of conference scheduling, in accordance
with the adopted fee schedule.
6. A TIS determination is not a land use action and may not be appealed.
D. TIS Scope. The City shall determine the study area, study intersections, trip rates,
traffic distribution, and required content of the TIS based on information provided by
the applicant about the proposed development.
1. If notice to ODOT or other agency is required pursuant to noticing
requirements in EMC 16.132, the City will coordinate with those agencies to
provide a comprehensive TIS scope. ODOT may also require a TIS directly to
support a state highway approach permit application.
2. The TIS may use historic turning movement counts if the data are less than
twenty-four (24) months old (from the date of land use application submittal).
E. Conditions of Approval. The City may deny, approve, or approve a proposal with
conditions necessary to meet operational and safety standards; provide the necessary
right-of-way for planned improvements; and require construction of improvements to
ensure consistency with the future planned transportation system.
1. Where the existing transportation system will be impacted by the proposed
development, dedication of land for streets, transit facilities, sidewalks,
bikeways, paths, or accessways may be required to ensure that the
transportation system is adequate to handle the additional burden caused by
the proposed use.
2. Where the existing transportation system is shown to be burdened by the
proposed use, improvements such as paving, curbing, installation or
contribution to traffic signals, traffic channelization, construction of sidewalks,
bikeways, accessways, paths, or street that serve the proposed use may be
required.
3. The City may require the development to grant a cross-over access
easement(s) to adjacent parcel(s) to address access spacing standards on
arterials and collector roadways or site-specific safety concerns. Construction
of shared access may be required at the time of development if feasible, given
existing adjacent land use. The access easement must be established by deed.
(Ord. No. 2018-003, § 3(Exh. 6), 10-8-2018)

Page 112

Exhibit 1

SECTION 101:
AMENDMENT “16.75.010 Purpose And Intent” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.75.010 Purpose And Intent
This chapter implements the pedestrian access and connectivity policies of City of Estacada
Transportation System Plan and Active Transportation Plan, and those plans' policies for
ensuring appropriate access to transit facilities. It is intended to provide for safe, reasonably
direct, and convenient pedestrian access and circulation. The requirements of this Chapter
apply to land divisions pursuant to Division IV and to the following land uses:
A. Multi-Unit Residentialfamily
B. Commercial
C. Light industry
D. Activity centers, including but not limited to
1. Schools
2. Parks
3. Hospitals and clinics
4. Churches
5. Residential care facilities and residential homes

SECTION 102:
AMENDMENT “16.75.020 Standards” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.75.020 Standards
Developments shall conform to all of the following standards for pedestrian access and
circulation:
A. Continuous Walkway System. A pedestrian walkway system shall extend throughout
the development site and connect to adjacent sidewalks, if any, and to all future phases
of the development, as applicable.provide connections to abutting sidewalks, parking
areas, bicycle parking, and common outdoor areas. Where there is no sidewalk
abutting the property, the walkway shall extend to the street lot line.
B. Safe, Direct, and Convenient.
The walkway network connects to all primary building entrances consistent with
Americans with Disabilities Act (ADA) requirements.

SECTION 103:
AMENDMENT “16.75.030 Vehicle/Walkway Separation”
of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T

Page 113

Exhibit 1

16.75.030 Vehicle/Walkway Separation
Except as required for crosswalks, per EMC 16.75.040, where a walkway runs parallel to a
driveway or street it shall be raised six (6) inches and curbed along the edge of the driveway or
street. Alternatively, the City Manager or designee may approve a walkway abutting a
driveway at the same grade as the driveway if the walkway is physically separated from all
vehicle-maneuvering areas. An example of such separation is a row of bollards (designed for
use in parking areas) with adequate minimum spacing between themthe spacing of which must
be no further apart than five (5) feet on center to prevent vehicles from entering the walkway.

SECTION 104:
AMENDMENT “16.76.010 Off-Street Parking, Bicycle
Parking And Loading Requirements” of the Estacada Municipal Code is hereby amended as
follows:
AMEN DMEN T
16.76.010 Off-Street Parking, Bicycle Parking And Loading Requirements
At the time a building permit is issued for a new structure, the use of an existing structure is
enlarged, or the category of use is changed, off-street parking spaces, loading areas and access
thereto shall be provided as set forth in this section. If such facilities have been provided in
connection with an existing use, they shall not be reduced below the requirements of this title.
A. Requirements for types of buildings and uses not specifically listed herein shall be
determined by the city manager, based upon the requirements of comparable uses
listed.
B. In the event several uses occupy a single structure or parcel of land, the total
requirements shall be the sum of the requirements of the several uses computed
separately.
C. Owners of two or more uses, structures or parcels of land may agree to utilize jointly
the same parking and loading spaces when the hours of operation do not overlap;
provided that satisfactory evidence is presented in the form of deeds, leases,
agreements or contracts.
D. Off-street parking spaces shall be located on the same lot or on an adjoining lot or lot
located within one hundred fifty (150) feet, unless otherwise approved by the planning
commission.
E. Required parking spaces shall be available to operable motor vehicles and shall not be
used for storage of vehicles or materials or for the parking of trucks used in conducting
the business or use.
F. Areas used for standing and maneuvering of vehicles shall have a paved, durable and
dustless surface improved to minimum public road standards, maintained adequately
for all-weather use, and be so drained as to avoid flow water across public sidewalks.
G. Except for parking to serve dwelling uses, parking and loading areas adjacent to or
within residential zones shall be designed to minimize disturbances with the
installation of a sight-obscuring fence or vegetative buffer, of not less than five feet in
height, except where vision clearance is required.Where an area provided for off-street
parking or loading is within or adjoins a residential zone, the perimeter of the area shall
be screened by a sight-obscuring fence (including, but not limited to, evergreen
plantings) not less than six (6) feet in height. The following exceptions apply:
1. Parking areas to serve residential uses are exempt;

Page 114

Exhibit 1

2. Vision clearance must be maintained according to and in compliance with the
regulations of EMC 16.60.010;
3. Sight-obscuring fencing may be located within the required setbacks,
according to and in compliance with the regulations of EMC 16.82.050.B.
H. Artificial lighting which may be provided for parking areas shall be designed to reflect
light downward, away from the sky and from adjacent residential zones or adjacent
dwellings.
I. Groups of more than four parking spaces shall be served by a driveway or turnaround
area so that no backing movements or other maneuvering within a streetall vehicles
enter the right-of-way ,(other than an alleys) in a forward manner. The maneuering
area will be required and shall be contained by a curb or bumper rail at least four (4)
inches high and set back a minimum of four and one-half (4.5) feet from the property
line.
J. Passenger Loading. A driveway designated for continuous forward flow of passenger
vehicles for the purpose of loading and unloading children shall be located on the site
of any school having a capacity of greater than twenty-five (25) students.
K. Loading of Merchandise, Materials or Supplies. Buildings or structures which receive
and distribute materials or merchandise by truck, shall provide and maintain off-street
loading berths in sufficient numbers and size to adequately handle the needs of the
particular use.
L. Off-street parking areas used to fulfill the requirements of the code may be used for
loading and unloading operations during periods of the day when not required to take
care of parking needs.
M. Compact parking spaces may be permitted at a ratio of one space to every three fullsized spaces. (See "Parking space" defined under EMC 16.08 for dimension
requirementsstandards.)
N. Except for parking intended to serve dwelling uses, parking spaces shall be clearly
delineated through striping or some other means.
O. Where an area provided for off-street parking is within or adjoins a residential zone,
the perimeter of the area shall be screened by a sight-obscuring fence or planting. The
screen shall be continuous and shall be at least six feet in height to the rear of the front
setback of the residential zone and shall be three feet in height in that portion bounding
the front yard.
P. Parking spaces along the boundaries of a parking area shall be provided with a sturdy
bumper guard or curb at least four (4) inches in height and located far enough within
the boundary to permit any portion of a vehicle within the parking area from extending
over the property line or interfering with the required screening or sidewalk traffic.
Q. Off-Street Parking Requirements.
1. Off-street parking shall be required according to the table below:
Use:

Minimum Required
Spaces:

Bank

1 per 300 square feet of
floor area

Bowling alley

41 per 300 square
feetlane

Campsites and
recreational cabins and
yurts

1 per
campsite/cabin/yurt

Page 115

Exhibit 1

Childcare facilities

Small

2 total

Large

2 per classroom

Doctor's office, dental
office, medical clinic, or
similar use

Dwellings

3.5 per 1,000 square feet
of floor area
Single-Unitfamily and
Duplex

2 total

Triplex and Fourplex

1.5 for each dwelling
unit, rounded up to the
next whole number5
total (except as provided
in EMC 16.76.010,
Subsection(Q) (3))

Fourplex

6 total (except as
provided in EMC
16.76.010(Q)(3))

6 total (except as
provided in EMC
16.76.010(Q)
(3)Commonwall

2 for each commonwall
dwellingper unit (see
on-street credit option in
EMC 16.76.010,
Subsection(Q) (4))

Multi-family and cottage
1 for eachper unit
clusters
No additional space for
one accessory dwelling
Accessory dwelling unit unitADU. One
additional parking space
(ADU)
shall be provided for a
second ADU.
Single Room
Occupancy (SRO)

1 per every 3 SRO units

Eating and drinking
establishments

1 per 200 square feet of
floor area for every four
customer seats

Funeral home or
mortuary

1 per 300 square feet of
floor area for every six
seats or one space per
50 square feet of area
used for assembly,
whichever is greater, if
there is an assembly
area; 1 per 2 employees
on maximum shift or
operating hours if there
is no assembly area

Page 116

Exhibit 1

3 1 per 300 square feet
of floor areafor every
two patient beds

Hospital

Hotel, motel, boarding
house, or resort

1 per
lodging/accommodation
unit

Instructional class space,
such as a martial arts or
dance studio

1 per 3200 square feet
of leasable floor area

Library

1 per 300 square feet of
floor area

Manufactured dwelling
park

2 per unit for each
manufactured dwelling
space

Nursing home or
retirement home,
convalescent care
facility, extended care
facility, or similar
institution

1 per 500 square feet of
floor areafor every three
patient/resident beds

Office

1 per 300 square feet of
floor area
For a park with an
athletic field: 1 per 3
spectator seats, 1 space
per 18 inches of benchviewer bench length, or
25 per field, whichever
amount is greatest

Park

For a park without an
athletic field: 2.6 per
acre
Religious institution,
membership club or
community center,
fraternal hall, or similar
place of assembly

1 per 75 square feet of
main assembly areafor
every six seats or one
space for each 50 square
feet of floor area used
for assembly, whichever
is greater

Retail store (general),
including a grocery
store, book store, gift
shop, or any other
general retail or shop

1 per 300 square feet of
floor area

Retail store (bulk),

Page 117

Exhibit 1

including for sale of
furniture, appliances,
vehicles, building
materials, home
furnishings, garden
supplies, or agricultural
supplies

1 per 500 square feet of
floor areabulk
merchandise area or
storage

School for children,
including a preschool,
kindergarten,
elementary, middle, or
junior high school

2 per classroom

School, other (including
a high school, trade
school, or college
facility)

5 per classroom

Service or repair shop

1 per 500 square feet of
floor area

Short-term rental of
dwelling

1 per rented bedroom in
addition to parking
required for dwelling,
with never less than 2
total parking spaces on
the subject property

Skating rink, arcade,
gym, or other similar
indoor recreational or
athletic use or
commercial amusement
enterprise

1 per 100 square feet of
floor area

Warehouse, storage, or
similar enterprise

1 per 2,000 square feet
of floor area

Other business or
industrial use not
elsewhere listed

1 per 2 employees on
maximum shift or
operating hours

2. Exemptions—Downtown Zone.
a. There is no minimum off-street parking requirement for uses located
within one hundred (100) feet of Broadway Street between OR 224
and 2nd Avenue. Uses in the Downtown zone but located outside the
above described area are required to provide off-street parking in
accordance with the table underin Subsection Q.1, except that the
minimum number of required off-street parking spaces may be
reduced as follows:
(1) Reduce the minimum parking standard by ten (10) percent
where the project is located within one thousand three
hundred twenty (1,320) feet of an existing or planned public

Page 118

Exhibit 1

transit bus stop; and/or
(2) Reduce the minimum parking standard by twenty (20)
percent where the city decision-making body determines there
is public on-street parking adjacent to the subject site in a
quantity equal to the reduction in the number of required
parking spaces.
b. Expansion of a nonconforming development, building or use that
does not comply with the minimum parking ratios shall provide
additional parking spaces based on the floor area or capacity added
and not on the area or capacity existing prior to the expansion.
3. Reduced Parking for Internal Conversions. When a duplex, triplex, or
fourplex is created through internal conversion of an existing single-unitfamily
dwelling, the minimum number of required parking spaces (including existing
retained parking spaces) shall be as follows:
a. Duplex: Two (2) spaces total.
b. Triplex: Three (3) spaces total.
c. Fourplex: Four (4) spaces total.
4. On-street Parking Credit for Commonwall Dwellings. For each commonwall
dwelling, the minimum parking requirement may be reduced by no more than
one (1) space if on-street parking is available that meets standards a through e
below.
a. The space is a legal place to park (consistent with location standards
in the Estacada Municipal Code, such as not next to a fire hydrant or a
mailbox).
b. The space is abutting the subject lot (on the same side of the street).
c. The space is on a street with a minimum paved width that meets
standard for the local streets with parking on both sides, as established
in the adopted Transportation System Plan.
d. The space is at least twenty-two (22) feet long and seven (7) feet
wide.
e. Only one (1) commonwall dwelling can claim the space towards its
off-street parking reduction.
5. The maximum number of off-street automobile parking spaces allowed per
site equals the minimum number of required spaces, pursuant to EMC
16.76.010 Subsections (Q), (1) and-(2), times a factor of:
a. [1.2] spaces for uses fronting a street with adjacent on-street parking
spaces; or
b. [1.5] spaces, for uses fronting no street with adjacent on-street
parking.
R. Bicycle Parking.
1. Minimum Required Bicycle Parking Spaces. Uses shall provide long- and
short-term bicycle parking spaces, as identified in Subsection R,10 of this
section. Where two options are provided (e.g., two spaces, or one per eight
bedrooms), the option resulting in more bicycle parking is used.
2. Exemptions. This section does not apply to single-unitfamily and twounitfamily housing (attached, detached, or manufactured housing), home
occupations, agriculture and livestock uses.
3. Location and Design.
a. Bicycle parking shouldall be no farther from the main building

Page 119

Exhibit 1

entrance than the distance to the closest vehicle space, or fifty (50)
feet, whichever is less. Long-term (i.e., covered) bicycle parking
should be incorporated whenever possible into building design. Cover
for bicycle parking can be provided by buildings, or roof overhangs,
awnings, bicycle lockers, bicycle storage within buildings or
freestanding shelters. Parking provided within a building shall be
easily accessible for bicycles.
b. Short-term bicycle parking, when allowed within a public right-ofway, shall be coordinated with the design of street furniture, as
applicable.
c. Bicycle parking for multiple uses, or a facility with multiple structures,
may be clustered within fifty (50) feet of each building's entrance in
one or several locations.
d. Each bicycle parking space shall be at least two by six (2 x 6) feet.
e. Bicycle parking spaces shall not impede or create a hazard to
pedestrians.obstruct curb ramps, building entrances, accessible
parking spaces, or crosswalks. A minimum 5-foot clear pedestrian
passage width shall be maintained on sidewalks adjacent to any
bicycle parking area.
4. Visibility and Security. Bicycle parking for customers and visitors shall be
visible from street sidewalks or building entrances to provide sufficient
security from theft and damage.
5. Options for Storage. Long-term bicycle parking requirements for multi-unitple
family uses and employee parking can be met by providing a bicycle storage
room, bicycle lockers, racks, or other secure storage space inside or outside of
the building.
6. Lighting. For security, bicycle parking shall be at least as well lit as vehicle
parking.
7. Reserved Areas. Areas set aside for bicycle parking shall be clearly marked
and reserved for bicycle parking only, and separated from motor vehicle
parking to prevent damage to parked bicycles.
8. Rack Types.
a. Bicycle racks must hold bicycles securely by the frame and be
securely anchored.
b. Bicycle racks must accommodate both:
(1) Locking the frame and at least one (1) wheel to the rack with
a high-security U-shaped shackle lock; and
(2) Locking the frame and both wheels without removal of
wheels to the rack with a chain or cable not longer than six
(6) feet.
9. Rack Dimensions.
a. Bicycle parking spaces shall be at least six (6) feet long and two (2)
feet wide.
b. Covered parking spaces shall include at least seven (7) feet of
overhead clearance.
c. An aisle width five (5) feet wide shall be provided for bicycle
maneuvering.
10. Bicycle Parking Table:
Long-Term

Page 120

Short-Term

Exhibit 1

Uses Categories Specific Uses

Spaces (Covered Spaces (Near
or Enclosed)
Building Entry)

Residential
Categories
Household
Living

Multi-unitfamily

Group Living
Dormitory

1 per 4 units

2, or 1 per 20
units

2, or 1 per 20
bedrooms

None

1 per 8 bedrooms None

Commercial
Categories
2, or 1 per 12,000 2, or 1 per 5,000
sq. ft. of floor
sq. ft. of floor
area
area

Retail Sales and
Service
Lodging

2, or 1 per 10,000 2, or 1 per 40,000
sq. ft. of floor
sq. ft. of floor
area
area

Office

2, or 1 per 10,000 2, or 1 per 40,000
sq. ft. of floor
sq. ft. of floor
area
area

Commercial
Outdoor
Recreation

8, or 1 per 20
auto spaces

None

Major Event
Entertainment

8, or 1 per 40
seats or per CU
review

None

Industrial
Categories
Manufacturing
And Production

2, or 1 per 15,000
sq. ft. of floor
None
area

Warehouse And
Freight
Movement

2, or 1 per 40,000
sq. ft. of floor
None
area

Institutional
Categories
Basic Utilities

Bus transit center 8

None

2, or 1 per 10,000 2, or 1 per 10,000
sq. ft. of floor
sq. ft. of floor
area
area

Community
Service
Park and ride

8, or 5 per acre

Parks (active

Page 121

None

Exhibit 1

recreation areas
only)

None

8, or per CU
review

1 per classroom, 1 per classroom,
or per CU review or per CU review

Grades 2-5
Schools

Colleges

Grades 6-12

2 per classroom, 4 per school, or
or per CU review per CU review

Excluding
dormitories (see
Group Living,
above)

2, or 1 per 20,000 2, or 1 per 10,000
sq. ft. of net
sq. ft. of net
building area, or building area, or
per CU review
per CU review

Medical Centers

2, or 1 per 70,000 2, or 1 per 40,000
sq. ft. of net
sq. ft. of net
building area, or building area, or
per CU review
per CU review

Religious
Institutions and
Places of Worship

2, or 1 per 4,000
sq. ft. of net
building area

Daycare

2, or 1 per 10,000
sq. ft. of net
None
building area

2, or 1 per 2,000
sq. ft. of net
building area

Determined
through Land
Use Review, Site
Other Categories
Design Review,
or CU Review, as
applicable

S. Off-street parking areas with five or more parking spaces shall include pedestrian access and
circulation facilities (or improvements), in accordance with EMC Chapter 16.75
A. .Exceptions to the bicycle parking standards.
1. Exceptions to the bicycle parking standards or minimum requirements may be
authorized by the Planning Director if the applicant demonstrates one or more
of the following:
a. The proposed use generates less than fifty (50) vehicle trips per day.
b. No existing buildings on the site will accommodate bicycle parking
and no new buildings are proposed.
2. Exceptions to the bicycle parking standards or minimum requirements may be
authorized by the Planning Commission if the applicant demonstrates one or
more of the following:
a. The proposed use is in a location accessed by roads with no bikeways
and bicycle use by customers or employees is unlikely.
b. The size, weight, or dimensions of the goods sold at the site makes
transporting them by bicycle impractical or unlikely.

Page 122

Exhibit 1

(Ord. 2007-6 §§ 10, 11; Ord. 2003-10 § 1; prior code § 10.238; Ord. No. 2012-005, § 8, 9-102012; Ord. No. 2016-003, § 1(Exh. A), 5-23-2016; Ord. No. 2017-006, § 6, 11-13-2017;
2018-001, § 1, 6-11-2018; Ord. No. 2018-003, § 3(Exh. 6), 10-8-2018)

SECTION 105:
ADOPTION “Chapter 16.77 LANDSCAPING” of the
Estacada Municipal Code is hereby added as follows:
ADO P TIO N
Chapter 16.77 LANDSCAPING(Added)

SECTION 106:
ADOPTION “16.77.010 Purpose” of the Estacada Municipal
Code is hereby added as follows:
ADO P TIO N
16.77.010 Purpose(Added)
Landscaping standards are intended to protect public health, safety, and welfare by reducing
development impacts (e.g., glare, noise, and visual impacts) on adjacent uses; minimizing
erosion; slowing the rate of surface water runoff, thereby reducing infrastructure costs;
buffering pedestrians from vehicle maneuvering areas; cooling buildings and parking lots in
summer months with shade; and enhancing the City’s appearance.

SECTION 107:
ADOPTION “16.77.020 Applicability” of the Estacada
Municipal Code is hereby added as follows:
ADO P TIO N
16.77.020 Applicability(Added)
The standards in this section apply to all new development requiring landscaping that conforms
to the minimum landscape area standard of the applicable zone or where screening is required.

SECTION 108:
ADOPTION “16.77.030 Standards” of the Estacada
Municipal Code is hereby added as follows:
ADO P TIO N
16.77.030 Standards(Added)

Page 123

Exhibit 1

A. Applicants are encouraged to reference OSU Extension Service’s Fire-Resistant Plant Lists
when considering plant selection, and consider local climate, exposure, water availability, and
drainage conditions. Landscaping must meet the following standards:
1. Shrubs shall be planted from 5-gallon containers, minimum, where they are for required
screens or buffers, and 2-gallon containers minimum elsewhere.
2. Shrubs which are planted as a buffer or screen shall be planted so that their spread
circumference after two years touch the next neighboring plant.
3. Evergreen plants shall be used where a sight-obscuring landscape screen is required.
4. All landscape areas, whether required or not, that are not planted with trees and shrubs or
covered with allowable non-plant material, shall have ground cover plants that are sized and
spaced to achieve plant coverage of not less than seventy-five percent (75%) within two (2)
years of planting. The City may reduce this standard by one-half in areas under the canopy of
existing trees to be preserved by the project. Ground cover plants shall be planted from onegallon containers, minimum.
5. Planter strips shall be no more than ten percent (10%) turf, artificial turf is prohibited for planter
strips.
6. Bark dust, chips, aggregate, or other non-plant ground covers may be used, but shall cover not
more than sixty percent (60%) of any landscape area. Non-plant ground covers cannot be a
substitute for required ground cover plants.
7. A minimum of twenty-five percent (25%) of the landscape planting shall be drought tolerant
species as listed in the Water-Efficient Plants for the Willamette Valley guide.
8. Edible gardens may comprise a maximum of thirty percent (30%) of the minimum landscaped
area required.
9. Where storm water retention or detention, or water quality treatment facilities are proposed,
they shall be planted with water-tolerant species (plants with an Obligate Wetland, Facultative
Wetland, or Facultative Wetland indicator status as reflected in the USACE National Wetland
Plant List).
10. Healthy trees at least six-inch (6”) Diameter Breast Height (DBH) are required to be preserved
except when their removal is required for construction, demolition, grading, utilities, and other
development impacts.
11. When new vegetation is planted, irrigation shall be provided for a minimum of two (2) years
for establishment.
12. Street trees are required on all landscape strips. Where not already planted, development
exceeding the estimated cost thresholds of EMC 15.12.060.A requires compliance with the
following landscape strip street tree planting requirements:
a. Street trees shall be selected from the Clackamas County Approved Street Tree List
based on the width of the landscape strip.
b. Street trees shall be spaced so that the canopy widths listed for the selected
tree in the Clackamas County Street Tree List cover the length of the
landscape strip.
c. Exceptions for street tree coverage area include clear vision areas and
required distances from utilities, shown on L200 of Clackamas County
Roadway Standards.
d. Street tree plantings shall conform to Standard Drawing L100: Tree Planting
Details and Standard Drawing L200: Street Tree Location of the Clackamas
County Roadway Standard.
B. An applicant may propose a landscaping plan that deviates from the specific
standards of 16.77.030(A) provided that:
1. The plan is prepared and stamped by a certified landscape architect;
2. The plan is accompanied by a written narrative explaining how the proposed
design equally or better achieves the purposes of this section; and
3. Staff finds that the alternative plan equally or better achieves the purpose of
this section.

Page 124

Exhibit 1

SECTION 109:
AMENDMENT “16.80.020 Permitted Temporary Uses” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.80.020 Permitted Temporary Uses
Temporary structures, activities or uses may be permitted as necessary to provide for housing
of personnel, storage and use of supplies and equipment, or to provide for temporary sales
offices for uses permitted in the zoning district. Other uses may include temporary signs,
outdoor gatherings, short term uses, roadside stands, or other uses not specified in this chapter
and not so recurrent as to require a specific or general regulation to control them.
(Prior code § 10.470(2))

SECTION 110:
AMENDMENT “16.80.030 Criteria For Decision” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.80.030 Criteria For Decision
No temporary permits shall be issued except upon a finding that approval of the proposed
structure, activity or use would not result in the permanent establishment within a zoning
district of any use which is not permitted within the zoning district, or any use for which a
conditional use permit is required following a public hearing and planning commissionCity
Planning Official review of the request.
(Prior code § 10.470(3))

SECTION 111:
AMENDMENT “16.80.050 Issuance Of Permits” of the
Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.80.050 Issuance Of Permits
A. Temporary permits shall be issued for the time period specified by the planning
commissionCity Planning Official if all applicable conditions can be met.
B. Temporary dwelling permits for care may be approved for up to two (2) years when
the applicant provides evidence substantiating the following:
1. The temporary dwelling will be occupied by a person or persons who require
care or who will provide care; and
2. The temporary dwelling will be located on the same lot, parcel or tract as a
legally established permanent dwelling. The permanent dwelling will be
occupied by the person(s) receiving care from the occupant(s) of the

Page 125

Exhibit 1

temporary dwelling or by the person(s) providing care to the occupant(s) of
the temporary dwelling.
3. There exists a need for care. The need shall be documented by a signed
statement from a licensed healthcare provider dated within ninety (90) days
preceding the date of the application and shall identify the care recipient and
generally indicate that an age-related and/or medical condition results in a
need for care.
4. There is no other temporary dwelling for care on the subject lot, parcel or
tract.
C. All other temporary use permits shall be issued for a period of one (1) year, unless the
temporary permit is renewed.
D. Renewal of a temporary permit shall follow the same procedure as the initial
application.
(Prior code § 10.470(5); Ord. No. 2010-004, § 4, 3-28-2011)

SECTION 112:
ADOPTION “Chapter 16.82 ACCESSORY USES AND
STRUCTURES” of the Estacada Municipal Code is hereby added as follows:
ADO P TIO N
Chapter 16.82 ACCESSORY USES AND STRUCTURES(Added)

SECTION 113:
ADOPTION “16.82.010 Purpose” of the Estacada Municipal
Code is hereby added as follows:
ADO P TIO N
16.82.010 Purpose(Added)

The purpose of this chapter is to establish a framework for the classification of accessory uses,
as defined in EMC 16.08.010, and to provide limitations applicable to all accessory structures
and uses, except for Accessory Dwelling Units (ADUs). ADUs shall instead comply with the
provisions of EMC 16.61.

SECTION 114:
ADOPTION “16.82.020 Classification Of Accessory Uses”
of the Estacada Municipal Code is hereby added as follows:
ADO P TIO N
16.82.020 Classification Of Accessory Uses(Added)
A. Accessory activities that are clearly incidental, subordinate to, dependent upon, and

Page 126

Exhibit 1

conducted in support of one or more main activities on a property are accessory uses.
Accessory uses must be located on the same lot, and must be operated under the same
ownership, as the main activity. To determine whether an activity is clearly incidental,
subordinate to, dependent upon, and conducted in support of another activity, the
following factors shall be considered:
1. The location and arrangement of the activity on the site, and/or its arrangement
within a building, in comparison to other activities on the property;
2. The relative amount of site or floor space and equipment devoted to the
activity in comparison to other activities on the site and/or in the building;
3. The relative amounts of sales from the activity in comparison to other activities
on the property;
4. The relative number of employees for the activity in comparison to other
activities on the property;
5. Whether the activity would likely be found independent of the other activities
on the property;
6. Whether the activity aids or contributes to other activities on the property or
carries on the function of other activities on the property;
7. The relative number of vehicle trips generated by the activity in comparison to
other activities on the property;
8. Whether the activity will have its own signage;
9. How the activity advertises itself in comparison to other activities on the
property; and
10. The hours of operation of the activity in comparison to other activities on the
property.
B. An authorization of similar (accessory) uses may be authorized by the Planning
Commission according to EMC 16.04.030.E.

SECTION 115:
ADOPTION “16.82.030 Accessory Structures And Use
Limitations” of the Estacada Municipal Code is hereby added as follows:
ADO P TIO N
16.82.030 Accessory Structures And Use Limitations(Added)
An accessory use shall comply with all requirements for a principal use, except as this title
specifically allows to the contrary, and shall comply with the following limitations:
A. Accessory Structures. An accessory structure not used for human habitation and
separated from the main building may be located up to five (5) feet from a rear
property line if the structure is no more than fifteen (15) feet in height. Structures over
fifteen (15) feet must meet the setback standards established in each zoning district.
B. Fences. Fences, hedges and walls limited to six (6) feet in height may be located
within required setbacks, but shall not exceed two and one-half (2 1/2) feet or thirty
(30) inches in height in any required setback which abuts corner property at the
intersection of two streets, or from the intersection of a private drive or road easement
and a public street or alley.
C. Decks. Unenclosed decks, unroofed landings, porches and stairs may project into any
required setback providing the following conditions are met:

Page 127

Exhibit 1

1. No portion except for guard rails shall extend above the floor level of a
habitable room.
2. No such projection shall obstruct a stairway.
3. No such projection shall extend into a required setback no more than one-third
(1/3) the distance of the required setback.
D. Manager/Caretaker Residences. In the M-1 zone, a residence may be established
secondary to the main use of the property for the sole purpose of providing living
quarters for the owner, operator or caretaker of a commercial or industrial enterprise;
provided that:
1. The living space shall be located on the same property as the commercial or
industrial operation and is justified by the requirement of twenty-four (24)
hour attendance;
2. Occupancy is limited to the manager/caretaker and their immediate family.
E. RV Conversions. Recreational vehicles cannot be utilized for a commercial business
on a permanent basis. Temporary placement may be authorized by the Planning
Commission using the procedure for conditional uses as set forth in EMC 16.88.

SECTION 116:
AMENDMENT “16.84.040 Nonconforming Lots Of
Record” of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.84.040 Nonconforming Lots Of Record
A. Except as provided in Ssubsection B, lots of record that do not conform to the
dimensional or area requirements of the applicable base zone may be developed. Any
new structure built on the lot(s) must conform to the development standards for the
applicable base zone (such as setbacks, lot coverage, minimum off-street parking, etc.)
and must meet all requirements related to infrastructure and public utilities.
B. If the lot area is less than the minimum lot size for a single-family unit dwelling in the
applicable zone, any residential use of the lot shall be limited to a single-family unit
dwelling, a duplex, or a commonwall dwelling, or an ADU, provided those housing
types are permitted in the zone.

SECTION 117:
ADOPTION “Chapter 16.90 MODIFICATIONS TO
APPROVED PLANS AND CONDITIONS” of the Estacada Municipal Code is hereby
added as follows:
ADO P TIO N
Chapter 16.90 MODIFICATIONS TO APPROVED PLANS AND CONDITIONS(Added)

SECTION 118:
ADOPTION “16.90.010 Purpose” of the Estacada Municipal
Code is hereby added as follows:

Page 128

Exhibit 1

ADO P TIO N
16.90.010 Purpose(Added)
The purpose of this chapter is to provide an efficient process for modifying land use decisions
and approved development plans, in recognition of the cost and complexity of land
development and the need to conserve city resources.

SECTION 119:
ADOPTION “16.90.020 Applicability” of the Estacada
Municipal Code is hereby added as follows:
ADO P TIO N
16.90.020 Applicability(Added)
This chapter applies when an applicant (including any successor in interest to the original
applicant) proposes to modify an approved application or condition of approval in a decision
that has not expired.

SECTION 120:
ADOPTION “16.90.030 Modifications” of the Estacada
Municipal Code is hereby added as follows:
ADO P TIO N
16.90.030 Modifications(Added)
A. Major Modification. Applications for major modifications shall follow the procedure
for and have the review authority relevant to the original application type. Any one of
the following changes constitutes a major modification:
1. A change in land use, from a less intensive use to a more intensive use, as
evidenced by parking, paved area, an estimated increase in automobile or
truck trips (peak and/or average daily trips), an increase in hours of operation,
an increase in demand for parking, additional paved area, or similar factors,
where the increase is twenty percent (20%) or more, provided the standards of
the zone are met;
2. An increase in floor area in a commercial or industrial development, or an
increase in the number of dwelling units in a multifamily development, by
twenty percent (20%) or more, provided the standards of the zone are met;
3. A reduction in required setbacks, or an increase in lot coverage, by twenty
percent (20%) or more, provided the standards the zone are met;
4. A change in the type, location, or both of vehicle access points or approaches,
driveways, or parking areas when such a change would affect off-site traffic
and when the City Engineer determines the change could cause a significant
adverse impact on traffic operations or safety (i.e., would require mitigation);
5. A reduction to screening, or a reduction to the area reserved for common open
space or landscaping by twenty percent (20%) or more; or
6. A change to a condition of approval, or a change similar in scale, magnitude,
or impact to items (1)-(5) above, if the proposed change is located within one

Page 129

Exhibit 1

hundred (100) feet of an adjoining property and could have a significant
detrimental impact on adjoining property. The City Planning Official shall
have discretion in determining significant detrimental impacts triggering a
major modification.
B. Minor Modification. The Planning Official, consistent with procedures in EMC
16.132, shall review proposals for Minor Modifications. A minor modification is a
change to an approved plan or condition of approval that does not meet any of the
thresholds for a major modification listed in EMC 16.90.30(A) and is not below the
thresholds for Staff Review of Modifications provided in EMC 16.90.30(E), as
determined by, and in the discretion of, the Planning Official. Minor modifications
may also include technical corrections to comply with codes and regulations, or
changes in jurisdictional authority.
C. Modifications Applications and Procedures. Requests for major or minor modifications
shall conform to all of the following procedures:
1. The applicant shall submit an application form, filing fee, letter describing the
modification, and site plan using the same plan format as in the original
approval. The City may require other relevant information, as necessary, in
evaluating the request;
2. The scope of review shall be limited to the modification requested. For
example, a request to modify a commercial development’s parking lot shall
require review only for the proposed changes to the parking lot and any
proposed changes to associated access, circulation, etc.;
3. Notice of the application and the scope of review shall be provided in
accordance to the applicable process type; and
4. The decision authority for the applicable process type shall approve, deny, or
approve with conditions the application based on the applicable approval
criteria in EMC 16.90.30(D), and provide written findings explaining how
such approval criteria are or are not met.
D. Modification Approval Criteria. A major or minor modification application shall be
subject to those approval criteria used for the initial project approval that are applicable
to the aspect(s) of the proposal proposed to be modified, provided, however, that:
1. At the time of application for a modification, the applicant may elect, in the
applicant’s discretion, to instead have the application subject to the approval
criteria in effect when the application for the modification is submitted that are
applicable to the aspect(s) of the proposal proposed to be modified; and
2. A modification adding a conditional use to a project approved without
previous conditional use approval shall require findings addressing criteria
under EMC 16.88 when the application for the modification is submitted.
E. Staff Review of Modifications. Minor changes to approved projects not involving
changes to conditions of approval, nor involving changes implicating any specific
discretionary standards discussed as part of the approval, may be approved by the City
Planner. A change may be considered a minor change allowed to be approved by staff
under this section only where staff determines that the change is not to an aspect of the
project that is material to the original land use decision and would not require
additional findings or reconsideration of the approval criteria upon which the decision
was based. For example, a project that, as part of the land use record leading to
approval, provided a landscaping site plan contemplating use of a specific species of
plant, could change the plant shown on plans in the land use record if the specific
species of plant was not material to the land use approval.

Page 130

Exhibit 1

SECTION 121:
AMENDMENT “16.92.070 Traffic” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.92.070 Traffic
No on-site sale of products except those incidental to the home occupation shall be allowed. A
home occupation shall not generate more than a total of ten (10) employee trips to and from the
property in one day.
(Prior code § 10.587(g))

SECTION 122:
AMENDMENT “16.96.010 Standards For Manufactured
Dwelling Parks” of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.96.010 Standards For Manufactured Dwelling Parks
A manufactured dwelling park may be permitted as a conditional use when it meets all
applicable requirements of ORS Chapter 446, and any other current state law. In addition, the
following minimum standards shall apply:
A. Minimum park size: one (1) acre.
B. Minimum lot size: three thousand five hundred (3,500) square feet.
C. Minimum width of lot: thirty-five (35) feet.
D. Minimum front setback: twenty (20) feet.
E. Minimum side and rear setbacks: ten (10) feet.
F. Minimum distance between mobile-homes: ten (10) feet.
G. Minimum distance between mobile-homes and community or service buildings:
twenty (20) feet.
H. Each access road connecting with a public street shall have a surface width of at least
thirty (30) feet for a distance of forty (40) feet as measured from the intersection of the
public road. All other roads shall have a minimum surface width of at least twenty (20)
feet for two-way traffic if parking is prohibited and thirty (30) feet for two-way traffic
if parking is allowed on one side.
I. Developed recreation areas shall be required in parks where lots are less than four
thousand (4,000) square feet and children under fourteen (14) are permitted. Play areas
shall have at least one hundred (100) square feet per lot, and shall be no less than two
thousand five hundred (2,500) square feet. Play areas shall be restricted to that use and
protected from all streets, driveways, and parking areas by a fence, or the equivalent
thereof, of at least thirty (30) inches in height.
J. All areas not used for homes, motor vehicles, parking, traffic circulation, or service or
community buildings shall be completely and permanently landscaped and maintained
in good conditionA minumum of five percent (5%) of the area developed, which
includes but is not limited to areas developed for off-street parking, driveways, and
above-ground utility facilities, shall be landscaped in accordance with EMC 16.77.

Page 131

Exhibit 1

K. Each lot shall have clearly defined boundaries marked by a fence, planting or other
suitable means.
L. Each lot shall have a minimum of two (2) parking spaces.
M. Each lot shall have electricity, water and sewage disposal to each site.
N. Each lot shall have a maximum lot coverage of seventy-five (75) percent.
O. Accessory buildings or structures including community and service buildings, carports,
cabanas, and ramadas intended for community use, but excluding signs and fences,
shall be at least twenty-five (25) feet from public street rights-of-way.
P. Screening shall consisting of a sight-obscuring fence (including, but not limited to,
evergreen plantings) not less than six (6) feet in height, and located and/or buffer strip
of vegetation may be required along all property lines.
Q. Fences and sight-obscuring fences, with the exception of evergreen plantings, cannot
exceed seven (7) feet in height without a building permit.
(Prior code § 10.588)

SECTION 123:
ADOPTION “Chapter 16.106 MIDDLE HOUSING LAND
DIVISIONS” of the Estacada Municipal Code is hereby added as follows:
ADO P TIO N
Chapter 16.106 MIDDLE HOUSING LAND DIVISIONS(Added)

SECTION 124:
ADOPTION “16.106.010 Purpose” of the Estacada
Municipal Code is hereby added as follows:
ADO P TIO N
16.106.010 Purpose(Added)
A middle housing land division (MHLD) is a partition or subdivision of a lot on which the
development of middle housing is allowed under ORS 197A.420 (2) or (3) or under ORS
197A.421.
MHLDs are regulated by this Title and ORS 92.031. The purpose of a MHLD is to provide a
simplified and expedited process for subdividing or partitioning lots with middle housing so
that each unit is on a separate property, which enables the units to be sold and owned
individually.

SECTION 125:
ADOPTION “16.106.020 Adoption By Reference” of the
Estacada Municipal Code is hereby added as follows:
ADO P TIO N
16.106.020 Adoption By Reference(Added)
The City hereby adopts by reference the following sections of the Oregon Department of Land

Page 132

Exhibit 1

Conservation and Development (DLCD) Medium Cities Model Code, as authorized under
ORS 92.031 and Oregon Administrative Rules (OAR) 660-008-0410:
A. Section 9.6 Middle Housing Land Division, also subject to the following requirements
in related Model Code Sections or Chapters:
1. Section 1.2 Applicability;
2. Section 1.3 Relationship to Other Regulations;
3. Section 9.1 Procedures and Applications, Generally; and
4. Chapter 10 Definitions and Measurement Methodology.
These sections and chapter of the Medium Cities Model Code are available as an attachment to
OAR 660-008-0410 and are incorporated as if fully set forth herein.

SECTION 126:
ADOPTION “16. 106.030 Applicability” of the Estacada
Municipal Code is hereby added as follows:
ADO P TIO N
16. 106.030 Applicability(Added)
This chapter applies to all middle housing land divisions within the City, including expedited
land divisions.

SECTION 127:
ADOPTION “16.106.040 Amendments” of the Estacada
Municipal Code is hereby added as follows:
ADO P TIO N
16.106.040 Amendments(Added)
Local amendments to adopted sections of the Medium Cities Model Code, if any, shall be
adopted by ordinance and appended to this chapter.

SECTION 128:
ADOPTION “16.106.050 Administration” of the Estacada
Municipal Code is hereby added as follows:
ADO P TIO N
16.106.050 Administration(Added)
The Planning Official shall administer this chapter consistent with state standards.

SECTION 129:
AMENDMENT “16.108.010 Preapplication Process” of the
Estacada Municipal Code is hereby amended as follows:

Page 133

Exhibit 1

AMEN DMEN T
16.108.010 Preapplication Process
Prior to preparing a tentative plan of a subdivision, the applicant shall schedule a preapplication
conference to discuss the proposed division with city staff. At the preapplication conference,
the applicant and staff shall discuss the implication of the zoning, availability of water, sewage
disposal, drainage and street construction requirements, access and easements, topography of
the site, any known natural hazards, and all other factors affecting pertaining to the division of
the property.
(Prior code § 10.760(1))

SECTION 130:
AMENDMENT “16.108.020 Tentative Plan Application” of
the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.108.020 Tentative Plan Application
A. When a tract of land is to be subdivided, the tentative plan of the proposed subdivision
shall be filed with the city together with an application.
B. The submitted tentative plan shall include the following:
1. The names, addresses, and phone numbers, and email addresses of the
property owners, applicants, engineer, and/or surveyor;
2. Proposed name of the subdivision;
3. Legal description, including tax lot number, existing zoning, and proposed use
of the property;
4. The date, north point and scale of the drawing;
5. A vicinity sketch showing the location of the subdivision;
6. Gross acreage of the property being subdivided, the location and dimensions
of all proposed lot lines including dimensions of each lot or parcel, and listing
the number of lots within the plat;
7. Source and location of domestic water;
8. Source and location of sewage disposal;
9. Proposed utilities and location of utilities;
10. Name, location and width of all existing and proposed roads and easements
including identification of legal access to the land;
11. Names, surfacing, direction of drainage, disposal of surface water, and
approximate grade of all streets within and abutting the subdivision;
12. Width, depth and direction of flow of all drainage channels on the property;
13. Contour lines at two (2) foot intervals if ten (10) percent slope or less, five (5)
foot intervals if exceeding ten (10) percent slope. State the source of contour
information;
14. Approximate location and use of all existing structures on the site. Indicate,
and indication of those to be removed;
15. Pedestrian walkways, sidewalks, parkways, and curbing;
16. Areas other than streets to be offered for dedication to the public (e.g., parks,
greenways);
17. Any limitations to development; i.ee.g., topography, areas subject to flooding,

Page 134

Exhibit 1

geologic hazards, drainage channels on property, significant vegetative areas,
etc.;
18. Adjacent land owned by the developer.
C. Impact Statement. Since it is the purpose of this title to promote the public health,
safety and welfare, an impact statement which shall contain an assessment of the
proposed subdivision shall be prepared. The impact statement shall be in written form
and shall contain an assessment of the following points, outlining the beneficial and
detrimental impact that the development of the subdivision will have and shall be
submitted with the tentative plan review by the planning commission and all other
departments and appropriate agencies.
Hydrologic consideration: shall include the immediate area's storm water drainage
pattern of flow, the impact of the proposed development upon downstream areas; and
addition to the city storm drainage system.Geologic consideration: shall include the
erosion potential, stability, bearing qualities of the soil and geologic formations; soil
permeability and infiltration rates.Vegetation and animal life considerations: shall
include vegetation or high brush-forest fire potential on site or in close proximity of the
site; areas of low revegetation potential on the site; unique vegetation communities,
rare or endangered animal species, highly productive habitats for species either on site
or within close proximity to the site.Atmospheric considerations: shall include the
airshed or basin in which the project is located; the local circulation patterns, prevailing
winds and storm exposure; and the wind conditions that could affect the proposed
development.Economic considerations: shall include a detailed discussion of the
economic impact of the proposed development upon city services, as well as a
consideration of the proposed project's impact upon the tax rate of the tax code area.
Further, the impact of the proposed development upon the valuation rates of adjacent
property shall be included.Road considerations: shall include a detailed discussion of
the roads or routes of transportation in reference to road width, construction standards,
and the ability of the roads to accommodate the anticipated amount of travel that will
be generated by the proposed development.Relationship considerations: shall include a
detailed discussion of the relationship of the proposed development to shopping,
recreational and employment centers.Public considerations: shall include a detailed
discussion of how the public will benefit from the proposed development and illustrate
the demonstrated public need for the proposed project, and its agreement with the
provisions of the comprehensive plan.Stormwater report, stamped and signed by an
Oregon licensed professional engineer;
D. Geotechnical report, stamped and signed by an Oregon licensed professional engineer
(if applicable);
E. A written narrative demonstrating each of the approval criteria in EMC 16.108.025
can be met by the proposed plan.
(Ord. 2000-31 § 1; prior code § 10.760(2))

SECTION 131:
ADOPTION “16.108.025 Subdivision Tentative Plan
Approval Criteria” of the Estacada Municipal Code is hereby added as follows:
ADO P TIO N
16.108.025 Subdivision Tentative Plan Approval Criteria(Added)

Page 135

Exhibit 1

SECTION 132:
AMENDMENT “16.108.030 Review Of Tentative Plan By
Other Departments” of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.108.030 Review Of Tentative Plan By Other Departments
Within seven (7) days after the subdivision application is deemed complete, the city staff shall
distribute copies thereof to appropriate agencies and departments for with review, comments
and recommendations authority.
(Ord. 2001-5 § 6: prior code § 10.760(3))

SECTION 133:
AMENDMENT “16.108.040 Approval Of Tentative Plan”
of the Estacada Municipal Code is hereby amended as follows:
AMEN DMEN T
16.108.040 Approval Of Tentative Plan
A. When all comments and recommendations from appropriate agencies or departments
have been received or within sixty (60) days after receiving the application as provided
for in this title, whichever date shall occur first, the city shall place the tentative plan on
the agenda of the next scheduled meeting of the planning commission and notify the
applicant of the meeting date and time. Following consideration of the tentative plan,
the replies from other agencies and departments and such other testimony offered, the
planning commission shall adopt findings and make a recommendation to the city
council. The city council shall then hold a hearing de novo and render a decision. The
city council shall conditionally approve, disapprove for cause, or, when further
information is required, postpone a decision on the tentative plan.
B. The applicant shall be notified of the decision and the basis upon which the decision
was made. Unless appealed, the decision shall become effective fifteen (15) days after
rendered, in accordance with EMC 16.132.060. The tentative approval is valid for
four years from the effective date of approval.
C. Exception: Residential subdivision applications shall conform to the review process
outlined in EMC 16.134, and do not need to comply with the process described in
Subsections A and B.
(Prior code § 10.760(4))

SECTION 134:
AMENDMENT “16.112.010 Plat Submittal” of the Estacada
Municipal Code is hereby amended as follows:
AMEN DMEN T
16.112.010 Plat Submittal

Page 136

Exhibit 1

A. Within four (4) years from the effective date of approval of the tentative plan for a
subdivision, or before the expiration of any time extension granted in accordance with
EMC 16.108.050, a subdivision plat conforming to ORS 92.050 shall be submitted for
approval.
B. All subdivision plats must take the final form of a subdivision plat map and be
prepared by a registered professional land surveyor.
C. In addition to the information as required on the tentative plan, the following
information shall be provided:.
1. Accurate legal descriptions of all parcels and easement roads;
2. The deed dedicating to the public all common improvements, including but
not limited to roads, parks, greenways, if the donation was made a condition
of approval of the tentative plan for the subdivision;
3. Certification that water and sewer service has been installed to each parcel or
acceptance by the city of a performance agreement ensuring that such services
will be provided;
4. A statement of water rights noted on the subdivision plat, and a copy of the
acknowledgment from the Water Resources Department under ORS 92.120, if
the person offering the plat for filing indicates on the statement of water rights
th