(Latest rev. February 25, 2004) LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS 920 - 1
Distribution Run time: March 26, 2004 (4:08:48pm)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 1 ? Administrative Provisions
CHAPTER 920
DEVELOPMENT CODE; GENERAL
PROVISIONS
TABLE OF CONTENTS
   Section Title
   920.010 Title; short titles
   920.030 Development Code organization
   920.040 Purpose
   920.050 Interpretation
   920.100 Definitions
   920.200 Terms having legal meaning for purposes of
administering the Land Development Code but
which may not be used in the Code
   920.300 Interpretations of zoning map boundaries
   920.400 Expired practices, interpretations, and policies
   920.500 Current practices, interpretations, and policies
   920.600 New uses and existing uses
Statutory References and Other Authorities
Legislative History of Chapter 920
Appendix 1 to Chapter 920 - Figures 1 to 8
Appendix 2 to Chapter 920 ? Authorized Units of Land
920.010 Title; short titles
(A)  LCC 920.010 to 939.999 shall be known
as the ?Linn County Land Development Code.?
LCC 920.010 to 939.999 may also be referred to
and cited as the ?Land Development Code? or the
?Development Code.?
(B)  The Development Code consists of text
and map(s), entitled the ?Linn County Zoning
Map,? or ?Zoning Map.? The Zoning Map is
found in Appendix 1 following this Development
Code. If a conflict arises between the Zoning Map
and the text of the Development Code, the text
shall govern.
(C)  Wherever the term ?Linn County Land
Development Code,? ?Land Development Code?
or ?Development Code? is used, the term includes
all amendments to the Development Code.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
920.030 Development Code organization
(A) Organization of chapters within the Land
Development Code shall be as follows:
(1) Chapters may be divided into sec-
tions.
(2) Sections may be divided into subsec-
tions.
(3) Subsections may be divided into
paragraphs.
(4) Paragraphs may be divided into
subparagraphs.
(5) Subparagraphs may be divided into
sub-subparagraphs.
(6) Sub-paragraphs may be divided into
sub-sub-paragraphs.
(B) Citations to the organization required in
subsection (A) shall be as follows:
LCC NNN.nnn (SS) (P) (SP) (SSP) (SSSP)
An example is: LCC 924.134 (B) (1) (a) (i) (II)
where those abbreviations have the meanings of:
(1) LCC................. Linn County Code
(2) NNN .........................Chapter
(3) nnn .......................... Section
(4) SS ........................ Subsection
920 - 2 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
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(5) P .......................... Paragraph
(6) SP ...................... Subparagraph
(7) SSP ..................Sub-subparagraph
(8) SSSP ............. Sub-sub-subparagraph
(C) A long chapter, or more that one chapter,
that treats a variety of subjects may be divided
into subchapters. A subchapter usually has an
uppercase title preceded by an uppercase roman
numeral. A subchapter may be referred to in the
text by its title.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
920.040 Purpose
(A)  The text and zoning map(s) in this Land
Development Code shall prescribe procedures and
standards for the use and development of land in
the unincorporated areas of Linn County.
(B)  The Development Code shall implement
the Comprehensive Plan and shall protect and
promote the public health, safety, and welfare;
provide the economic and social advantages
which result from an orderly, planned use of land;
and regulate the partitioning and subdividing of
land. The provisions of this Development Code
are designed:
(1) To ensure the protection, conserva-
tion and proper use of land in Linn County by
providing uniform procedures and standards for
land use, division and development in unincorpo-
rated areas of the county;
(2) To aid in the implementation of the
Comprehensive Plan for Linn County;
(3) To provide for desirable, appro-
priately-located residential areas for a variety of
dwelling types at suitable population densities
with adequate provisions for usable open space;
(4) To protect agriculture, timber, resi-
dential, commercial, industrial and publicly-
owned areas from the intrusions of incompatible
uses and to provide opportunities for compatible
establishments to concentrate for efficient opera-
tion in mutually-beneficial relationship to each
other and share services;
(5) To ensure preservation of adequate
space for agricultural, forest, commercial, indus-
trial and other activities necessary for a healthy
economy;
(6) To preserve and enhance the use of
agricultural and forest resource lands through the
adoption of development limitations and to pro-
vide for the orderly and efficient transition of such
resource lands to other land uses based on a
showing of public need;
(7) To promote safe, fast and efficient
movement of people and goods without sacrific-
ing the quality of Linn County?s environment or
undermining the public investment in roads; and
to provide off-road parking;
(8) To pursue excellence and originality
of design in all future developments and to pre-
serve the natural beauty of Linn County;
(9) To stabilize expectations regarding
future development of Linn County, thereby
providing a basis for wise decisions with respect
to such development;
(10) To preserve and enhance the quality
of Linn County?s environment;
(11) To emphasize the conservation of
energy and the use of renewable energy resources;
(12) To ensure that lots and parcels are
created at sufficient size and shape to prevent
congestion and overcrowding;
(13) To establish reasonable standards
for lot and parcel design to further the orderly
development and use of land and to ensure that
proper descriptions and monumentation of land
divisions occur;
(14) To ensure the establishment and
protection of adequate provisions for water sup-
ply, waste disposal, surface drainage, access,
utilities and other public facilities and services
needed for public health, safety and convenience;
(15) To minimize, through property
design and layout, the dangers to life and property
generated by the hazards of fire, floods, land-
slides, soil erosion and other natural dangers; and
(16) To provide for an adequate road
system designed to handle anticipated usage and
to minimize safety hazards and adverse impacts
on the neighboring areas and the environment.
[Adopted 98-002 ?3 eff 3/4/98
(Latest rev. February 25, 2004) LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS 920 - 3
Distribution Run time: March 26, 2004 (4:08:48pm)
920.050 Interpretation
(A)  For the purpose of this Development
Code, words used in the present tense include the
future; masculine gender includes the feminine;
the word ?shall? is mandatory; the word ?may? is
permissive; the words ?may not? are prohibitory.
(B)  For purposes of the Land Development
Code, use of the term ?a dwelling? is a limitation
meaning only one dwelling of the kind being
proposed or authorized.
(C)  The word ?to? means ?to and including?
(1) when used in a reference to a
(a)  series of
(i)  Code chapters, sections,
subsections, paragraphs, subparagraphs, or sub-
subparagraphs, or
(ii)  any such similar series in
the Oregon Revised Statutes, or
(b)  range of numbers are letters.
(2) For example,
(a)  LCC 921.100 to 921.325 in-
cludes both LCC 921.100 and LCC 921.325 and
all intervening sections, and
(b)  10 to 12, or A to G includes
both 10 and A, respectively, and 12 and G, respec-
tively, and all intervening numbers or letters.
(D)  When a provision of this Development
Code is less restrictive or is superseded by provi-
sions established under other laws, rules, ordi-
nances or regulations, the more restrictive laws,
rules, ordinances or regulations shall apply.
[Adopted 98-002 ?3 eff 3/4/98}
920.100 Definitions
(A)  A term not defined in this Development
Code shall have its ordinary accepted meaning
within the context in which it has been used. The
most current edition of Webster?s New Collegiate
Dictionary shall be considered the source of
accepted meanings.
(B)  As used in 920.010 to 939.999:
(1) ?Abut? means to border another unit
of land for greater than point contact.
(2) ?Accepted farming practice? means
a mode of operation that is common to farms of a
similar nature, necessary for the operation of such
farms to obtain a profit in money and customarily
utilized in conjunction with farm use.
(3)  ?Accepted forest practice?
(a) Means cultivation, management,
protection and harvest of forest crops including
activities such as growing, spraying, thinning,
pruning, protecting, harvesting through cutting,
and transporting of deciduous and coniferous
trees.
(b)  The term also includes the
development of forest access roads and the extrac-
tion and processing of aggregate resources neces-
sary for construction and maintenance of such
roads, and include facilities necessary for protec-
tion of the forest resource from wildfire.
(4) ?Access? means the place, means or
way by which pedestrians or vehicles shall have
adequate and usable ingress and egress to a prop-
erty, a use of land, or a parking space (see access
roads).
(5) ?Accessory buildings means any
building, the use of which is incidental, appropri-
ate, and subordinate to that of a principal building
or use.
(6) ?Accessory farm dwelling? means a
dwelling that meets the requirements of OAR
660-033-0130 (24).
(7) ?Accessory structure? means any
structure, the use of which is incidental, appropri-
ate and subordinate to that of the principal build-
ings or uses.
(8) ?Accessory transportation im-
provements? means transportation improvements
that are incidental to a land use to provide safe
and efficient access to that use (see transporta-
tion improvements).
(9) ?Accessory use? means a use inci-
dental and subordinate to either:
(a)  the principal use of the autho-
rized unit of land; or
(b)  to a building located on the
same authorized unit of land.
(10) ?Access roads,? as that term is
defined and used in OAR 660-012-0065, means
low volume public roads that principally provide
920 - 4 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
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access to property or as specified in the
Comprehensive Plan (see access).
(11) ?Administrative unit of land?
(a)  means a unit of land established
for the purpose of governmental administration
such as taxing, security, and interment:
(b) The term includes such units as:
(a)  tax-lots,
(ii)  mortgage-lots (when con-
sidered separately from the entire unit of land in
which the mortgage-lot is located), and
(iii)  cemetery-lots.
(c)  The term does not include
authorized units of land.
(12) ?Advertising sign? means a sign
consisting solely of the name of the establishment,
advertising activities conducted on the premises,
or identifying the establishment?s principal prod-
uct or services offered on the premises.
(13) ?Aggregate resources? means
naturally occurring concentrations of stone, rock,
sand and gravel, decomposed granite, lime, pum-
ice, cinders, and other naturally occurring solid
materials commonly used in construction and road
building. The term usually means aggregate that
has not been removed from its location for use as
an aggregate material.
(14) ?Aggregate materials? means
aggregate resources that have been extracted from
the resource site and are capable of being bound
together or used individually as a construction
material.
(15) ?Agriculture area? or ?ag area?
has the same meaning given the term in LCC
928.607.
(16) ?Airport? includes public and
personal-use airports (see personal use airport
and public use airport).
(17) ?Alley? means a public way not
over 30 feet wide providing a secondary means of
access to private property.
(18) ?Alter? means to make any change,
addition or modification in construction or occu-
pancy of a building or structure. ?Alteration?
means any such change, addition, or modification.
(19) ?Alternative forestland dwelling?
means a single-family dwelling permitted on an
authorized unit of land in the forest area of the F/F
zoning district that complies with ORS 215.750
(formerly referred to by the Department as a
template dwelling, see template dwelling in LCC
920.200).
(20) ?Amendment? means a change in
wording adopted by the hearing authority that
alters the context or substance of this Develop-
ment Code, or a change in zoning district bound-
aries or sub-district boundaries on the zoning map.
(21) ?Appear? or ?appearance? means
the submission of testimony or evidence in a
proceeding involving a land use decision, whether
oral or written. Appearance does not include the
act of placing a name or address on a petition or
having a name or address placed on a petition.
(22) ?Applicant? means any person who
files an application with the Planning and Build-
ing Department for review and decision by the
Director, Planning Commission or Board of
Commissioners.
(23) ?Approach surface,? in reference
to an airport, means a trapezoidal plane, longitudi-
nally centered on the extended runway centerline
and extending outward and upward from a point
starting 200 feet from each end of the runway.
(24) ?Approved septic system? means
a subsurface sewage disposal system that has been
installed in compliance with the rules and regula-
tions of and approved by EHP.
(25) ?Approved septic system site?
means
(a)  an initial area sufficient for an
on-site, subsurface sewage disposal system ap-
proved by EHP, and
(b)  a replacement area sufficient for
an on-site, subsurface sewage disposal system
approved by EHP, often referred to as a repair
area.
(26) ?Area? means an unspecified quan-
tity of land.
(27) ?Arterial or ?arterial road? means
a state highway or other public road that princi-
pally provides service to through traffic between
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cities and towns, state highways and major desti-
nations or as specified in the Comprehensive Plan
(see OAR 660-012-0065 (2) (c)).
(28) ?Assessor?s Office? means the Linn
County Assessor?s Office.
(29) ?Authorized unit of land?
(a)  Means a unit of land that:
(i) has been lawfully created
(see lawfully created unit of land), and
(ii) is one of the lots described
in subparagraph (b), or one of the parcels de-
scribed in subparagraph (c), or one of the units-of-
record described in subparagraph (d).
(b)  A lot:
(i)  that was platted before
January 4, 1968, and
(I)  recorded on an individ-
ual deed before March 22, 1972; or
(II)  recorded on an individ-
ual deed on or after March 22, 1972 but before
September 2, 1980, and meeting the requirements
of land use regulations in effect between March
22, 1972 and September 2, 1980; or
(ii)  that was platted on or after
January 4, 1968 but before March 22, 1972; and
(I)  recorded on an individ-
ual deed before March 22, 1972; or
(II)  designated RR or RCT
in August 14, 1991; or
(iii)  that was platted on or after
March 22, 1972 but before September 2, 1980;
and
(I)  recorded on an individ-
ual deed before September 2, 1980; or
(II)  designated RR or RCT
in August 14, 1991; or
(iv)  that was platted after
September 2, 1980.
(c)  A parcel:
(i)  that was approved and
recorded on an individual deed between 1980 and
1991 and that conforms to the partition as ap-
proved; or
(ii)  that was platted after 1991.
(d)  A unit-of-record that was:
(i)  described by metes and
bounds on a deed that was recorded in Linn
County:
(I)  before March 22, 1972.
The term may include more than one authorized
unit of land if each unit was recorded on a deed
before March 22, 1972, and if Appendix 2 are
met; or
(II)  on or after March 22,
1972 but before September 2, 1980 and meeting
the requirements of land use regulations in effect
between March 22, 1972 and September 2, 1980.
The term may include more than one authorized
unit of land if each unit was recorded on a deed on
or after March 22, 1972, but before September 2,
1980, and if Appendix 2 are met; or
(ii) created by a judgment of a
foreclosure of:
(I)  a lien financing the
purchase or improvements of real property; or
(II)  a recorded contract of
sale of real property.
(e) An authorized unit of land may
or may not be a developable unit of land. Notwith-
standing any provision to the contrary, the deter-
mination that a lawfully created unit of land is an
authorized unit of land only authorizes the appli-
cant thereof to apply for a development permit
under the Land Development Code. That determi-
nation does not grant any development rights.
(f)  Notwithstanding the definition of
authorized unit of land in this paragraph, for
purposes of units of land located in the Rural
Resource, Rural Development, and Urban Growth
Management zoning designations, the term also
includes a unit of land:
(i)  described by metes and
bounds on an individual deed that was recorded in
Linn County between March 22, 1972 and Sep-
tember 1, 1980; and
(ii)  which contain a lawfully
established dwelling that was established as of
September 1, 1980.
(g) The term, authorized unit of
land, does not include administrative units of land
920 - 6 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
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(see Appendix 2 entitled ?Authorized Units of
Land? following this Chapter).
(30) ?Barrier strip?
(a) Means a strip of land one foot in
width which may overlay the outer one foot of any
public road right-of-way and over which authority
is reserved by Board or the private land owner
specifically to control access to adjacent lands.
(b) In reference to Linn County
Assessor?s maps, old subdivision maps, and
similar records, barrier strip has the same mean-
ing as ?reserve strip? used thereon. Other names
for a barrier strip include ?spite strip? and ?road
plug.?
(31) ?Board? means the Linn County
Board of Commissioners.
(32) ?Building? means any structure
which is built and maintained for the support,
shelter or enclosure of persons, motor vehicles,
animals or personal property.
(33) ?Building Code? includes LCC
Chapters 810 (Specialty Codes), 820 (Dangerous
Building Code), 850 (Fill and Excavation Code),
and 870 (Floodplain Management Code).
(34) ?Building height? or ?height,? in
reference to a building, means the vertical dis-
tance from the grade to the highest point of the
coping of a flat roof, or to the deck line of a
mansard roof or to the average height of the
highest gable of a pitch or hip roof.
(35) ?Building line? means a line on a
site map indicating the limit beyond which struc-
tures may not be erected and which is the mini-
mum distance prescribed by this Development
Code between the property line and the permitted
building excluding any permitted protrusions (see
LCC 934.205; see front building line).
(36) ?Building Official? means the Linn
County Building Official or designate, including
a duly-designated assistant or building inspector.
(37) ?Building permit? includes permits
authorized and issued by the Building Official for
the development of, but not limited to:
(a)  a structure; 
(b)  a manufactured dwelling;
(c)  an electrical supply (whether
temporary or permanent);
(d)  a grading permit.
(38) ?Calendar year? means 12 calendar
months commencing on January 1 and ending on
December 31 following.
(39) ?Campground? means an area
devoted to overnight, temporary use for vacation,
recreational or emergency purposes but not for
residential purposes and which may be occupied
by tents or recreational vehicles. The term does
not include intensively-developed recreational
uses such as swimming pools, tennis courts, retail
stores or gas stations.
(40) ?Cemetery?
(a)  Means land
(i)  used or intended to be used
for the interment of human remains, and
(ii)  dedicated and approved for
cemetery purposes.
(b)  The term includes columbaria,
crematoriums, mausoleums and mortuaries when
operated in conjunction with and within the
boundaries of a dedicated cemetery.
(41) ?Cemetery-lot? means an adminis-
trative unit of land in a cemetery wherein a person
is interred.
(42) ?Clerk?s Office? means the records
section of the Linn County Clerk?s Office.
(43) ?Class-IV or worse dwelling?
means a single-family residential dwelling not
provided in conjunction with a farm use estab-
lished on an authorized unit of land that complies
with ORS 215.284 (1).
(44) ?Class-VI or worse dwelling?
means a single-family residential dwelling not
provided in conjunction with a farm use estab-
lished on an authorized unit of land that complies
with ORS 215.284 (4).
(45)  ?Clustering,? in the areas of major
and peripheral habitat, means:
(a)  to locate dwellings and struc-
tures near each other and existing roads; and
(b)  to locate dwellings and struc-
tures to avoid habitat conflicts and utilize least
valuable habitat areas; and
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(c)  to minimize road development
to that necessary to support the residential use.
(46) ?Collector? or ?collector road?
means a public road that provides access to prop-
erty and that collects and distributes traffic be-
tween access roads and arterials or as specified in
the Comprehensive Plan (see OAR 660-012-0065
(2) (b)).
(47) ?Commercial? means any use or
activity conducted, made, done or operated pri-
marily for obtaining a profit in money.
(48) ?Commercial activities in con-
junction with a farm use?
(a)  Means any commercial activities
that
(i)  provide products and ser-
vices, particularly processing services,
(ii)  are essential to agriculture
as practiced in the region, and
(iii)  are not defined as a farm
use.
(b)  The principal distinction be-
tween commercial farm uses reviewed as condi-
tional uses and farm uses allowed outright, relate
to whether or not the farm product or service is
grown or provided by the farmer on land owned or
operated by the producer (see farm use).
(c)  Examples of commercial activi-
ties in conjunction with a farm use include but are
not limited to:
(i)  Hop, nut, and fruit drying,
for crops not wholly grown on land owned or
operated by the dryer;
(ii)  Feed mixing and storage
facilities, when the component grains are not
wholly grown on land owned or operated by the
mixer;
(iii)  Hullers, when the crop is
not wholly grown on land owned or operated by
the huller;
(iv)  Structures for the storage
or packing of agricultural products, when the
products are not wholly grown on land owned or
operated by the owner of the structures;
(v)  Seed processing, packing,
shipping and storage, for crops not wholly grown
on land owned or operated by the seed processor;
(vi)  Mint distilleries, for mint
not wholly grown on land owned or operated by
the distiller;
(vii)  Alcohol distilleries, for
grains and other agricultural products not wholly
grown on land owned or operated by the distiller;
(viii)  Feedlots for livestock,
when the livestock is not wholly grown on land
owned or operated by the feedlot operator; or
(ix)  Any other similar process-
ing or allied commercial farm activities associated
with regional farm uses.
(49) ?Commercial agriculture? means
farm units that either contribute in a substantial
way to the existing agricultural economy and help
maintain agricultural processors and established
farm markets or diversify agricultural processing
and create farm markets through the production of
agricultural goods currently not part of the agricul-
tural economy. While the propagation or harvest-
ing of a forest product is allowed in a farm zone,
only trees defined by ORS 215.203 qualify as a
farm use for producing farm income.
(50) ?Commercial dairy farm? means
a dairy operation that owns a sufficient number of
producing dairy animals capable of earning the
gross annual income required by OAR 660-033-
0135 (5) (a) or (7) (a), whichever is applicable,
from the sale of fluid milk.
(51) ?Commercial forestry? consists of
forest operations which will contribute in a sub-
stantial way to the area?s existing forest economy
and help maintain forest processors and estab-
lished forest markets.
(52) ?Commercial tree species? means
trees recognized under rules adopted under ORS
527.715 for commercial production (see ORS
215.720 (2).
(53) ?Commission? means the Linn
County Planning Commission.
(54) ?Comprehensive plan? or ?Plan?
(a)  when in italics, means the plan
adopted by the Board to serve as a guide to the
920 - 8 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
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orderly growth, development and improvement of
Linn County consistent with the statewide plan-
ning goals.
(b) The term includes the written
text with goals and policies, the diagrammatic
map or maps of desired land use allocations and
any amendments to such text and map(s).
(55) ?Comprehensive plan? or ?plan,?
when in regular font, means a plan, similar to the
Comprehensive Plan in scope and intent, adopted
by a governing body to so serve other communi-
ties in the county.
(56) ?Condition? means a limitation that
must be satisfied or avoided as a basis for issuing
a development permit. A condition includes:
(a) a limitation, referred to in the
Land Development Code as a condition of ap-
proval, that must be satisfied or avoided. A condi-
tion of approval is mandatory and is not subject to
appeal; and
(b) a limitation imposed on a devel-
opment permit to insure conformance with a
standard. This is referred to as a permit condition.
A permit condition is discretionary and subject to
appeal. A permit condition is not subject to a
variance.
(57) ?Conditional use? means a use that
may be permitted, permitted with conditions or
denied at the discretion of the decision maker
based upon findings of fact as required by the
Land Development Code and the Linn County
Comprehensive Plan.
(58) ?Conflict of interest?
(a)  ?Actual conflict of interest?
has the meaning given the term in ORS 244.020
(1).
(b)  ?Potential conflict of interest?
has the meaning given the term in ORS 244.020
(7).
(59) ?Corner property,? in reference to
a unit of land,
(a)  means a property which has
(i)  at least two adjacent sides
each of which abuts a road or roads other than
alleys (see Examples A, C, and D, Appendix 1,
Figure 3 following this chapter), or
(ii)  a front property line that is
a common boundary with a right-or-way that is a
curve (see Example B, Appendix 1, Figure 3
following this chapter).
(b)  The determination of how much
of the property fronts on a road or roads is used to
determine where to apply a front property line
setback. If the road is curved, the front property
line is based on the nature of that curvature as
determined by the County.
(60) ?County road?
(a)  means a public road under the
jurisdiction of Linn County that has been desig-
nated as a county road under ORS 368.016, for
which Linn County is responsible for improve-
ment and maintenance.
(b)  The following road designations
illustrated in this subparagraph are used in the
Comprehensive Plan and in the Land Develop-
ment Code. The designations may or may not be
a county road.
(i)  Arterial, major arterial,
county arterial;
(ii)  Collector, collector road,
county feeder road;
(iii)  Minor road, including
frontage road and some cul-de-sacs;
(iv)  Stubbed road;
(v)  Half road; and
(vi)  Industrial road.
(61) ?Coverage? (of property), in refer-
ence to a unit of land,
(a)  Means that portion of a unit of
land which, when viewed directly from above,
would be covered by buildings and other struc-
tures, excluding such structures as fences (see
Appendix 1, Figure 1 following this chapter).
(b)  The factors to be considered in
determining coverage include the adequacy of:
(i)  setbacks;
(ii) storm water absorption;
(iii) approved septic system;
(iv)  open space and neighbor-
hood livability preservation;
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(v) nonstructural amenities such
as areas for parking, loading, traffic circulation
and landscaping; and
(vi) productivity of resource
land preservation.
(62) ?Create? or ?creation,? in reference
to a unit of land, means the act of recording a
deed, land sale contract or plat in the Clerk?s
Office. The date of creation is the date on which
the deed, land sale contract, or plat was recorded.
(63) ?Criterion,? or ?decision criterion?
means a decision standard in the Land Develop-
ment Code that is applicable to a proposed use
and which is used by a decision maker to make a
determination whether the proposed use should be
approved or denied. Decision standards are la-
beled as ?criteria? or ?decision criteria? in the
code to distinguish them from other standards. A
land use proposal must be approved or denied
based on decision criteria and only by one of three
types of procedure: legislative, ministerial or
discretionary. No variance may be taken to a
decision standard or criterion.
(64) ?Cul-de-sac,?
(a) Means means a turn-around at
the end of a stubbed road farthest from the inter-
section onto a public road.
(b) If a cul-de-sac is classified as a
county road in the Comprehensive Plan, then the
cul-de-sac is a minor road and where so classified
means the equivalent of a stubbed road terminat-
ing in a cul-de-sac.
(65) ?Cultured Christmas trees? means
trees:
(a)  grown on lands exclusively for
that purpose, capable of preparation by intensive
cultivation methods such as plowing the soil;
(b)  of a species for which the De-
partment of Revenue requires a ?Report of Christ-
mas Trees Harvested? for purposes of ad valorem
taxation;
(c)  managed to produce trees meet-
ing U.S. No. 2 or better standards for Christmas
trees as specified by the Agriculture Marketing
Services of the United State Department of Agri-
culture; and
(d)  evidencing periodic maintenance
practices of shearing for Douglas fir and pine
species, weed and brush control and one or more
of the following practices: Basal pruning, fertiliz-
ing, insect and disease control, stump culture, soil
cultivation and irrigation.
(66) ?Currently employed for farm
use,? or ?current employment of land? includes
the uses given the term ??current employment? for
farm use? in ORS 215.203 (2) (b) which includes:
(a)  Farmland, the operation or use
of which is subject to any farm-related govern-
ment program;
(b)  Land lying fallow for one year
as a normal and regular requirement of good
agricultural husbandry;
(c)  Land planted in orchards or
other perennials prior to maturity, other than land
specified in subparagraph (d);
(d)  Land not in an exclusive farm
use zoning district which has not been eligible for
assessment at special farm use value in the year
prior to planting the current crop and has been
planted in orchards, cultured Christmas trees or
vineyards for at least three years;
(e)  Wasteland, in an exclusive farm
use zoning district, dry or covered with water,
neither economically tillable nor grazeable, lying
in or adjacent to and in common ownership with
farm land which is not currently being used for
any economic farm use;
(f)  Land under buildings supporting
accepted farm practices;
(g)  Water impoundments lying in or
adjacent to and in common ownership with farm
use land;
(h)  Land constituting a woodlot, not
to exceed 20 acres, contiguous to and owned by
the owner of land specially valued at true cash
value for farm use even if the land constituting the
woodlot is not utilized in conjunction with farm
use;
(i)  Land lying idle for no more than
one year where the absence of farming activity is
due to the illness of the farmer or member of the
farmer?s immediate family. For purposes of this
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paragraph, illness includes injury or infirmity
whether or not such illness results in death;
(j)  Land described under ORS
321.267 (1) (e) or 321.415 (5); and
(k)  Land in an exclusive farm use
zoning district used for the storage of agricultural
products that would otherwise be disposed of
through open field burning or propane flaming.
(67)  ?Day care facility?
(a)  Means a facility that provides
day care, as that term is defined by statute, to
children.
(b)  The term includes a day nursery,
nursery school home of a family day care provider
or similar unit operating under any name.
(c) The term does not include a:
(i)  Facility providing care that
is primarily educational, unless the care is pro-
vided to a preschool child for more than four
hours a day;
(ii)  Facility providing care that
is primarily supervised training in a specific
subject, including but not limited to dancing,
drama, music or religion;
(iii)  Facility providing care that
is primarily for group athletic or social activities
sponsored by or sponsored under the supervision
of an organized club or hobby group;
(iv)  Facility operated by a
school district, political subdivision of this state or
a governmental agency;
(v)  Residential facility licensed
under ORS 443.400 to 443.455; and
(vi)  Babysitting, as that term is
defined in ORS 657A.250.
(68) ?Day care nursery? means any
institution, establishment or place which custom-
arily accepts for purpose of being given board,
care or training apart from their parents or guard-
ians, for compensation or reward under all the
following circumstances:
(a) not less than three children at any
one time;
(b) such children are
(i)  not of common parentage,
and
(ii)  under the age of six years,
and
(c)  for a period not exceeding 12
hours per day.
(69) ?Day care provider? (see family
day care provider).
(70) ?Decision maker? has the same
meaning given the hearing authority and, where
the context requires, the term includes the Direc-
tor.
(71) ?Depth? (of property), in reference
to a unit of land, means the horizontal length of a
straight line connecting the midpoints of the front
and rear property lines (see Appendix 1, Figure 2
following this chapter).
(72) ?De novo,?
(a) In reference to an appeal, means
a completely new hearing for a second or more
times, identical in procedure to the initial proceed-
ings, with an opportunity for all parties to present
all testimony and evidence previously accepted
and any new evidence or testimony.
(b)  A de novo hearing (literally
translated means ?from new?) is in contrast to a
?on-the-record? review during which a decision
on a land use case is based solely upon the record
previously established at the initial hearing.
Typically these terms are associated with reviews
brought about by an appeal.
(73) ?Department? means the Linn
County Planning and Building Department.
(74) ?DEQ? means the Oregon Depart-
ment of Environmental Quality.
(75) ?Develop? or ?developing? means
(a)  the act, process, or result of
erecting, reconstructing, structurally altering,
enlarging, partly or wholly demolishing, or mov-
ing a building or certain structures; or
(b) to use, develop, adjust property
lines, partition or subdivide land or create a road
necessary to permit the division of land in any
manner not in compliance with the procedures and
regulations established in this Development Code.
(76) ?Developable unit of land?or
?developable property? means a unit of land
upon which development is authorized because
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the unit of land meets the requirements of this
Land Development Code for development. A
developable unit of land is an authorized unit of
land.
(77) ?Development? means the act,
process or result of developing a unit of land.
(78) ?Development permit? means a
written authorization by Linn County to develop
an authorized unit of land in the unincorporated
areas of Linn County. A development permit may
or may not be a land use decision.
(a) The term includes permits that
are not land use decisions such as building and
EHP permits (see building permits and EHP
permits).
(b)  The term also includes planning
permits that may be land use decisions (see plan-
ning permits).
(c)  Notwithstanding the requirement
herein that a development permit be in writing, a
permit resulting from a Type IA process, as set
forth in LCC Chapter 921 (Land Development
Administration Code), does not have to be in
writing.
(79) ?Director? means the Director of
the Linn County Planning and Building Depart-
ment.
(80) ?Display surface,? in reference to a
sign,
(a) Means the overall dimensions of
all panels capable of displaying messages exclud-
ing the area of supports and frames unless the
support or frame is designed to be part of the
display area.
(b)  If both sides of the sign are
visible and could be used for display, the display
surface shall include both sides of the sign (see
sign).
(81) ?District? or ?zoning district?
means an area of land identified by Linn County
for the purpose of preserving a class of uses
determined to be appropriate for preservation,
continuation, or establishment in that area and for
which Linn County has adopted provisions in the
Comprehensive Plan and the Land Development
Code to allow for or permit, after review, such
uses within the zoning district.
(82) ?Division of State Lands or DSL?
means the Oregon Division of State Lands.
(83) ?DOGAMI? means the Oregon
Department of Geology and Mineral Industries.
(84) ?Double-frontage? (property) in
reference to a unit of land, means a property other
than a corner property with frontage on more than
one road.
(85) ?Driveway? means that part of a
direct vehicular access other than an easement that
is on a unit of land to serve a development. The
term includes dedicated service drives.
(86) ?Dwelling unit? 
(a)  Means one or more habitable
rooms used, intended, or designed to be built,
used, rented, leased, let or hired out to be, occu-
pied, or which are occupied for living purposes
providing complete, independent, separate living
quarters for one or more persons including provi-
sions for living, sleeping, eating, sanitary facili-
ties, and a separate, permanent cooking facility.
(b)  One or more habitable rooms
with any roof, wall or floor in common with any
other dwelling unit may constitute a separate
dwelling unit.
(87) ?Easement? means:
(a)  a right of use over the property
of another,
(b)  in writing and recorded, and
(c)  which is for a specific purpose,
such as an easement across a unit of land for road
access or for utility services (see right-of-way and
utility easement).
(88) ?Easement of record for road
access? means an easement:
(a)  granted for the specific purpose
of providing functional road access from one
authorized unit of land across another authorized
unit or units of land to a public road;
(b)  which conveyed perpetual
access to the authorized unit of land under review;
(c)  not requiring review under an
easement recognition process;
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(d)  recorded before March 22, 1972;
and
(e)  is still in effect as originally
recorded (see right-of-way and road-related
easement).
(89) ?Easement of road access? means
an easement:
(a)  granted for the specific purpose
of providing functional road access from one
authorized unit of land across another authorized
unit or units of land to a public road;
(b)  which conveyed perpetual
access to the authorized unit of land under review;
(c)  recognized by the Board, Com-
mission or Director under an easement recognition
process in effect at that time;
(d)  recorded on or after March 22,
1972; and
(e)  is still in effect as originally
recorded ((see right-of-way and road-related
easement).
(90) ?EHP permit? means a permit
authorized and issued by the Environmental
Health Program for the installation, repair or
alteration of or authorization for an approved
septic system.
(91) ?Environmental Health Program
or ?EHP? means the Linn County Environmental
Health Program. The EHP is a division of the
Linn County Health Department.
(92) ?Ex parte contact? means contact
outside of the formal hearing process between
interested parties and a decision-maker without
notice to, or opportunity to participate in the
contact, by any person adversely interested. Ex
parte contact does not include contacts between
the hearing authority and employees of the Board.
(93) ?Facility for the primary process-
ing of forest products,? means a facility used for
the primary processing of forest products, pro-
vided that such facility is found to not seriously
interfere with accepted farming practices and is
compatible with farm uses described in ORS
215.203 (2). Such a facility may be approved for
a one-year period which is renewable. These
facilities are intended to be only portable or
temporary in nature.
(94) ?Family? means one or more per-
sons occupying a single dwelling unit and using
common housekeeping facilities, provided that,
unless all members are related by blood or mar-
riage, no such family shall contain over five
persons.
(95) ?Family day care provider? means
a person who regularly provides day care for
fewer than 13 children in that person?s home or in
accessory buildings to the home.
(96) ?Farm area? has the same meaning
given the term in LCC 928.607.
(97) ?Farmland,? in reference to land in
an EFU, F/F, or FCM zoning district in Linn
County, means land that is classified, based on its
soil composition, as:
(a)  high-value farmland (type 1) as
described in ORS 215.710 (1). Such land may be
referred to as HVFL-1;
(b)  high-value farmland (type 2 as
described in ORS 215.710 (3). Such land may be
referred to as HVFL-2; or
(c)  non-high-value farmland. Such
land may be referred to as NHVFL.
(98) ?Farm operator? means a person
who operates a farm, doing the work and making
the day-to-day decisions about such things as
planting, harvesting, feeding, and marketing.
(99) ?Farm or ranch operation? means
all units of land in the same ownership that are
used by the farm or ranch operator for farm use as
defined in ORS 215.203.
(100) ?Farmed property? means a unit
of land on which the predominant active use is
farming.
(101) ?Farm-related,? in reference to a
dwelling, means a dwelling customarily provided
in conjunction with farm use.
(102) ?Farm-relative dwelling? means
a dwelling on real property that is described in
ORS 215.283 (1) (e).
(103) ?Farm unit? means the contiguous
and noncontiguous tracts in common ownership
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used by the farm operator for farm use as defined
in ORS 215.203.
(104) ?Farm use?
(a)  Means:
(i)  the on-site establishment or
maintenance of farming equipment and facilities,
and
(ii) the current employment of
land for the primary purpose of obtaining a profit
in money by:
(I)  raising, harvesting and
selling crops;
(II)  feeding, breeding,
managing, selling, or producing livestock, poultry,
rattites (emu, ostrich, kiwi, moa), psittacines
(parrots), fur-bearing animals or honeybees;
(III)  dairying and selling
dairy products;
(IV)  any other agricultural
or horticultural uses;
(V)  animal husbandry; 
(vi) animal grazing; or
(VII)  any combination of
(I) to (V) (see currently employed for farm use
or current employment of land)
(b) The term includes:
(i)  The preparation, storage and
disposal by marketing or otherwise of the products
or by-products raised or produced for human or
animal use on land owned or operated by the
producer.
(ii)  The current employment of
land for the primary purpose of obtaining a profit
in money by stabling, breeding or training equines
including but not limited to providing riding
lessons, training clinics and schooling shows.
(iii)  The propagation, cultiva-
tion, maintenance and harvest of aquatic species
and bird and animal species to the extent allowed
by the rules adopted by the State Fish and Wildlife
Commission.
(iv)  The production of hard-
wood timber, including but not limited to hybrid
cottonwood subject to ORS 321.267 (1) (e) or
321.415 (5).
(v) The on-site construction and
maintenance of equipment and facilities used for
the activities described in subparagraphs (a) and
(b) of this paragraph.
(c)  The term does not include the
use of land for growing trees that is subject to the
taxation requirements of ORS Chapter 321, except
for the use of land to grow cultured
(i) Christmas trees as defined in
ORS 215.203 (3);
(ii)  trees described in ORS
321.267 (1) (e) or 321.415 (5).
(105) ?Farmworker? means any person
who, for an agreed remuneration or rate of pay,
performs temporary or permanent labor for an-
other in the production of farm products or in the
planting, cultivating or harvesting of seasonal
agricultural crops or in the forestation or reforesta-
tion of lands, including but not limited to the
planting, transplanting, tubing, precommercial
thinning and thinning of trees and seedlings, the
clearing, piling and disposal of brush and slash
and other related activities.
(106) ?Farmworker housing? means
housing:
(a)  Limited to occupancy by farm-
workers and their immediate families; and
(b)  No dwelling unit of which is
occupied by a relative of the owner or operator of
the farmworker housing.
(107) ?Farm-zoned property? means a
unit of land located in an EFU or F/F zoning
district that is farmed. The term may include
farmed property.
(108) ?Final decision? or ?final determ-
ination? means a written action of the director or
hearing authority that disposes of a matter decided
or determined by the director or hearing authority.
If the written action is appealable and a timely
appeal is made in compliance with the Land
Development Code, a final decision is the order
made by the appropriate hearing authority.
(109) ?Firearms training facility?
means an indoor or outdoor facility that provides
training courses and issues certification required
for law enforcement personnel; the State Depart-
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ment of Fish and Wildlife; or nationally recog-
nized programs that promote shooting matches,
target shooting and safety. 
(110) ?Fish bearing Type F streams?
means a fish-bearing stream as classified by the
Oregon Board of Forestry pursuant to OAR 629-
635-0200 (4) (a) for fish use or for both fish use
and domestic water use. Type F streams were
formerly designated as fish bearing Class I waters.
(111) ?Flag-lot? means a unit of land
excluding the area of the flag strip that
(a)  except for its flag strip, is sepa-
rated from a road by other units of land; and
(b)  has a long, narrow flag strip, that
reaches to the road (see Appendix 1, Figure 4
following this chapter).
(112) ?Flag strip? means the long,
narrow extension of a unit of land connecting a
property to a road when the property is mostly
separated from the road by other units of land and
which provides an access way from a public road
to a site located behind other properties which
have frontage upon that road (see Appendix 1,
Figure 4 following this chapter).
(113) ?Flooding? means the rise of a
natural stream or other water body to the level at
or above the Intermediate Regional Flood, other-
wise known as the 100-year flood, which periodi-
cally covers an area of land that is not under water
at other times.
(114) ?Flood way? means the channel of
a river and the area adjacent to a river identified
by FEMA that must be reserved in order to dis-
charge the base flood as that term is used in LCC
chapter 950.
(115) ?Floodplain? means a land area
susceptible to flooding from any source, as delin-
eated on the Flood Insurance Rate Maps applica-
ble to Linn County.
(116) ?Forest crop? means unprocessed
forest materials such as trees, cones, and mosses
(see forest product).
(117) ?Forest area? has the same mean-
ing given the term in LCC 928.607.
(118) ?Forested property? means a unit
of land on which the predominant active use is
forestry.
(119) ?Forest homestead? means a
parcel smaller than the minimum parcel size
required in the forest area of an F/F or in the FCM
zoning district that may be permitted if the pro-
posal meets the criteria in LCC 924.720.
(120) ?Forest homestead dwelling?
means a single-family dwelling that may be
permitted on a small forest homestead pursuant to
a partitioning under LCC 924.728.
(121) ?Forest labor camp? means any
building or facility, which is permitted on a tem-
porary basis which is intended to house residents
during management or cultivation activities in
conjunction with a forest resource use, and which
has included within such building or facility a
minimum of one set of kitchen and bathroom
facilities.
(122) ?Forestland? or ?FL?means land
which is used for the growing and harvesting of
forest tree species, as that term is defined in ORS
527.620 (10), regardless of how the land is zoned
or taxed or how any state or local statutes, ordi-
nances, rules, or regulations are applied.
(123) ?Forest product? means a forest
crop grown upon the unit of land contiguous to
the location of a primary processing facility (see
forest crop).
(124) ?Forest-related,?
(a)  In reference to a use or dwelling
generally, means a use or dwelling used in con-
junction with the management of forested prop-
erty.
(b) In reference to dwellings in a
forest area of an F/F zoning district means:
(i)  a forest-resource dwelling;
(ii) an alternative forestland
dwelling;
(iii)  a large tract forestland
dwelling; or
(iv) a pre-85 forestland dwell-
ing.
(125) ?Forest-resource dwelling? means
a dwelling that existed prior to a partitioning
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Distribution Run time: March 26, 2004 (4:08:48pm)
under LCC 924.729 and that, by that partitioning,
becomes known as a forest-resource dwelling.
This dwelling is a type of forest-related dwelling.
(126) ?Forest tree species? has the
definition given the term in ORS 527.620 (10).
(127) ?Forest use? means a use of land
for such purposes as:
(a)  The production of trees and the
processing of forest products and uses accessory
to forest operations;
(b)  Open space, buffers from noise
and visual separation of conflicting uses;
(c)  Watershed protection and pro-
tection of wildlife and fisheries habitat;
(d)  Soil protection from wind and
water;
(e)  Maintenance of clean air and
water; or
(f)  Outdoor recreational activities
and related support services and wilderness values
compatible with these uses.
(128) ?Frontage? (property) in reference
to a unit of land, means that portion of the unit
abutting a public road. The term does not include
that portion of a unit of land that abuts an alley.
(129) ?Frontage road? means a minor
road which is parallel to and adjacent to a public
road and which provides access to abutting prop-
erties while relieving them of the effects of
through-traffic.
(130) ?Front building line? means a line
on a site map which is, parallel to the road right-
of-way, indicating the limit beyond which build-
ings or structures may not be erected. The front
building line is the minimum distance between the
front property line and a permitted building,
excluding any permitted protrusions (see LCC
934.205).
(131) ?Front property line,? in refer-
ence to a unit of land,
(a)  means:
(i)  A line that is the common
boundary between the property and any abutting
public road. A front property line does not include
the line that is the common boundary between the
property and any abutting alley.
(ii)  In reference to an interior
property, the line of the interior property lying
closest to and parallel with the road, other than an
alley. A front property line does not include the
line of the interior property lying closest to and
parallel with any abutting alley.
(b)  The determination of how much
of the property fronts on a road or roads is used to
determine where to apply a front property line
setback. If the road is curved, the front property
line is based on the nature of that curvature as
determined by the County (see Appendix 1, Figure
2 following this chapter).
(132) ?Front yard? means the unoccu-
pied and unobstructed space extending the full
width of the property between a building and the
front property line, and measured perpendicular to
the building line and the closest point of the front
property line (see Appendix 1, Figure 6 following
this chapter).
(133) ?Functional road access? means
the route by which a resident of a dwelling or an
occupant of a structure gains vehicular access to a
public road from a given property on a day-to-day
basis.
(134) ?Geothermal resources? has the
meaning given that term in ORS 522.005. The
term includes the placement and operation of
compressors, separators and other customary
production equipment for an individual well
adjacent to the wellhead.
(135) ?Golf course? means an area of
land with highly-maintained, natural turf laid out
for the game of golf with a series of 9, but not
more than 36 holes, each including a tee, a fair-
way, a putting green and often one or more natural
or artificial hazards consistent with the following:
(a)  A regulation 18-hole golf
course, generally characterized by a site of about
120 to 150 acres of land, having a playable dis-
tance of 5,000 to 7,200 yards and a par of 64 to 73
strokes.
(b)  A regulation 9-hole golf course,
generally characterized by a site of about 65 to 90
acres of land, having a playable distance of 2,500
to 3,600 yards and a par of 32 to 36 strokes, or
920 - 16 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
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(c)  A combination of a 9- and an
18-hole regulation golf course (see non-regula-
tion golf course and OAR 660-033-0130 (20)).
(136) ?Governing body? means the Linn
County Board of Commissioners or its designee.
(137) ?Habitable,? in reference to a
lawfully-established dwelling, means a dwelling
that:
(a)  Has intact exterior walls and
roof structure;
(b)  Has indoor plumbing consisting
of kitchen sink, toilet and bathing facilities con-
nected to a sanitary waste disposal system;
(c)  Has interior wiring for interior
lights; and
(d)  Has a heating system.
(138) ?Half road? means a road having
only a portion of its width provided in one subdi-
vision, with the remainder of its width to be
provided through the subdivision of adjacent
property.
(139) ?Hearing authority? means the
Commission, the Board, or hearings board.
(140) ?Hearings board? means a body
appointed by the Board for the purpose of making
land use decisions between September 2, 1980
and on or about December 1985.
(141) ?High-value farmland? or
?HVFL?
(a)  means farmland in an EFU or
F/F zoning district in Linn County consisting
predominantly of
(i)  one of two of the soil group-
ings; or
(ii)  a combination of soils from
both groups.
(b)  The term includes:
(i) high-value farmland (type 1),
and
(ii) high-value farmland (type
2).
(142) ?High-value farmland (type 1)?
or ?HVFL-1,? has the meaning given the term in
ORS 215.710 (1) and OAR 660-033-0020 (8) (a),
i.e., land in a Willamette Valley tract composed
predominantly of soils that are irrigated or non-
irrigated and inventoried in the Soil Survey of Linn
County Area Oregon as prime, unique, Class I, or
II. In Linn County, these soils include:
Abiqua ........ (1A) Abiqua .......(1B)
Amity ........... (3) Bellpine . . . . . . (9C)
Briedwell . . . . . . (16B) Chapman . . . . . (19)
Chehalis . . . . . . . . (21) Clackamas . . . (23)*
Clackamas var. . . . (24) Cloquato . . . . . . (25)
Coburg ......... (26) Holcomb . . . . . (46)*
Jory...........(51C) Malabon . . . . . . (63)
Malabon var. . . . . (64) McAlpin . . . . . (66B)
McBee ......... (67) Nekia .......(72C)
Newberg........ (73) Pengra . . . . . (77A)*
Salem .......... (87) Salkum . . . . . . (88B)
Santiam . . . . . . . (89B) Saturn var. . . . . (91)
Silverton . . . . . . . (93C)  Wapato . . . . . (99)*
Willakenzie . . . (101C) Willamette . . . (102)
Woodburn . . . . (106A) Woodburn . . . (106C)
*High value only when drained as defined in
NRCS memo to DLCD dated March 17, 1997.
(143) ?High-value farmland (type 2)?
or ?HVFL-2,? has the meaning given the term in
ORS 215.710 (3) and OAR 660-033-0020 (8) (c),
i.e., land in a Willamette Valley tract composed
predominantly of soils that are inventoried in the
Soil Survey of Linn County Area Oregon as Class
III or IV or composed predominantly of a combi-
nation of type-1 high-value soils and the following
soils. In Linn County, these soils include:
Awbrig (7) Bashaw (8)
Bellpine (9D) Bellpine (9E)
Chehalem (20C) Concord (27)
Conser (28) Courtney (29)
Dayton (33) Jory (51D)
Jory (51E) Nekia (72D)
Salkum (88C) Whiteson (100)
Willakenzie (101D) Willakenzie (101E)
(144) ?Historic property? or historic
resource? means property
(a)  currently listed in the National
Register of Historic Places or if the National
Register ceases accepting nominations, the prop-
erty is approved for listing on an Oregon register
of historic places (see ORS 358.480); or
(b)  listed on the Linn County Regis-
ter of Historic Resources and therefore subject to
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the historic resource alteration or demolition
review provisions of this Development Code.
(145) ?Holiday? includes the legal
holidays listed in ORS 187.010 and Saturday.
(146) ?Home occupation? means a
small-scale business activity operated in
conjunction with a residence subject to the home
occupation decision criteria and performance
standards contained in this Development Code.
(147) ?Industrial road?means a road
designed to carry large volumes of truck traffic
and to provide truck access to abutting commer-
cial or industrial properties.
(148) ?Initiate,? in reference to develop-
ment or an authorized use, means at a minimum:
(a)  Purchasing a permit from the
Linn County Environmental Health Program,
installing an approved septic system and receiving
a certificate of satisfactory completion. The
purchase and installation must be completed and
the certificate obtained before the expiration of the
land use permit; or
(b)  Purchasing a permit from the
Linn County Environmental Health Program for
an approved septic system and purchasing a
permit for and satisfactorily completing at least
the foundation of the authorized principal use; or
(c)  When neither a new septic
permit nor a construction permit is required for
the authorized use, the use shall be deemed to
have been initiated when the use has actually
commenced. For example, a conditional use
permit to operate a home occupation has been
initiated when the authorized business is operating
within the allowed limits at the approved location;
or
(d) as may be otherwise determined
by the Director or hearing authority.
(149) ?Insect species? shall not include
any species under quarantine by the State Depart-
ment of Agriculture or the United States Depart-
ment of Agriculture.
(150) ?Instrument airport? means an
airport which has an approach using electronic
aids designed for the purpose of conducting
aircraft operations in instrument meteorological
conditions.
(151) ?Interior? (property), in reference
to a unit of land, means a property with frontage
on only one road.
(152) ?Intervisible turnout? means an
area alongside a road designed to allow vehicles
to pass and so spaced to provide visibility between
the turnouts to users of the road.
(153) ?Irrigated? means watered by an
artificial or controlled means, such as sprinklers,
furrows, ditches, or spreader dikes. An area or
tract is ?irrigated? if it is currently watered, or has
established rights to use water for irrigation,
including such tracts that receive water for irriga-
tion from a water or irrigation district or other
provider. For purposes of LCC 928.300 to
928.636, an area of tract within a water irrigation
district that was once irrigated shall continue to be
considered ?irrigated? even if the irrigation water
was removed or transferred to another tract.
(154) ?Junk? has the meaning as that
term in defined in LCC 532.450.
(155) ?Junkyard? means any place
where there is an accumulation of junk.
(156) ?Kennel? means any premises on
which five or more dogs that are six months or
older are kept, whether by owners of the dogs or
by persons providing facilities and care, whether
or not for compensation.
(a)  The term may include the board-
ing of cats.
(b)  The term does not include the
sites or facilities licensed as kennels under the
Linn County Dog Kennel Code (see LCC Chapter
564 (Dog Kennel Code))
(157) ?Land Conservation And Devel-
opment Commission? or ?LCDC? means the
agency of the State of Oregon responsible for the
administration of the statewide land use planning
program.
(158) ?Land Evaluation and Site As-
sessment? or ?LESA? means the treatise by
Huddleston, Pease et al, 1984, applicable to Linn
County, Oregon.
920 - 18 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
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(159) ?Land division? or ?division of
land? means a dividing of an authorized unit of
land pursuant to LCC Chapter 924 (Partitioning
Code) or LCC Chapter 926 (Subdividing Code).
(160) ?Land-locked? (property) in
reference to a unit of land, means a unit of land,
(a)  Without frontage onto a road,
and
(b) For which an easement of road
access has not been recognized by the Director or
Hearing Authority (see Appendix 1, Figure 5
following this chapter).
(161) ?Land reclamation? means the
restoration of the land to its final use or use recog-
nized by the Development Code.
(162) ?Land Use Board of Appeals? or
?LUBA? means the administrative body which
has the authority to hear appeals of land use
decisions made by the Board.
(163) ?Land use decision?
(a) means a discretionary action that
(i)  is made by the Board,
Commission or Director,
(ii)  is a final decision or a final
determination,
(iii)  is appealable, except as
otherwise provided in ORS Chapter 197, and
(iv)  concerns the adoption,
amendment or application of:
(I)  A statewide land use
planning goal;
(II)  A Comprehensive Plan
provision; or
(III)  A land use regulation.
(b)  The term does not include a
ministerial decision (see legislative land use
decision, ministerial decision and quasi-judicial
land use decision).
(164) ?Large tract forestland dwelling?
means a single-family dwelling established in the
forest area of the F/F or in the FCM zoning dis-
trict pursuant to ORS 215.740.
(165) ?Lawfully created unit of land?
(a)  means a unit of land created
pursuant to a lawful:
(i) partitioning process;
(ii)  subdividing process; or
(iii)  process creating a unit-of-
record, whether by recording a metes and bounds
description on a recorded deed prior to land use
regulations being adopted by Linn County or by
judicial foreclosure.
(b)  The term is used in this Land
Development Code for the sole purpose of deter-
mining whether the unit is an authorized unit of
land or a developable unit of land. A declaration
by the County that a unit of land is a lawfully
created unit of land for this purpose without any
further determination does not mean that the unit
is a developable unit of land. Whether or not a
unit of land is a lawfully created unit of land for
purposes other than determining whether the unit
is a developable unit of land (for example,
whether the unit may be lawfully sold or
conveyed) will not be made by the Director (see
developable unit of land and authorized unit of
land).
(166) ?Lawfully established dwelling?
means a dwelling that was established prior to any
building codes that would apply to the establish-
ment of the dwelling or a dwelling that was
established pursuant to then existing building
codes and land use regulations.
(167) ?Legislative land use decision?
means
(a)  a land use decision adopted as
an ordinance by the Board which
(i)  creates policy and which has
broad application to an entire community or class
of individuals, and
(ii)  prescribes criteria and
standards by which cases arising under the policy
will be decided.
(b)  Examples include the adoption
of or amendment to the Comprehensive Plan or
Land Development Code; simply put, legislative
land use decisions make law.
(168) ?Limited farm use? includes:
(a)  the cultivation and harvesting of
(i) Vines, shrubs, berries, vege-
tables, nursery stock, hay, grains, seed or similar
food or fiber products; or
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(ii)Trees, including those that
qualify as farm use or the propagation or harvest
of forest products.
(b) the marketing of farm products
grown under the limited farm use provisions is
limited to those farm products grown on-site.
(c)  The following animal hus-
bandry:
(i)  On a property of any size,
the hatching and raising of poultry, rabbits, fowl,
rattites (emu, ostrich, kiwi, moa), psittacines
(parrots) and similar small animals.
(ii)  On a property of any size,
one farm animal which is pastured, bred, fed, or
raised for competition purposes.
(iii)  On a property one acre or
larger,
(I)  the raising of honey
bees, and
(II)  the pasturing, feeding,
breeding, or raising of equines, sheep, cattle, goats
or llamas.
(d) The term does not include on-site
processing of farm products, except as otherwise
provided by the Land Development Code.
(169) ?Livestock? means
(a)  equine (horse, pony, mule,
donkey or hinny),
(b)  cattle, llama, sheep, goat, and
(c)  swine,
(d)  domestic fowl, rattite (emu,
ostrich, kiwi, moa), psittacine (parrot), and
(e)  any fur-bearing animal bred and
maintained, commercially or otherwise, within
pens, cages or hutches.
(170) ?Living history museum? means
a facility designed to depict and interpret everyday
life and culture of some specific historic period
using authentic buildings, tools, equipment and
people to simulate past activities and events.
(171) ?Local access road? means a
public road that is not a county road, state high-
way or federal road. Local access roads are dedi-
cated to the public, the ownership of which is
formally accepted by Linn County for access
purposes only, without any responsibility, obliga-
tion or agreement for improvement or mainte-
nance by the County except as otherwise specified
in the formal acceptance by the County.
(172) ?Local distribution line? means
that portion of the distribution of a service (such
as electricity, telephone, natural gas, oil, or geo-
thermal resources) that makes available that
service from the common transmission or distribu-
tion line to the end user. The term includes tap
lines and service hookups.
(173) ?Local historical society? means
the local historical society recognized by the
county governing body and organized under ORS
chapter 65.
(174) ?Lot? means a unit of land that
was created by a subdivision process pursuant to
then existing subdivision laws. A lot may or may
not be a developable unit of land (see authorized
unit of land, developable unit of land, and
Appendix 2 following this Chapter).
(175) ?Lot- or parcel-of-record dwell-
ing? or ?lot-of-record? or ?parcel-of-record?
(a)  As those terms are used in ORS
215.700 to 215.730 or in the rules promulgated to
implement those provisions, means, as the case
may be, one of the following single family resi-
dences or the unit of land upon which one of the
following dwellings may be established:
(i)  Pre-85 HVFL-1 dwelling.
(ii)  Pre-85 HVFL-2 dwelling.
(iii)  Pre-85 non-HVFL dwell-
ing.
(iv)  Pre-85 FL dwelling.
(b)  For a dwelling to be approved
on a lot-of-record or parcel-of-record, the lot-of-
record or parcel-of-record must also meet the
definition of an authorized unit of land and
developable unit of land.
(176) ?Manufactured dwelling? means
(a)  a residential trailer,
(b)  a mobile home, and
(c) a manufactured home.
(177) ?Manufactured dwelling park?
means any place where four or more manufactured
dwellings are located within 500 feet of one
another on a unit of land, or on a tract of land
920 - 20 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
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under the same ownership, the primary purpose of
which is to rent space or keep space for rent to any
person for a charge or fee paid or to be paid for
the rental or use of facilities or to offer space free
in connection with securing the trade or patronage
of such person. A manufactured dwelling park
does not include a lot located within a subdivision
or a parcel within a partition being rented or
leased for occupancy with no more than one
manufactured dwelling authorized unit of land.
(178) ?Manufactured home? means a
structure with a Department of Housing and
Urban Development (HUD) label certifying that
the structure is constructed in accordance with the
National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. subsec-
tion 5401 et seq.), as amended, and was con-
structed for movement on public roads that has
sleeping, cooking and plumbing facilities, that is
intended for human occupancy, and is being used
for residential purposes.
(179) ?Manufactured structure? means
recreational vehicle, manufactured dwelling,
and recreational structure. (ORS 446.003 (28))
(180) ?Map?
(a)  Means a representation of the
whole or part of an area.
(b)  In reference to partitioning or
subdividing land, map means the final plat.
(181) ?Medical hardship dwelling?
means a manufactured dwelling or a conversion of
an existing building pursuant to the Land Devel-
opment Code.
(182) ?Minerals? has the meaning given
that term in ORS 517.750.
(183) ?Mining? means all or any part of
the process of mining by the removal of overbur-
den and the extraction of natural mineral deposits
thereby exposed.
(a)  Mining includes open-pit mining
operations, auger mining operations, processing,
surface impacts of underground mining, produc-
tion of surface mining refuse and the construction
of adjacent or off-site borrow pits except those
created for the construction of access roads.
(b)  Mining does not include:
(i) underground mining; or
(ii)  excavations of sand, gravel,
clay, rock or other similar materials conducted by
a landowner or authorized tenant on the land-
owner?s property for the primary purpose of
reconstruction or maintenance of access roads and
excavation or grading operations conducted in the
process of farming or cemetery operations, on-site
road construction or other on-site construction or
non-surface impacts of underground mines.
(184) ?Ministerial decision? means a
decision made using clear and objective land use
standards, the application of which does not
require interpretation or the exercise of policy or
legal judgment.
(a)  An example of a ministerial
decision is the issuance or denial of a building
permit under clear and objective land use stan-
dards. Such decision is made without providing an
opportunity for a hearing.
(185) ?Minor road? means a road which
is used, or is intended to be used, primarily for
providing access to abutting properties. The
Comprehensive Plan classifies some cul-de-sacs
and frontage roads as minor roads.
(186) ?Mobile home? means a structure
constructed for movement on public roads that has
sleeping, cooking and plumbing facilities, that is
intended for human occupancy, is being used for
residential purposes and was constructed between
January 1, 1962, and June 15, 1976, and met the
construction requirements of Oregon mobile home
law in effect at the time of construction.
(187) ?Model aircraft? means a small-
scale version of an airplane, glider, helicopter,
dirigible, or balloon that is used or intended to be
used for flight and is controlled by radio, lines, or
design by a person on the ground.
(188) ?Mortgage-lot? means an adminis-
trative unit of land, approved by the Department,
for use as collateral to secure financing for a
structure, typically, but not necessarily, a dwelling
and which is treated only for that purpose as if it
were separated from the balance of the property.
Mortgage-lot, when considered separately from
the entire unit of land in which it is located, is an
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Distribution Run time: March 26, 2004 (4:08:48pm)
administrative unit of land. A mortgage-lot,
together with the entire unit in which it located, is
an authorized unit of land.
(189) ?Natural vegetative fringe?
means the naturally-vegetated area that provides
a transition between the water of a river, lake or
naturally-occurring wetland and the most land-
ward edge of this naturally-vegetated area as
determined by aerial photographs on file in the
Department (see Appendix 1, Figure 8 following
this Chapter).
(190) ?Neighborhood or community
organizations,? as that term is used in ORS
197.763 and 215.416, means an organization
recognized by order of the Board following con-
sideration of at least the following factors: nature
of the organization; date organization formed; by-
laws, if any; officers of the organization, if any;
frequency of meetings; date of last meeting;
membership qualifications; method of conducting
meetings and making minutes of such meetings.
Such recognition by the Board is discretionary and
is subject to the continued existence of the organi-
zation.
(191) ?Non-conforming use? means a
lawful use of land which
(a)  existed on the effective date of
the ordinance which rendered the use non-con-
forming and continues to exist, or
(b)  has existed for a period of 20
years immediately preceding the date of an appli-
cation for a nonconforming use review, and
(c)  does not conform to the applica-
ble regulations specified by that ordinance (see
LCC Chapter 936 (Non-conforming Uses and Pre-
existing Uses Code)).
(192) ?Non-farm related dwelling?
means a dwelling that is a:
(a) Class-IV or worse single-family
(b) Class-VI or worse single-family
dwelling.
(193) ?Non-mineral subsurface
resources? includes water.
(194) ?Non-public water system?
means a water system supplying potable water to
less than four dwellings.
(195) ?Non-regulation golf course?
means a golf course-like development that does
not meet the definition of golf course, including
but not limited to executive golf courses, Par 3
golf courses, pitch and putt golf courses, miniature
golf courses and driving ranges.
(196) ?Non-resource-related,? in refer-
ence to a dwelling, means a dwelling not custom-
arily provided in conjunction with farm use, or not
provided in conjunction with forest management.
(197) ?Nursing home? means any home,
place or institution which operates and maintains
facilities providing convalescent or chronic care
for more than 24 hours for two or more ill or
infirm patients not related to the nursing home
administrator or owner by blood or marriage.
(198) ?Oil or gas? has the meaning given
those terms in ORS 520.005. The term includes
the placement and operation of compressors,
separators and other customary production equip-
ment for an individual well adjacent to the well-
head.
(199) ?On-site filming and activities
accessory to on-site filming?
(a)  Includes:
(i)  Filming and site preparation,
construction of sets, staging, makeup and support
services customarily provided for on-site filming.
(ii)  Production of advertise-
ments, documentaries, feature film, television
services and other film productions that rely on
the rural qualities of an exclusive farm use zone in
more than an incidental way.
(b) The term does not include:
(i) Facilities for marketing,
editing and other such activities that are allowed
only as a home occupation; or
(ii)  Construction of new struc-
tures that requires a building permit.
(200) ?Order? means the written action
of the Board to implement a quasi-judicial land
use decision.
(201) ?Ordinance? means the written
action of the Board to adopt an amendment to the
Land Development Code or Comprehensive Plan.
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(202) ?Ordinary high water line?
means the level to which waters ordinarily annu-
ally rise, usually represented by the line of perma-
nent vegetation. In areas without vegetation, this
line may be determined with nearby permanent
vegetation either upstream or downstream, by the
visible collection of woody debris, or by the
location of a high bank extending out of the flood-
plain (see Appendix 1, Figure 8 following this
chapter).
(203) ?Oregon agricultural land use
policy? means open land used for agricultural use
is an efficient means of conserving natural re-
sources that constitute an important physical,
social, aesthetic and economic asset to all the
people of this state, whether living in rural, urban
or metropolitan areas of the state.
(204) ?Overburden? means the soil,
rock and similar materials that lie above natural
deposits of minerals.
(205) ?Owner?
(a)  Means the person who has
ownership of land.
(b)  For purposes of initiating land
use actions or giving notice of land use decisions,
the term also means the contract purchaser of
record of real property.
(206) ?Ownership? means the existence
of legal or equitable title to land.
(207) ?Parcel? means a unit of land that
was created by a partitioning process pursuant to
partitioning laws in existence at the time the
parcel was created. A parcel may or may not be a
developable unit of land (see authorized unit of
land, developable unit of land, and Appendix 2
following this Chapter).
(208) ?Park?means an area on which
one or more of the following uses may be autho-
rized:
(a)  campgrounds: recreational
vehicle sites; tent sites; camper cabins; yurts;
teepees; covered wagons; group shelters; campfire
program areas; camp stores;
(b)  day use areas: picnic shelters,
barbecue areas, swimming areas, open play fields,
play structures;
(c)  recreational trails: walking,
hiking, biking, horse, or motorized off-road
vehicle trails; trail staging areas;
(d)  boating and fishing facilities:
launch ramps and landings, docks, moorage
facilities, small boat storage, boating fuel stations,
fish cleaning stations, boat sewage pumpout
stations;
(e)  amenities related to park use
intended only for park visitors and employees:
laundry facilities; recreation shops; snack;
(f)  support facilities serving only the
park lands wherein the facility is located: water
supply facilities, sewage collection and treatment
facilities, storm water management facilities,
electrical and communication facilities, restrooms
and showers, recycling and trash collection facili-
ties, registration buildings, roads and bridges,
parking areas and walkways;
(g)  park maintenance and manage-
ment facilities located within a park: maintenance
shops and yards, fuel stations for park vehicles,
storage for park equipment and supplies, adminis-
trative offices, staff lodging.
(209) ?Park-and-ride area? has the
meaning as that term is used in Goal 12.
(210) ?Parking area, public? (see
public parking area)
(211) ?Parking space? means a perma-
nently maintained space with proper access for
one, standard-sized automobile as indicated in the
Development Code.
(212) ?Park trailer? means a recre-
ational vehicle built on a single chassis, mounted
on wheels, designed to provide recreational,
seasonal, or temporary living quarters which may
be connected to utilities for operation of installed
fixtures and appliances, and with a gross trailer
area not exceeding 400 square feet when in the
set-up mode. Such a vehicle shall be referred to as
and identified by the manufacturer or converter as
a recreational vehicle (see OAR 918-525-0005
(23) and recreational vehicle).
(213) ?Partition? means
(a)  the act of partitioning land or
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Distribution Run time: March 26, 2004 (4:08:48pm)
(b) the unit of land which has been
so partitioned.
(214) ?Partition land?
(a) Means to divide land into two or
three parcels of land within a calendar year,
(b) The term does not include:
(i)  A division of land resulting
from judicial foreclosure of
(I)  a lien financing the
purchase or improvement of real property,
(II)  a recorded contact for
the sale of real property, or
(III)  the creation of
cemetery-lots; or
(ii)  An adjustment of a property
line by the relocation of a common boundary
where
(I)  an additional unit of
land is not created, and
(II)  the existing unit of
land being reduced in size by the adjustment
complies with applicable Development Code
provisions; or
(iii)  A sale or grant by a person
to a public agency or public body for use as a
public road or other right-of-way purposes pro-
vided that such road or right-of-way complies
with the applicable Plan and Development Code
requirements. Any property divided by the sale or
grant of property described in this sub-subpara-
graph shall continue to be considered a single unit
of land until such time as the property is subdi-
vided or partitioned;
(iv)  A sale or grant by a public
agency or public body of excess property resulting
from the acquisition of land by the state, a politi-
cal subdivision or special district for use as a
public road or other right of way purposes when
the sale or grant is part of a property line adjust-
ment incorporating the excess right of way into
adjacent property; or
(v) The creation of a mortgage-
lot consistent with this Development Code.
(215) ?Partition plat? means a final map
and other writing containing all the exterior
boundary descriptions, locations, specifications,
provisions and information concerning a partition.
(216) ?Party,? in a proceeding involving
a land use decision, means
(a)  the applicant,
(b)  all owners or contract pur-
chasers-of-record of the property subject to the
application, and
(c)  any person who makes an ap-
pearance in a proceeding for a land use decision
(see appearance).
(217) ?Pedestrian way? A right-of-way
for pedestrian traffic.
(218) ?Person? means an individual,
including heirs, executors, administrators or
assigns; a firm, partnership, association, domestic
or foreign corporation, its heirs, successors or
assigns; or any political subdivision, agency,
board or bureau of the state or federal govern-
ment; or the authorized agent of any of the above.
(219) ?Personal-use airport?
(a)  means an airstrip restricted,
except for aircraft emergencies, to use by the
owner, and, on an infrequent and occasional basis,
by invited guests, and by commercial aviation
activities in connection with agricultural opera-
tions. It is a private as opposed to a public airport.
(b)  The term includes helicopter
pads, including associated hangar, maintenance
and service facilities.
(c)  Exceptions to the activities
permitted under this definition may be granted
through waiver action by the Department of
Transportation in specific instances (see ORS
215.283 (2) (g)).
(220) ?Planning permit? include per-
mits authorized and issued by the Director or
hearing authority for, but not limited to the fol-
lowing property developments:
(a)  conditional use permit;
(b)  variance;
(c)  easement recognition;
(d)  partition without recognized
road access;
(e)  subdivision; or
920 - 24 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
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(f)  property line adjustments requir-
ing discretion.
(221) ?Planted vineyard? means one or
more vineyards totaling 40 acres or more that are
planted as of the date the application for batching
and blending is filed.
(222) ?Plat? means the map, diagram,
replat and other writing containing the description,
location, specifications, dedications, provisions
and all other requirements pursuant to the Devel-
opment Code regulating subdivisions or partitions
within the unincorporated areas of Linn County.
(223) ?Pre-85 forestland dwelling? or
?pre-85 FL dwelling? means a single-family
dwelling established pursuant to ORS 215.705 (1)
(a) to (c), and (e) to (g), and 215.720.
(224) ?Pre-85 high-value farmland
(type 1) dwelling? or ?pre-85 HVFL-1 dwell-
ing? means a single-family dwelling established
pursuant to ORS 215.705 (1) (a) to (d), (f) and (g),
and (2).
(225) ?Pre-85 high-value farmland
(type 2) dwelling? or ?pre-85 HVFL-2 dwell-
ing? means a single-family dwelling established
pursuant to ORS 215.705 (1) (a) to (d), (f) and (g),
and (3).
(226) ?Pre-85 non-high-value farmland
dwelling? or ?pre-85 non-HVFL dwelling? or
?pre-85-NHVFL dwelling? means a single-
family dwelling established pursuant to ORS
215.705 (1) (a) to (d), (f) and (g).
(227) ?Pre-85 single-family dwelling?
(a)  means a single family dwelling
proposed on an authorized unit of land in the
Rural Resource Zone that complies with
(i)  ORS 215.705 (1) (a) to (d),
(f) and (g) [in EFU or the farm area of the F/F
zoning district], or
(ii)  ORS 215.705 (1) (a) to (c)
and (e) to (g) [in forest area of the F/F zoning
district].
(b)  The term includes the following
pre-85 single-family residences in the farm area of
the F/F or in the EFU zoning district:
(i) a pre-85 non-high-value
farmland single-family dwelling;
(ii) a pre-85 high-value farm-
land (type 1) single-family dwelling; and
(iii) a pre-85 high-value farm-
land (type 2) single-family dwelling.
(c)  The term includes the following
pre-85 single-family residence in the forest area of
the F/F: a pre-85 forestland dwelling.
(d)  The term includes terms for-
merly used in this Development Code such as ?lot
of record dwelling,? ?lot or parcel of record dwell-
ing,? and certain statutory terms used in, for
example, ORS 215.705.
(228) ?Predominantly? means
(a)  more than 50%. when compar-
ing two variables, or
(b)  the greatest quantity if more
than two variables are compared.
(229) ?Pre-existing use? means
(a)  any lawful use of land, and
(b)  which existed prior to that use
becoming a conditional use by county land use
regulation, and
(c)  which is now a conditional use
under the current zoning district, and 
(d)  which has not been reviewed
and approved (see LCC Chapter 936 (Non-con-
forming Uses and Pre-existing Uses Code)).
(230) ?Primary timber processing?
means the placement of portable barkers, portable
chippers, portable stud mills, or other similar
methods for initial treatment of a forest product in
order to enable its shipment to market (see forest
product).
(231) ?Principal building? means a
building within which is conducted the principal
use permitted on the property as provided by this
Development Code.
(232) ?Principal farm dwelling? means
a dwelling that meets one of the requirements of
OAR 660-033-0135.
(233) ?Principal sign? means the sign
that is the only sign on the premises or if there is
more than one sign on the premises then the
determination of the principal sign is based on the
following factors: size, illumination, visibility,
cost, and content.
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(234) ?Principal use? means
(a)  the use for which the zoning
district is intended, i.e., farming in a farm zoning
district, or a residence in a residential zoning
district, or a forest operation or practice in the
forest area of the F/F or of the FCM zoning dis-
trict.
(b) the use allowed or permitted in
the zoning district.
(235) ?Private airport? (see personal
use airport).
(236) ?Property,? when used in the Land
Development Code, where criteria or standards
are set forth and where such criteria and standards
are required to be met, has the same meaning
given authorized unit of land.
(237) ?Property line adjustment?
means the adjustment of a property line by the
relocation of a common boundary where an
additional unit of land is not created and where
the existing unit of land being reduced in size by
the adjustment complies with applicable Develop-
ment Code provisions.
(238) ?Protected mineral or aggregate
site? or ?protected mineral site? or ?protected
aggregate site?
(a)  Means a mineral or aggregate
resource that has been placed on one of the fol-
lowing Comprehensive Plan inventories: Appen-
dices 3, 5, 6, and 8.
(b)  The term also includes sites on
Appendices 4 and 10 for which a development
permit has been issued pursuant to LCC 932.200
to 932.299.
(239) ?Public and semi-public build-
ings and uses? means a building or use owned or
operated by a government agency or a public
utility. Such buildings and uses include: meeting
halls, fire stations, utility substations, parks,
playgrounds or community centers.
(240) ?Public parking area? means
(a)  Privately-owned or publicly-
owned property, other than roads or alleys, on
which parking spaces are defined, designated or
otherwise identified for use by the general public,
either free or for remuneration.
(b)  Public parking areas may in-
clude parking areas which may be required by this
Development Code for customers, patrons and
clients and those park-and-ride areas permitted by
accessory transportation improvements.
(241) ?Public road? means a road over
which the public has a right of use that is a matter
of public record.
(242) ?Public service? means a service
that is made available to the general public with or
without cost to the recipient.
(243) ?Public use airport? means a
public airport open to use by the flying public.
(244) ?Public water system? means a
water system supplying potable water to four or
more dwellings.
(245) ?Quasi-judicial land use deci-
sion? means
(a)  a discretionary land use deci-
sion, subject to appeal, involving the application
of specified criteria, including the exercise of
policy or legal judgment to a specific individual or
property or to a small, identifiable group of indi-
viduals or properties (see land use decision).
(b)  Examples include zoning district
changes, conditional uses and variances; simply
put, it is to apply law.
(246) ?Rear property line,? in reference
to a unit of land,
(a)  Means the property line most
distant from the front property line.
(b)  In the case of triangular, trape-
zoidal or other irregularly-shaped property, the
term, qualified by the word ?artificial,? means a
line at least 10 feet long which is drawn more or
less parallel to the front property line (see Appen-
dix 1, Figure 2 following this chapter).
(247) ?Rear yard? means the unoccu-
pied and unobstructed space
(a)  from the ground upward, except
as otherwise provided, and
(b)  extending the full width of the
property between a building and the rear property
line, and measured perpendicular to the building
line and the closest point of the rear property line
(see Appendix 1, Figure 6 following this chapter).
920 - 26 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
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(248) ?Record,?
(a) As a verb means
(i)  submitting a document to,
and having that document accepted by the Clerk?s
Office for the purpose of placing that document,
or copies thereof, in official public evidence, or
(ii)  submitting an instrument
conveying or contracting to convey interest in real
property to, and having that document accepted by
the Clerk?s Office for the purpose of placing that
document, or copies thereof, in the land records.
Such recording before August 1, 1970, is indexed
by book and page; after that date, by microfilm
number.
(b)  As a noun, means all of the
information, evidence and exhibits presented in
writing or orally to and accepted by the hearing
authority at a land use hearing.
(249) ?Recreational facilities? or
?recreation uses? means buildings, structures and
uses owned or operated by a semi-public or
private organization and includes fishing camps,
hunting preserves, parks, recreational vehicle
parks, playgrounds or similar activities.
(250) ?Recreational structure? means
a campground structure with or without plumbing,
heating, or cooking facilities intended to be used
by any particular occupant on a limited-time basis
for recreational, seasonal, emergency, or transi-
tional housing purposes and may include yurts,
cabins, fabric structures, or similar structures as
further defined, by rule, by the director.
(251) ?Recreational vehicle? means a
vehicle with or without motive power, which is
designed for human occupancy and to be used
temporarily for recreational, seasonal or emer-
gency purposes and specifically includes camping
trailers, camping vehicles, motor homes, park
trailers, bus conversions, van conversions, tent
trailers, travel trailers, truck campers, combination
vehicles which include a recreational vehicle use
and any vehicle converted for use or partial use as
a recreational vehicle (see ORS 446.003 (36),
OAR 918-525-0005 (29), and park trailer).
(252) ?Recycling facility?
(a)  means equipment used by a
trade or business solely for recycling: and in-
cludes:
(i)  Equipment used solely for
hauling and refining used oil;
(ii)  New vehicles or modifica-
tions to existing vehicles used solely to transport
used recyclable materials that cannot be used
further in their present form or location such as
glass, metal, paper, aluminum, rubber and plastic;
(iii)  Trailers, racks or bins that
are used for hauling used recyclable materials and
are added to or attached to existing waste collec-
tion vehicles; and
(iv)  Any equipment used solely
for processing recyclable materials such as bailers,
flatteners, crushers, separators and scales.
(b)  But not including equipment
used for transporting or processing scrap materials
that are recycled as a part of the normal operation
of a trade or business as defined by the adminis-
trator.
(253) ?Replat? includes a final map,
diagram, drawing of the reconfiguration of lots,
parcels, and easements of a recorded subdivision
or partition plat, and other writings containing all
the descriptions, location, specifications, dedica-
tions, and provisions and information concerning
a recorded subdivision or partition.
(254)?Requirement? means
(a)  if, in reference to a limitation
imposed on a permit that is not subject to appeal,
that limitation. A requirement may be a property
development standard or a performance standard.
A requirement may be a prerequisite to other
requirements each of which must be satisfied as
and in the order imposed by the permit before the
principal use will be allowed (see standard), or
(b) if, in reference to a provision of
the Linn County Code or other law requiring
satisfaction or compliance, that provision.
(255) ?Residential home? means
(a)  One of the following establish-
ments licensed or registered by the appropriate
authority pursuant to state statute, that depending
upon its license or registration, may provide
(Latest rev. February 25, 2004) LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS 920 - 27
Distribution Run time: March 26, 2004 (4:08:48pm)
residential care alone or in conjunction with
treatment or training or a combination thereof for
five or fewer individuals who need not be related.
(i)  A residential treatment
home under ORS 443.400 to 443.825;
(ii)  A residential training home
under ORS 443.400 to 443.825;
(iii)  An adult foster home under
ORS 443.705 to 443.825; or
(iv)  A residential facility under
ORS 443.480 to 443.500.
(b)  Staff persons required to meet
licensing requirements shall not be counted in the
number of facility residents, and need not be
related to each other or to any resident of the
residential home.
(256) ?Residential trailer? means a
structure constructed for movement on public
roads, that has sleeping, cooking and plumbing
facilities, that is intended for human occupancy, is
being used for residential purposes and was
constructed before January 1, 1962.
(257) ?Resource-related,? in reference
to a property or a dwelling,
(a)  Means a unit of land or a dwell-
ing located in an EFU, F/F, or FCM zoning dis-
trict that is principally related to a farm or forest
use.
(b) The term includes:
(i) farm-related property and
dwellings, or
(ii) forest-related property and
dwellings.
(258) ?Right-of-way?
(a) Means the area between bound-
ary lines of a road or other easement of road
access. Right-of-way is not limited to the surfaced
width of the road.
(b)  The term includes:
(i)   a reservation by the devel-
oper for a road right-of-way not yet dedicated;
(ii) an easement for road access,
easement of record for road access, a service,
utility, pedestrian, or conservation easement (see
easement of record road access, road-related
easement, and utility easement)
(iii)  Road dedications.
(iv) Rights-of way held in fee
title by or dedications to a governmental body.
(259) ?Riparian habitat? means the
bank and natural vegetative fringe adjacent to any
perennial or intermittent stream, lake, or naturally-
occurring pond, or wetland. Sensitive riparian
habitats that require setback standards are invento-
ried in the Comprehensive Plan (see Appendix 1,
Figure 8 following this chapter).
(260) ?Road?
(a)  Means the entire right-of-way of
any public or private way that provides ingress to
or egress from property by means of vehicles or
other means or that provides travel between places
by means of vehicles.
(b)  Road includes but is not limited
to:
(i)  Ways described as streets,
roads, drives, highways, throughways or alleys;
(ii)  Road-related structures that
are in the right-of-way such as tunnels, culverts or
similar structures; and
(iii)  Structures that provide for
continuity of the right-of-way such as bridges.
(c) The term does not include a
private way created to provide ingress or egress to
land used solely in conjunction with forestry, non-
commercial mining, or agricultural purposes or
any combination thereof when such land does not
contain a dwelling.
(261) ?Roadway? means that portion of
the road right-of-way that is designed for vehicu-
lar travel.
(262) ?Road-related easement? includes
both easements of record of road access and
easements of road access.
(263) ?Room and board? means the
provision of lodging, with or without meals, for
compensation for five or fewer unrelated persons
in an existing dwelling. The term does not include
homes for the aged, nursing homes or group-care
homes.
(264) ?Rural development-zoned,? in
reference to property, means property that is
located in one of the nine zoning districts (AB,
920 - 28 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
Run time: March 26, 2004 (4:08:48pm) Distribution
FIC, HI, LI, RCM, RCT, RR, UD-I, or UD-II) in
the Rural Development Zone.
(265) ?Rural resource-zoned,? in
reference to property, means property that is
located in one of the four zoning districts (EFU,
F/F, or FCM) in the Rural Resource Zone.
(266) ?Salvage yard? has the meaning
given the term recycling facility.
(267) ?School? means
(a)  a building established primarily
for private or public education intended to provide
instruction, or training on a regular basis, or
(b) a building in which such educat-
ion is primarily conducted which may include
classrooms, laboratories, day-care, or other similar
facilities.
(268) ?Secondary use? (see accessory
use).
(269) ?Septic system? (see approved
septic system).
(270) ?Series partition? means a series
of partitions of land resulting in the creation of
four or more parcels over a period of more than
one calendar year.
(271) ?Service station? means a place
selling motor fuel and oil for motor vehicles,
servicing batteries, furnishing repair and service,
excluding painting, body work, steam cleaning,
tire recapping and mechanical car washing, which
necessitates equipment to wash more than one car
at a time.
(272) ?Side property line,? in reference
to a unit of land means one or more property lines
which are not a front or rear property line (see
Appendix 1, Figure 2 following this chapter).
(273) ?Sidewalk? means a pedestrian
way with concrete surfacing or similar permanent
surfacing. (see pedestrian way).
(274) ?Side yard? means the unoccupied
and unobstructed space
(a)  from the ground upward, except
as otherwise permitted,
(b)  extending from the front yard to
the rear yard between the building and the side
property line measured perpendicular to the
building line and the closest point of the side
property line (see Appendix 1, Figure 6 following
this chapter).
(275) ?Sign?
(a) Means any visual presentation
designed, used or intended for advertising pur-
poses or to inform or attract the attention of the
public.
(b)  The term includes the sign?s
structure, display surface and all other component
parts of a sign (see display surface), such things
as a display, message, emblem, device, figure,
painting, drawing, placard, poster, billboard or
other object.
(c)  The term shall not include the
flag or emblem of a nation or government unit,
except that such emblems shall conform to illumi-
nation standards set forth in this Development
Code.
(276) ?Single-family dwelling? means a
building containing only one dwelling unit having
one roof, one front door, one power meter and one
address. The term includes, but is not limited to,
a manufactured dwelling or site-built home. For
purposes of LCC 932.860 to 932.895 (Medical
Hardship Manufactured Dwellings) only, the term
includes a park trailer (see LCC 920.100).
(277) ?Single ownership? means a
person or group of persons who either singularly
or jointly own one or more contiguous units of
land.
(278) ?Size? (of property), in reference to
a unit of land,
(a)  Means the total horizontal area
within the property lines of the unit, exclusive of
any public roads and of the area within a flag strip
providing access to the unit.
(b)  When an authorized unit of land
has been reduced in size because the right-of-way
of an existing public road has been widened or
because a new public road has been created, the
area lost may continue to be included in the size
of the unit of land for purposes of meeting mini-
mum size standards.
(c)  A description of a unit of land
that includes a right-of way for a public road
where no grant under subparagraph (b) of this
(Latest rev. February 25, 2004) LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS 920 - 29
Distribution Run time: March 26, 2004 (4:08:48pm)
paragraph has been made, the area of the property
shall not include the right-of-way of that road.
(279) Soil Survey of Linn County Area
Oregon, about 1987, GPO #82427, United States
Department of Agriculture, Natural Resource
Conservation Service (NRCS) (formerly Soil
Conservation Service (SCS) (hereafter referred to
as the Soil Survey). The term also includes all
maps prepared by the SCS and used by the Plan-
ning and Building Department prior to the publi-
cation date.
(280) ?Solid waste?
(a) Means all organic and inorganic
wastes, including but not limited to garbage,
rubbish, refuse, ashes, waste paper and cardboard;
sewage sludge, septic tank and cesspool pumpings
or other sludge; commercial, industrial, demoli-
tion and construction wastes; discarded or aban-
doned vehicles or their parts; discarded home and
industrial appliances; manure, vegetable or animal
solid and semi-solid wastes, dead animals and
other wastes;
(b)  The term does not include:
(i)  Hazardous wastes as defined
in state statute; or
(ii)  Materials used for fertilizer
or for other productive purposes when such
materials are applied to land in farm use and when
the Department of Environmental Quality desig-
nates the application to be a beneficial use.
(281) ?Solid waste disposal site? means
land and facilities used for the disposal of, han-
dling or transfer of, or resource recovery from
solid wastes.
(a)  The term includes, but is not
limited to dumps, landfills, sludge lagoons, sludge
treatment facilities, disposal sites for septic tank
pumping or cesspool cleaning service, transfer
stations, resource-recovery facilities, incinerators
for solid waste delivered by the public or by a
solid waste collection service, and composting
plants.
(b)  The term does not include
(i)  a waste treatment facility
subject to the permit requirements of ORS
468B.050;
(ii)  a landfill site which is used
by the owner or person in control of the premises
to dispose of soil, rock, concrete or other similar
nondecomposable material, unless the site is used
by the public either directly or through a solid
waste collection service; or
(iii)  a site licensed to buy, sell
or deal in the wrecking, dismantling, disassem-
bling and offering for sale of used components of
vehicles required to be licensed in Oregon.
(282) ?Split-zoned,? in reference to
property, means that the property is bisected by a
boundary that is common to two or more zoning
districts. For example an authorized unit of land
having one part in a zoning district designated
EFU and the remainder in a zoning district desig-
nated RR, is a split-zoned property.
(283) ?Staging area? means the tempo-
rary use of land for the crushing, stockpiling, or
processing of aggregate products used in the
maintenance or construction of public roads.
(284)?Standard,? means a level or
degree of quality or quantity that is proper and
sufficient for some specific purpose, and
(a)  In reference to a land use deci-
sion, the term means a prerequisite to a decision.
Decision standards are used in deciding both
ministerial and discretionary land use proposals.
(i)  Ministerial decisions are not
subject to appeal.
(ii)  Discretionary decisions are
subject to appeal.
(b)  A decision standard is referred
to as a decision criterion in the Land Development
Code (see criterion); or
(c)  In reference to property develop-
ment, the term means a limitation, imposed on a
permit, relating to the development of the pro-
posal that has been approved. That part of a
decision that is based on a property development
standard is ministerial and is not subject to appeal.
A condition may also be imposed on a develop-
ment permit to insure conformance with such
standards. Any deviation from a property develop-
ment standard must be first approved by the
Director or hearing authority (see requirement);
920 - 30 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
Run time: March 26, 2004 (4:08:48pm) Distribution
(d)  In reference to performance, the
term means a requirement of operation and main-
tenance of an approved use. That part of a deci-
sion that is based on a performance standard is
ministerial and is not subject to appeal. Variances
from a performance standard may be allowed,
except for the following uses: a home occupation,
a medical hardship manufactured dwelling, and a
kennel (see requirement).
(285) ?Standing? means appearing in a
land use proceeding for which an appeal may be
made pursuant to the Development Code.
(286) ?Stream? includes reservoirs
formed by the damming of a stream.
(287) ?Street? means a public road that
is usually under municipal jurisdiction. A street
may lie within an urban growth area in which case
it may be a county road or local access road.
(288) ?Stubbed road? means a road
having only one outlet for vehicular traffic and
which may be extended or continued to serve
future subdivisions or development on adjacent
lands and, in the interim, may require that the
stubbed road be terminated in a cul-de-sac.
(289) ?Structure? means anything built
or erected above or below ground.
(290) ?Subdivide land? means to divide
land into four or more lots within a calendar year.
(291) ?Subdivider? means any person
who undertakes the subdivision of land for the
purpose of transferring ownership or development
at any time, whether immediate or future.
(292) ?Subdivision? means either
(a)  an act of subdividing land or
(b)  an area of land which has been
subdivided.
(293) ?Subdivision plat? means a final
map and other writing containing all the exterior
boundary descriptions, locations, specifications,
dedications, provisions and information concern-
ing a subdivision.
(294) ?Surface mining refuse?
means all waste materials, soil, rock, mineral,
liquid, vegetation and other materials resulting
from or displaced by surface mining operations
within the operating permit area, including all
waste materials deposited in or upon lands within
such operating permit area.
(295) ?Surface impacts of under-
ground mining? means all waste materials pro-
duced by underground mining and placed upon
the surface including, but not limited to, waste
dumps, mill tailings, washing plant fines, and all
surface subsidence related to underground mining.
(296) ?Surveyor? means a land surveyor
who is registered in Oregon and holds a valid
certificate to practice land surveying as provided
by Oregon statute.
(297) ?Tax-lot?
(a)  Means an area of land mapped
by the County Assessor as a unit for taxing pur-
poses;
(b)  A tax-lot is an administrative
unit of land. The boundaries of a tax-lot are not
necessarily identical to the boundaries of an
authorized unit of land.
(298) ?Temporary? unless otherwise
specified, means a period not to exceed six
months.
(299) ?Tract? means one or more contig-
uous authorized units of land under a single
ownership. The definition provided in ORS
215.010 (2) is interpreted to mean the same thing
as the definition of the term given in this para-
graph.
(300) ?Transportation facility? means
any physical facility that moves or assists in the
movement of people or goods including facilities
identified in OAR 660-012-0020 but excluding
electricity, sewage and water systems.
(301)?Transportation improvements?
(a) Mean transportation improve-
ments on rural lands that provide safe and effi-
cient access to the use for which it is related.
(b) The term includes:
(i)  accessory transportation
improvements that are allowed or conditionally
permitted in the EFU, F/F, or FCM zoning dis-
tricts;
(ii)  transportation improve-
ments that are allowed or conditionally permitted
in the EFU, F/F, or FCM zoning districts;
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Distribution Run time: March 26, 2004 (4:08:48pm)
(iii)  Channelization (as that
term is defined in OAR 660-012-0065 (2) (e);
(iv)  Realignment (as that term
is defined in OAR 660-012-0065 (2) (f)) of exist-
ing roads;
(v)  Replacement of an intersec-
tion with an interchange;
(vi)  Continuous median turn
lane;
(vii)  New access roads and
collectors (as those two terms are defined in OAR
660-012-0065 (2) and (b)) within a built or com-
mitted exception area, or in other areas where the
function of the road is to reduce local access to or
local traffic on a state highway. These roads shall
be limited to two travel lanes. Private access and
intersections shall be limited to rural needs or to
provide adequate emergency access.
(viii)  Bikeways, footpaths and
recreation trails not otherwise allowed as a modi-
fication or part of an existing road;
(ix)  Park-and-ride areas;
(x)  Railroad mainlines and
branchlines;
(xi)  Pipelines;
(xii)  Navigation channels;
(xiii)  Replacement of docks
and other facilities without significantly increas-
ing the capacity of those facilities;
(xiv)  Expansions or alterations
of public use airports that do not permit service to
a larger class of airplanes; and
(xv)  Transportation facilities,
services and improvements other than those listed
in the Land Development Code that serve local
travel needs. The travel capacity and level of
service of facilities and improvements serving
local travel needs shall be limited to that neces-
sary to support rural land uses identified in the
Comprehensive Plan or to provide adequate
emergency access.
(302) ?Transportation service? means
a service for moving people and goods, such as
intercity bus service and passenger rail service.
(303) ?Travel trailer? (see recreational
vehicle).
(304) ?Underground mining? means all
human-made excavations below the surface of the
ground through shafts or adits for the purpose of
exploring for, developing or producing valuable
minerals.
(305)  ?Unit of land? means an area of
land, the boundaries of which determines owner-
ship or some administrative division and is either
an
(a)  authorized unit of land;
(b) administrative unit of land, or
(c) unit of land created by a process
not approved by this Development Code.
(306) ?Unit-of-record?
(a)  Means a unit of land:
(i)  described by metes and
bounds on a deed recorded in the land records of
Linn County prior to September 2, 1980; or
(ii)  a unit of land created by a
judicial judgment.
(b) A unit-of-record may or may not
be a developable unit of land (see authorized unit
of land, developable unit of land, and Appendix
2 following this Chapter).
(c)  The term does not include a lot
or parcel.
(307) ?Use,? as a noun, means the pur-
pose for which land is occupied or employed. The
term includes structures that support the use of the
land.
(308) ?Utility easement? means an
easement granted for the purpose of providing
access to or across the property of another for
utility services. The term does not include road-
related easements.
(309) ?Utility facility?
(a)  means any major structures:
(i)  owned or operated by
(ii)  a public, private, or
cooperative electric, fuel, communications, sew-
age, or water company
(iii)  for the
(I)  generation, transmis-
sion, distribution, or processing of its products, or
(II)  disposal of cooling
water, waste, or by-products.
920 - 32 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
Run time: March 26, 2004 (4:08:48pm) Distribution
(b)  The term includes power trans-
mission lines, major trunk pipelines, power sub-
stations, fire substations, water towers, sewage
lagoons, and similar facilities.
(c)  The term excludes hydroelectric
facilities, local sewer, water, gas, telephone, and
power distribution lines, and similar minor facili-
ties allowed in any zone.
(310) ?Vehicles? means any device in,
upon, or by which any person or property is or
may be transported, or drawn upon a public road,
and includes vehicles that are propelled or pow-
ered by any means excluding human power.
(311) ?Veterinarian? means a veterinar-
ian licensed by the Oregon State Veterinary
Medical Examining Board pursuant to OAR 333,
Divisions 100 through 120.
(312) ?Veterinary clinic? means a
business establishment including any separate
boarding facilities in which veterinary services are
rendered by a veterinarian to small domestic pets,
equine or farm animals on either an out-patient
basis or through overnight boarding.
(313) ?Vision clearance area? means a
three dimensional area (usually triangular) at a
road corner or intersection the purpose of which is
to provide an unobstructed vision to traffic and
pedestrians that
(a) is located at the corner of a
corner property nearest the road corner or intersec-
tion, and
(b)  is defined by a line drawn across
the corner of the corner property, referred to a the
base line, whose ends terminate
(i) on a property that has a road
forming an angle, at the road rights-of-way and
having two sides which are the portions of the two
front property lines that meet at the corner. These
two lines shall be referred to as the vision clear-
ance lines. The vision clearance lines shall be
located on the right-of-way boundary at an equal
and specified distance from the corner, or
(ii) on a property that has a road
forming a curve, at the road right-of-way and
having two sides which are the portions of the two
front property lines that meet at the corner. These
two lines shall be referred to as  the vision clear-
ance lines. The vision clearance lines shall be
located on the right-of-way boundary at an equal
and specified distance from the corner (see Ap-
pendix 1, Figure 7 following this chapter).
(314) ?Visual airport? means an airport
intended solely for the operation of aircraft using
a visual approach procedure.
(315) ?Water-dependent? means a use
or facility which can be carried out only on, in, or
adjacent to water areas because the use requires
access to the water body for waterborne transpor-
tation, recreation, energy production or source of
water.
(316) ?Water-related?
(a) Means a use or facility which is
not dependent upon direct access to a water body
but which provides goods or services that are
directly associated with water-dependent or
waterway uses, and which, if not located adjacent
to water, would result in a loss of quality in the
goods or services offered.
(b)  Except as necessary for water-
dependent or water-related uses or facilities,
residences, parking areas, spoil and dump sites,
roads, restaurants, businesses, and factories are
not generally considered dependent on or related
to water location needs.
(317) ?Water system? means a supply of
potable water to a development. The term includes
a public water system and a non-public water
system.
(318) ?Width? (of property), in reference
to a unit of land, means the horizontal distance
between the side property lines, measured perpen-
dicular to the depth line at a point midway along
the property depth line (see Appendix 1, Figure 2
following this chapter).
(319) ?Willamette Valley,? in reference
to high-value and non-high-value farmlands,
means Linn County.
(320) ?Wrecking yard? means any place
used for the storage, dismantling or sale of either
used motor vehicles, trailers, machinery, or build-
ing materials, or parts thereof.
(Latest rev. February 25, 2004) LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS 920 - 33
Distribution Run time: March 26, 2004 (4:08:48pm)
(321) ?Yard? (see front yard, rear
yard, and side yard).
(322) ?Youth camp? means a facility
either owned or leased, and operated by a state or
local government, or a nonprofit corporation as
defined under ORS 65.001, to provide an outdoor
recreational and educational experience primarily
for the benefit of persons twenty-one (21) years of
age and younger. Youth camps do not include any
manner of juvenile detention center or juvenile
detention facility.
(323) ?Yurt? means a round, domed
shelter of cloth or canvas on a collapsible frame
with no plumbing, sewage disposal hookup or
internal cooking appliance.
(324) ?Zone? means an area of land
identified by Linn County for the purpose of
preserving a class of uses determined to be appro-
priate for preservation, continuation, or establish-
ment in that area and for which Linn County has
adopted provisions in the Comprehensive Plan
and the Land Development Code to allow for or
permit, after review, such uses within the zoning
district. The term also means a group of related
zoning districts, such as the Rural Resource Zone
and the Rural Development Zone.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?1 eff
6/30/99; amd 99-156 ?2 eff 6/30/99;amd 02-313 ?1 eff 8/21/02; amd 02-433 ?1
eff 11/2/02; amd 04-050 ?1 eff 02/25/04
920.200 Terms having legal meaning for pur-
poses of administering the Land
Development Code but which may not
be used in the Code
(A)  The terms set forth in subsection (B) of
this section have a legal meaning and significance
for purposes of administering the Land Develop-
ment Code but may not be used in the Develop-
ment Code. The Director may rely on the use and
application of such terms in the administration
and application of the Development Code.
(B)  Administrative terms.
(1) ?Abandoned well? means a well that
has been properly plugged and sealed under the
regulations, and to the satisfaction of, the Depart-
ment of Geology and Mineral Industry
(DOGAMI).
(2) ?Bed and breakfast? means a busi-
ness offering temporary, commercial lodging with
or without meals in the residence of the owner of
the business, after having met the criteria and been
approved for a home occupation. To keep the
scale and intensity of the use consistent with that
intended for home occupations, the number of
bedrooms available for the business shall not
exceed six.
(3) ?Boarding house? or ?rooming
house? means a building where lodging, with or
without meals, is provided for compensation but
shall not include homes for the aged, nursing
homes or group-care homes.
(4) ?Cellar? means that portion of a
building between floor and ceiling, which is
wholly or partly below grade and located so that
the vertical distance from grade to the floor below
is equal to or greater than the vertical distance
from grade to ceiling.
(5) ?Daylight basement? means that
portion of a building between floor and ceiling,
which is partly below and partly above grade,
located so that the vertical distance from grade to
the floor below is less than the vertical distance
from grade to ceiling.
(6) ?Department of Land Conservation
and Development? or ?DLCD? means the staff
of the Land Conservation and Development
Commission of the State of Oregon.
(7) ?Disabled person? means an individ-
ual who has a physical or mental impairment
which for the individual constitutes or results in a
functional limitation of self-care, ambulation,
communication, transportation, education, social-
ization, employment or the ability to acquire and
maintain adequate, safe and decent shelter.
(8) ?Duplex? (see two-family dwelling).
(9) ?Dwelling? (see two-family dwell-
ing and multiple-family dwelling).
(10) ?Gross floor area? means the floor
area of a building.
(a)  The term does not include, areas
used exclusively for the service of the building,
such as:
920 - 34 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
Run time: March 26, 2004 (4:08:48pm) Distribution
(i)  Mechanical equipment
spaces and shafts;
(ii)  Elevators, stairways, escala-
tors, and ramps; or
(iii)  Public restrooms, loading
docks, and ramps.
(11) ?Hotel? or ?motel? means any
building or group of buildings used for motor-
transient, residential purposes containing guest
rooms which are intended or designed to be used,
or which are rented, by guests.
(12) ?Loading space? means a space
(a)   that is on the same unit of land
as, and contiguous with, a principal building or
group of buildings for the temporary parking of
commercial vehicles while loading or unloading,
and
(b)  that abuts a road, or other appro-
priate way of ingress and egress.
(13) ?Motel? (see hotel).
(14) ?Multiple-family dwelling? means
a building having three or more dwelling units.
(15) ?Notice area? means that area
composed of one or more units of land the owners
of which are entitled to receive notice as provided
in LCC Chapter 921 (Land Development Admin-
istration Code).
(16) ?Property subject to notice?
(a)  means all properties within the
notice boundary of the exterior property lines of
all authorized units of land involved in a land use
review.
(b)  The term includes, in addition to
the subject property, all properties within the
notice boundary along an existing or proposed
easement of road access to the subject property.
(17) ?Story? means that portion of a
building included between the upper surface of
any floor and the lower surface of the ceiling
above, but shall not include a basement or cellar.
(18) ?Skydiving facility? means the use
of any land for the training, the taking off and the
landing of skydivers, exclusive of any buildings,
structures or airport facilities in conjunction with
such use.
(19) ?Template dwelling? has the
meaning given the term ?alternative forestland
dwelling.
(20) ?Two-family dwelling (duplex)?
means a building having two dwelling units.
(21) ?Veterinarian hospital? has the
meaning given to veterinarian clinic.
[Adopted 98-002 ?3 eff 3/4/98; amd 02-313 ?1 eff 8/21/02]
920.300 Interpretations of zoning map bound-
aries
Where uncertainty exists as to the boundaries
of zoning districts as shown on the official zoning
map, the following rules shall apply:
(A)  Boundaries indicated as approximately
following the centerlines of roads or alleys shall
be construed to follow the centerlines of the
rights-of-way of such roads or alleys;
(B)  Boundaries indicated as approximately
following the property line of a unit of land shall
be construed as following the property line of such
unit.
(C)  Boundaries indicated as approximately
following county boundaries shall be construed as
following county boundaries;
(D)  Boundaries indicated as following rail-
road lines shall be construed to be midway be-
tween the main tracks;
(E)  Boundaries indicated as approximately
following the centerlines of streams, rivers, ca-
nals, lakes or other bodies of water shall be con-
strued to follow such centerlines;
(F)  Boundaries indicated as parallel to, or
extensions of, features indicated above shall be so
construed. Distances not specifically indicated on
the official zoning map shall be determined by the
scale of the map; and
(G)  The Director may interpret the zoning
boundaries
(1) where physical or cultural features
existing on the ground would indicate boundaries
different from those shown on the official zoning
map;
(2) when other boundary-related circum-
stances are not covered by this subsection; or
(Latest rev. February 25, 2004) LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS 920 - 35
Distribution Run time: March 26, 2004 (4:08:48pm)
(3) when a property is split-zoned. If
necessary, the Director may refer the matter to the
Board for interpretation pursuant to LCC 921.600
to 921.670.
[Adopted 98-002 ?3 eff 3/4/98]
920.400 Expired practices, interpretations,
and policies
(A)  The purpose of this section is to put the
public on notice that the practices, interpretations,
and policies set forth in subsection (B) are no
longer applicable:
(B)  Expired practices, interpretations,
policies.
(1) Land use application approvals
granted by the Director or the Hearing Authority
permitting development are null and void unless
(a)  the authorized development has
been initiated within 2 years of the date of the
final land use decision permitting the develop-
ment, or
(b) an extension has been authorized
pursuant to the Development Code.
(2) Policy. The purpose of time limita-
tions on land development permits is that decision
criteria used to approve a land use application
often change or provisions in state law change
after the original approval which either restrict the
use or no longer allow the use.
(3) Planned Unit Developments (PUDs)
are no longer allowed by this Development Code.
A PUD previously authorized by Linn County and
specified in the Comprehensive Plan is recognized
as a lawful development option for the property
affected by the PUD.
[Adopted 98-002 ?3 eff 3/4/98]
920.500 Current practices, interpretations,
and policies
(A)  The current practices, interpretations,
and polices in applying the Land Development
Code are set forth in subsection (B) of this sec-
tion.
(B)   Current practices, interpretations, and
policies.
(1) When a dwelling has been authorized
on a property through a review or is authorized as
an outright use, accessory structures may be
established on the property prior to establishment
of the principal use.
(2) Although the review and creation of
a mortgage-lot is exempt from partitioning, the
development of the mortgage-lot is subject to the
setback standards and access requirements of this
Development Code.
(3) Based on zoning district and the uses
permitted, an applicant seeking approval for a
partitioning of land must at the same time file an
application in which the applicant seeks approval
for a proposed use that is allowed or permitted on
such property in the zoning district.
(a)  Approval of an application for a
partition does not grant approval for any use.
(b)  Approval of any proposed use
permitted on the parcel must be sought in an
independent application at the same time as the
application for partitioning.
(4) Beginning July 1, 1997, land use
applications shall have file numbers that reflect
the calendar year in which the application is
submitted, e.g., CU-1-98. In years prior to July 1,
1997, the applications had been numbered reflect-
ing the fiscal year in which they were submitted,
e.g., CU-1-97/98.
(5) Unless an exception set forth in
subsection (7) applies, a development permit
issued by the Director is valid indefinitely if
development has been timely initiated, even if, the
use approved by the permit has been in any man-
ner discontinued.
(6) Exceptions to the indefinite validity
of a development permit of subsection (6) are:
(a) paragraph (8) of this subsection;
(b) paragraph (9) of this subsection;
(c) LCC 921.960;
(d) 921.990 (D); or
(e) if the development permit ex-
pressly states otherwise.
(7) The following permits issued pursu-
ant to the Land Development Code are temporary,
and unless continued or renewed in compliance
with the Development Code, expire on the date
imposed by the Development Code:
920 - 36 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
Run time: March 26, 2004 (4:08:48pm) Distribution
(a)  manufactured dwellings,
(i)  approved for medical hard-
ships, or
(ii)  approved for storage,
(b)  home occupations, and
(c)  recreational vehicle on-site uses.
(8) A surface mining use shall not be
deemed to be interrupted or abandoned for any
period after July 1, 1972, provided:
(a)  The owner or operator was
issued and continuously renewed a state or local
surface mining permit, or received and maintained
a state or local exemption from surface mining
regulation; and
(b)  The surface mining use was not
inactive for a period of 12 consecutive years or
more.
(9) For purposes of paragraph (8) of this
subsection, ?inactive? means no aggregate materi-
als were excavated, crushed, removed, stockpiled
or sold by the owner or operator of the surface
mine.
(C) A permit issued under the Land Develop-
ment Code is transferable unless the permit limits
its transferability.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 02-313 ?1 eff
8/21/02]
920.600 New uses and existing uses
(A) Notwithstanding subsection (C) of this
section, where a use is listed as an allowed use in
the Land Development Code, the creation, expan-
sion, maintenance or enhancement of that use is
also allowed if the establishment of that use did
not violate then existing land use regulations
adopted by Linn County, if any.
(B)  Notwithstanding subsection (C) of this
section, where a use is listed as a permitted use in
the Land Development Code, the creation, expan-
sion, maintenance or enhancement of that use is
also permitted if the establishment of that use did
not violate then existing land use regulations
adopted by Linn County, if any.
(C) A non-conforming use is subject to
expansion pursuant to LCC Chapter 936 (Non-
conforming Uses and Pre-existing Uses Code).
(D) If the expansion, maintenance and en-
hancement of an existing use is provided for in a
list of uses, that use as a new use may be set forth
in a different list of uses.
[Adopted 99-121 ?1 eff 6/30/99]
Statutory References and Other Authorities:
ORS 197; 203; 215; 244; 321; 368; 446; 468B;
469; 526; OAR 333, Divs. 100 to 120; 629, Div.
135; 660, Divs. 012 and 033
Legislative History of Chapter 920:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 98-432 eff 10/21/98
#2 99-121 ?1 eff 6/30/99
#3 99-156 ?2 eff 6/30/99
#4 02-313 ?1 eff 8/21/02
#5 02-433 ?1 eff 11/2/02
#6 04-051 ?1 eff 2/18/04
#7 04-050 ?1 eff 2/25/04
(Latest rev. February 25, 2004) LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS 920 - 37
Distribution Run time: March 26, 2004 (4:08:48pm)
Appendix 1 to Chapter 920 - Figures 1 to 8
[Figures 1 to 8 illustrate certain of the preceding definitions
regarding the configuration of certain units of land.
The dimensions used in the figures do not necessarily coincide
with the dimensions required by this Development Code.]








920 - 46 LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS (Latest rev. February 25, 2004)
Run time: March 26, 2004 (4:08:48pm) Distribution
Appendix 2 to Chapter 920 ? Authorized Units of Land
Authorized unit of land
Parcel
(created)
Unit-of-record Lot
(platted)
metes & bounds
(created)
land divisions resulting
from judgments of foreclo-
sure on
between 80-91 after 91 before 72 between 72-80
liens financ-
ing the pur-
chase of real
property
recorded
contracts for
the sale of
real property
before 68 between 68-72 between 72-80 after 80
(1)
and conforms
to the ap-
proved parti-
tion
(2)
all
(1)
recorded on a
deed before
72, and more
than one if
the test below
is met
(2)
recorded on a deed
in compliance with
land use regula-
tions then in force,
and more than one
if the test below is
met
(3)
all
(4)
all
(1)
recorded on
an individual
deed before
72
(2)
recorded on an
individual deed
between 72-80
in compliance
with land use
regulations in
force between
72 -80
(3)
recorded on an
individual
deed before 72
(4)
designated
RR/RCT
in 91
(5)
recorded on an
individual
deed before 80
(7)
designated
RR/RCT
in 91
(8)
all
Each unit of land is an authorized units of land if each unit is contiguous to
another unit of land that is described on the same instrument and each unit has
been kept as a separate tax-lot and described as a separate entry on the instrument
(i.e., either as Tract 1 and Tract 2, etc., or as Parcel 1 and Parcel 2, etc.) ?Rae
Test?
NOTES: The dates shown in this table reflect only the last two digits of the year. The actual dates are as follows:
72 = March 22, 1972
80 = September 2, 1980
91 = August 14, 1991
See LCC 920.100 for the provisions governing the application of the dates.
[Adopted 98-002 eff 3/4/98; amd 99-121 ?1 eff 6/30/99; amd 04-050 ?1 eff 2/18/04]
(Latest rev. February 25, 2004) LINN COUNTY ? DEVELOPMENT CODE; GENERAL PROVISIONS 920 - 47
Distribution Run time: March 26, 2004 (4:08:48pm)
[This page is intentionally blank]
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 1
Distribution Run time: April 4, 2003 (10:36:59am)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 1 ? Administrative Provisions
CHAPTER 921
LAND DEVELOPMENT
ADMINISTRATION CODE
TABLE OF CONTENTS
   Section Title
I. DEVELOPMENT CODE; GENERALLY
  A. GENERAL ADMINISTRATIVE PROVISIONS
   921.002 Title; and short titles
   921.005 Application of this Chapter and exceptions
   921.007 Authority
   921.010 Actions requiring an application
   921.015 Definitions
   921.020 Applications; generally
   921.025 Conflict of interest and ex parte contacts
   921.030 Pre-application conference
   921.035 County Clerk maintains official record of
final decisions made by the Board
   921.040 Application; submission requirements
   921.045 Multiple applications
   921.060 Reviewing an application for completeness
   921.065 Law applicable to the application
   921.070 Classes of review; applications, proce-
dures and decisions
   921.075 Type I classes
   921.080 Type II classes
   921.082 Step-one and step-two reviews
   921.085 Type IIIA classes; legislative
   921.090 Type IIIB classes; quasi-judicial
  B. EVIDENTIARY AND APPELLATE PROCEDURES
   921.110 Type IA procedure
   921.115 Type IB procedure
   921.120 Type IIA procedure
   921.125 Type IIB procedure
   921.130 Type IIIA legislative procedure
   921.135 Type IIIB quasi-judicial procedure; evi-
dentiary and appellate
   921.140 Final action; time limitations
   921.150 Final decisions; effective date
   921.160 Final decisions; effect
   921.170 Final decisions; form
   921.180 Notice of decision (Type IB); content and
distribution
   921.185 Notice of decision (Type IIA); content and
distribution
   921.190 Notice of decision (Type IIIA); content
and distribution
   921.195 Notice of decision (Type IIIB); content
and distribution
  C. APPEALS; FAILURES TO RENDER A DECISION
   921.200 Failure of the decision maker to render a
decision
   921.210 Appeals
   921.220 Appeal procedures; generally
   921.230 Appellant?s notice of intent to appeal
   921.240 Staff report on appeal
   921.250 Record on appeal to the Board
   921.260 Record on appeal to the LUBA
  D. INITIAL APPLICATION NOTICE
   921.300 Initial application notice; generally
   921.305 Initial application notice; landowner
   921.307 Initial application notice; owner of an
airport
   921.310 Type I initial application notice
   921.320 Type IIA initial application notice
   921.330 Type IIIA initial application notice
   921.335 Type IIIB initial application notice
   921.340 Rescheduled hearings; notice
   921.350 Content of initial application notice
   921.355 Content of initial application notice by
publication
   921.360 Additional required notice
   921.370 Intergovernmental notice
  E. MISCELLANEOUS PROCEDURES
   921.400 Technical information provided by the
Director
   921.430 Limitations of Re-filing of Application
   921.450 Interagency Reviews
II. LAND DEVELOPMENT PERMITS
  A. DEVELOPMENT PERMIT APPLICATIONS
   921.500 Applications for land development per-
mits; requirements; generally
   921.510 Development permits requiring an appli-
cation
921 - 2 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
   921.520 Persons authorized to submit development
permit applications
   921.530 Grading permit required
   921.530 Permit for development in the EFU, F/F,
or FCM; expiration date and extensions
  B. DEVELOPMENT PERMITS FOR MINING; GENERALLY
   921.540 Definitions
   921.541 Development permit for mining generally
   921.542 Expansion sites
   921.543 Initiation of mining
   921.544 Performance and development standards
   921.545 Removal of structures and equipment
   921.546 Final use
  C. DEVELOPMENT PERMITS FOR MINING OF SITES RECEIV-
ING GOAL 5 PROTECTION
   921.552 Development permit for mining of sites
receiving Goal 5 protection
   921.556 Additional land use review
  D. DEVELOPMENT PERMITS FOR SITES NOT RECEIVING
GOAL 5 PROTECTION
   921.560 Statement of purpose
   921.562 Development permit for mining of sites
not receiving Goal 5 protections
   921.564 Decision criteria
   921.568 Permit issuance and renewal
III. DEVELOPMENT CODE INTERPRETATIONS
  A. CODE INTERPRETATION APPLICATIONS
   921.600 Statement of purpose
   921.610 Authority for interpretation
   921.620 Application for a Development Code inter-
pretation
   921.622 Person authorized to file an application
for a Development Code interpretation
   921.625 Review of similar uses
   921.630 Type IIB initial application notice
   921.640 Type IIB Development Code interpreta-
tions; procedure
   921.650 Final decisions; form
   921.660 Notice of decision (Type IIB); content and
distribution
   921.670 Type IIB Development Code interpreta-
tions; appeal procedures
IV. HISTORIC RESOURCES PROCEDURES
   921.700 Historic resources; applications
   921.710 Historic resource; procedures
   921.730 HRC review of applications for historic
resource properties
   921.740 Board review of applications for historic
resource properties
V. AMENDMENT PROCEDURES
   921.800 Title; short titles
  A. LAND DEVELOPMENT CODE
   921.802 Statement of purpose
   921.805 Authority to amend the Zoning Map
   921.810 Types of amendment applications
   921.812 Persons authorized to submit amendment
applications
   921.815 Application procedure
   921.817 Pre-application conference
   921.820 Review procedure
   921.822 Decision criteria for Zoning Map amend-
ments
   921.824 Decision criteria for Development Code
text amendments
   921.830 Intent to Re-zone
   921.840 Appeal procedures
  B. COMPREHENSIVE PLAN
   921.850 Statement of purpose
   921.855 Authority to amend the Comprehensive
Plan Map
   921.860 Persons authorized to submit amendment
applications
   921.862 Types of amendment applications
   921.864 Application procedure
   921.866 Fees
   921.868 Pre-application conference
   921.870 Review procedures
   921.872 Decision criteria for Plan text amend-
ments
   921.874 Decision criteria for Plan map amend-
ments
   921.876 Decision criteria for combined Compre-
hensive Plan and Land Development Code
amendments
   921.890 Appeal procedures
VI. ENFORCEMENT PROCEDURES
   921.900 Acts of the director or the hearing author-
ity
   921.910 Administration of development code
   921.920 Initiating or Starting Development
   921.930 Compliance with the Development Code
provisions; generally
   921.950 Compliance with state and other local
regulations
   921.960 Revocation of development authorization
   921.965 Development permit revocation procedure
   921.970 Stop work order
   921.980 Development constraints and violations of
development code
   921.990 Penalties
Statutory References and Other Authorities
Legislative History of Chapter 921
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 3
Distribution Run time: April 4, 2003 (10:36:59am)
I. DEVELOPMENT CODE; GENERALLY
A. GENERAL ADMINISTRATIVE PROVISIONS
921.002 Title; and short titles
This Chapter, LCC 921.002 to 921.999, shall
be known and cited as the ?Linn County Land
Development Administration Code.? This Chapter
may also be referred to and cited as the ?Land
Development Administration Code,? or the
?Administration Code.?
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.005 Application of this Chapter and ex-
ceptions
(A) Procedures for delayed annexations are
governed by the provisions in LCC 921.002 to
921.499 (Development Code; Generally) and LCC
931.200 to 931.260.
(B)  Land development permits authorized
and issued by the Director or hearing authority are
governed by the provisions in LCC 921.002 to
921.499 (Development Code; Generally) and LCC
921.500 to 921.599 (Land Development Permits).
(C)  Interpretations of the Land Development
Code are governed by the provisions in LCC
921.002 to 921.499 (Development Code; Gener-
ally) and LCC 921.600 to 921.699 (Development
Code Interpretations).
(D)  Amendments to the Comprehensive Plan
and the Land Development Code are governed by
the provisions in LCC 921.002 to 921.499 (Devel-
opment Code; Generally) and LCC 921.800 to
921.899 (Amendment Procedures).
(E) If a use is not set forth in this Develop-
ment Code or is determined to be inconsistent
with the purposes of this Development Code, the
use is unlawful.
[Adopted 98-002 ?3 eff 3/4/98]
921.007 Authority
(A)  The Director and Commission are hereby
granted all authority and duties allowed them by
law, including ORS Chapters 92, 197 and 215,
and the Linn County Code, and any applicable
rules promulgated by the State, to carry out the
purposes and duties of those laws.
(B)  Those purposes and duties include but
are not limited to the review of applications for
and issuance of permits, orders, or ordinance
amendments authorizing:
(1) Land use development;
(2) Land Development Code interpreta-
tions;
(3) Recommendations on amendments to
the Comprehensive Plan and the Land Develop-
ment Code;
(4) Monitoring compliance with the
Development Code and enforcement of violations
thereof.
(C)  The Director or Commission shall not
accept for review an application not meeting the
requirements of LCC 921.040.
(D) The Director or Commission shall not
authorize any action not provided by, or not in
compliance with, this Development Code.
[Adopted 98-002 ?3 eff 3/4/98]
921.010 Actions requiring an application
(A)  The land use actions set forth in this
section require review and approval by the deci-
sion maker pursuant to this Chapter.
(B)  Development permits authorized by and
set forth in LCC 921.510.
(C)  Development Code interpretations
authorized by and set forth in LCC 921.620.
(D) Failures to render a decision required by
the Development Code and appeals authorized by
and set forth in LCC 921.200 and 921.210.
[Adopted 98-002 ?3 eff 3/4/98
921.015 Definitions
As used in this Chapter or as otherwise
indicated:
(A)  ?Application? means
(1)  the completed application form
including any documents and evidence submitted
by an applicant. The application is an evidentiary
document and is used by the Director for the
purpose of making a determination whether the
information as submitted by the applicant may be
deemed complete. The term does not include
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documents or evidence provided to the applicant
by the Department.
(2)  in the case of an appeal and when
consistent with the context and the appeal the term
means the notice of intent to appeal.
(B)  ?Substantially changes,? in reference to
an application deemed complete, means a change
made by the applicant that differs from the pro-
posal as described in the notice to such a degree
that the notice of the proposed action did not
reasonably describe the County?s final action.
(C)  ?Applicant? means the appellant in the
case of an appeal and when consistent with the
context and the appeal process.
(D)  ?Argument? means assertions and
analysis regarding the satisfaction or violation of
legal standards or policy believed relevant by the
proponent to a decision. ?Argument? does not
include facts.
(E)  ?Evidence? means facts, documents,
data or other information offered to demonstrate
compliance or noncompliance with the standards
believed by the proponent to be relevant to the
decision.
[Adopted 98-002 ?3 eff 3/4/98
921.020 Applications; generally
(A)  The burden of proof is upon the appli-
cant. The greater the impact of the proposal in the
area, the greater the burden of proof. The proposal
must be supported by proof that it conforms to the
applicable provisions of the Land Development
Code, especially to specific decision criteria.
Unless the applicant or the applicant?s authorized
representative waives appearance in writing with
the Director, the applicant or the applicant?s
authorized representative must appear at a hearing
on the application. For an application that requires
a public hearing, the presence of the applicant or
the applicant?s authorized representative at the
hearing provides the applicant a greater opportu-
nity to meet the burden of proof.
(B)  The Director shall not accept an applica-
tion that on the face is incomplete, except as
provided in LCC 921.082, or violates federal,
state, or local law, or where the Director deter-
mines that there is a violation or alleged violation
of the Land Development Code.
(C)  If, in the determination of the Director,
an applicant submits any evidence that substan-
tially changes the proposal between the time of
giving notice and a decision being made on that
proposal, the Director must so notify the applicant
in writing and the hearing authority. The notice of
the Director?s determination must be included in
the record of that application.
(D)  An issue which may be the basis for an
appeal to the Land Use Board of Appeals (LUBA)
shall be raised not later than the close of the
record at or following the final evidentiary hearing
on the proposal before the Board. Such issues
shall be raised and accompanied by statements or
evidence sufficient to afford the Board and the
parties an adequate opportunity to respond to each
issue.
(E)  All documents or evidence relied upon
by the applicant shall be submitted to the Director
and shall be made available to the public for
inspection and copying. The person requesting any
copies shall bear the expenses for copying as set
by the Board in the most recent fee order.
(F) Any staff report used at a hearing shall be
available at least 7 calendar days prior to the
hearing. If additional documents or evidence are
provided by any party, the decision maker may
allow a continuance or leave the record open to
allow the parties a reasonable opportunity to
respond. Any continuance or extension of the
record requested by the applicant shall result in a
corresponding extension of the time limitations of
ORS 215.428.
(G)  Irrelevant or repetitive evidence may not
be received without the express permission of the
hearing authority.
(H)  Except as allowed in LCC 932.860 to
932.895, age, gender or physical disability shall
not be considered in making a land development
decision.
(I)  The application shall be made available to
public inspection at the time notice is given in
accordance with the provisions of LCC 921.300 to
921.370.
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 5
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(J)  The appellant may not submit a recording
of an evidentiary hearing on appeal unless the
appellant submits along with the recording a
transcript of that recording certified to be a true
and accurate reproduction of the recording.
(K) A video recording may be submitted and
received as evidence in an evidentiary hearing.
[Adopted 98-002 ?3 eff 3/4/98]
921.025 Conflict of interest and ex parte con-
tacts
(a)  Conflict of interest. The Director or any
member of the hearing authority shall not partici-
pate in any proceeding or action required by this
Chapter except as allowed in ORS Chapter 244.
(B)  Ex parte contact. No decision or action
of the Commission or Board shall be invalid due
to ex parte contact or bias resulting from ex parte
contact with a member of the decision-making
body, if the member of the decision-making body
receiving the contact:
(1)  Places on the record the substance of
any written or oral ex parte communications
concerning the decision or action; and
(2)  Has a public announcement of the
content of the communication and of the parties'
right to rebut the substance of the communication
made at the first hearing following the communi-
cation where action will be considered or taken on
the subject to which the communication related.
(C)  A communication between county staff,
including County Counsel, and the Commission
or Board shall not be considered an ex parte
contact.
(D)  Subsection (B) of this section does not
apply to ex parte contact with a hearings officer
approved under ORS 215.406 (1).
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.030 Pre-application conference
(A)  Definition. For purposes of this section,
?pre-application conference? means an informal
discussion between the applicant and the Director,
or the Director?s staff, that takes place before an
application is filed under LCC 921.040.
(B)  The Director may require and schedule a
pre-application conference.
(C)  The applicant shall attend a pre-applica-
tion conference scheduled by the Director.
(D)  The Director shall grant a pre-application
conference requested by an applicant.
(E)  The Director may request the attendance
of any other county official whose attendance is
deemed necessary by the Director.
[Adopted 98-002 ?3 eff 3/4/98]
921.035 County Clerk maintains official re-
cord of final decisions made by the
Board
The County Clerk is the office that maintains
the written record of Board hearings. All written
evidence received by the Board and a tape record-
ing of the hearing, if any, will be maintained by
the County Clerk.
[Adopted 98-002 ?3 eff 3/4/98]
921.040 Application; submission requirements
(A)  An application for an action set forth in
this subsection is subject to this section.
(1)  Development permit,
(2)  Development Code interpretation,
(3)  Amendment to the Comprehensive
Plan or Land Development Code, or
(4)  Any other proposal for which Linn
County has authority to determine under this
Development Code, and any additional require-
ments for an application imposed by the Chapter
or section under which the application is filed or
governed.
(B)  The application must conform to the
requirements of this section before the application
may be deemed complete and scheduled for
review and decision.
(C)  Except for a Type IIB (code interpreta-
tion) and Type IIIA (legislative) application, an
application required by this section is an eviden-
tiary document on which a final decision is made.
(D) Linn County shall not take jurisdiction of
an application unless the applicant complies with
all the requirements of this section.
(E) Only an application complying with all
the requirements of this section may be deemed
complete under LCC 921.060.
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(F)  The application form required by this
section is a form prescribed by the Director.
(G)  The applicant must file with the Director
an application that satisfies all the requirements of
subsection (H) of this section.
(H)  Contents of the application.
(1)  A completed application form.
(2)  A statement from the Linn County
Environmental Health Program showing that the
applicant?s proposed or existing uses can be
supported by an approved septic system which
meets the requirements imposed by LCC 933.140.
(3)  Any statements needed to show
compliance with requirements imposed by any
technical information provided to the applicant by
the Director under LCC 921.400.
(4)  A detailed site development plan,
drawn to scale.
(5)  A truck haul plan, if a haul route
plan is required by the Chapter or section under
which the application is filed or governed.
(6)  A copy of any document referenced
by the application or by any other document. A
document may not be incorporated into the appli-
cation by reference only.
(7)  All documents and evidence relied
upon by the applicant to demonstrate compliance
with the applicable decision criteria. All such
documents and evidence shall be submitted to the
Director before the application is deemed com-
plete.
(8)  Any information the Director re-
quires the applicant to submit which the Director
deems necessary to address applicable decision
criteria.
(9)  Any information required by the
Chapter or section under which the application is
filed or governed.
(10)  Unless waived by the Director
under this section, a fee applicable to that applica-
tion in the amount specified by the most current
edition of the Linn County Fee Order. Linn
County will not take jurisdiction of an application
if the fee is:
(a)  paid late;
(b)  paid in an incorrect amount; or
(c)  paid with a check that is
returned for insufficient funds.
(I)  The Director may waive the application
fee required by subsection (H) if the applicant is
a unit or agency of local government.
(J)  The fee required in subsection (H) shall
not apply to an appeal made by neighborhood or
community organizations recognized by an order
of the Board and whose boundaries include the
site under review when such appeal is made of a
Director determination made pursuant to the Land
Development Code.
(K)  The fee required by subsection (H) may
have additional requirements imposed by the
Chapter or section under which the application is
filed or governed.
(L)  The applicant shall attend any pre-
application conference scheduled by the Director
pursuant to LCC 921.030.
(M)  The fee required by this section may be
paid by cash, check, money order, or, if a unit of
government, a purchase order, or in any other
manner approved by the Director.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?2 eff
6/30/99]
921.045 Multiple applications
(A)  The Director, or other decision maker,
may require that multiple applications relating to
the same tract or authorized unit of land be com-
bined and reviewed concurrently as a single
application.
(B)  The Director may consolidate the public
hearing processes when appropriate.
(C)  Whenever combined, the applications
shall be processed in accordance with the highest
level assigned to the applications.
(D)  Approval or denial by the decision maker
of one portion of a combined application does not
require that the decision maker approve or deny
any other portion of the application.
(E)  The applicant shall set forth on separate
applications each proposal when:
(1)  different decision criteria are appli-
cable;
(2)  more than one zoning district is
proposed; or
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 7
Distribution Run time: April 4, 2003 (10:36:59am)
(3)  the affected properties are not contig-
uous.
[Adopted 98-002 ?3 eff 3/4/98]
921.060 Reviewing an application for com-
pleteness
(A)  Application classified. The Director shall
initially classify each application according to the
appropriate level of review: Type IA, Type IB,
Type IIA, Type IIB, Type IIIA, or Type IIIB
application. Review by the Director may include
submission of the application to other county
officials for their review and approval.
(B)  Application reviewed for completeness.
Within 30 calendar days of receiving an original
application or any subsequently provided informa-
tion, the Director will review the original applica-
tion or any subsequently provided information and
determine if the application complies with LCC
921.040.
(C)  Deemed complete. The Director shall
deem an application complete if the Director
determines that the application complies with all
the provisions of LCC 921.040.
(D)  Notice application is deemed complete.
If the application is deemed complete, the Direc-
tor shall provide written proof to the applicant that
the application is deemed complete. This notice
shall contain at least:
(1)  a statement that the application has
been deemed complete;
(2)  the date it was deemed complete;
(3)  the date scheduled for a public
hearing or decision on the application;
(4)  a list of any applicable criteria under
which proposal was reviewed;
(5)  the level of review that the Director
has determined under subsection (A) of this
section;
(6)  a statement that approval or denial of
the application shall be based upon the standards
and criteria that were applicable at the time the
application was first submitted if:
(a)  The application was deemed
complete when first submitted, or
(b)  The applicant submits the
requested information within 180 calendar days of
the date the application was first submitted;
(7)  a statement that a final action will be
made by the Director, or hearing authority, consis-
tent with the time limitations set forth in LCC
921.140; and
(8)  a statement that if the applicant
submits any evidence or testimony after notice has
been given on an application deemed complete
and the new evidence or testimony substantially
changes the proposal, then the decision maker
shall not consider such evidence and shall not
receive such new evidence into the record, and
that the applicant, if the applicant desires that the
new evidence be received, must withdraw the
application and submit a new application includ-
ing fees.
(E)  Not Deemed Complete. If the application
is not deemed complete, the Director shall notify
the applicant in writing what information is
missing and allow the applicant, subject to the
time limit specified in paragraph (2) of this sub-
section, 30 calendar days to submit the needed
information.
(1)  Missing information submitted. If the
applicant, within 30 calendar days of receiving the
notice specified in paragraph (3) of subsection (B)
of this section, submits any additional informa-
tion, the application first received and the missing
information shall be again reviewed under this
section.
(2)  Dismissal of incomplete application.
If the Director, by the end of the 180th calendar
day after first receiving the application, is still
unable to deem complete the application first
received and all additionally-provided informa-
tion, the application shall be dismissed.
(3)  Incomplete application deemed
complete. If the applicant, by the end of the 30th
calendar day after the application was first re-
ceived, refuses to submit the needed information,
the application shall be deemed complete on the
31st calendar day after the application was first
received. The Director shall document the nature
of the refusal.
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(F)  Date for review scheduled. After the
application is deemed complete, the Director shall
schedule a date for a rendering a decision. The
date and time may be for a hearing before the
Commission or Board.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.065 Law applicable to the application
(A)  Approval or denial of the application
shall be based upon the standards and criteria that
were applicable at the time the application was
first submitted if:
(1)  The application was deemed com-
plete when first submitted, or
(2)  The applicant submits the requested
information within 180 calendar days of the date
the application was first submitted.
(B)  If an application has not been deemed
complete by the 181st calendar day after it was
first submitted, the applicant must resubmit the
proposal in a new application. Such resubmitted
application shall be subject to the review process
of LCC 921.060 as a new application.
[Adopted 98-002 ?3 eff 3/4/98]
921.070 Classes of review; applications, proce-
dures and decisions
(A)  Classes of reviews; applications, levels
of review, and decision. There are three classes of
review. Each class consists of an application, its
corresponding level of review procedure, and final
decision. Each class is identified by a type unique
to that class. The three classes of review are:
(1)  Type IA and Type IB classes;
(2)  Type IIA and Type IIB classes;
(3)  Type IIIA and Type IIIB classes.
(B)  Type IA and Type IB classes. An applica-
tion that is classified by the Director as Type I
shall be reviewed pursuant to a Type I procedure.
The decision is a ministerial decision made by the
Director.
(C)  Type II classes.
(1)  A Type IIA classification is for an
application for a development permit authorized
and issued by the Director. An application that is
classified by the Director as Type IIA shall be
reviewed pursuant to a Type IIA procedure. The
decision is a discretionary decision made by the
Director. A Type IIA application may be reclassi-
fied as a Type IIIB application and referred by the
Director to the Commission. If the application is
so referred, the application shall be reviewed and
decided by the Commission pursuant to the Type
IIIB level of review.
(2)  A Type IIB classification is for an
application seeking an interpretation of the Land
Development Code. The decision is made by the
Director pursuant to a Type IIB procedure. 
(D)  Type III classes.
(1)  An application that is classified by
the Director as Type IIIA shall be reviewed pursu-
ant to a Type IIIA procedure. An action on an
application that is classified by the Director as
Type IIIA includes:
(a)  a recommendation on a legisla-
tive matter made by the Commission; and
(b)  a final decision on a legislative
matter made by the Board.
(2)  An application that is classified by
the Director as Type IIIB shall be reviewed pursu-
ant to a Type IIIB procedure. An action on an
application that is classified by the Director as
Type IIIB includes:
(a)   a quasi-judicial amendment to
the Comprehensive Plan or the Land Develop-
ment Code;
(b)  a development permit authorized
by the Commission and issued by the Director;
and
(c)  a Type IIA application that is
reclassified by the Director as Type IIIB applica-
tion.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
921.075 Type I classes
(A)  The Director shall classify an action set
forth in subsections (B) and (C) of this section as
a Type IA or Type IB application.
(B) Examples of Type IA applications. The
actions set forth is this subsection shall be classi-
fied as Type IA.
(1) Development being permitted where
no discretion is involved and which does not
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 9
Distribution Run time: April 4, 2003 (10:36:59am)
result in the issuance of a permit by the Depart-
ment, such as planning approval of an irrigation
diversion permit issued by the State Water Re-
sources Department.
(C)  Examples of Type IB applications. The
actions set forth is this subsection shall be classi-
fied as Type IB.
(1)  Development permit where no
discretion is involved which result in the issuance
of a building permit or an EHP permit.
(2) Use of a recreational vehicle as a
temporary dwelling.
(3)  Alteration, restoration, or replace-
ment of a lawfully established dwelling, for which
a decision may be made solely on information in
the development permit application.
(4)  Temporary manufactured dwelling
storage permit.
(5)  Partition not requiring the creation of
a road, flag-lot, or recognition of an easement.
(6)  Property line adjustment meeting
clear and objective standards.
(7)  Final partition review.
(8)  Final subdivision plat review.
(9)  Road approach (access to a public
road).
(10)  Step-one review, as that term is
described in LCC 921.082, of a conditional use
permit application for a dwelling in an EFU or F/F
zoning district.
(11)  Creation of a mortgage-lot.
(12)  Any other action which is deter-
mined by the Director to require review and
approval pursuant to this Chapter or ORS Chap-
ters 92, 197, or 215.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.080 Type II classes
(A)  The Director shall classify an action set
forth in subsections (B) and (C) of this section as
a Type II application.
(B)  Type IIA applications include but are not
limited to:
(1)  Conditional use permit for which the
Director is authorized to make a decision, includ-
ing,
(a)  step-two review, as that term is
described in LCC 921.082, of a conditional use
permit application for a dwelling in an EFU or F/F
zoning district, and
(b)  Greenway conditional use
permits.
(2)  Easement recognition.
(3)  Partition authorized under LCC
924.500 to 924.800.
(4)  Non-conforming use review.
(5)  Parking of seven log trucks on land
in an EFU zoning district.
(6)  Partition requiring the creation of a
road, flag-lot or an easement.
(7)  Property line adjustment requiring
discretion.
(8)  Development review within a Sensi-
tive Bird Habitat Overlay.
(9)  Subdivisions.
(10)  Variance.
(11)  Any other action which is deter-
mined by the Director to require review and
approval pursuant to this Chapter or ORS Chap-
ters 92, 197 or 215.
(12)  Alteration, restoration, or replace-
ment of a lawfully established dwelling requiring
that the Director make a decision based on a
review of information not limited to the develop-
ment permit application.
(C) A Type IIB application is limited to an
interpretation of the Land Development Code.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.082 Step-one and step-two reviews
(A)  A step-one review of a conditional use
application is a Type IB action conducted by the
Director using clear and objective criteria.
(B)  A step-two review of a conditional use
application is a Type IIA action conducted by the
Director and involves discretion.
[Adopted 98-002 ?3 eff 3/4/98]
921.085 Type IIIA classes; legislative
(A)  The Director shall classify an action set
forth in subsection (B) of this section as a Type
IIIA application.
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(B)  A Type IIIA application includes but is
not limited to:
(1) Legislative amendment to the Com-
prehensive Plan.
(2)  Legislative amendment to the Land
Development Code.
(3)  Any other action which is deter-
mined by the Director to require review and
approval pursuant to this Chapter or ORS Chap-
ters 92, 197 or 215.
[Adopted 98-002 ?3 eff 3/4/98]
921.090 Type IIIB classes; quasi-judicial
(A)  The Director shall classify an action set
forth in subsection (B) of this section as a Type
IIIB application.
(B)  A Type IIIB application includes but is
not limited to:
(1)  Conditional use permit in EFU, F/F,
and FCM zoning district for which the Commis-
sion is authorized to make a decision.
(2)  Quasi-judicial amendment to the
Comprehensive Plan.
(3)  Quasi-judicial amendment to the
Land Development Code.
(4)  An application:
(a)  to alter or demolish an historic
resource on the Linn County Register of Historic
Resources; or
(b)  to remove a resource from the
Historic Resource Overlay (HRO); or
(c)  to apply the Historic Resource
Overlay (HRO) to a resource.
(5) A hearing to consider the revocation
of a permit pursuant to LCC 921.965.
(6)  Any other action which is deter-
mined by the Director to require review and
approval pursuant to this Chapter or ORS Chap-
ters 92, 197 or 215.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
B. EVIDENTIARY AND APPELLATE PROCE-
DURES
921.110 Type IA procedure
(A)  A Type IA application shall be reviewed
and decided in compliance with the procedure
provided in this section.
(B)  A decision of a Type IA application shall
be made by ministerial action of the Director.
(C)  The Director is not required to provide
notice or a public hearing before making a deci-
sion on a Type IA application.
(D)  The Director shall make a decision on a
Type IA application based only on the evidence
and testimony in the record and on any informa-
tion that is customarily received by judicial notice.
(E)  The Director shall, within 150 calendar
days of deeming an application complete:
(1)  approve the application if the find-
ings and conclusions satisfy all the criteria or can
be made to satisfy the criteria with conditions; or
(2)  deny the application, if the findings
of fact do not satisfy all the criteria.
(F)  The Director may issue a decision on a
Type IA application in writing. If the decision is
in writing, the decision shall comply with the
provisions of LCC 921.115 (G).
[Adopted 98-002 ?3 eff 3/4/98]
921.115 Type IB procedure
(A)  A Type IB application shall be reviewed
and decided in compliance with the procedure
provided in this section.
(B)  A decision of a Type IB application shall
be made by ministerial action of the Director.
(C) The Director is not required to provide
notice or a public hearing before making a deci-
sion on a Type IB application.
(D)  The Director shall make a decision on
the application based only on the evidence and
testimony in the record and on any information
that is customarily received by judicial notice.
(E)  The Director shall, within 150 calendar
days of deeming an application complete:
(1)  deny the application, if the findings
of fact do not satisfy all the criteria.
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 11
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(2)  approve the application if the find-
ings and conclusions satisfy all the criteria or can
be made to satisfy the criteria with conditions; or
(F)  The Director may reclassify a Type IB
application as a Type IIA application.
(G)  The Director shall issue a decision on a
Type IB application in writing and signed by the
Director. The decision shall be based on and
include findings of fact, applicable Land Develop-
ment Code criteria, and conclusions to support the
decision. The signature may appear on a final
decision, a final plat, a building or other non-
planning permit, or in spaces provided on the
appropriate form.
(H)  The Director shall comply with the
provisions of LCC 921.120 and 921.180.
[Adopted 98-002 ?3 eff 3/4/98]
921.120 Type IIA procedure
(A)  A Type IIA application shall be reviewed
and decided in compliance with the procedure
provided in this section. A decision of a Type IIA
application involves application of discretion and
shall be made by the Director.
(B)  The Director shall:
(1)  provide initial application notice as
may be required for Type IIA applications by LCC
921.300 to 921.370;
(2)  make a decision on the application
conforming to the requirements of LCC 921.140;
and
(3)  give notice of the decision as re-
quired by LCC 921.180.
(C) A Type IIA application may be reclassi-
fied, at the Director?s discretion, as Type IIIB and
referred to the Commission for a public hearing.
If a Type II application is so referred by the Direc-
tor to the Commission for its review, the Commis-
sion shall review the application under LCC
921.135 (Type IIIB).
(D) If the Director has not made a decision on
a Type IIA application or has not referred it to the
Commission within 14 calendar days of the date
scheduled for decision, the applicant may request
that the application be heard by the Commission
under the procedure authorized in LCC 921.135
(Type IIIB, by the Commission).
[Adopted 98-002 ?3 eff 3/4/98]
921.125 Type IIB procedure
The procedure for a Type IIB application is
set forth in LCC 921.600 to 921.670.
[Adopted 98-002 ?3 eff 3/4/98]
921.130 Type IIIA legislative procedure
(A)  A Type IIIA action shall be reviewed and
decided in compliance with the procedure pro-
vided in this section.
(B)  A Type IIIA action requires a legislative
public hearing conducted by a hearing authority.
(C)  A legislative hearing is a public hearing
during which opportunity for the presentation of
testimony. The hearing is not an evidentiary
hearing. A legislative hearing is less formal than
a quasi-judicial hearing.
(D)  Except for written materials submitted to
the Director prior to the hearing, the Director shall
not present documents or testimony on behalf of
any person at any time. Each person is responsible
to submit any document, evidence or testimony
which that person wishes to have included in the
record. This limitation does not apply when the
County is the applicant.
(E)  The Director shall provide initial applica-
tion notice as may be required for Type IIIA
action by LCC 921.300 to 921.370;
(F)  The hearing authority shall:
(1)  conduct at least one public hearing in
accordance with subsection (H) of this section no
sooner than 42 calendar days from the date the
application is deemed complete; and
(2)  make a decision on the application
conforming to the requirements of LCC 921.140.
(G)  The Director shall give notice of the
decision as required by LCC 921.190.
(H)  Conduct of a legislative hearing. The
hearing authority shall include, at a minimum, and
as closely as possible in the order indicated, the
elements set forth in this subsection in the conduct
of such hearing:.
(1)  Statements by the presiding chair. At
the commencement of a hearing the chairperson of
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the hearing authority shall make a statement on
the record to those in attendance that:
(a)  States the nature and purpose of
the matter being considered;
(b)  States that testimony and argu-
ments must be directed toward the matter de-
scribed in subparagraph (a) of this paragraph or
other criteria in the Plan or the Land Development
Code which the person believes to apply to the
decision;
(c)  States that failure to raise an
issue accompanied by statements or evidence
sufficient to afford the decision maker and the
parties an opportunity to respond to the issue
precludes appeal to LUBA based on that issue;
and
(d)  Declares any ex parte contacts
that result in bias or impartiality or any conflicts
of interest by members of the hearing authority.
(2)   Order of testimony and evidence.
The hearing authority shall provide opportunity
for the presentation of argument and testimony as
closely as possible to the following order.
(a)  The Director shall, at a mini-
mum, submit:
(i)  a staff report
(ii)  any agency comments the
Director has received; and,
(iii)  in the case of appeal, the
notice of intent to appeal and the record on appeal
in compliance with LCC 921.250.
(b)  The proponents, if any, followed
by other people in support of the proposal.
(c)  The opponents, if any.
(d)  Those who do not support or
oppose the proposal.
(e)  The hearing authority may ask
questions of any person who has testified or of
staff at any point during the hearing.
(3)  Hearing continued. If the hearing is
continued or tabled, the chairperson of the hearing
authority shall state on the record the date and
time for which the hearing is rescheduled and the
place where the hearing will be conducted and
what limitations exist on further comment or
submissions of written materials;
(4)  Hearing and record closed. Unless
a decision is tabled or hearing continued, the
chairperson of the hearing authority shall close the
record to public input and begin deliberations on
a decision or announce the time, date and place
when the decision will be made.
(5)  Final decision. The hearing authority
shall make a decision on the application conform-
ing to the requirements of LCC 921.140 not more
than 42 calendar days from the close of the public
hearing.
(I)  A Type IIIA decision on a legislative
matter made by the Commission is a recommen-
dation only. It is not a final decision. The Director
shall schedule a date for final decision on the
matter with the Board.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.135 Type IIIB quasi-judicial procedure;
evidentiary and appellate
(A)  Generally.
(1)  A Type IIIB action shall be reviewed
and decided in compliance with the procedure
provided in this section.
(2)  This section applies to the eviden-
tiary and appellate process for a Type IIIB applica-
tion and for an appeal of a Type IIIB decision.
(3)  A Type IIIB action requires at least
one quasi-judicial public hearing conducted by a
hearing authority.
(4)  A quasi-judicial hearing is a public
hearing during which opportunity for the presenta-
tion of evidence and testimony is provided. The
hearing is an evidentiary hearing. A quasi-judicial
hearing is more formal than a legislative hearing.
(5)  Except for written materials submit-
ted to the Director prior to the hearing, the Direc-
tor shall not present documents or testimony on
behalf of any person at any time. Each person is
responsible to submit any document, evidence or
testimony which that person wishes to have
included in the record. This limitation does not
apply when the County is the applicant.
(6)  The Director shall provide initial
application notice as may be required for Type
IIIB action by LCC 921.300 to 921.370.
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 13
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(7)  The hearing authority shall:
(a)  conduct at least one public
hearing in accordance with subsection (B) of this
section no sooner than 42 calendar days from the
date the application is deemed complete; and
(b)  make a decision on the applica-
tion conforming to the requirements of LCC
921.140.
(8)  The Director shall give notice of the
decision as required by LCC 921.195.
(9)  Notwithstanding any provision in
this Code to the contrary, the Board may elect to
hear any Type IIIB matter in the place of the
Commission.
(B)  Conduct of a quasi-judicial hearing. The
hearing authority shall include, at a minimum, and
as closely as possible in the order indicated, the
elements set forth in this subsection in the conduct
of such hearing.
(1)  Statements of presiding chair. At the
commencement of a hearing the chairperson of the
hearing authority shall make a statement on the
record to those in attendance that:
(a)  Lists the applicable substantive
criteria;
(b)  Explains the nature and purpose
of the matter being considered;
(c)  States that testimony, arguments,
and evidence must be directed toward the criteria
described in subparagraph (a) of this paragraph or
other criteria in the Plan or the Land Development
Code which the person believes to apply to the
decision;
(d)  States that failure to raise an
issue accompanied by statements or evidence
sufficient to afford the decision maker and the
parties an opportunity to respond to the issue
precludes appeal to LUBA based on that issue;
(2)  The chairperson shall provide an
opportunity to the members of the hearing author-
ity to declare any ex parte contacts in compliance
with LCC 921.025.
(3)  The chairperson shall provide an
opportunity to the members of the hearing author-
ity to declare any conflicts of interest.
(4)  Announces the time and date that the
hearing authority plans for a site visit, if a site
visit is planned.
(5)   Order of testimony and evidence.
The hearing authority shall provide opportunity
for the presentation of argument and testimony as
closely as possible to the following order.
(a)  The Director.
(b)  The proponents, if any, followed
by other people in support of the proposal.
(c)  The opponents, if any.
(d)  Those who do not support or
oppose the proposal.
(e)  The proponent shall be allowed
an opportunity to rebut opposing evidence and
testimony. The rebuttal is the applicant?s opportu-
nity to address concerns raised by others providing
testimony.
(f)  The hearing authority may ask
questions of any person who has testified or of
staff at any point during the hearing.
(6)  Evidence, argument, and testimony.
The hearing authority shall provide opportunity
for the presentation of evidence, argument, and
testimony from the persons listed in paragraph (5)
of this subsection.
(a)  The Director shall, at a mini-
mum, submit:
(a)  a staff report
(ii)  any agency comments the
Director has received; and,
(iii)  in the case of appeal, the
notice of intent to appeal and the record on appeal
in compliance with LCC 921.250.
(b)  The proponent of the applica-
tion, followed by other people in support of the
proposal.
(c)  The opponents to the proposal,
if any.
(d)  Those who do not support or
oppose the proposal.
(e)  If any party, at any time before
the record is closed, offers written evidence to the
hearing authority, the submitting party shall
provide copies of such evidence to all other
parties. If the written evidence is too large or too
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voluminous for reproduction, then the person
submitting the written evidence must make it or a
reasonable copy thereof available for inspection in
a reasonable manner to any person requesting to
see it.
(f)  Any evidence or testimony
presented in video or still-slide format shall be
part of the record made by the hearing authority.
(g)  The hearing authority may
consider all or any portion of any proceeding
conducted below, subject to:
(i)  approval by the hearing
authority;
(ii)  no objections to its admis-
sion by any party, or the resolution of any objec-
tions to the satisfaction of the parties;
(iii)  the moving party bearing
all expenses for the production and distribution of
copies as provided in this paragraph;
(iv)  the moving party providing
three copies to the hearing authority and one copy
to each party of record; and
(v)  the transcripts being pre-
pared by a duly certified, official transcriber or
reporter and each transcript bearing a certification
identifying the name and business address tran-
scriber or reporter and information identifying the
tapes used in making the transcription.
(7) Hearing and record closed. The
chairperson shall close the public hearing and
record unless one of the actions is requested and
granted as set forth in subsections (C) and (D).
(C) Request for continuation or holding
record open. Prior to the conclusion of the initial
evidentiary hearing, any participant may request
an opportunity to present additional evidence or
testimony regarding the application.
(1)  The hearing authority shall grant
such request by:
(a)  continuing the public hearing
pursuant to subsection (E), or
(b)  leaving the record open for
additional written evidence, arguments, or testi-
mony pursuant to subsection (F).
(2)  If additional documents or evidence
are provided by any party as allowed for in sub-
section (C) of this section, the hearing authority
may allow a continuance or leave the record open
to allow the parties a reasonable opportunity to
respond to the additional documents or evidence.
Any continuance or extension of the record re-
quested by an applicant shall result in a corre-
sponding extension of the time limitations of ORS
215.428.
(D)  Hearing tabled. On its own motion, the
hearing authority may table a decision for up to 35
calendar days for such reasons as bad weather,
failure to appear by the applicant, failure to get or
maintain a quorum, or for submission of supple-
mental information from the Director pertaining to
the application or decision criteria, when such
submission is deemed pertinent by the hearing
authority for purposes of rendering a decision.
(E)  Hearing continued. If the hearing author-
ity grants a continuance, the hearing shall be
continued to a date, time, and place certain at least
7 calendar days from the date of the initial eviden-
tiary hearing. An opportunity shall be provided at
the continued hearing for persons to present and
rebut new evidence, argument, or testimony. If
new written evidence is submitted at the continue
hearing, any person may request, prior to the
conclusion of the continued hearing, that the
record be left open for at least 7 calendar days to
submit additional written evidence, arguments or
testimony for the purpose of responding to the
new written evidence.
(F)   Holding record open. If the hearing
authority leaves the record open for additional
written evidence, arguments, or testimony, the
record shall be left open for at least 7 calendar
days. Any participant may file a written request
with the Director for an opportunity to respond to
new evidence submitted during the period the
record was left open. If such a request is filed, the
hearing authority shall reopen the record pursuant
to subsection (G) of this section.
(G) Submit additional evidence if record
reopened. When the hearing authority reopens a
record as authorized in subsection (F) to admit
new evidence, arguments, or testimony, any
person may raise new issues which related to the
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 15
Distribution Run time: April 4, 2003 (10:36:59am)
new evidence, arguments, testimony, or criteria
for decision-making which apply to the matter at
issue.
(1)  Date and limitations. The chairper-
son shall state on the record the date and time at
which the hearing is rescheduled and the place
where the hearing will be conducted.
(2)  Additional evidence and testimony.
The parties may present additional evidence or
testimony and respond to any additional evidence
and testimony presented under subsection (C) of
this section. If additional written evidence is
submitted at the continued hearing, any party may
request, prior to the close of the continued hear-
ing, and the hearing authority may grant, that the
record be left open, in full or in part, for at least 7
more calendar days to submit written evidence
responding to the additional written evidence.
(H)  Final written arguments. Unless waived
by the applicant, the applicant shall have at least
7 calendar days after the record is closed to all
other parties to submit final written arguments in
support of the application. The applicant?s final
submittal shall be considered part of the record,
but shall not include any new evidence. The 7-day
period shall not be subject to the limitations of
ORS 215.428.
(I)  A continuance or extension granted
pursuant to this section shall be subject to the
limitations of ORS 215.428, unless the continu-
ance is requested or agreed to by the applicant.
(J)  If an applicant submits evidence after
notice has been given but prior to a decision being
made and that evidence would substantially
change the proposal, then the Director shall bring
that evidence to attention of the decision maker.
(K)  Final decision The hearing authority
shall render a final decision on the application
conforming to the requirements of LCC 921.140.
(L)  The failure of a property owner to receive
notice as provided in LCC 921.335 shall not
invalidate a proceeding conducted under this
section if the Director can demonstrate by affida-
vit that such notice was given. The notice provi-
sions of LCC 921.335 shall not restrict the giving
of notice by other means, including posting,
newspaper publication, radio, and television.
(M)  Failure to make a decision. If the Com-
mission has not made a decision within 60 calen-
dar days of the close of a hearing plus any exten-
sions made on the record or the close of the
record, the applicant may request that the applica-
tion be heard by the Board under this section and
a decision rendered under LCC 921.140.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?2 eff
6/30/99]
921.140 Final action; time limitations
(A)  A Type IA and Type IB decision shall be
made by the Director within 150 calendar days of
deeming the application complete.
(B)  Except as provided in LCC 921.065 (A)
and subsection (D),
(1)  For all Type II and Type III applica-
tions for land within an urban growth area or for
an application for a development permit for
mining of mineral or aggregate, final action shall
be taken on an application for a development
permit or zone change, including resolution of all
appeals under ORS 215.422, within 120 calendar
days after the application is deemed complete.
(2)  For all Type II and Type III applica-
tions for a development permit or zone change not
set forth in subsection (B), including resolution of
all appeals under ORS 215.422, final action shall
be taken within 150 calendar days after the
application is deemed complete.
(C)  If an application for a permit or zone
change is incomplete, the Director shall comply
with LCC 921.060 (E).
(D) The period set in subsection (B) of this
section may be extended for a reasonable period
of time at the request of the applicant.
(E) The period set in subsection (B) of this
section applies:
(1)  only to decisions wholly within the
authority and control of the Board; and
(2)  unless the parties have agreed to
mediation as described in ORS 197.318 (2) (b).
(F)  Notwithstanding subsection (E) of this
section, the period set in subsection (B) of this
section does not apply to an amendment to the
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Comprehensive Plan or the Land Development
Code or adoption of a new provision to the Land
Development Code that was forwarded to the
Director of DLCD under ORS 197.610 (1).
(G) Except when an applicant requests an
extension under subsection (D) of this section, if
the decision maker does not take final action or an
application for a development permit or zone
change within 120 calendar days or 150 calendar
days, as applicable, after the application was
deemed complete:
(1) the county shall refund to the appli-
cant either the unexpended portion of any applica-
tion fees or deposits previously paid or 50 percent
of the total amount of such fees or deposits which-
ever is greater. The applicant is not liable for
additional governmental fees incurred subsequent
to the payment of such fees or deposits. However,
the applicant is responsible for the costs of provid-
ing sufficient additional information to address
relevant issues identified in the consideration of
the application.
(2)  The applicant may apply in the
circuit court of Linn County for a writ of manda-
mus to compel the county to issue the approval.
The writ shall be issued unless the decision maker
shows that the approval would violate a substan-
tive provision of the Comprehensive Plan or Land
Development Code. The writ may specify condi-
tions of approval that would otherwise be allowed
by the Comprehensive Plan or Land Development
Code.
(H)  The decision maker may not compel an
applicant to waive the time periods set in subsec-
tion (B) of this section or to waive the provisions
of subsection (G) of this section as a condition for
taking any action on an application for a develop-
ment permit or zone change except when such
applications are filed concurrently and considered
jointly with a Plan amendment.
(I)  Except when requested or agreed to by the
applicant, the extension (s) shall be subject to the
time limitations of subsection (B), as applicable.
(J)  Any request by the applicant for an
extension of time must be in writing and shall
result in a corresponding extension of the time
limitations of subsection (B), as applicable.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-156 ?3 eff
6/30/99]
921.150 Final decisions; effective date
A decision is final, for purposes of appeal, on
the date the decision is signed by the Director.
[Adopted 98-002 ?3 eff 3/4/98]
921.160 Final decisions; effect
(A)  The final decision on a Type I, Type IIA,
or Type IIIB application, if approved, is the land
development permit sought by the applicant.
(B) The decision maker shall make a decision
based only on the application as deemed com-
plete, the evidence and testimony in the record,
and on any information that is customarily re-
ceived by judicial notice.
(C)  The decision maker may not receive into
the record or consider any evidence, argument, or
testimony that would substantially change the
application as deemed complete when rendering a
decision on the application. The decision maker
must so inform the applicant and allow the appli-
cant an opportunity to withdraw the application. If
the applicant does not voluntarily withdraw the
application then the decision maker shall render a
decision on the application as deemed complete.
(D)  The decision maker shall:
(1)  approve the application if the find-
ings and conclusions
(a)  satisfy all the criteria, or
(b)  can be made to satisfy the
criteria with conditions; or
(2)  deny the application if the findings
of fact do not satisfy all the criteria.
(E)  Following an appeal of a Type IIA or a
Type IIIB application, the hearing authority shall
make a decision based only on the evidence and
testimony in the record made during the hearing
de novo and on any information that is custom-
arily received by judicial notice.
(1)  The hearing authority shall:
(a)  approve the application and deny
the appeal if the findings and conclusions
(i)  satisfy all the criteria, or
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 17
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(ii)  can be made to satisfy the
criteria with conditions; or
(b)  deny the application and affirm
the appeal, if the findings of fact do not satisfy all
the criteria.
(F)  Failure of any person to receive a final
decision or notice of decision shall not invalidate
the decision.
(G)  The application shall not be approved if
the proposed use of land is found to be in conflict
with the Comprehensive Plan and other applicable
Land Development Code or Linn County Code or
ordinance provisions. The approval may include
such conditions as are authorized by statute or
county legislation.
 (8) Approval or denial of a permit applica-
tion shall be based on standards and criteria which
shall be set forth in the Land Development Code
which shall relate approval or denial of a permit
application to the Land Development Code and
Comprehensive Plan for the area in which the
proposed use of land would occur and to the Land
Development Code and Comprehensive Plan for
the county as a whole.
 (9) Approval or denial of a permit shall be
based upon and accompanied by a brief statement
that explains the criteria and standards considered
relevant to the decision, states the facts relied
upon in rendering the decision and explains the
justification for the decision based on the criteria,
standards and facts set forth.
(H)  The Director shall indicate on a distribu-
tion list the persons to whom the final decision
and notice of decision were mailed. The Director
shall maintain the list in the Department?s file for
that application. If a party is given a notice of
decision by means other than mail, the provision
of that notice shall be indicated on the list.
(I)  If the hearing authority approves an
application for an amendment to the Comprehen-
sive Plan map or an amendment to the Zoning
Map the Director shall make all appropriate
changes to the Comprehensive Plan map or
Zoning Map.
(J)  A decision described in ORS 215.402 (4)
(b) shall:
(1)  Be entered in a registry available to
the public setting forth:
(a)  The street address or other easily
understood geographic reference to the subject
property;
(b)  The date of the decision; and
(c)  A description of the decision
made.
(2)  Be subject to the jurisdiction of the
Land Use Board of Appeals in the same manner as
a limited land use decision.
(3)  Be subject to the appeal period
described in ORS 197.830 (4) (b).
(K)  At the option of the applicant, the Direc-
tor shall provide notice of the decision described
in ORS 215.402 (4) (b) in the manner required by
ORS 197.763 (2), in which case an appeal to the
LUBA shall be filed within 21 calendar days of
the decision. The notice shall include an explana-
tion of appeal rights.
[Adopted 98-002 ?3 eff 3/4/98]
921.170 Final decisions; form
(A) Type IB final decision. The Director shall
prepare a final decision for a Type IB application
on a form approved by the Director.
(B) Type II final decision. The Director shall
prepare a final decision for a Type II application
on a form approved by the Director.
(C)  Type IIIA final decision. The Director
shall prepare for the hearing authority?s consider-
ation and approval a final decision on a Type IIIA
application in the form of an ordinance ready for
adoption.
(D)  Type IIIB final decision. The Director
shall prepare for the hearing authority?s considera-
tion and approval a final decision based on the
submitted evidence and testimony and on the
applicable criteria. The form of a final decision
shall be as follows. The form of the decision shall
be set forth in and adopted as an order conforming
to the requirements of subsection (E).
(E)  Orders. All orders setting forth the final
decision on a Type IIIB application shall contain:
921 - 18 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
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(1)  the decision to approve, to approve
with conditions and requirements, or to deny the
application;
(2)  finding of facts relevant to the appli-
cation,
(3)  the applicable decision criteria and
any applicable conditions or requirements of the
Land Development Code; and
(4)  the conclusion that obtains from
applying the facts to the criteria and requirements.
and
(5)  if the application is approved,
(a)  a statement that the final deci-
sion is the land development permit sought by the
applicant, and
(b)  one of the following two state-
ments:
(i)  if there are no conditions or
requirements imposed on the permit, a statement
that development may be initiated pursuant to the
permit, or
(ii)  if there are conditions or
requirements imposed on the permit, a statement
that the development permit has only preliminary
planning approval and that all conditions and
requirements must be fulfilled before develop-
ment may be initiated. Proof that a condition or
requirement has been fulfilled shall be indicated
by a dated signature of the Director on the face of
the development permit. Notwithstanding the
imposition of conditions or requirements on a
development permit, the signature of the Director,
pursuant to LCC 921.150, subjects the decision to
issue the permit to an appeal if filed in compliance
with this Chapter.
[Adopted 98-002 ?3 eff 3/4/98]
921.180 Notice of decision (Type IB); content
and distribution
(A)  The Director shall prepare, sign and give
notice of decision of a Type IB action in accor-
dance with this section.
(B)  Contents of notice of decision. The notice
of decision on a Type IB action shall contain at
least the following elements:
(1)  the name of the applicant;
(2)  the Department?s case file number;
(3)  the location of the property;
(4)  the Director?s decision on the matter;
(5)  the date the decision was made;
(6)  information on how and where to
inspect and to obtain a copy of the decision; and
(7)  a statement that the decision may not
be appealed.
(C)  Distribution of Type IB notice of deci-
sion. Within 35 calendar days of a Type IB deci-
sion, the Director shall give notice of decision
which for a Type IB decision contains the final
decision to all parties to the decision.
[Adopted 98-002 ?3 eff 3/4/98]
921.185 Notice of decision (Type IIA); content
and distribution
(A)  The Director shall prepare, sign and give
notice of decision of a Type IIA action in accor-
dance with this section.
(B)  Contents of the notice of decision. The
notice of decision shall contain:
(1)  the name of the applicant;
(2)  the Department?s case file number;
(3)  the location of the property;
(4)  the Director?s decision on the matter;
(5)  the date the decision was made;
(6)  information on how and where to
inspect and to obtain a copy of the decision;
(7)  a statement that the decision may be
appealed by a party with standing within 14
calendar days of the date of the decision letter by
filing a notice of intent to appeal with the Direc-
tor;
(8)  a statement that the notice of intent
to appeal shall:
(a)  be in writing;
(b)  identify with particular specific-
ity the inadequacies, omissions or errors made by
the decision maker; and
(c)  be accompanied by the appropri-
ate appeal fee; and
(9)  a statement that, unless the decision
is appealed in compliance with this Chapter, the
decision is a final land use decision.
(C)  Distribution.
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 19
Distribution Run time: April 4, 2003 (10:36:59am)
(1)  Within 5 working days of the deci-
sion, the Director shall give notice of decision to:
(a)  the applicant or the land owner
(s) if different from the applicant; and
(b)  all parties with standing who
have provided correct mailing addresses.
(2)  The Director shall give the final
decision to the applicant, or land owner if differ-
ent from the applicant.
[Adopted 98-002 ?3 eff 3/4/98]
921.190 Notice of decision (Type IIIA); content
and distribution
(A)  The Director shall prepare, sign and give
notice of decision of a Type III action in accor-
dance with this subsection.
(B)  Contents of the notice of decision. The
notice of a Type IIIA decision shall contain:
(1)  the name of the applicant;
(2)  the Department?s case file number;
(3)  the location of the property;
(4)  the Board?s decision on the matter;
(5)  the date the decision was made;
(6)  information on how and where to
inspect and to obtain a copy of the decision;
(7)  a statement that the decision, if
approved, may be appealed by a party with stand-
ing within 21 calendar days of the date of the
decision letter by filing a notice of intent to appeal
with the County Clerk.
(8)  a statement that the notice of intent
to appeal shall:
(a)  be in writing;
(b)  identify with particular specific-
ity the inadequacies, omissions or errors made by
the decision maker; and
(9)  a statement that, unless the decision,
if approved, is appealed in compliance with this
Chapter, the decision is a final land use decision.
(C)  Distribution.
(1)  Within 5 working days of the deci-
sion, the Director shall give the notice of decision
to:
(a)  the applicant or the land owner
(s) if different from the applicant;
(b)  all parties with standing who
have provided correct mailing addresses; and
(c)  DLCD, if required. If a notice of
decision is required;
(i)  it shall include a certificate
of mailing containing a statement signed by the
person mailing it indicating the date the notice
was deposited in the mail, if the notice is mailed,
and
(ii)  the notice of decision shall
be mailed or delivered to all parties on the same
day.
(2)  The Director shall give a notice of
decision conforming to this section along with a
copy of the final decision to the applicant, or land
owner if different from the applicant.
[Adopted 98-002 ?3 eff 3/4/98; amd 02-313 ?2 eff 8/21/02]
921.195 Notice of decision (Type IIIB); content
and distribution
(A)  The Director shall prepare, sign and give
notice of decision of a Type IIIB action in accor-
dance with this subsection.
(B)  Contents of notice of decision. The notice
of decision shall contain:
(1)  the name of the applicant;
(2)  the Department?s file number;
(3)  the location of the property;
(4)  the Commission or Board?s decision
on the matter;
(5)  the date the decision was made;
(6)  the number of the order and ordi-
nance, if any;
(7)  information on how and where to
inspect and to obtain a copy of the decision;
(8)  a statement that the decision may be
appealed by a party with standing:
(a)  within 14 calendar days of the
date of the decision letter by filing a notice of
intent to appeal with the Director, if the appeal is
of a Commission decision; or
(b)  within 21 calendar days of the
date of the decision letter by filing a notice of
intent to appeal with the County Clerk, if the
appeal is of a Board decision.
921 - 20 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
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(C)  Distribution.
(1)  Within 5 working days of the deci-
sion, the Director shall give the notice of decision
to:
(a)  the applicant or the land owner
(s) if different from the applicant;
(b)  the appellant, if any; and
(c)  all parties with standing who
have provided correct mailing addresses; and
(d)  DLCD, if required. If a notice of
decision is required;
(i)  it shall include a certificate
of mailing containing a statement signed by the
person mailing it indicating the date the notice
was deposited in the mail, if the notice is mailed,
and
(ii)  the notice of decision shall
be mailed or delivered to all parties on the same
day.
(2)  The Director shall give the applicant,
or land owner if different from the applicant, a
final decision on a development permit and a copy
of a final decision, if any, on an amendment to the
Plan or Land Development Code.
[Adopted 98-002 ?3 eff 3/4/98; amd 02-313 ?2 eff 8/21/02]
C. APPEALS; FAILURES TO RENDER A DECI-
SION
921.200 Failure of the decision maker to ren-
der a decision
(A)  If the decision maker fails to make a
decision on an application that has been deemed
complete under this Chapter, the applicant may
file an application pursuant to this section.
(B)  An applicant may file an application
requesting the Commission to render a decision if
the application not decided was:
(1)  Type IA, or,
(2)  Type IB.
(C)  An applicant may file an application
requesting the Board to make a decision if the
application not decided was:
(1)  Type IIA,
(2)  Type IIB,
(3)  Type IIIA, not decided by the Com-
mission,
(4) Type IIIB, not decided by the Com-
mission. or
(5)  one of the applications filed pursuant
to subsection (B) of this section not decided by the
Commission.
[Adopted 98-002 ?3 eff 3/4/98]
921.210 Appeals
(A)  Unless otherwise stated, a decision set
forth in this section is subject to appeal pursuant
to the applicable sections in the Development
Code.
(B) A Type IA decision is not appealable.
(C) A Type IB decision is not appealable.
(D) A Type IIA decision may be appealed to
the Commission.
(E) A Type IIB decision may be appealed to
the Board.
(F) A Type IIIA decision by the Board adopt-
ing an amendment to the Plan or Land Develop-
ment Code may be appealed to LUBA.
(G)  A Type IIIB decision by the Board
adopting an amendment to the Plan or Land
Development Code may be appealed to LUBA.
(H) A Type IIIB development permit decision
made by the Commission may be appealed to the
Board.
(I) A Type IIIB code interpretation made by
the Board may be appealed to LUBA.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.220 Appeal procedures; generally
(A)  General Provisions.
(1)  Purpose. This section establishes
appeal procedures for reviewing a final decision,
or the failure to make a decision, when such
decision is required by the Land Development
Code and an appeal thereof is provided by the
Development Code.
(2) Who may file. A person who has
standing in a land development procedure con-
ducted pursuant to LCC 921.120 to 921.135 may
file a notice of intent to appeal for a Type II or
Type III decision. The notice of intent to appeal
must comply with this section and LCC 921.230.
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 21
Distribution Run time: April 4, 2003 (10:36:59am)
(3) Where filed. A notice of intent to
appeal must be filed with:
(a)  the Director, if the appeal is of a
Director or a Commission decision, or
(b)  the County Clerk, if the appeal
is of a Board decision.
(4)  Once a written notice of intent to
appeal is determined to be complete pursuant to
LCC 921.230 (D), The Director shall provide to
the appellant, and applicant, if different than the
appellant notice that the notice of intent to appeal
is complete and that the appeal has been accepted
for purposes of setting the appeal before the
hearing authority.
(5)  The Director shall then schedule the
appeal with the hearing authority. The hearing on
appeal shall occur not less than 42 calendar days
after the appeal is deemed to be complete, taking
into consideration the availability of the parties.
(B)  Stay of proceedings. An appeal accepted
by the Director shall stay all proceedings and
advancement of the action appealed, unless the
Director certifies to the Board, after the notice of
intent to appeal has been filed, that a stay would
cause imminent peril to life or property. In such
cases, the action shall not be stayed except by
order of the Board or of a court of competent
jurisdiction.
(C) Notwithstanding any provision in this
Code to the contrary, if a time limitation is about
to expire and a final decision has not been made,
or if the Commission has made a decision and a
time limit is about to expire, the Board may enter
an order affirming the findings and conclusion of
the Commission without conducting any further
hearings.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.230 Appellant?s notice of intent to appeal
(A)  A written notice of intent to appeal of a
Type II or a Type III Commission decision must
be filed by the appellant with the Director and
shall comply with this section and LCC 921.200
to 921.220.
(B)  Type II or Type III Commission decision.
A written notice of intent to appeal of a Type II or
Type III Commission decision must be received
not later than 5:00 p.m. of the 14th calendar day
after the date of the notice of decision. If the 14th
calendar day of the appeal period falls on a holi-
day or weekend, the notice of intent to appeal
shall be submitted not later than 5:00 p.m. on the
first working day following the 14th calendar day.
(C)  The written notice of intent to appeal
must be in writing and contain at a minimum:
(1)  the Department?s case file number,
(2)  the appellant?s name, address and
telephone number, and
(3)  identify with particular specificity
the inadequacies, omissions or errors made by the
decision maker; and
(4) an appeal fee. The applicant must pay
to the County within the appeal period the full
amount of the appeal fee specified in the notice of
decision if the appeal is not of a Commission
decision. An appeal is not complete without the
appeal fee, and the hearing authority shall not take
jurisdiction of an appeal unless the fee is timely
paid in full. Appeal fees must comply with LCC
921.040.
(D) Completeness of notice of intent to ap-
peal. The Director shall evaluate the written
notice of intent to appeal of a Director or Com-
mission decision to determine if it is complete. If
a written notice of intent to appeal is deficient, an
appellant shall be given written notice of the
deficiencies and shall be provided 7 additional
calendar days to correct the deficiencies. If at the
end of the 7 calendar days the written notice of
intent to appeal remains deficient, the Director
shall not accept the appeal and so notify the
appellant in writing.
(E)  Type III Board decision. A written notice
of intent to appeal of a Type III Board decision
must be filed by the appellant with the Clerk.
(1)  The Clerk shall ?
(a)  send, not later than the next
working day, a copy of the notice of intent to
appeal to the Director and to County Counsel, and
(b)  make, as soon as practicable, a
certified copy of the record made before the Board
and submit it to the Director.
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(2)  The Director shall arrange the certi-
fied copy of the record of the Clerk into the form
required by LUBA.
(3)  The Director or Clerk may ask
County Counsel to assist in preparing the certified
copy of the record.
(4)  County Counsel shall prepare any
legal forms required by the rules of LUBA to
represent the County?s case and transmit the
record and legal forms as required by LUBA.
[Adopted 98-002 ?3 eff 3/4/98]
921.240 Staff report on appeal
Contents of the staff reports. All staff reports
submitted by the Department concerning an
application on appeal to the hearing authority shall
contain:
(A)  all written comments received prior to
the Commission hearing, for applications re-
viewed by the Commission that were previously
reviewed by the Director.
(B)  the record on appeal as described in LCC
921.250, for applications that are reviewed by the
Board.
[Adopted 98-002 ?3 eff 3/4/98]
921.250 Record on appeal to the Board
(A)  The record of a Commission hearing for
purposes of appellate review by the Board shall
include only the documents described in subsec-
tion (C) of this section.
(B) The Director shall submit the documents
set forth in subsection C of this section to the
Board as part of the staff report.
(C)  Contents of the Commission record. 
(1)  the application in the form in which
it was deemed complete;
(2)  written correspondence between the
Director and the applicant dated before initial
application notice was given under the applicable
provisions of LCC 921.300 to 921.370;
(3)  notices published and mailed for
Director and Commission reviews;
(4)  notices of the Board hearing;
(5)  statements of mailing and affidavits
of publication;
(6)   the staff report prepared by the
Director and submitted to and accepted by the
Commission as part of the record;
(7)  any agency comments the Director
has received and submitted to and accepted by the
Commission as part of the record;
(8)  the written notice of decision by the
Commission; and
(9)  the notice of intent to appeal.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.260 Record on appeal to the LUBA
The record of the Board hearing for purposes
of appellate review by LUBA shall include only:
(A)  the final decision of the Board including
any findings of fact and conclusions of law;
(B)  All written testimony and all exhibits,
maps, documents or other written materials placed
before, and not rejected by, the Board during the
course of the Board?s proceeding;
(C)  Minutes and tape recordings of the
meetings conducted by the Board as required by
law;
(D)  Notices of the proposed action, public
hearing and adoption of a final decision, if any,
published, posted or mailed during the course of
the proceeding, including statements or affidavits
of publication, posting and mailing. Such notices
shall include any notices concerning amendments
to acknowledged Comprehensive Plan or Land
Development Code given pursuant to ORS
197.610 (1) and (2).
[Adopted 98-002 ?3 eff 3/4/98]
D. INITIAL APPLICATION NOTICE
921.300 Initial application notice; generally
(A)  The Director shall give notice as pro-
vided in LCC 921.300 to 921.370.
(B)  The Director shall prepare statements
indicating that the notice required by this section
has been mailed and published. The statements
shall be retained in the Department?s file for the
application.
(C)  The Director shall document and retain
in the Department?s file for the application state-
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 23
Distribution Run time: April 4, 2003 (10:36:59am)
ments indicating that notice required by this
section was prepared and given as required.
(D)  A failure to receive the notice required
by this section, LCC 921.360 or 921.370 shall not
invalidate the land development proceedings or
land development decision, provided the Director
can demonstrate by statements in the Director?s
files that such notice was given or published.
(E)  The provisions of this subsection do not
limit the County?s authority to provide notice in
addition to this section and LCC 921.360 and
921.370.
(F)  For easement recognition applications
under LCC Chapter 935 (Access Improvement
Standards Code), the Director shall give notice as
required in LCC 921.305, and also to all land
owners within the specified distance along the
entire length of the easement.
(G)  If the Director determines that a Land
Development Code interpretation, while not
specific to a particular property, could have an
impact on other properties in the area, notice will
be provided to those land owners.
(H)  No mailed notice to land owners is
required for legislative amendments to the Land
Development Code text or Comprehensive Plan
text.
(I)  If land subject to a land use application is
within an urban growth area and the urban growth
boundary management agreement between the
affected municipality and Linn County requires
notice to the municipality, then the Director shall
provide notice of the action to the affected munic-
ipality within 14 calendar days of deeming the
application complete.
(J)  Proof of publication required by this
Chapter shall be by affidavit.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.305 Initial application notice; landowner
(A)  Initial application notice of Type IIA
actions and hearings for Type IIIB actions gov-
erned by LCC 921.135 shall be provided to the
applicant and to owners of record of property on
the most recent property tax assessment roll where
such property is located:
(B)  Within 100 feet of the property which is
the subject of the notice where the subject prop-
erty is wholly or in part within an urban growth
boundary;
(C)  Within 250 feet of the property which is
the subject of the notice where the subject prop-
erty is outside an urban growth boundary and not
within an FCM, EFU or F/F zoning district; or
(D)  Within 1000 feet of the property which
is the subject of the notice where the subject
property is outside an urban growth boundary and
within an FCM, EFU or F/F zoning district.
(E)  Notice shall also be provided to any
neighborhood or community organization recog-
nized by the governing body and whose bound-
aries include the site.
[Adopted 98-002 ?3 eff 3/4/98; amd 02-313 ?2 eff 8/21/02]
921.307 Initial application notice; owner of an
airport
(A) Initial application notice of Type IIA
actions and hearings for Type IIIB actions gov-
erned by LCC 921.135 shall be provided to the
owner of an airport defined by the Department of
Transportation as a ?public use airport? if:
(1)  The name and address of the airport
owner has been provided by the Department of
Transportation to the county planning authority;
and
(2)  The property subject to the land use
hearing is:
(a)  Within 5,000 feet of the side or
end of a runway of an airport determined by the
Department of Transportation to be a ?visual
airport?; or
(b)  Within 10,000 feet of the side or
end of the runway of an airport determined by the
Department of Transportation to be an ?instru-
ment airport.?
(B)  Notwithstanding the provisions of sub-
section (A) of this section, notice of a land use
hearing need not be provided as set forth in sub-
section (A) of this section if the zoning permit
would only allow a structure less than 35 feet in
height and the property is located outside the
921 - 24 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
runway ?approach surface? as defined by the
Department of Transportation.
[Adopted 98-002 ?3 eff 3/4/98]
921.310 Type I initial application notice
The Director is not required to give notice for
a Type I procedure.
[Adopted 98-002 ?3 eff 3/4/98]
921.320 Type IIA initial application notice
(A) The Director shall give notice of a Type
IIA procedure in accordance with this section.
(B)  The Director is not required to provide
newspaper notice.
(C)  Within 14 calendar days after an applica-
tion is deemed complete and not less than 20
calendar days prior to making the decision, the
Director shall provide written notice meeting the
requirements of LCC 921.350 to surrounding land
owners as specified in LCC 921.305 and 921.307,
and to agencies, districts and cities determined by
the Director to be affected by or to have an inter-
est in the application.
[Adopted 98-002 ?3 eff 3/4/98]
921.330 Type IIIA initial application notice
(A)  Not less than 20 calendar days prior to
the first hearing on a Type III application set
before the Commission or the Board, the Director
may, if determined expedient by the Director,
provide written notice meeting the requirements
of LCC 921.350 to surrounding land owners as
specified in LCC 921.305 and 921.307 and to
agencies, districts and cities determined by the
Director to be affected by or to have an interest in
the application.
(B)  Notice meeting the requirements of LCC
921.355 shall be published in a newspaper of
general circulation not less than 20 calendar days
prior to the date of the public hearing.
[Adopted 98-002 ?3 eff 3/4/98]
921.335 Type IIIB initial application notice
(A)  Not less than 20 calendar days prior to
the first evidentiary hearing on a Type IIIB appli-
cation, the Director shall provide written notice
meeting the requirements of LCC 921.350 to
surrounding land owners as specified in LCC
921.305 and 921.307 and to agencies, districts and
cities determined by the Director to be affected by
or to have an interest in the application.
(B)  Notice meeting the requirements of LCC
921.350 shall be published in a newspaper of
general circulation not less than 20 calendar days
prior to the date of the public hearing.
[Adopted 98-002 ?3 eff 3/4/98]
921.340 Rescheduled hearings; notice
In the event a public hearing must be resched-
uled, sufficient notice shall be deemed to exist:
(A)  if notice is posted on the door of the
scheduled meeting room advertising the cancella-
tion and the date, time, and place for the resched-
uled meeting; and
(B)  if reasonable attempts are made prior to
the scheduled hearing to announce the cancella-
tion and rescheduling to applicants and known
interested parties by direct communication and to
the general public through available news media.
[Adopted 98-002 ?3 eff 3/4/98]
921.350 Content of initial application notice
(A)  Initial application notice required under
LCC 921.300 to 921.370 shall comply with this
section.
(B) Content of the Notice. One of the pur-
poses of the initial application notice is to provide
the information required by ORS 197.763 (5).
Toward that end, a copy of the notice shall also be
made available to those in attendance at the
commencement of any hearing under the Compre-
hensive Plan or Land Development Code. The
notice provided shall:
(1)  Explain the nature of the application
and the proposed use or uses which could be
authorized;
(2)  List the applicable criteria from the
ordinance and the plan that apply to the applica-
tion at issue;
(3)  Set forth the street address or other
easily understood geographical reference to the
subject property;
(4)  State the date, time and location of
the hearing;
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 25
Distribution Run time: April 4, 2003 (10:36:59am)
 (e) State that failure of an issue to be raised
in a hearing, in person or by letter, or failure to
provide statements or evidence sufficient to afford
the decision maker an opportunity to respond to
the issue precludes appeal to the board based on
that issue;
(5)  Be mailed at least:
(a)  Twenty calendar days before the
evidentiary hearing; or
(b)  If two or more evidentiary
hearings are allowed, 10 calendar days before the
first evidentiary hearing;
(6)  Include the name of a local govern-
ment representative to contact and the telephone
number where additional information may be
obtained;
(7)  State that a copy of the application,
all documents and evidence submitted by or on
behalf of the applicant and applicable criteria are
available for inspection at no cost and will be
provided at reasonable cost;
(8)  State that a copy of the staff report
will be available for inspection at no cost at least
seven calendar days prior to the hearing and will
be provided at reasonable cost; and
(9)  Include a general explanation of the
requirements for submission of testimony and the
procedure for conduct of hearings.
(10)  the applicant?s name and the land
owner if different from the applicant;
(11)  the applicable decision criteria;
(12)  the Department?s file number;
(13)  a statement that written evidence
and testimony may be presented at the public
hearing or written comments may be submitted to
the Director prior to the hearing;
(14) a reference to the Linn County
Assessment map and tax-lot number (s), and a
map identifying the property;
(15)  a statement that all testimony and
evidence submitted by a party must be directed
toward the specified criteria or other criteria in the
Comprehensive Plan, the Land Development
Code, or other criteria in the Oregon Administra-
tive Rules (OAR?s) which a party believes apply
to the decision;
(16)  A statement that a party may re-
quest and the hearing authority shall grant a
continuance of any public hearing;
(17)  a statement that a case on appeal to
the Commission or to the Board shall be heard de
novo and
(18)  a statement that in an appeal hear-
ing, any information previously submitted by any
party must be resubmitted by that party in order
for that information be considered on appeal.
[Adopted 98-002 ?3 eff 3/4/98]
921.355 Content of initial application notice by
publication
(A)  Initial application notice by publication
shall comply with this section.
(B) Content of the Notice. The notice pro-
vided shall:
(1)  Explain the nature of the application
and the proposed use or uses which could be
authorized;
(2)  List the applicable criteria from the
ordinance and the plan that apply to the applica-
tion at issue;
(3)  Set forth the street address or other
easily understood geographical reference to the
subject property;
(4)  State the date, time and location of
the hearing
(5)  the Department?s file number; and
(6)  a statement that written evidence and
testimony may be presented at the public hearing
or written comments may be submitted to the
Director prior to the hearing.
[Adopted 98-002 ?3 eff 3/4/98]
921.360 Additional required notice
(A)  The Director shall give additional notice
in accordance with the provisions of the appropri-
ate sections of this Development Code. Additional
notice includes but is not limited to the uses and
entities described in subsection (B).
(B)  Additional notice.
(1)  Subdivision replats. The Director
shall give to affected utility companies or public
agencies notice when a utility easement is propos-
ed to be realigned, reduced in width or omitted by
921 - 26 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
the replat. If a replat is proposed in an undevel-
oped subdivision described in ORS 92.225, notice
shall be provided at least 30 calendar days before
the date of decision or public hearing date. Notice
of a subdivision replat shall also be published in
a newspaper of general circulation in Linn
County.
(2)  Greenway compatibility. The Direc-
tor shall give to the Oregon State Parks Division
notice for all proposed Willamette River Green-
way Compatibility Reviews via certified mail,
return receipt requested. The Director shall give
notice of decision to the Oregon State Parks
Division via certified mail return receipt requested
for all Greenway compatibility reviews.
(3)  Historic resource. The Director shall
give to the Oregon State Historic Preservation
Office and to persons who have specifically
requested notice, notice of any demolition or
alteration of an historic resource.
(4)  Applications within the resource
zoning districts. The Director shall give to the
Department of Land Conservation and Develop-
ment (DLCD) notice of applications on land
within the resource zoning districts.
(5)  Comprehensive Plan map and text
changes, zoning map and text changes. The
Director shall give to the Department of Land
Conservation and Development (DLCD) notice of
Comprehensive Plan map and text changes and
zoning map and Land Development Code text
changes at least 45 calendar days prior to the first
evidentiary hearing on the proposal on requisite
forms. The notice shall include the date set for the
first evidentiary hearing.
(6)  Flood hazard. The Director shall
give to the Linn County Building Official notice
of applications on land affected by potential
flooding as identified on the Flood Insurance Rate
Maps (FIRM) for Linn County.
(7)  Notice to public agencies. The
Director shall give notice to public agencies,
consistent with LCC 921.370.
(8)  Requested notice. The Director shall
give to those who have requested notice in writ-
ing. The person so requesting notice is subject to
a notification fee covering costs of notification.
[Adopted 98-002 ?3 eff 3/4/98; amd 02-313 ?2 eff 8/21/02]
921.370 Intergovernmental notice
(A)  The Director shall give additional notice
in accordance with the provisions of the appropri-
ate sections of this Development Code. Additional
notice, includes but is not limited to the uses and
entities described in this section.
(B)  Additional intergovernmental notice.
(1) DLCD. The Director shall give to
DLCD notice of adoption or rejection of proposed
Land Development Code text, zoning map, Com-
prehensive Plan text and Comprehensive Plan
map amendments, on forms prescribed by DLCD,
within 5 calendar days of the Board?s decision.
(2)  Division of State Lands. The Director
shall give to the Division of State Lands (DSL)
notice of
(a)  land development applications
and development permits, including the installa-
tion of roadways, within 5 working days of receiv-
ing a complete application proposing development
in or on a potential jurisdictional wetland as
indicated on the National Wetlands Inventory
(NWI) Maps. 
(b)  Comprehensive Plan map or
Zoning Map amendment applications for proper-
ties that contain a potential jurisdictional wetland.
(c)  proposed land development
applications to mine land located within the beds
and banks of waters owned by the State of Oregon
shall be provided.
(3)  ODFW. The Director shall give to
Oregon Department of Fish and Wildlife notice of
proposed land development applications when the
land involved in a proposal is located within an
identified big game habitat area, contains sensitive
fish or riparian habitat or is located wholly or
partially within a Sensitive Bird Habitat Overlay
(see LCC 931.500 to 931.540 for additional notice
requirements).
(4)  DOGAMI. The Director shall give to
the Oregon Department of Geology and Mineral
Industries (DOGAMI) notice of proposed land
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 27
Distribution Run time: April 4, 2003 (10:36:59am)
development applications involving mining,
including the application of an Aggregate Re-
source Overlay to property within any zoning
district. The Director shall also give to DOGAMI
a copy of the staff report and the final land devel-
opment decision.
(5)  ODOA. The Director shall give to the
Oregon Department of Agriculture (ODOA)
notice of proposed land development applications
for pre-85 dwellings when an applicant has chal-
lenged the soils data for the property as deter-
mined in the Soil Survey of Linn County Area
Oregon, July, 1987. The ODOA shall review a
report submitted by an applicant and determine if
the report was prepared by a soil scientist whose
credentials are acceptable to the ODOA and
determine if the analysis in the report is soundly
and scientifically based (see LCC 928.300 to
928.599.
(6) ODOT. The Director shall give to the
Oregon Department of Transportation (ODOT),
Highway Division, notice of proposed land devel-
opment applications that would be adjacent to,
would access from or would have potential impact
upon a state highway or the interstate freeway.
(7)   ODOA. The Director shall provide
notice of all applications under LCC 928.320 (B)
(9) and 928.620 (B) (22) to the State Department
of Agriculture.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99; amd 99-156 ?3 eff
6/30/99]
E. MISCELLANEOUS PROCEDURES
921.400 Technical information provided by the
Director
(A)  The Director shall provide to the appli-
cant any technical information known by the
Director to be in the Department files at the time
of the application, that bears on the application set
forth in subsections (B) and (C). The applicant is
entitled to rely on that information in any decision
rendered.
(B)  Such technical information includes, but
is not limited to, the following: mass movement,
flood hazard, wildlife habitat, wetlands and sanita-
tion.
(C)  The Director shall make available to the
public any technical information provided to the
applicant under this section not later than 7 calen-
dar days prior to the first hearing on the applica-
tion or the final decision whichever is earlier.
[Adopted 98-002 ?3 eff 3/4/98]
921.430 Limitations of Re-filing of Application
No new application for the same or similar
land development shall be filed within one year of
the date of an earlier denial unless it is determined
by the Director that circumstances warrant a new
application.
[Adopted 98-002 ?3 eff 3/4/98]
921.450 Interagency Reviews
(A)  If an agency requests information on the
compatibility of a proposed use with the Compre-
hensive Plan or Land Development Code, the
Director shall comply with this section.
(B)  When presented with an application, the
Director shall review the request and respond.
(C) The Director may charge a fee for the
review as specified in the latest Linn County order
establishing a fee therefor.
(D)  The list of agencies and land develop-
ment activities includes, but is not limited to:
(1)  Department of Environmental Qual-
ity (DEQ) / Linn County Environmental Health.
(a)  The Director shall review land
development compatibility statements for Envi-
ronmental Health Program and DEQ. Compatibil-
ity statements for site evaluations can be signed as
?inconsistent? prior to land development approv-
als. Until land development approval is granted,
only repair permits may be issued.
(b)  For properties that require the
use of a holding tank or require a Water Pollution
Control Facilities (WPCF) permit from DEQ, the
Director shall coordinate the issuance of building
permits with DEQ. Building permits shall not be
issued by the Director until DEQ is able to issue
the holding tank permit or the WPCF permit.
(2)  Division of State Lands (DSL). The
Director shall review applications from DSL and
921 - 28 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
the U.S. Army Corps of Engineers for proposed
mining or bank stabilization within the beds and
banks of waters owned by the State of Oregon.
The compatibility statement is marked as appro-
priate and returned to the agency.
(3)  Oregon Water Resources Depart-
ment (OWRD). The Director shall review applica-
tions from the OWRD for new water rights or the
transference of water rights. The review provides
the opportunity for coordination of proposed land
developments which typically are farm-related and
allowed outright.
(4)  Department of Geology and Mineral
Industries (DOGAMI). The Director shall review
applications from DOGAMI that involve the
mining of land. The compatibility statement is
marked as appropriate and returned to the agency.
(5)  Department of Motor Vehicles
(DMV).
(a)  The Director shall review new
and renewal applications from the DMV for
dealers and rebuilders of vehicles. The DMV
application shall be submitted to the Director
along with the appropriate fee as specified in the
Fee Order. A site visit may be made. A decision
on the application shall be made within 30 calen-
dar days of receiving the application.
(b)  In reviewing the application, the
Director shall determine if the use complies with
the site development standards for such a use, any
conditions of approval previously included on the
use, or if the use is a recognized nonconforming
use, that the use has not expanded. If the Director
determines the site is not in compliance, the
application shall not be signed and the applicant
shall be notified. If it is determined that the site is
in compliance, the Director shall sign the DMV
application and either telephone the applicant or
mail the signed application to the applicant. 
(c)  The Director shall review new
and renewal applications for the Board from the
DMV for a wrecker of motor vehicles or a salvage
pool operator. The Director shall determine if the
use complies with the site development standards
for such a use, any conditions of approval previ-
ously included on the use, or if the use is a recog-
nized nonconforming use, that the use has not
expanded. A site visit is made and the Director
makes a written recommendation on the applica-
tion by the date established by Board.
(6)  Oregon Liquor Control Commission
(OLCC). The Director shall review applications
for the Board from the OLCC for liquor licenses
outside incorporated cities to determine if the use
will occur on land appropriately zoned for such a
use and if the property is in compliance with the
applicable zoning district standards. The Director
shall make a recommendation to the Board on
OLCC license applications. Restaurants outside
incorporated city limits are subject to this review.
Grocery stores are not subject to this review.
(7)  County Clerk. The Director shall
review applications from the County Clerk for
second hand and junk dealers. If the land is appro-
priately zoned for the use and has land develop-
ment approval or if the land is not zoned to allow
the use but the use is a lawful, nonconforming
use, the Director shall recommend approval.
(8)  Delayed Annexations. Development
of land covered by a delayed annexation agree-
ment shall be coordinated with the appropriate
city. Development permits shall not be authorized
by the Director unless the city determines that the
land is in compliance with the conditions and
requirements in the delayed annexation agree-
ment. The Director shall maintain an inventory of
properties affected by a delayed annexation agree-
ment.
[Adopted 98-002 ?3 eff 3/4/98]
II. LAND DEVELOPMENT PERMITS
A. DEVELOPMENT PERMIT APPLICATIONS
921.500 Applications for land development
permits; requirements; generally
(A)  The Department shall not accept an
application for a development permit or issue a
permit authorizing development on any land that
is not an authorized unit of land.
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 29
Distribution Run time: April 4, 2003 (10:36:59am)
(B)  The Director or Hearing Authority may
issue a development permit only for an authorized
unit of land and only for uses or structures permit-
ted through the provisions of this Development
Code.
(C)  The Director or Hearing Authority shall
not issue any development permits for any unit of
land determined to be part of an existing violation
of any provision of this Development Code or any
other provision of the Linn County Code, whether
accidental or intentional, regardless of the time
and conditions of the violation, unless the viola-
tion will be remedied by the review process.
(D)  Any unit of land which is a part of an
original larger unit of land or tract which is in
violation of the Land Development Code shall
also be subject to that violation, regardless of the
time and conditions of the creation and convey-
ance of such unit of land.
(E)  Except as authorized in subsection (F) of
this section, no development permits shall be
authorized until such time as the alleged violation
has been verified, and either found to be without
merit or the violation has been remedied.
(F)  A development permit may be authorized
if:
(1)  the Building Official determines that
an imminent hazard to the public health, safety or
welfare exists and then only for those building
permits needed to resolve the hazardous situation;
or
(2)  when the Director or Hearing Au-
thority determines that issuing a permit would
remedy the violation.
(G)  No person shall develop land in a man-
ner not prescribed by the Land Development
Code.
(H)  No person shall initiate any land devel-
opment proposal that is subject to review under
this Chapter unless that person first makes appli-
cation and obtains approval for that development
in compliance with the provisions of this Chapter.
(I)  Applicants shall meet or exceed the
minimum procedures, criteria and standards of
this Development Code in order to meet the land
use planning provisions controlling partitions,
subdivisions, development, land use, and property
line adjustments.
(J)  No person may in any manner not in
compliance with the procedures and regulations
established in this Development Code:
(1)  locate, construct, maintain, repair,
alter or use a building or other structure; or
(2)  use, develop, adjust property lines,
partition or subdivide land or create a road neces-
sary to permit the division of land.
[Adopted 98-002 ?3 eff 3/4/98]
921.510 Development permits requiring an
application
(A)  The actions set forth in subsection (B)
require a development permit approved pursuant
to this Chapter.
(B)  Development requiring a permit.
(1)  Type IA and Type IB development
permits where no discretion is involved resulting
in the issuance of a building or an EHP permit;
(2)  Use of a recreational vehicle as a
temporary dwelling;
(3)  Alteration, restoration, or replace-
ment of lawfully established dwellings;
(4)  Temporary storage of a manufac-
tured dwelling;
(5)  Road approach (access to a public
road);
(6)  Development of a residential site;
(7)  Development of a commercial or
industrial site;
(8)  Variance from property development
standards;
(9)  Land divisions:
(a)  Partitions:
(i)  which require the creation of
a road, flag-lot or an easement;
(ii)  which do not require the
creation of a road, flag-lot, or recognition of an
easement;
(iii)  requiring prior authoriza-
tion granted under LCC 924.500 to 924.800;
(b)  Subdivisions
(i)  preliminary plat approval,
and
921 - 30 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
(ii)  final plat approval;
(10)  Property line adjustments;
(a)  requiring discretion
(b)  meeting objective standards;
(11)  Nonconforming use, including an
alteration of a nonconforming use;
(12)  Conditional use permits;
(13)  Creation of a mortgage-lot;
(14)  Recognition of an easement;
(15)  Parking of seven log trucks on land
in an EFU zoning district;
(16)  Development reviews within a
Sensitive Bird Habitat Overlay (SBHO); and
(17)  Any other action which is deter-
mined by the Director to require approval of a
development permit pursuant to the Land Devel-
opment Code.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.520 Persons authorized to submit develop-
ment permit applications
Applications for developments set forth in
LCC 921.510 may be submitted only by the
following persons:
(A)  The owner or contract purchaser of
record of any existing authorized unit of land, or
a representative of the owner or contract purchaser
of record having written authorization which
specifically sets forth the land development
proposal (s) for which the representative is autho-
rized to apply, and
(B)  The Director may initiate on behalf of
any public agency applications for proposals
intended to be located on property which that
public agency owns or intends to own.
[Adopted 98-002 ?3 eff 3/4/98]
921.530 Grading permit required
A grading permit may be required from the
Building Official pursuant to LCC Chapter 850
(Fill and Excavation Code).
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.530 Permit for development in the EFU,
F/F, or FCM; expiration date and
extensions
(A)  Except for a partition or a subdivision, a
discretionary decision in the EFU, F/F, or FCM
zoning districts is void two years from the date of
the final decision if the development action is not
initiated in that period.
(B)  One, 12-month extension may be granted
upon written request submitted prior to the expira-
tion of the approval period. The request shall state
the reasons that prevented the applicant from
beginning or continuing development within the
approval period. If the Department determines that
the applicant was unable to begin or continue
development during the approval period for
reasons for which the applicant was not responsi-
ble, then an extension shall be granted.
[Adopted 98-002 ?3 eff 3/4/98]
B. DEVELOPMENT PERMITS FOR MINING;
GENERALLY
921.540 Definitions
The definitions set forth in LCC 939.030
apply to LCC 921.541 to 921.569.
[Adopted 99-156 ?3 eff 6/30/99]
921.541 Development permit for mining gener-
ally
(A) Sites not approved for mining. The
Director shall not issue a development permit
under this Subchapter if the site is on Appendix 3
(Possibly Significant Site) in LCC Chapter 905
(Land Use Element Code).
(B)  No person may initiate or engage in
mining of aggregate without, or in non-compli-
ance with, a development permit issued under
LCC 921.552 or 921.562.
(C)  A person who initiates or engages in
mining without a development permit approving
mining is in violation of the Land Development
Code.
(D)  A person who initiates or engages in
mining in a manner that does not comply with the
requirements imposed by the permit, or of any
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 31
Distribution Run time: April 4, 2003 (10:36:59am)
requirements imposed by LCC Chapter 939
(Mining Permit and Uses Code) or by LCC
921.560 to 921.569 or by the provisions of LCC
Chapter 905 (Land Use Element Code) applicable
to that site is in violation of the Land Develop-
ment Code.
(E) The violations described in this section
are subject to LCC Chapter 240 (Enforcement
Code).
[Adopted 99-156 ?3 eff 6/30/99]
921.542 Expansion sites
(A) The County shall allow a currently ap-
proved aggregate processing operation at an
existing site to process material from one of the
sites set forth in subsection (B) of this section
without requiring a re-authorization of the existing
processing operation unless limits on such pro-
cessing were established at the time it was ap-
proved.
(B) The sites described in subsection (A) are:
(1)  an expansion site; or
(2)  a new site:
(a)  on the same property on which
the existing site is located; or
(b)  on an adjacent property which is
under the control or ownership of the owner of the
existing site.
[Adopted 99-156 ?3 eff 6/30/99 (OAR 660-023-0180 (6)]
921.543 Initiation of mining
(A)  The operator shall initiate the mining of
aggregate under a development permit issued
pursuant to LCC 921.552 or 921.562 within the
time period identified in LCC 920.400 (B) (1).1
(B) If the owner or operator does not initiate
development within the time period set forth in
subsection (A) of this section the owner or opera-
tor may apply to the Director for an authorization
to initiate mining.
(C)  If mining is not initiated within the time
period set forth in this section, the operator may
not initiate or engage in mining at the site unless
the operator first obtains a new authorization to
initiate mining following the review as described
in this section.
(D)  For a development permit issued under
LCC 921.552 for which mining has not been
initiated within the time period set forth in this
section, review to re-authorize the initiation of
mining shall consider only the factors identified in
this subsection.
(1)  If the proposed re-authorization does
not represent a change in the previous mining
permit, the development permit shall comply with
the provisions of LCC 921.522 to 921.556.
(2) If the proposed re-authorization
represents a change in the previous mining permit,
and such change results in a new conflict or
greater conflict not previously analyzed under
LCC 939.130(B):
(a) The review to authorize the
development permit shall consider only new
conflicts or greater conflicts not previously ana-
lyzed under LCC 939.130(B);
(b) The review to authorize the
development permit shall consider only those
factors set forth in LCC 939.130(B) (4) pursuant
to the process set forth in LCC 939.140; and
(c) The development permit shall
comply with the provisions of LCC 921.552 to
921.556.
(E)  For a development permit issued under
LCC 921.562 for which mining has not been
initiated within the time period set forth in this
section, no mining may be initiated unless a new
development permit has been first applied for and
obtained.
[Adopted 99-156 ?3 eff 6/30/99; amd 2000-119 ?1 eff 3/28/00]
921.544 Performance and development stan-
dards
(A)  The minimum standards set forth in LCC
934.350 to 934.359 shall apply to the establish-
ment, maintenance and operation of a mining area
1Currently, aggregate CUPs are treated the same as
any other CUP where initiation is concerned (two years to
initiate plus a one-year extension upon request). This would
continue that precedent and extend the policy to mining
permits for aggregate sites within the ARO.
921 - 32 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
that is subject to a development permit issued
under LCC 921.552 or 921.562.
(B) The measures, conditions, and regulations
approved under LCC 939.200.
(C)  The decision maker may, at its discre-
tion, provide additional performance or develop-
ment standards on the mining permit and mining
operation.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-156 ?3 eff 6/30/99]
921.545 Removal of structures and equipment
When mining is completed, all equipment,
refuse, buildings and structures not related to the
final use shall be removed from a mining area that
is subject to a permit issued under LCC 921.552
or 921.562. The mining area shall be left free of
debris.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-156 ?3 eff 6/30/99]
921.546 Final use
(A) Each mining area subject to a permit
issued pursuant to LCC 921.552 shall be
reclaimed to a final use as set forth in LCC
933.190 (C).
(B)  Each mining area subject to a permit
issued pursuant to LCC 921.562 shall be
reclaimed to a final use as set forth in LCC
933.190 (B).
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 10/21/98; amd 99-156 ?3 eff
6/30/99]
[921.547 to 921.551 is reserved for future use]
C. DEVELOPMENT PERMITS FOR MINING OF
SITES RECEIVING GOAL 5 PROTECTION
921.552 Development permit for mining of
sites receiving Goal 5 protection
(A) The Director shall issue a development
permit authorizing the initiation of mining if a
determination was made that the site is a signifi-
cant site under LCC 939.120 and is a site listed on
or after September 1, 1996 on:
(1)  Appendix 5 in LCC Chapter 905 (a
site without conflicts); or
(2) Appendix 6 in LCC 905 (all conflicts
have been minimized; or
(3)  Appendix 8 in LCC 905 (based on an
ESEE analysis the site is to receive Goal 5 protec-
tion and to be approved for mining with or with-
out limitations).
(B)  A permit authorizing the initiation of
mining of a significant site listed on Appendix 6
or 8 in LCC Chapter 905 shall be subject to:
(1)  any required measures, conditions
and regulations approved in LCC 939.200; and
(2)  a condition that mining may not be
initiated or conducted unless in compliance with
a site development plan approved by the decision
maker; and
(3)  a condition that the owner and
operator comply with the program adopted to
protect the resource.
(C)  Any conditions imposed on the permit
issued pursuant to this section shall be clear and
objective whether imposed by this Code, the
Comprehensive Plan, the process that leads to
minimization of all significant conflicts, or by an
ESEE analysis.
[Adopted 99-156 ?3 eff 6/30/99 (OAR 660-023-0180 (6)]
921.556 Additional land use review
(A)  The decision maker, in making a deter-
mination under LCC Chapter 939 pursuant to the
Goal 5 process, may consider the additional land
use review factors set forth in subsection (B) of
this section.
(B)  Additional land use review authorized by
this section and by LCC 921.544 shall not:
(1)  exceed the minimum review neces-
sary to assure compliance with the requirements in
LCC 939.200 pertaining to the site under review.
(2)  provide opportunities to deny mining
for reasons unrelated to these requirements, or to
attach additional approval requirements, except
with regard to mining activities:
(a)  not requested in an application
filed under LCC Chapter 939; or
(b)  for which the Plan amendment
application does not provide information suffi-
cient to determine clear and objective measures to
resolve identified conflicts; or
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 33
Distribution Run time: April 4, 2003 (10:36:59am)
(c)  for which a significant change to
the type, location, or duration of the activity
shown on the Plan amendment application is
proposed by the operator.
[Adopted 99-156 ?3 eff 6/30/99 (OAR 660-023-0180 (4) (e)]
[921.557 to 921.559 is reserved for future use]
D. DEVELOPMENT PERMITS FOR SITES NOT
RECEIVING GOAL 5 PROTECTION
921.560 Statement of purpose
The purpose of LCC 921.560 to 921.569 is to
allow for the development and utilization of
aggregate resources not protected by Goal 5 while
providing guidelines for conditions to be applied
to the mining of the aggregate. These conditions
are designed:
(A)  to provide reasonable protection to
neighboring properties,
(B) to minimize undesirable effects, and
(C) to result in the reclamation, rehabilitation
and the ultimate beneficial reuse of the property
for land uses which will be compatible with the
surrounding activities.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 10/21/98; amd 99-156 ?3 eff
6/30.99]
921.562 Development permit for mining of
sites not receiving Goal 5 protections
(A)  The Director may issue a development
permit for a site that:
(1)  is listed on Appendix 4 (non-signifi-
cant site) in LCC Chapter 905 (Land Use Element
Code) and the decision maker has approved the
issuance of a development permit under LCC
921.560 to 921.569, or
(2)  is listed on Appendix 10 (significant
site but based on an ESEE analysis conducted
under LCC 939.150 is not to receive Goal 5
protection) in LCC Chapter 905 and the decision
maker has approved the issuance of a develop-
ment permit under LCC 921.560 to 921.569, or
(3) is listed before September 1, 1996, on
Appendix 5 (no conflicts), or Appendix 8 (Goal 5
protections based on ESEE analysis).
(B) A permit issued under this section must
comply with LCC 921.560 to 921.569.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 10/21/98; amd 99-156 ?3 eff
6/30/99]
921.564 Decision criteria
(A) Approval to issue a permit to mine a site
described in LCC 921.562 shall be based on
compliance with all the decision criteria described
in subsection (B) of this section.
(B)  Decision criteria.
(1) LCC 933.310.
(2) The site is listed on one of the appen-
dices as described in LCC 921.562.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 10/21/98; amd 99-156 ?3 eff
6/30/99
921.568 Permit issuance and renewal
(A)  A permitee holding a development
permit issued under LCC 921.562 shall comply
with the performance standards of LCC 921.544,
in addition to any conditions established by the
decision maker.
(B)  Except as otherwise provided in LCC
921.960, a development permit issued by the
Director to mine under LCC 921.562 pursuant to
which mining has been initiated in compliance
with LCC 920.400 (B) (1) shall be valid until the
DOGAMI or DSL permit expires.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 10/21/98; amd 99-156 ?3 eff
6/30/99]
[921.569 is reserved for future use]
III. DEVELOPMENT CODE INTERPRE-
TATIONS
A. CODE INTERPRETATION APPLICATIONS
921.600 Statement of purpose
(A)  The purpose of LCC 921.600 to 921.670
is to provide a procedure for interpretation of the
Land Development Code. The Board has adopted
the Comprehensive Plan and the Land Develop-
ment Code after duly and regularly noticed and
advertised public hearings and opportunity for
public comment. Respective portions of the Land
921 - 34 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
Development Code were adopted and amended
following duly and regularly noticed and adver-
tised public hearings and opportunity for public
comment as the respective legislative and quasi-
judicial procedure required. An interpretation is a
declaration of what the Board meant at the time of
the adoption or amendment.
(B)  The Board hereby authorizes the Director
to interpret the Land Development Code adopted
by the Board.[Adopted 98-002 ?3 eff 3/4/98]
921.610 Authority for interpretation
(A)  Subject to subsection (B) of this section,
the Director shall be responsible for interpreting
the Land Development Code if, in its administra-
tion, a question of interpretation or its applicabil-
ity arises.
(B)  If the Director refers the application to
the Board pursuant to LCC 921.640 (C), the
Board shall decide the question of interpretation
or applicability of a Land Development Code.
[Adopted 98-002 ?3 eff 3/4/98]
921.620 Application for a Development Code
interpretation
(A)  An application for a code interpretation
may be filed with the Director when:
(1)  a word, text, or application of the
Development Code is determined by the Director
to be unclear or ambiguous; or
(2)  an application is filed involving a
determination described in LCC 921.625.
(B)  The person requesting an interpretation
shall file an application:
(1) that complies with LCC 921.040, or
(2) on a form approved by the Director.
The person requesting an interpretation shall make
the request in writing and submit the appropriate
fee.
(C)  The Director shall classify an application
filed pursuant to this section as a Type IIB appli-
cation.
[Adopted 98-002 ?3 eff 3/4/98]
921.622 Person authorized to file an applica-
tion for a Development Code interpre-
tation
Any person may file an application seeking
an interpretation of the Land Development Code.
[Adopted 98-002 ?3 eff 3/4/98]
921.625 Review of similar uses
(A)  The Director may permit, in any zoning
district, any use not specifically described or listed
in any other zoning district if, in the opinion of the
Director, the requested use is
(1)  of the same general type, and
(2)  is similar to uses permitted in the
subject zoning district.
(B) The similar use shall be consistent with
the statement of purpose of the subject zoning
district.
(C)  This similar-use review and decision
shall be made in the same manner as other inter-
pretations of this Development Code.
[Adopted 98-002 ?3 eff 3/4/98]
B. CODE INTERPRETATION NOTICE
921.630 Type IIB initial application notice
The Director is not required to give initial
application notice for a code interpretation.
[Adopted 98-002 ?3 eff 3/4/98]
C. CODE INTERPRETATION PROCEDURE
921.640 Type IIB Development Code interpre-
tations; procedure
(A)  A Type IIB application shall be reviewed
and decided in compliance with the procedure
provided in this section.
(B)  At the Director?s discretion, a Type IIB
application requesting an interpretation may be
reclassified as a Type IIIB action and referred to
the Board. If a Type IIB application is so referred
by the Director to the Board for its review, the
Board shall review and decide the application
under LCC 921.135.
(C)  The interpretation of the Director or
Board shall not violate the intent or provisions of
the Comprehensive Plan or the Land Develop-
ment Code.
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 35
Distribution Run time: April 4, 2003 (10:36:59am)
(D)  Decision.
(1)  The Director shall, within 90 calen-
dar days of deeming an application complete:
(a)  deny the application, if the
findings of fact do not satisfy all the criteria, or
(b)  approve the application if the
findings and conclusions satisfy all the criteria or
can be made to satisfy the criteria with conditions.
(2)  The Director shall issue a decision
on a Type IIB application. The decision shall be
based on and include findings of fact, applicable
Land Development Code criteria, and conclusions
to support the decision.
(3)  The Director shall make a decision
on the application based only on the evidence and
testimony in the record and on any information
that is customarily received by judicial notice.
(4)  The Director shall make a decision
on the application conforming to the requirements
of LCC 921.140.
(5)  The Director, or Board, shall issue an
interpretation in writing and shall base the inter-
pretation on the purpose and intent of the Compre-
hensive Plan and Land Development Code as
applied to the particular situation.
(E)  Doubt regarding interpretation. If the
Director determines that there is substantial doubt
regarding the proper interpretation, the Director
shall:
(1)  so state and provide the basis for the
doubt in writing;
(2)  submit the question and the Direc-
tor?s written basis for substantial doubt to the
Board; and
(3)  prepare a staff report for the Board
and the report will be available at least 7 calendar
days prior to the hearing.
(F) Role of County Counsel. The Director or
Board may refer the application to County Coun-
sel for research and an opinion of the matter.
[Adopted 98-002 ?3 eff 3/4/98]
921.650 Final decisions; form
The Director shall prepare a Type IIB inter-
pretation on a form approved by the Director.
[Adopted 98-002 ?3 eff 3/4/98]
921.660 Notice of decision (Type IIB); content
and distribution
(A)  Within 35 calendar days of a decision by
the Director, the Director shall give a notice of the
decision to the applicant, or to the land owner if
different from the applicant.
(B)  The Director shall prepare, sign and give
notice of decision of a Type IIB action in accor-
dance with this section.
(C) The Director shall give notice of decision
in the following situations:
(1) If the interpretation makes a use an
outright use; or
(2) If the interpretation would result in
requiring the applicant to file an application that
would not be a Type IIA or Type IIIB application.
(D) The Director shall give notice of decision
in compliance with LCC 921.300 to 921.350, if an
interpretation affects only a specific property or a
restricted or limited number of landowners notice
shall be given as provided in this subsection.
(E)  The Director may give notice of decision
in compliance with LCC 921.300 to 921.350, if an
interpretation has a general, county-wide impact,
rather than an impact only on a specific property
or a restricted or limited number of landowners.
(F)  Unless required by this section, notice of
decision to a surrounding landowner is not re-
quired to be provided unless such notice has been
specifically requested by that landowner.
(G)  Contents of the notice of decision for an
interpretation of the Development Code. The
notice of decision shall contain:
(1)  the name of the applicant;
(2)  the Department?s case file number;
(3)  the location of the property, if neces-
sary;
(4)  the Director?s decision on the matter;
(5)  the date the decision was made;
(6)  information on how and where to
inspect and to obtain a copy of the decision;
(7)  a statement that the decision may be
appealed to the Board by the applicant, or a party
with standing, if any, within 14 calendar days of
the date of the decision letter by filing a notice of
intent to appeal with the Department;
921 - 36 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
(8)  a statement that the notice of intent
to appeal shall:
(a)  be in writing;
(b)  identify with particular specific-
ity the inadequacies, omissions or errors made by
the decision maker; and
(c)  be accompanied by the appropri-
ate appeal fee; and
(9)  a statement that, unless the decision
is appealed in compliance with LCC 921.670, the
decision is a final land use decision.
(H)  Distribution.
(1)  Within 5 working days of the deci-
sion, the Director shall give the notice of decision
to:
(a)  the applicant or the land owner
(s) if different from the applicant; and
(b)  all parties with standing, if any,
who have provided correct mailing addresses.
(2)  The Director shall give the final
decision to the applicant, or land owner if differ-
ent from the applicant.
[Adopted 98-002 ?3 eff 3/4/98]
D. CODE INTERPRETATION APPEALS
921.670 Type IIB Development Code interpre-
tations; appeal procedures
(A) An interpretation of the Land Develop-
ment Code made by the Director may be appealed
to the Board by a party adversely affected by the
interpretation.
(B)  If the Director has not made a decision
on a Type IIB application or has not referred it to
the Board within 14 calendar days of the sched-
uled decision date, the applicant may request that
the application be heard by the Board under LCC
921.135.
(C)  A notice of intent to appeal of a Type IIB
decision must be filed within 14 calendar days
after the date of a notice of decision. The notice of
intent to appeal shall state with sufficient specific-
ity why the interpretation is thought to be incor-
rect and shall be accompanied by the appropriate
fee.
(D) The Board shall hear an appeal of an
application for a Director interpretation of Land
Development Code pursuant to LCC 921.135.
(E)  On appeal, the Board may:
(1)  issue a final determination in the
matter;
(2)  find that the question is of a legisla-
tive nature and proceed in an appropriate manner;
(3)  find that there is insufficient infor-
mation to interpret the Land Development Code;
or
(4)  require the Director to study the
issue and provide additional information at a
subsequent hearing.
(F)  A copy of an interpretation not appealed
or one that is rendered by the Board following
appeal shall be provided to the Commission and
to Department staff for their information and use.
(G)  If necessary, Board interpretations shall
be incorporated into the Land Development Code
during the next appropriate amendment and shall
be implemented by the Director and Commission
during the interim.
[Adopted 98-002 ?3 eff 3/4/98]
IV. HISTORIC RESOURCES
PROCEDURES
921.700 Historic resources; applications
An application complying with LCC 921.040,
may be made for the following actions.
(A)  An application to remove an Historic
Resource Overlay (HRO).
(B)  An application to apply an Historic
Resource Overlay (HRO).
(C)  An application to alter or demolish an
historic resource on the Linn County Register of
Historic Resources.
[Adopted 98-002 ?3 eff 3/4/98]
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 37
Distribution Run time: April 4, 2003 (10:36:59am)
921.710 Historic resource; procedures
An application to remove an Historic Re-
source Overlay (HRO) shall be reviewed and
decided by a Type IIIA process.
(A)  An application to apply an Historic
Resource Overlay (HRO) shall be reviewed and
decided by a Type IIIB process.
(B)  An application to alter or demolish an
historic resource on the Linn County Register of
Historic Resources shall be reviewed and decided
by a Type IIIB process.
[Adopted 98-002 ?3 eff 3/4/98]
921.730 HRC review of applications for his-
toric resource properties
(A)  The Director shall review and initially
classify an application set forth in subsection (C)
of this section for review by the Historic Resource
Commission (HRC) as provided in LCC 932.900
to 932.990. 
(B)  The HRC shall review an application by
the level of review set forth in LCC 921.710.
(C)  The HRC shall make a recommendation
to the Commission approving or denying:
(1) application or removal of the Historic
Resource Overlay (HRO) designation, or
(2)  amending the HRO designation.
(D)  The recommendation in subsection (C)
shall be based on whether the application or
removal of the HRO would serve to retain the
integrity of the historic resource or on whether the
HRO designation should be amended.
(E) The HRC shall make a decision on an
application for alteration or demolition of an
historic resource on the Linn County Register of
Historic Resources.
(F)  When a qualifying historic dwelling is
habitable and the authorized unit of land is pro-
posed to apply an HRO, the dwelling does not
need a conditional use permit from the Depart-
ment or the Commission.
(G)  When an historic property which is not
habitable or which has been used for non-dwelling
purposes is proposed to be rehabilitated for or
converted to a dwelling, its establishment as a
dwelling requires approval under the Land Devel-
opment Code provisions for the underlying zoning
district from either the Department or the Com-
mission.
(H)  The HRC shall determine whether it is
appropriate to establish or remove the Historic
Resource Overlay (HRO) and to confirm the
underlying zoning designation if property is
removed from the HR Overlay.
(I)  Any proposed changes that would poten-
tially affect the exterior of a qualifying historic
dwelling shall be reviewed and approved by the
HRC before they are initiated. Such review and
approval shall be required as a condition of ap-
proval attached to the partitioning decision.
[Adopted 98-002 ?3 eff 3/4/98]
921.740 Board review of applications for his-
toric resource properties
The Director shall schedule a recommenda-
tion made by the HRC for final action by the
Board. The Board shall review and decide the
recommendation as follows:
(A)  A recommendation made by the HRC to
remove an Historic Resource Overlay (HRO) shall
be reviewed and decided by a Type IIIA process.
(B)  A recommendation made by the HRC to
apply an Historic Resource Overlay (HRO) shall
be reviewed and decided by a Type IIIA process.
(C)  An appeal of a decision made on an
application to alter or demolish an historic re-
source on the Linn County Register of Historic
Resources shall be reviewed and decided by a
Type IIIB process.
[Adopted 98-002 ?3 eff 3/4/98]
V. AMENDMENT PROCEDURES
921.800 Title; short titles
LCC 921.800 to 921.899 shall be known and
cited as the ?Linn County Land Use Amendment
Process Code.? LCC 921.800 to 921.899 may also
be referred to and cited as the ?Land Use Amend-
ment Code? or the ?Amendment Code.? 
[Adopted 98-002 ?3 eff 3/4/98]
921 - 38 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
A. LAND DEVELOPMENT CODE
921.802 Statement of purpose
The purpose of this LCC 921.800 to 921.849
is to provide criteria for decision and the neces-
sary procedures to take action on the Zoning Map
or Development Code text amendments that are
consistent with the provisions of the Comprehen-
sive Plan. These provisions are intended to pro-
vide the opportunity to amend or revise the Linn
County Land Development Code to meet changing
land use needs.
[Adopted 98-002 ?3 eff 3/4/98]
921.805 Authority to amend the Zoning Map
(A)  Amending the Zoning Map, e.g., chang-
ing boundaries of zoning districts, shall be made
only by the Board by ordinance adoption.
(B)  The amended map, when so adopted,
shall become a part of this Code.
(C)  One original Zoning Map shall be main-
tained in the Department.
(D)  A second original Zoning Map shall be
maintained in the County Clerk?s Office.
(E) Both original Zoning Maps shall be
continuously updated with the adopted text that
describes the changes to the Zoning Map.
[Adopted 98-002 ?3 eff 3/4/98].
921.810 Types of amendment applications
(A)  Application for amendment of the Land
Development Code may be initiated to amend the
Zoning Map, text or a combination of the Zoning
Map and text.
(B)  An amendment to the Development Code
may be a legislative Type IIIA action.
(C) An amendment to the Development Code
may be a quasi-judicial Type IIIB action.
(D)  A separate application to amend the
Zoning Map shall be required for each proposed
map designation. Approval of one application
shall not mandate approval of other applications.
The application may be consolidated for public
hearing purposes if the applications are interre-
lated and consolidation would expedite their
review.
(E)  An application to amend the Zoning Map
and text shall require at least two separate applica-
tions: one or more applications to amend the map
and one to amend the text. Approval of one appli-
cation shall not mandate approval of the other
application.
(F)  If an application to amend the Zoning
Map or text of the Land Development Code
necessitates a Plan Map or Plan text amendment,
the two applications may be consolidated into a
single public hearing.
[Adopted 98-002 ?3 eff 3/4/98].
921.812 Persons authorized to submit amend-
ment applications
(A)  An application to amend the Land Devel-
opment Code may be filed only by the persons set
forth in subsection (B).
(B) Persons having authority to file an appli-
cation.
(1)  The majority of the Board.
(2)  A recommendation by a majority of
the Commission.
(3)  The Director.
(4)  A city, if the amendment is requested
for land within an adopted urban growth bound-
ary.
(5)  A special district or school district if
the amendment is requested for land within the
district?s boundaries.
(6)  A land owner, for his or her land.
(7)  A group of land owners, for their
land.
(8)  A County resident for an application
to amend the text of the Land Development Code.
[Adopted 98-002 ?3 eff 3/4/98]
921.815 Application procedure
An application may be filed seeking an
amendment to the Land Development Code if the
application complies with the applicable require-
ments of LCC 921.002 to 921.499.
(A)  The Department shall not accept an
application for amendment of the Land Develop-
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 39
Distribution Run time: April 4, 2003 (10:36:59am)
ment Code if incomplete or incorrect information
has been submitted or if the applicant has failed to
attend a pre-application conference with the
planning staff.
(B)  A public hearing on an application to
amend the Land Development Code shall be set
no sooner than 42 calendar days following the
deeming of that application complete.
[Adopted 98-002 ?3 eff 3/4/98]
921.817 Pre-application conference
Prior to filing an application to amend the
Land Development Code, the applicant shall
attend a pre-application conference with the
planning staff pursuant to LCC 921.030.
[Adopted 98-002 ?3 eff 3/4/98]
921.820 Review procedure
An application seeking an amendment to the
Land Development Code shall be reviewed under
a Type IIIA procedure if the application is legisla-
tive, or a Type IIIB procedure if the application is
quasi-judicial.
[Adopted 98-002 ?3 eff 3/4/98]
921.822 Decision criteria for Zoning Map
amendments
(A)  When a Zoning Map or Land Develop-
ment Code text amendment is necessary due to a
proposed Comprehensive Plan amendment, only
findings and conclusions responding to the Com-
prehensive Plan amendment criteria for decision
are necessary to amend the Zoning Map or Code
text provisions.
(B)  Except as stated in subsection (A) and
LCC 921.824, a Zoning Map amendment from
one zoning district to another may be granted if on
the basis of the application, investigation, testi-
mony and evidence submitted, findings and
conclusions show that all of the following condi-
tions exist:
(1)  The presence of development limita-
tions including but not limited to geologic haz-
ards, natural hazards, water quality and quantity
and septic suitability, do not significantly ad-
versely affect development permitted in the
proposed zoning district;
(2)  The amendment will result in a
development pattern having no significant adverse
impact upon transportation facilities, police and
fire protection, storm drainage facilities or the
provision of other regional public facilities;
(3)  The amendment will result in a
development pattern compatible with uses on
nearby lands and will have no significant adverse
impact on the overall land use pattern in the area;
(4)  The amendment is consistent with
the intent and purpose statement of the proposed
zoning district;
(5)  The amendment is consistent with
the existing Comprehensive Plan map designa-
tion;
(6)  The amendment will not have a
significant adverse impact on a sensitive fish or
wildlife habitat; and
(7)  The amendment, if within an adopted
urban growth boundary, is consistent with the
Comprehensive Plan and implementing ordi-
nances of the affected city.
[Adopted 98-002 ?3 eff 3/4/98]
921.824 Decision criteria for Development
Code text amendments
(A)  A Land Development Code text amend-
ment may be granted if on the basis of the applica-
tion, investigation, testimony and evidence sub-
mitted, findings and conclusions show that:
(1)  The amendment is consistent with
the intent and purpose statement of the affected
Chapter or subchapter of the Land Development
Code; and
(2)  The amendment is consistent with
the intent of the policies within the applicable
section (s) of the Comprehensive Plan.
[Adopted 98-002 ?3 eff 3/4/98]
921.830 Intent to Re-zone
(A)  An order of intent to re-zone shall be
adopted by the Board only when the criteria for
decision have been met.
(B)  If it is determined that a Zoning Map
amendment application would comply with the
general purpose of the Land Development Code
should the land in question be developed as
921 - 40 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
proposed, the Board shall indicate general ap-
proval in the form of an order entitled ?Order of
Intent to Re-zone.?
(C)  The order of intent shall include any
conditions, stipulations or limitations which are
necessary to safeguard the public interest and to
insure consistency with the intent, purposes and
criteria of the Land Development Code.
(D)  Approved site plans for land covered by
an ?Order of Intent to Re-zone? may be amended
or abandoned with the approval of the Board. No
other changes constituting a departure from the
approved site plan shall be made, except by
amendment as herein provided unless the property
has been released from the site plan requirement.
(E)  The applicant must meet all conditions,
stipulations and limitations stated in the order
within 12 months of the effective date of decision
unless a different approval period is prescribed. If
not completed within the approval period, the
order shall become null and void unless, prior to
the expiration of the approval period, an applica-
tion to extend the approval period has been sub-
mitted and approved.
(F)  The Director may grant one extension for
up to 12 months. Any conditions deemed neces-
sary for the implementation of this Land Develop-
ment Code may be established as part of the
extension. All extension requests exceeding 12
months in length and extension requests that are in
addition to an extension granted by the Director
shall be reviewed by the Board. Any conditions
deemed necessary for the implementation of the
Land Development Code may be established as
part of the extension.
(G)  Upon fulfillment of all conditions,
stipulations and limitations contained in the Order
of Intent to Re-zone, the order shall become
binding for final approval. An ordinance adopting
the map amendment shall be signed completing
the re-zone.
[Adopted 98-002 ?3 eff 3/4/98]
921.840 Appeal procedures
An appeal of an approval of amendment to
the Comprehensive Plan shall comply with LCC
921.200 to 921.260.
[Adopted 98-002 ?3 eff 3/4/98]
B. COMPREHENSIVE PLAN
921.850 Statement of purpose
The purpose of LCC 921.850 to 921.899 is to
provide procedures and criteria for the amendment
of the Comprehensive Plan. These provisions are
intended to provide the opportunity to amend the
plan to meet changing land use needs.
[Adopted 98-002 ?3 eff 3/4/98]
921.855 Authority to amend the Comprehen-
sive Plan Map
(A)  Amending the Comprehensive Plan map,
e.g., changing boundaries of map designations,
shall be made only by the Board by ordinance
adoption. The amended map, when so adopted,
shall become a part of this Development Code.
(B)  One original Comprehensive Plan map
as amended shall be maintained in the Depart-
ment.
(C)  A second original Comprehensive Plan
map shall be maintained in the Clerk?s Office.
(D) Both original Comprehensive Plan maps
shall be continuously updated with the adopted
text that describes the changes to the Comprehen-
sive Plan map.
[Adopted 98-002 ?3 eff 3/4/98].
921.860 Persons authorized to submit amend-
ment applications
(A)  An application to amend the Comprehen-
sive Plan may be filed only by the persons set
forth in subsection (B).
(B) Persons having authority to file an appli-
cation.
(1)  The majority of Board.
(2) A recommendation of a majority of
the Commission.
(3)  The Director.
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 41
Distribution Run time: April 4, 2003 (10:36:59am)
(4)  A city, if the amendment is request
for land within an adopted urban growth bound-
ary.
(5)  A special district or school district,
if the amendment is requested for land within the
district?s boundaries.
(6)  A landowner for the landowner?s
property.
(7)  A group of landowners for their
property.
(8)  County resident for Plan text amend-
ment only.
[Adopted 98-002 ?3 eff 3/4/98
921.862 Types of amendment applications
(A)  Application for amendment of the
Comprehensive Plan may be initiated to amend
the Plan map, Plan text, or a combination of the
Plan map and text.
(B)  An amendment to the Comprehensive
Plan may be a legislative Type IIIA action.
(C) An amendment to the Comprehensive
Plan may be a quasi-judicial Type IIIB action.
(D)  A separate application to amend the Plan
map shall be required for each proposed map
designation. Approval of one application shall not
mandate approval of other applications. The
application may be consolidated for public hearing
purposes if the applications are interrelated and
consolidation would expedite their review.
(E)  An application to amend the Plan map
and text shall require at least two separate applica-
tions: one or more applications to amend the map
and one to amend the text. Approval of one appli-
cation shall not mandate approval of the other
application.
(F)  If an application to amend the Plan map
or text necessitates a Zoning Map or Land Devel-
opment Code text amendment, the two applica-
tions may be consolidated into a single public
hearing.
[Adopted 98-002 ?3 eff 3/4/98]
921.864 Application procedure
(A)  An application may be filed seeking an
amendment to the Comprehensive Plan if the
application complies with the applicable require-
ments of LCC 921.002 to 921.499.The Depart-
ment shall not accept an application for amend-
ment of the Comprehensive Plan if incomplete or
incorrect information has been submitted or if the
applicant has failed to attend a pre-application
conference with the planning staff.
(B)  A public hearing on an application to
amend the Comprehensive Plan shall be set no
sooner than 45 calendar days following the deem-
ing of that application complete.
[Adopted 98-002 ?3 eff 3/4/98]
921.866 Fees
(A)  In addition to the requirements of LCC
921.040, a fee shall be assessed in compliance
with subsection (B) for each application filed with
the Department to amend the Comprehensive
Plan.
(B)  Fees for amendments.
(1)  If a Comprehensive Plan amendment
necessitates a Zoning Map amendment, only the
Comprehensive Plan amendment fee shall be
charged;
(2)  In addition to the filing fee, the
applicant shall be assessed the cost of research,
duplication and mailing of public notices to
affected persons at a rate of $1.50 per required
notice
(3)  The filing fee shall apply to an
applicant listed under LCC 921.860 (B) (4) to (8).
(C)  The following provisions shall apply to
refunding of fees assessed for public hearing on a
Comprehensive Plan amendment:
(1)  If an application is withdrawn prior
to publication or mailing of public hearing notice,
the applicant?s full fee shall be refunded, less a
$50 non-refundable fee.
(2)  If an application is withdrawn after
publication or mailing of public hearing notice,
the applicant shall forfeit all fees.
(3)  If the date of public hearing is re-
scheduled at request of the applicant after publica-
tion or mailing of public hearing notice, the
applicant shall be assessed a $100.00 rescheduling
fee.
[Adopted 98-002 ?3 eff 3/4/98]
921 - 42 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
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921.868 Pre-application conference
Prior to filing an application to amend the
Comprehensive Plan, the applicant shall attend a
pre-application conference with the planning staff.
[Adopted 98-002 ?3 eff 3/4/98]
921.870 Review procedures
An application seeking an amendment to the
Comprehensive Plan shall be reviewed under a
Type IIIA procedure if the application is legisla-
tive, or a Type IIIB procedure if the application is
quasi-jucicial.
[Adopted 98-002 ?3 eff 3/4/98]
921.872 Decision criteria for Plan text amend-
ments
To approve a plan text amendment, the
following criteria shall be met:
(A)  The amendment is consistent with the
intent of the applicable section (s) of the Compre-
hensive Plan; and
(B)  The amendment is consistent with the
statewide planning goals.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
921.874 Decision criteria for Plan map amend-
ments
(A)  To approve a plan map amendment,
findings shall be made that:
(1)  The amendment is consistent with
and does not alter the intent of applicable section
(s) of the Comprehensive Plan;
(2)  The amendment will be compatible
with adjacent uses and will not adversely impact
the overall land use pattern in the area;
(3)  The amendment, if within an adopted
urban growth boundary, is in substantial confor-
mity with the Comprehensive Plan and imple-
menting ordinances of an affected city;
(4)  The amendment will not have a
significant adverse impact on a sensitive fish or
wildlife habitat;
(5)  The amendment will not have a
significant adverse impact upon the provision of
public facilities including police and fire protec-
tion, sanitary facilities and storm drainage facili-
ties;
(6)  The amendment will not have a
significant adverse impact upon the transportation
facilities;
(7)  The presence of any development
limitations including geologic hazards, flood
hazards or water quality or quantity will not have
a significant adverse affect on land uses permitted
through the amendment;
(8)  An exception to the statewide plan-
ning goals is not required. If required, then find-
ings have been prepared to meet the exception
criteria; and
(9)  The amendment is consistent with
the statewide planning goals.
[Adopted 98-002 ?3 eff 3/4/98]
921.876 Decision criteria for combined Com-
prehensive Plan and Land Develop-
ment Code amendments
When an application involves an amendment
to the Comprehensive Plan and to the Land De-
velopment Code, each amendment shall be subject
to the respective criteria. When a criterion is
addressed under one amendment, that criterion
need not be addressed again under the other
amendment.
[Adopted 98-002 ?3 eff 3/4/98]
921.890 Appeal procedures
An appeal of an approval of amendment to
the Comprehensive Plan shall comply with LCC
921.200 to 921.250.
[Adopted 98-002 ?3 eff 3/4/98]
VI. ENFORCEMENT PROCEDURES
921.900 Acts of the director or the hearing
authority
For purposes of this Land Development
Code, a requirement that the Director or the
Hearing Authority do or refrain from doing an act
includes the Director or the Hearing Authority
causing that act to be done or not done.
[Adopted 98-002 ?3 eff 3/4/98]
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 43
Distribution Run time: April 4, 2003 (10:36:59am)
921.910 Administration of development code
(A)  The Director shall be responsible for the
administration and interpretation of the Land
Development Code.
(B)  The Building Official, prior to issuing
any permit pertaining to the use of land or struc-
tures or the erection or alteration of any structure,
shall ascertain that the proposed use or structure
shall, in all ways, conform to the requirements of
this Development Code.
(C)  A planning review fee shall be imposed
at the time of issuance of a building permit unless
the land use review associated with the pending
building permit has already occurred under sepa-
rate fee. The planning review fee shall be estab-
lished by the fee order.
[Adopted 98-002 ?3 eff 3/4/98]
921.920 Initiating or Starting Development
(A)  No person may initiate development
within 14 calendar days of a Director, Commis-
sion or HRC decision date. The exception to the
14-day period is when there is no party in a land
development review with standing to appeal a
decision. In that case, development may be initi-
ated within the 14-day period, provided all appli-
cable conditions and requirements of Land Devel-
opment Code have been met.
(B)  Unless a different period has been pre-
scribed, the construction or alterations authorized
by a land development decision must be initiated
within 24 months, or, when a land development
decision does not involve any construction or
alteration, the authorized activity must be started
within 24 months of the effective date of decision.
(C)  Unless otherwise specified,
(1)  Land development decisions shall be
void 2 years from the date of the final decision if
the development action is not initiated in that
period.
(2)  One, 12-month extension may be
granted upon written request submitted prior to
the expiration of the approval period. The request
shall state the reasons that prevented the applicant
from beginning or continuing development within
the approval period. If the Director determines
that the applicant was unable to begin or continue
development during the approval period for
reasons for which the applicant was not responsi-
ble, then an extension shall be granted. The exten-
sion of a conditional use permit is not a land use
decision.
(3)  If a permit is approved for a pro-
posed residential development on agricultural or
forest land outside of an urban growth boundary,
the permit shall be valid for four years.
(a)  An extension of a permit de-
scribed in paragraph (3) shall be valid for two
years.
(b) For purposes of this para-
graph,?residential development? includes only
the dwellings allowed under LCC 928.315 (B) (1),
928.325 (B) (7), 928.326 (B) (3), (4), (5), and (6),
928.336 (B) (1), 928.615 (B) (1), 928.617 (B) (2)
and (3), 928.625 (B) (7), 928.626 (B) (3), (4), (5),
and (6), 928.627 (B) (8), 928.628 (B) (1) and (2),
928.636 (B) and 928.915 (B) (2).
(D)  Ministerial decisions made with respect
to applications set forth in this subsection shall
remain valid for the times specified:
Action Valid for:
Partitions with recognized 
access 180 calendar days
Property line adjustments meeting
objective standards 180 calendar days
Step-one reviews of conditional
use permit applications for dwell-
ings in the EFU and FF zoning
districts
30 calendar days
(E)  No person may initiate development of a
property authorized by a development permit
issued under the Land Development Code unless
that person fulfills all conditions and requirements
imposed on a permit. A person may only initiate
development of a property authorized by a devel-
opment permit issued under the Land Develop-
ment Code if that person first fulfills all condi-
tions and requirements imposed on a permit, or if
the development permit authorizing development
was issued without any conditions or requirements
imposed on the permit. 
(F)  The satisfactory completion of all condi-
tions and requirements shall be so noted on the
921 - 44 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
face of the permit by signature of the Director and
date of approval.
[Adopted 98-002 ?3 eff 3/4/98;amd 02-313 ?2 eff 8/21/02]
921.930 Compliance with the Development
Code provisions; generally
Applications, interpretations and decisions
made under this Development Code shall comply
with:
(A)  The minimum requirements of this
Development Code;
(B)  The goals, policies and land use alloca-
tions of the Comprehensive Plan; and
(C)  Oregon Revised Statutes, Chapter 92
regulating land division, description, surveying
and sale; Chapter 197 regulating development and
implementation of comprehensive plans; Chapter
215 regulating county land use planning policies
and standards; and the applicable Oregon Admin-
istrative Rules.
[Adopted 98-002 ?3 eff 3/4/98]
921.950 Compliance with state and other local
regulations
(A)   Development subject to this Develop-
ment Code shall also require coordination and
compliance with the following regulations, as
applicable. Another Linn County ordinance cannot
allow a land use that is inconsistent with this
Development Code unless that use is specifically
exempted by the other ordinance.
(B)  The Linn County Ordinances set forth in
this subsection may have bearing on an applica-
tion filed under the Land Development Code:
(1)  Citizen Involvement Element of the
Linn County Comprehensive Plan,
(2)  LCC Chapter 940 (Floodplain Man-
agement Code),
(3)  Urban Growth Management Agree-
ments,
(4)  Historic Resource Protection Ele-
ment of the Linn County Comprehensive Plan,
(5)  LCC Chapter 850 (Fill and Excava-
tion Code )
(6)  LCC 532.400 to 532.900 (Nuisance
Code,
(7)  LCC Chapters 560 to 564 (Dog
Control Code),
(8)  LCC Chapter 240 (Code Enforce-
ment Code),
(9)  LCC Chapter 960 (Road Naming and
Addressing), and
(10)  All other applicable local ordi-
nances and Development Codes.
(C)  The Director coordinates land use deci-
sions with, among others, Environmental Health,
the Road Department and the Building Official.
(D)  The Linn County Agency Involvement
Program, which provides opportunity for com-
ment to all federal, state or local agencies poten-
tially affected by a proposed land use decision.
(E)  All other requirements and provisions
reasonably necessary to accomplish the purposes
of this Development Code.
(F)  All partitions, subdivisions and use of
land shall conform to all applicable development
standards specified in the pertinent zoning district
and to all applicable state and county regulations
regarding health, safety and sanitation.
[Adopted 98-002 ?3 eff 3/4/98]
921.960 Revocation of development authoriza-
tion
A permit or other approval granted pursuant
to the Land Development Code may be revoked if
the hearing authority finds that the permitee has:
(A)  materially misrepresented the intended
land development on the application or in testi-
mony or evidence that was relied upon by the
decision maker to make a determination approv-
ing the application; or
(B)  failed to establish, maintain, or otherwise
comply with the use or the development in accor-
dance with:
(1)  a condition of approval, or
(2)  a material provision of the autho-
rized plans or permit conditions.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/20/99]
921.965 Development permit revocation proce-
dure
(A)  The decision to revoke a land develop-
ment approval is subject to this section
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 45
Distribution Run time: April 4, 2003 (10:36:59am)
(B)  If the Director receives sufficient infor-
mation to indicate that the permitee has met any of
the conditions described in LCC 921.960, the
Director may, in addition to any process autho-
rized under LCC Chapter 240 (Enforcement
Code):
(1) Schedule a public hearing before the
Board to determine whether a permit should be
revoked for any condition described in LCC
921.960;
(2)  Notify the following persons of the
time and place of the hearing pursuant to LCC
921.335:
(a)  the permitee;
(b)  any person entitled to notice
under LCC 921.305, 921.307, 921.360 and
921.370; and
(c)  any person not entitled to re-
ceive notice under paragraph (2) of this subsection
but who received a notice of decision on the
conditional permit being reviewed at the last
known address as shown in the Department?s
files;
(3) Prepare a staff report for the Board
setting forth the basis for the Director?s determi-
nation made under subsection (B) of this section
and any evidence or testimony which the Director
has received or is aware that rebuts the failure.
(C)  A review to determine whether a permit
should be revoked shall be conducted in accor-
dance with LCC 921.135.
(D) The Board may elect to have the matter
heard by the Commission. If the Board elects to
have the matter heard by the Commission, the
Board so instruct the Director, and the Director
shall schedule the matter before the Commission.
(E) The review under this section is in addi-
tion to any action authorized to be taken in LCC
Chapter 240 (Enforcement Code).
(F) A decision under this section shall:
(1) affirm the permit as issued; or
(2) revoke the permit.
(G)  The decision maker shall provide find-
ings of fact to support whatever decision is made
by the Board or Commission regarding the revo-
cation review.
(H)  No person shall continue or resume a use
that has been revoked. Continuing or resuming the
use is a violation of this Land Development Code.
(I)  Once a land development has been re-
voked, it may only be re-established by obtaining
land development approval using the current land
development provisions.
(J)  Appeals. A decision made by the Board
pursuant to this section is subject to appeal pursu-
ant to LCC 921.210 (H). A decision made by the
Commission pursuant to this section is subject to
appeal pursuant to LCC 921.210 (G)
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.970 Stop work order
Whenever any activity is being done contrary
to or without the necessary authorization provided
through the provisions of this Development Code,
the Director may order the activity stopped by
written notice posted on the property or served on
any persons engaged in the activity. Such activity
shall cease until the Director authorizes the activ-
ity.
[Adopted 98-002 ?3 eff 3/4/98
921.980 Development constraints and viola-
tions of development code
(A)  No person shall develop land in the
unincorporated areas of Linn County in violation
of this Development Code.
(B)  No person shall initiate any land devel-
opment proposal that is subject to review under
LCC Chapter 921 (Land Development Adminis-
tration Code) unless that person first makes
application and obtains approval for that develop-
ment in compliance with the provisions of LCC
Chapter 921 (Land Development Administration
Code).
(C) No person may develop access to an
authorized unit of land unless that access is in
compliance with LCC Chapter 935 (Access
Improvement Standards Code).
(D)  No person may develop land within any
of the hazard areas except as allowed in para-
graphs (1), (2), or (3) of this subsection.
(1)  Flooding. In an area subject to
flooding identified on flood hazard maps created
921 - 46 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
by the Federal Emergency Management Adminis-
tration (FEMA), no person may develop land
unless that person has first applied for and ob-
tained approval for that development under the
provisions in LCC Chapter 950 (Floodplain
Management Code).
(2)  Mass movement. In an area contain-
ing mass movement topography as indicated in the
Bulletin 84, Environmental Geology of Western
Linn County, Oregon, no person may develop land
unless the applicant provides a report from an
Oregon Engineering Geologist to the Director
before development permits may be issued. The
report shall state that the land can be safely devel-
oped. If the report provides recommendations for
development, those recommendations shall be
incorporated into the site development.
(3)  Wetlands. Development of land
containing potential jurisdictional wetlands as
inventoried on the National Wetlands Inventory
(NWI) maps may be subject to additional develop-
ment standards imposed by the Division of State
Lands (DSL).
(E)  No person shall continue any activity for
which a stop work order on the property has been
issued
(F)  Unless in compliance with the procedures
and regulations established in this Development
Code, no person may in any manner:
(1)  locate, construct, reconstruct, struc-
turally alter, enlarge, partly or wholly demolish,
move, repair, or use a building or other structure;
(2)  use, develop, adjust property lines,
partition or subdivide land, or
(3)   create a road necessary to permit the
division of land.
(G)  No person having received a develop-
ment permit shall fail to continuously maintain the
applicable property development standards,
performance and operation standards, and condi-
tions of approval imposed on a development
permit pursuant to this Development Code.
(H)  No person shall fail to comply with LCC
932.815 (D) if a permit is revoked and the re-
moval of a caretaker residence is required.
(I)  No person shall fail to comply with LCC
932.895 (B) (5) and (6) if a permit is revoked or
the hardship ceases and the removal of a manufac-
tured dwelling is required.
(J)  No person may at any time negotiate to
sell a lot until the preliminary plat has been ap-
proved.
(K)  No person shall sell or convey any
interest in a lot:
(1)  Until the plat has been signed by the
Director and recorded with the County Clerk.
(2)  By reference to, or exhibition or
other use of, a plat until that plat has been re-
corded.
(L)  No person may at any time negotiate to
sell a parcel until the preliminary plat has been
approved.
(M)  No person shall sell or convey any
interest in a parcel:
(1)  Until the plat has been signed by the
Director and recorded with the County Clerk.
(2)  By reference to, or exhibition or
other use of, a plat until that plat has been re-
corded
(N)  No person may sell any portion of real
property that is composed of a mortgage-lot
permitted under LCC Chapter 922 (Mortgage-lot
Code) unless the seller first complies with LCC
922.500 (C).
(O)  No person may create a mortgage-lot
unless the purpose for its creation is to finance
improvements or the development of improve-
ments on the real property on which the mortgage-
lot is located.
(P)  No person may create a mortgage-lot
unless that person first files an application meet-
ing the requirements of LCC 921.040 and obtains
approval pursuant to LCC 921.115.
(Q) No person may sell any portion of real
property that has a mortgage-lot unless the seller
first
(1)  files a satisfaction of the mortgage
has been recorded and otherwise complies with
LCC 922.500, and
(Latest rev. August 21, 2002)        LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE 921 - 47
Distribution Run time: April 4, 2003 (10:36:59am)
(2)  applies for and obtains approval for
a partition under LCC Chapter 924 (Partitioning
Code), or
(3)  a division of land has resulted from
a judicial foreclosure of
(I)  a lien financing the
purchase or improvement of the real property, or
(II)  a recorded contract for
the sale of the real property.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?2 eff 6/30/99]
921.990 Penalties
(A)  County Counsel, upon request of the
Board, shall institute any necessary legal proceed-
ings to enforce the provisions of this Development
Code, including but not limited to, injunctive
relief, abatement proceedings, actions at law, suits
in equity and criminal actions.
(B)  Any person violating any provision of
this Development Code shall be subject to action
under LCC Chapter 240 (Code Enforcement
Code) for a Class ?A? infraction.
(C)  Each person found guilty of a violation
shall be deemed guilty of a separate offense for
every day during any portion of which any viola-
tion of any provision of this Development Code is
committed, continued or permitted by such person
and shall be punishable therefore as provided in
the Linn County Enforcement Ordinance.
(D)  If, after the issuance of a permit, the
Director or Hearing Authority determines that a
violation existed on a unit of land prior to permit
issuance, the permit, may be recalled and voided
by the Director, hearing authority, Building Offi-
cial, or other official of Linn County.
[Adopted 98-002 ?3 eff 3/4/98]
Statutory References and Other Authorities:
ORS 203; 197; 215
Legislative History of Chapter 921:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 98-432 ?? eff 10/21/98
#2 99-121 ?2 eff 6/30/99
#3 99-156 ?3 eff 6/30/99
#4 2000-119 ?1 eff 3/28/00
#5 02-313 ?2 eff 8/21/02
921 - 48 LINN COUNTY ? ADMINISTRATION OF THE LINN COUNTY DEVELOPMENT CODE          (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:36:59am) Distribution
[This page is intentionally blank]
(Latest rev. June 30, 1999) LINN COUNTY ? MORTGAGE-LOT CODE 922 - 1
Distribution Run time: April 4, 2003 (10:40:23am)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 2 ? Changes to Property Lines
CHAPTER 922
MORTGAGE-LOT CODE
TABLE OF CONTENTS
   Section Title
   922.005 Title; short title
   922.010 Description; status
   922.100 Applications
   922.200 Decisions on applications
   922.300 Standards
   922.350 Survey map requirements
   922.360 Deed covenant
   922.400 Development
   922.500 Separate property status
   922.900 Prohibitions
Statutory References and Other Authorities
Legislative History of Chapter 922
922.005 Title; short title
This Chapter, LCC 922.005 to 922.999, shall
be known and cited as the ?Linn County
Mortgage-lot Code.? This Chapter may also be
referred to and cited as the ?Mortgage-lot Code.?
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?3 eff 6/30/99]
922.010 Description; status
(A)  A mortgage-lot together with the re-
maining portion of the property is an authorized
unit of land. Neither a mortgage-lot nor the re-
maining portion of the property is an authorized
unit of land. A mortgage-lot and the remaining
portion of the property, when considered individu-
ally, are administrative units of land.
(B) A decision on a development application
involving a mortgage-lot or proposed mortgage-
lot will consider the property that is subject to the
application as the mortgage-lot together with the
remaining portion of property.
(C) The residential development related to a
mortgage shall be located on the mortgage-lot.
(D)  Structures accessory to the residential
development in subsection (C) shall be located on
the mortgage-lot.
(E) If otherwise allowed by the applicable
zoning district, existing development may be
subject to a mortgage in order to finance addi-
tional, non-residential development on the remain-
ing portion of the property. In this instance, the
Director may authorize the new development to be
located within the remaining portion of the prop-
erty.
(F)  When recombined upon satisfaction of
the mortgage, the mortgage-lot and the remaining
portion of property lose their status as administra-
tive units of land but continue their status as one,
unified authorized unit of land.
[Adopted 98-002 ?3 eff 3/4/98]
922.100 Applications
(A)  A mortgage-lot application may be
submitted only for land in any zoning district that
is an authorized unit of land. The application shall
comply with the requirements of LCC Chapter
921 (Administration of the Land Development
Code).
(B)  A mortgage-lot application is a Type IB
review.
922 - 2 LINN COUNTY ? MORTGAGE-LOT CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (10:40:23am) Distribution
[Adopted 98-002 ?3 eff 3/4/98]
922.200 Decisions on applications
(A)  Decisions on applications under this
Chapter shall comply with LCC Chapter 921
(Administration of the Land Development Code).
(B)  A proposed mortgage-lot that conforms
to the provisions of this Chapter and other appli-
cable provision of the Land Development Code
shall be approved. A mortgage-lot that does not
meet those provisions shall not be approved.
[Adopted 98-002 ?3 eff 3/4/98]
922.300 Standards
(A)  The land proposed for the mortgage-lot
shall be at least one acre in size and shall be large
enough to contain:
(1) the structure subject to the mortgage;
(2) an approved septic system;
(3) the well; and
(4) the road access.
(B)  Unless an existing, lawfully-established
structure is already closer to a property line than is
required by the applicable zoning district, all
structures shall maintain the appropriate setbacks
from property lines as specified in the applicable
zoning district. A proposed mortgage-lot line is
not a property line, but for purposes of setbacks,
the mortgage-lot lines are treated as property lines.
A variance to the setback standards shall not be
granted.
[Adopted 98-002 ?3 eff 3/4/98]
922.350 Survey map requirements
(A)  If the access road to the mortgage-lot is
longer than 1320 feet, it may be described with a
metes and bounds description, rather than by
monumentation.
(B)   Once an application has been approved,
the mortgage-lot shall be surveyed and a copy of
the filed survey of the land area and the metes and
bounds description, if necessary for the road
access, shall be provided to the Director within
120 calendar days of the date of approval.
(C)  The survey map shall:
(1) have a signature line for the Director;
and
(2)carry the disclosure that the
mortgage-lot and the remaining property are
authorized for mortgage purposes only and that
neither the mortgage-lot nor the remaining prop-
erty is considered a separate authorized unit of
land; and
(3) contain the following statements:
?The tax-lots of the mortgage-lot and the remain-
der of the property shall be consolidated into one
tax-lot at the time the mortgage is satisfied,? and
?The satisfaction of mortgage shall be recorded in
the Clerk?s Office.?
[Adopted 98-002 ?3 eff 3/4/98]
922.360 Deed covenant
(A)  The applicant shall sign and record in
the Clerk?s Office a deed covenant containing the
following statement:
?The Owner(s) or Contract Purchaser(s) agree
that the land described herein [county survey
number] is a single unit, notwithstanding the fact
that portions may be given separate tax account
numbers. Sale of any portion of this property
without prior approval for a land partition by the
Linn County Planning and Building Department
or without a prior adjudication following a lien
foreclosure is a violation of the Linn County Land
Development Code. The Owner(s) or Contract
Purchaser(s) shall consolidate the tax-lots consist-
ing of the mortgage-lot and the remainder of the
property into one tax-lot at the time the mortgage
is satisfied. The Owner(s)/Contract Purchaser(s)
shall record the satisfaction of mortgage in the
Clerk?s Office and provide proof thereof to the
Department.?
(B)  The statement in subsection (A) of this
section shall be recorded at the time of escrow
closing but no later than 180 calendar days of
application approval by the Director. A copy of
the recorded covenant shall be provided to the
Director.
[Adopted 98-002 ?3 eff 3/4/98]
922.400 Development
(A)  A mortgage-lot, on which development
has not been initiated, shall not be considered
buildable for at least 5 years after the date the
foreclosure becomes final.
(B)  Foreclosure of a mortgage-lot shall not
create a development option on the unforeclosed
(Latest rev. June 30, 1999) LINN COUNTY ? MORTGAGE-LOT CODE 922 - 3
Distribution Run time: April 4, 2003 (10:40:23am)
land for at least 5 years after the date the foreclo-
sure becomes final.
(C)  Units of land resulting from foreclo-
sures, although exempt from partitioning review
and certain land development standards, are not
exempt from access requirements of LCC Chapter
935 (Access Improvement Standards Code).
[Adopted 98-002 ?3 eff 3/4/98]]
922.500 Separate property status
(A)  The mortgage-lot and the balance of the
land gain separate status only following a com-
pleted foreclosure. A mortgage-lot and the balance
of the land do not gain separate status by a deed in
lieu of foreclosure.
(B)  A mortgage-lot is not a separate autho-
rized unit of land and shall not be sold separately
from the land from which it was created, unless,
as specified in ORS 92.010 (7), a court of compe-
tent jurisdiction enters a judgment of foreclosure
on a lien financing the purchase or improvement
of real property having as security a mortgage-lot
authorized in compliance with this Chapter and
the judgment divides the mortgage-lot from the
remaining property and authorizes transfer of title
to the mortgage-lot to the financing party.
(C)  Once the mortgage is satisfied, the
landowner shall
(1) consolidate the mortgage-lot and the
balance of the land into one tax-lot, and
(2) record with the Clerk a deed
whereon the mortgage-lot and the balance of the
land are described as one unit of land as shown on
the deed prior to the creation of a mortgage-lot,
and
(3) provide proof to the Director of the
recording of the new deed described in paragraph
(2) of this subsection. Such proof may consist of
a photocopy of the new deed bearing a recording
stamp on its face.
[Adopted 98-002 ?3 eff 3/4/98]
922.900 Prohibitions
(A)  No person may create a mortgage-lot
unless the purpose for its creation is to finance
improvements or the development of improve-
ments on the real property on which the mortgage-
lot is located.
(B)  No person may create a mortgage-lot
unless that person first files an application meet-
ing the requirements of LCC Chapter 921 (Ad-
ministration of the Land Development Code) and
obtains approval for a Type IB action pursuant to
that Chapter.
(C) No person may sell or convey any portion
of real property that has a mortgage-lot unless
(1) the seller first
(a)  files a satisfaction of the mort-
gage which has been recorded and otherwise
complies with LCC 922.500, and
(b)  applies for and obtains ap-
proval for a partition under LCC Chapter 924
(Partitioning Code), or
(2) a division of land has resulted from
a judicial foreclosure of
(i)  a lien financing the pur-
chase or improvement of the real property, or
(ii)  a recorded contract for the
sale of the real property.
[Adopted 98-002 ?3 eff 3/4/98]
Statutory References and Other Authorities:
ORS 92; 203; 197; 215
Legislative History of Chapter 922:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 99-121 ?3 eff 6/30/99
922 - 4 LINN COUNTY ? MORTGAGE-LOT CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (10:40:23am) Distribution
[This page is intentionally blank]
(Latest rev. June 30, 1999)            LINN COUNTY ? NEW LOT AND PARCEL DESIGN STANDARDS CODE 923 - 1
Distribution Run time: April 4, 2003 (10:40:40am)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 2 ? Changes to Property Lines
CHAPTER 923
NEW LOT AND PARCEL DESIGN
STANDARDS CODE
TABLE OF CONTENTS
   Section Title
   923.010 Title; short title
   923.020 Definition
   923.050 Statement of purpose
   923.100 Lots and parcels
   923.200 Easements other than for road access
Statutory References and Other Authorities
Legislative History of Chapter 923
923.010 Title; short title
This Chapter, LCC 923.010 to 923.999, shall
be known and cited as the ?Linn County New Lot
and Parcel Design Standards Code.? This Chapter
may also be referred to and cited as the ?New Lot
and Parcel Design Standards Code.?
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?4 eff 6/30/99]
923.020 Definition
For purposes of this Chapter, unless the
context requires otherwise, ?property? has the
meaning given the words ?lots,? parcels,? or ?lots
or parcels? or any other combinations of those
terms.
[Adopted 98-002 ?3 eff 3/4/98]
923.050 Statement of purpose
(A)  The purpose of this Chapter shall be to
prescribe the design and standards to be used
when dividing an authorized unit of land into lots
or parcels within the unincorporated areas of Linn
County.
(B)  Unless otherwise noted in this Chapter,
all divisions of land shall conform to the require-
ments and objectives of the Comprehensive Plan,
the Development Code and all other applicable
County and State laws.
[Adopted 98-002 ?3 eff 3/4/98]
923.100 Lots and parcels
(A)  Access. Each lot or parcel abutting a road
other than an alley shall abut that road for a
distance equal to the minimum frontage standard
for the applicable zoning district in which the
property is located, except cul-de-sac lots or
parcels in which case the minimum frontage
standard shall be 45 feet.
(B)  Double Frontage Property. Double
frontage property shall be avoided except where
such frontage is essential to provide separation of
residential development from major arterials or
adjacent non-residential activities or to overcome
specific disadvantages of topography and orienta-
tion. A planting screen easement at least 10 feet
wide, across which there shall be no rights of
access, may be required along the line of property
abutting such a major arterial or other incompati-
ble use.
(C) Property Grading. Property grading shall
conform to the standards in this subsection unless
physical conditions demonstrate the appropriate-
ness of other standards:
923 - 2 LINN COUNTY ? NEW LOT AND PARCEL DESIGN STANDARDS CODE             (Latest rev. June 30, 1999)
Run time: April 4, 2003 (10:40:40am) Distribution
(1)  Cut or fill slopes shall not be steeper
than one foot vertically to two feet horizontally
(2:1).
(2)  The character of soil for fill and the
characteristics of property made usable by fill
shall be suitable for the purpose intended and
conform to Uniform Building Code Grading and
Fill Standards and LCC Chapter 850 (Linn
County Fill and Excavation Code).
(D)  Property Lines. The side lines of prop-
erty, as far as practical, shall run at right angles to
the road upon which the property fronts.
(E)  Size and shape.
(1)  Property size, width and shape shall
conform with the property development standards
of the zoning district in which the property is
located unless a variance under LCC 938.300 and
938.340 has been approved. The area within an
easement granted under LCC Chapter 935 (Access
Improvement Standards Code) shall be included
in the calculation of the property area over which
the easement lies.
(2) Lots held in common or by the public
and created under LCC 926.200 for lots described
in LCC 926.170 (E) and (F) are exempt from the
standards imposed by paragraph (1) of this sub-
section but the size, depth, and width standards
shall be adequate to provide for standard setbacks
for service structures and to furnish off-road
parking facilities required by the kind of use
contemplated.
(3)  The depth of any property shall not
exceed 2? times the minimum width. In no case
shall the width or depth be less than that pre-
scribed by the zoning district in which the prop-
erty is located, unless a variance under LCC
938.300 and 938.340 has been granted
(4)  When dealing with the division of
land into lots or parcels, the Director may place
such restrictions on the size and shape of the lot or
parcel and limitations on building sites as will
provide for future extension of roads. Such restric-
tions shall be added in such a manner as to allow
the subsequent division of any parcel or lot into
smaller units of land, subject to LCC Chapter 924
(Partitioning Code) and LCC Chapter 926 (Subdi-
viding Code), if each smaller unit meets the
minimum size standards of the applicable zoning
district.
(5)  Any person who divides property
into lots or parcels, which at some future time
could be further divided and still meet the mini-
mum property size requirement of the zoning
district in which the property is located, shall
provide for suitable road access to each property
so that the future development of each created lot
or parcel will have the required road frontage.
This paragraph does not apply to partitions of land
which will be used exclusively for farming,
mining or forestry without any residential use.
(F)  Within partitions and subdivisions, any
islands, strips or other property unsuited for
development and not accepted by the county for
public use shall be included as a part of another
lot or parcel meeting the provisions of the Devel-
opment Code.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?3 eff 6/30/99]
923.200 Easements other than for road access
(A)  Pedestrian Ways. When the Director
determines that it is in the best interests of the
public, pedestrian ways not less than 15 feet wide
may be required to connect cul-de-sacs or to pass
through unusually long or oddly-shaped property.
Such pedestrian ways shall be hard-surfaced
curb-to-curb in order to provide easy access to
schools, parks or other community services. If a
pedestrian way is required, the applicant must
show the pedestrian way on the plat.
(B)  Utility Easements. Easements for public
utility facilities, whenever determined necessary
by the Director, shall be dedicated. The easements
may vary according to the need of various utilities
but shall not be less than five feet wide unless
immediately adjacent to a public right-of-way.
(C)  Waterways. If a lot or parcel is traversed
by a waterway, such as a drainage way, channel,
or stream, then a surface-water easement or
drainage right-of-way shall be required. If a
surface-water easement or drainage right-of-way
is required, the applicant must show the easement
or right-of-way on the plat. The easement shall
(Latest rev. June 30, 1999)            LINN COUNTY ? NEW LOT AND PARCEL DESIGN STANDARDS CODE 923 - 3
Distribution Run time: April 4, 2003 (10:40:40am)
conform substantially with the lines of the water-
way plus any additional width necessary to serve
the purpose. In all land divisions, adequate provi-
sions shall be made to carry surface water through
the development into established drainage ways in
a manner acceptable to the county engineer. Roads
or parkways parallel to major waterways may be
required.
[Adopted 98-002 ?3 eff 3/4/98]
Statutory References and Other Authorities:
ORS 197; 203; 215
Legislative History of Chapter 923:
Adopted 98-002 eff 3/4/98
Amendments to 98-200
#1 99-121 ?4 eff 6/30/99
923 - 4 LINN COUNTY ? NEW LOT AND PARCEL DESIGN STANDARDS CODE             (Latest rev. June 30, 1999)
Run time: April 4, 2003 (10:40:40am) Distribution
[This page is intentionally blank]
(Latest rev. August 21, 2002) LINN COUNTY ? PARTITIONING CODE 924 - 1
Distribution Run time: April 4, 2003 (10:47:08am)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 2 ? Changes to Property Lines
CHAPTER 924
PARTITIONING CODE
TABLE OF CONTENTS
   Section Title
I. GENERAL PARTITIONING PROCESS
   924.005 Title; short title
   924.010 Statement of purpose
   924.020 Adverse effects of approval
   924.040 Prohibitions against sales of parcels
   924.100 Applications; generally
   924.110 Contents of partitioning application
   924.120 Initial notice procedure
   924.150 Review process
   924.160 Notice of decision
   924.190 Appeal
   924.200 Decision criteria for partitions; generally
   924.210 Decision criteria for partitions with recognized
access
   924.250 Decision criteria for partitions without recog-
nized access
   924.400 Platting and survey requirements
   924.410 County Surveyor approval of plat required
   924.420 Final approval process
   924.430 County Clerk?s responsibility
   924.440 Partition plat revisions
   924.450 Agreement for improvements
   924.460 Performance security
II. EXPANDED RESOURCE PARTITIONING PROCESS
   924.500 Expanded partitioning process for certain uses
in the Rural Resource Zone; generally
   924.550 Application of expanded criteria in resource
land
   924.600 Non-dwelling uses eligible for partitioning less
than 80 acres in the EFU or a farm area of the
F/F zoning district
   924.610 Dwelling uses eligible for partitioning less than
80 acres in the EFU and in an farm area of the
F/F zoning districts
   924.620 Decision criteria for creating new non-farm
parcels in the EFU or in the farm area of the
F/F zoning district; generally
   924.622 Decision criteria for new non-farm partitions on
which an historic property exists in the EFU or
in the farm area of the F/F zoning districts
   924.624 Decision criteria for new non-farm partitions
creating a Class-VI or worse parcel on which a
non-farm dwelling is proposed in the EFU or in
the farm area of the F/F zoning districts
   924.700 Non-dwelling uses eligible for partitioning less
than 80 acres in the FCM or in a forest area of
the F/F zoning district
   924.710 Dwelling uses eligible for partitioning less than
80 acres in the FCM or in a forest area of the
F/F zoning district
   924.720 Decision criteria for partitions for uses autho-
rized in LCC 924.700 in the FCM or in a forest
area of the F/F zoning district
   924.722 Decision criteria for new non-resource parti-
tions on which an historic property exists in the
FCM or in a forest area of the F/F zoning dis-
trict
   924.724 Decision criteria for a new non-resource parti-
tion creating a Class-VI or worse parcel on
which a non-resource dwelling is proposed in
the FCM or in a forest area of the F/F zoning
district
   924.728 Decision criteria for a partition allowing a small
forest homestead dwelling in the FCM or in a
forest area of the F/F zoning district
   924.729 Decision criteria for forest practice partitions in
the FCM or in a forest area of the F/F zoning
district
   924.730 Decision criteria for a partition for a provider
of public parks or open space, or a not-for-
profit land conservation organization to pur-
chase land in EFU or F/F zoning district
   924.731 Decision criteria for partitions to separate
homesites on land zoned FCM or in a forest
area of the F/F zoning district
   924.800 Deed restrictions
Statutory References and Other Authorities
Legislative History of Chapter 924
924 - 2 LINN COUNTY ? PARTITIONING CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:47:08am) Distribution
I. GENERAL PARTITIONING PROCESS
924.005 Title; short title
This Chapter, LCC 924.005 to 924.999, shall
be known and cited as the ?Linn County Partition-
ing Code.? This Chapter may be referred to and
cited as the ?Partitioning Code.?
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?5 eff 6/30/99]
924.010 Statement of purpose
The purpose of this Chapter shall be to pro-
vide the Director the basis to review all partitions
within the unincorporated areas of Linn County to
insure compliance with the Comprehensive Plan
and all applicable provisions of the Linn County
Code.
[Adopted 98-002 ?3 eff 3/4/98]
924.020 Adverse effects of approval
An application to partition land, if approved,
will eliminate the non-farm dwelling option and
the pre-85 single-family dwelling option for the
affected property in a Rural Resource Zone
(RRZ).
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?5 eff 6/30/99]
924.040 Prohibitions against sales of parcels
(A)  No person may at any time negotiate to
sell a parcel until the preliminary plat has been
approved.
(B)  No person shall sell or convey any
interest in a parcel:
(1) Until the plat has been signed by the
Director and recorded with the County Clerk.
(2) By reference to, or exhibition or other
use of, a plat until that plat has been recorded.
[Adopted 98-002 ?3 eff 3/4/98]
924.100 Applications; generally
(A)  An application for the actions set forth in
subsections (B) and (C) may be filed with the
Department.
(B)  Without recognized access.
(1)  The partition requires a specific
application form, fee and additional review if:
(a) a road must be created in order to
provide ingress and egress to parcels of land in a
partition;
(b)   a private easement of road
access must be created; or
(c)  a flag strip must be created.
(2) The creation of access to land solely
for forestry, mining or agricultural uses allowed
outright shall be exempt from planning review but
may be subject to review and approval by the
Roadmaster.
(3) Partition applications without recog-
nized access are subject to the decision criteria set
forth in LCC 924.200 and 924.250 but may not
need a road-approach permit.
(C) With recognized access. Partition applica-
tions with recognized access are subject to the
decision criteria set forth in LCC 924.200 and
924.210.
[Adopted 98-002 ?3 eff 3/4/98
924.110 Contents of partitioning application
(A)  In addition to the requirements of LCC
921.040, the applicant shall submit a tentative
plan conforming to the requirements of subsection
(B) with the application form.
(B)  The tentative plan shall include, but not
be limited to, the following information:
(1) North arrow, scale and date of the
completed drawing, approximate acreage and
boundary lines;
(2) Location of property by section,
township, range, tax-lot, and donation land claim
are sufficient to define the location and boundaries
of the partition;
(3) Names, addresses, phone numbers
and zip codes of all owners and surveyors respon-
sible for designing the partition;
(4) Location, acreage and dimensions of
all parcels and the proposed parcel numbers;
(5) Location, acreage and dimensions of
any sites allocated for a purpose other than single-
family residences;
(6) Existing uses on the property includ-
ing location of all existing structures;
(Latest rev. August 21, 2002) LINN COUNTY ? PARTITIONING CODE 924 - 3
Distribution Run time: April 4, 2003 (10:47:08am)
(7) Existing locations, width and names
of both opened and unopened roads within or
adjacent to the partition, together with easements
of road access right-of-way and other important
features such as section lines, corners, monu-
ments, city boundary lines, urban growth bound-
aries and zoning district boundary lines;
(8) Location and width of all proposed
roads and the relationship of such roads to any
projected or existing roads adjoining the partition;
(9) Notations indicating any barrier strips
or limitations on right-of-way access between
existing roads and the authorized units of land
being proposed by the developer;
(10) Location of significant natural
features such as rock outcroppings, marshes and
wooded areas;
(11) Location and direction of all water-
courses, wetlands or water bodies;
(12) An acceptable and approved septic
system for each of the proposed parcels;
(13) Description of water rights, if any
that are appurtenant to the land proposed for
partitioning;
(14) Name of irrigation district, drainage
district, water control district, water improvement
district or district improvement company within
which the authorized unit of land proposed for
partitioning is located;
(15) Additional information, if required,
including but not limited to:
(a)  Contour lines as follows:
For Slopes Contour Intervals
#10% 2-foot intervals
?10% 5-foot intervals
(b)  Approximate grade and radii of
curves of all proposed roads.
[Adopted 98-002 ?3 eff 3/4/98]
924.120 Initial notice procedure
(A)  Initial notice of a Type IIA partitioning
applications that include the creation of roads, flag
strips or easements shall be given pursuant to
LCC 921.320.
(B)  When appropriate, a copy of the tentative
plan to partition shall be provided to the County
Surveyor, Road Department, Environmental
Health Program and other agencies and special
districts for review and comment.
[Adopted 98-002 ?3 eff 3/4/98]
924.150 Review process
Review of a partitioning application shall be
made pursuant to Type IIA process LCC 921.120.
[Adopted 98-002 ?3 eff 3/4/98]
924.160 Notice of decision
Following a final decision made under this
Chapter, the Director shall provide a notice of
decision pursuant to LCC 921.185.
[Adopted 98-002 ?3 eff 3/4/98]
924.190 Appeal
The applicant or a party to the decision may
appeal the Director?s decision pursuant to LCC
921.200 to 921.260.
[Adopted 98-002 ?3 eff 3/4/98]
924.200 Decision criteria for partitions; gener-
ally
(A)  An application to partition an authorized
unit of land filed under this Chapter may be
approved if the decision criteria set forth in sub-
section (B) are met.
(B)  Decision criteria.
(1) Absent a variance, the partitioning of
land must meet established minimum parcel sizes,
established setbacks and other applicable property
development standards in the Development Code.
(2) If the proposal complies with all of
the applicable criteria specified in this section and
in LCC 924.210 or 924.250, the Director shall
grant tentative approval to the partition.
(3) If the size of a parcel was the basis
for a dwelling having been allowed outright, the
parcel shall not be reduced in size below the
qualifying minimum for that dwelling unless that
dwelling is subsequently authorized under a
different dwelling test.
(4)  If the size of a parcel and the farm
use of that parcel were the justification for a
dwelling allowed conditionally, any reduction of
the parcel size shall be allowed only if the result-
ing farm use continues to meet a current farm
924 - 4 LINN COUNTY ? PARTITIONING CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:47:08am) Distribution
dwelling test. Such is an action is Type IIA. For
example, the conditional use for a dwelling once
justified by a 200-acre cow-calf operation, may or
may not be justified if the parcel is allowed to be
partitioned or adjusted downward to an 80-acre
parcel.
(5) If the property is split-zoned and the
split-zoning was not initiated by the landowner,
the property may be partitioned in accordance
with this Chapter along the zoning district or
jurisdictional boundary if:
(a)  A property is transected by an
urban growth boundary, city limits, county line or
a boundary between a non-resource zone and a
zoning district in the RRZ;
(b)  The property is transected by a
boundary between two resource zoning districts
and the resulting parcels would either conform to
the minimum parcel size in the applicable zoning
districts or have otherwise been authorized under
the provisions of LCC 924.500 to LCC 924.800;
(c)  The resulting parcels have
sufficient on-site area to provide an approved
septic system; and
(d)  The proposed development on
the resulting parcels can either meet the property-
line and riparian setbacks or has been approved
for a variance.
(6) The proposed parcels meet the mini-
mum size, width and depth standards of the
zoning district in which they are located and
conform to the standards of LCC Chapter 923
(Lot and Parcel Design Standards Code). In the
RR and RCT zoning districts, properties contain-
ing more than one lawfully-established, habitable
dwelling may be partitioned into substandard-
sized parcels if consistent with Plan Policy 14 or
9, respectively. Where more than one dwelling
exists, no parcel may be created that does not
contain a dwelling and the size of each parcel
shall be balanced as much as practical, given the
location of dwellings, outbuildings, septic sys-
tems, setbacks and driveways.
(7) The partition of land will not create
more than three authorized units of land within
one calendar year.
(8) Except as provided in paragraph (9)
of this subsection, each proposed parcel shall have
an approved septic system located within the
boundaries of the proposed parcels.
(9) Within the Rural Resource Zone.
(a)  For a parcel in the RRZ created
solely for resource management purposes, such
parcel may not be required to have an approved
septic system.
(b)  For a parcel in the RRZ not
created solely for resource management purposes,
such parcel is required to have an approved septic
system unless the use does not require such sys-
tem.
(c)  For a parcel in the RRZ created
for a non-resource management purpose, such
parcel is required to have an approved septic
system unless the use does not require such sys-
tem. Written certification from an irrigation
district, drainage district, water control district,
water improvement district or district improve-
ment company within whose boundaries the
proposed partition is located as to whether or not
the property is within the district and is subject to
district fees. (See ORS 92.090)
(10) When property proposed for parti-
tioning is within a city?s urban growth area
(UGA), appropriate time shall be given for a city?s
review and comment pursuant to the urban growth
boundary management agreement. Partitions
within an urban growth area may require an urban
conversion plan approved by the city.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?5 eff
6/30/99]
924.210 Decision criteria for partitions with
recognized access
(A)  A partition plan having recognized
access may be tentatively approved if, on the basis
of the application, investigation, testimony and
evidence submitted, findings and conclusions
show that all of the criteria in LCC 924.200 and
subsection (B) of this section have been met.
(B)  All parcels created shall have an existing,
recognized, vehicular access pursuant to LCC
935.015 and other applicable provisions of LCC
(Latest rev. August 21, 2002) LINN COUNTY ? PARTITIONING CODE 924 - 5
Distribution Run time: April 4, 2003 (10:47:08am)
Chapter 935 (Access Improvement Standards
Code).
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
924.250 Decision criteria for partitions without
recognized access
(A)  A partition plan for a partition having no
recognized access may be tentatively approved if,
on the basis of the application, investigation,
testimony and evidence submitted, findings and
conclusions show that all of the criteria in LCC
924.200 and subsection (B) are met.
(B)  Decision criteria.
(1) The land partition complies with the
Comprehensive Plan and all other applicable
provisions of the Linn County Code.
(2) Any access being created has re-
ceived approval pursuant to LCC Chapter 935
(Access Improvement Standards Code) from the
Director and the Roadmaster and if a performance
security is required, pursuant to LCC 924.460, the
developer has agreed, in writing, to provide such
security.
[Adopted 98-002 ?3 eff 3/4/98]
924.400 Platting and survey requirements
(A)  Platting Requirements.
(1) All partitions must be platted and
recorded once the land use decision has been
favorably decided and the appeal period has
expired.
(2) Any parcels to be created that are
larger than 10 acres need not be surveyed or
monumented but must include adequate descrip-
tive information to identify the specific parcels
being created. The approximate acreage of each
unsurveyed parcel must be shown and the words
?unsurveyed? shall be placed in bold letters
adjacent to the parcel number.
(3) The land owner shall secure two final
partition plats to be prepared by a surveyor. The
plats shall each include the information required
by the applicable sections of ORS 92.050 to
92.080 and ORS 209.250 pertinent to the parti-
tion. Unsurveyed parcels need not comply with
ORS 92.050 (5), and (7) to (9).
(4) A surveyor?s statement on the plats
shall indicate whether or not the lands described
have been surveyed.
(5) The surveyor?s stamp and the nota-
rized signature of the owner(s) of the land pro-
posed for partitioning shall be required on the
plats.
(6) The final partition plats shall bear
(a)  the Department?s case file
number, and
(b)  a signature line under which the
following words shall appear: Director, Linn
County Planning and Building Department.
(7) Any road dedications and barrier
strips shall be conveyed to Linn County by sepa-
rate document other than on the final partition
plat. The separate conveying document for dedi-
cated roads and barrier strips shall be recorded
concurrently and its recordation number shall be
referenced on the final partition plat.
(B)  Survey Requirements.
(1) For those parcels 10 acres or smaller,
a survey with monumentation by a surveyor is
required. A certificate on the plats shall indicate
whether or not the lands described have been
surveyed and shall indicate that the survey com-
plies with ORS 92.050 to 92.080 and ORS
209.250. It shall include a notation of any monu-
ments which could not be set and for which a
reference monument was set.
(2) A partition plat report containing the
following information shall accompany the final
plat:
(a)  name of current owner;
(b)  any easements of record; and
(c)  any other encumbrances on the
subject property.
(3) The partitioner shall provide traverse
data to the County Surveyor showing the closure
of the exterior boundary of the partition and the
boundary of each parcel within the partition. This
data shall also provide the acreage of each parcel.
[Adopted 98-002 ?3 eff 3/4/98]
924 - 6 LINN COUNTY ? PARTITIONING CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:47:08am) Distribution
924.410 County Surveyor approval of plat
required
Except when the County Surveyor performed
the survey, the County Surveyor shall review and
approve or disapprove the plat, noting the comple-
tion of monumentation, if any. Securing the
County Surveyor?s approval for the final plat is
subject to the requisite fees.
[Adopted 98-002 ?3 eff 3/4/98]
924.420 Final approval process
(A)  A set of final plats consisting of two
originals shall be presented to the Director for
final approval within 180 calendar days of the date
of tentative approval.
(B)  Director?s approval.
(1) Subject to the requirements of this
paragraph, the Director shall approve the final
partition plats if the Director determines that the
final plats conform to the approved tentative plat,
including any conditions of approval that were
imposed.
(a)  A minor deviation in parcel
dimensions may occur as a result of having the
field survey information available. In such case
the Director shall not withhold approval.
(b)  The Director will request that
the Environmental Health Program review any
substantial deviation from the approved tentative
plat for compatibility with approved septic system
requirements. The EHP will determine whether
the deviation would adversely affect the viability
of
(i)  an approved septic system,
or
(ii)  a drain field area and a
replacement area of record.
(c)  If the EHP determines that
the deviation is not a substantial deviation from
the tentative plan, the Director shall not withhold
approval.
(iv) If the EHP determines that
the deviation is a substantial deviation from the
final plats, the Director shall not approve the final
plats.
(2) The Director shall indicate that
approval has been given under paragraph (1) of
subsection (B) by signing the appropriate signa-
ture lines on each of the two original final plats.
(C)  The Director shall render a decision
within 30 calendar days of receiving the final
plats, unless waived by the applicant.
(D)  If the final partition plats are approved,
the applicant and the landowner, if different from
the applicant, shall be notified.
(E)  The final plats shall be recorded with the
County Clerk within 30 calendar days of final
approval.
(1) One of the final plats is to be perma-
nently stored with the County Clerk.
(2) The other final plat is to be returned
to the County Surveyor after recordation. The plat
returned to the County Surveyor shall be used for
the purpose of making copies.
[Adopted 98-002 ?3 eff 3/4/98]
924.430 County Clerk?s responsibility
The County Clerk shall not accept for filing
a partition plat without the signature of the Direc-
tor, and the County Surveyor on the plat.
[Adopted 98-002 ?3 eff 3/4/98]
924.440 Partition plat revisions
(A)  An affidavit of correction may be pre-
pared and recorded to correct errors and omissions
in plats previously filed and recorded.
(B)  If an affidavit of correction is prepared,
the affidavit shall be prepared by the surveyor
who made the original plat, certified by the
County Surveyor, and recorded with the County
Clerk.
(C)  The County Clerk shall provide a copy of
the recorded affidavit to the County Surveyor. The
County Surveyor shall note the corrections with
permanent ink upon the two original plats ap-
proved and recorded pursuant to LCC 924.420
(E). Any copies of a corrected original plat shall
show the corrections.
[Adopted 98-002 ?3 eff 3/4/98]
(Latest rev. August 21, 2002) LINN COUNTY ? PARTITIONING CODE 924 - 7
Distribution Run time: April 4, 2003 (10:47:08am)
924.450 Agreement for improvements
(A)  The developer shall improve or agree to
improve lands dedicated for roads, alleys, pedes-
trian ways, drainage channels, easements of road
access, and other rights-of-way as a condition
preceding the acceptance and approval of the
partition.
(B)  Prior to approval of the partition, the
developer shall either install all required improve-
ments and repair existing roads and other public
facilities damaged in the development of the
partition or the developer shall execute and file
with the Board an agreement between the devel-
oper and the county specifying the period within
which all the required improvements and repairs
shall be completed. The agreement shall provide
that if all of the required work is not completed
within the time frame specified, the county may
complete the work and recover the full cost and
expense thereof from the developer. The devel-
oper shall also comply with the requirements of
LCC 924.210 or 924.250.
(C)  Extensions of time for the required
improvements may be granted only if the devel-
oper requests the extension prior to the required
time period elapsing. If the specified time for the
improvements has elapsed, provisions to complete
the improvements as provided by LCC 933.110
shall be allowed.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
924.460 Performance security
The applicant shall provide a performance
security complying with the provisions of LCC
933.110 with the agreement required by LCC
921.450.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
II. EXPANDED RESOURCE PARTITION-
ING PROCESS
924.500 Expanded partitioning process for
certain uses in the Rural Resource
Zone; generally
(A)  Applications for a partitioning involving
a use described in LCC 924.600, 924.610,
924.700, or 924.710 shall comply with LCC
924.550.
(B)  Except as provided by LCC 924.500 to
924.729, the minimum parcel size is 80 acres.
(C)  Authorization to partition an authorized
unit of land into parcels at least one of which will
be less than the minimum parcel size may be
permitted in the EFU, F/F, and FCM zoning
districts if one of the uses set forth in LCC
924.600, 924.610, 924.700, or 924.710, is cur-
rently on the parent parcel, or at least one of the
uses is being proposed at the time of the partition
application for at least one of the parcels.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-156 ?4 eff
6/30/99]
924.550 Application of expanded criteria in
resource land
(A)  An application filed under LCC 924.100
to partition land in a resource zoning district for
the uses described in LCC 924.600, 924.610,
924.700, or 924.710, shall be reviewed and de-
cided in the following order:
(1) under the provisions of LCC 924.500
to 924.800, and
(2) under the provisions of LCC 924.005
to 924.499.
(B)  When a criterion has been addressed in
LCC 924.500 to 924.800, that criterion need not
be addressed again under LCC 924.005 to
924.450.
(C)  When a criterion required by LCC
924.500 to 924.800 has been satisfactorily ad-
dressed in the conditional use process, that crite-
rion need not be addressed again under LCC
924.500 to 924.800.
(D) Applications for a partitioning of a re-
source parcel are subject to the application review
provision of LCC 924.100 and 924.110.
924 - 8 LINN COUNTY ? PARTITIONING CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:47:08am) Distribution
(E)   An application filed pursuant to LCC
924.500 to 924.800 may require review and
approval of a road access permit by the Road-
master.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
924.600 Non-dwelling uses eligible for parti-
tioning less than 80 acres in the EFU
or a farm area of the F/F zoning dis-
trict
(A) A new partition containing less than 80
acres may be permitted in an EFU or in a farm
area of the F/F zoning district only for the non-
farm uses set forth in this section.
(B)  No parcel created by the partitioning
under this section may contain a dwelling.
(C)  On HVFL or non-HVFL. The non-farm,
non-residential uses set forth in LCC 928.320,
928.321, 928.330, 928.331, 928.610, 928.611.
928.620, 928.621, 928.630, and 928.631 are
permitted conditionally regardless of soil classifi-
cation.
(1) Aggregate materials.
(a)  Mining, crushing, processing, or
stockpiling aggregate materials, subject to ORS
215.298.
(b)  Batching aggregate materials.
(i)  Processing, as defined by
ORS 517.750, of aggregate into asphalt or port-
land cement.
(ii)  New uses that batch and
blend mineral and aggregate into asphalt cement
may not be authorized within two miles of a
planted vineyard.
(2) Non-aggregate minerals and non-
mineral subsurface resources. Mining, crushing,
processing, or stockpiling subject to ORS
215.298.
(3) Parks and playgrounds.
(4) Firearms training facility.
(a)  New facilities.
(b)  Existing facilities. Expansion of
a lawfully existing firearms training facility or a
change of use of a lawfully existing firearms
training facility shall require review and approval
either through provisions of Code regulating
nonconforming uses or through provisions regu-
lating conditional uses, whichever is applicable.
(5) Mining and processing of geothermal
resources.
(6) Mining and processing of oil and gas.
(7) Utility facilities necessary for public
service, except commercial facilities for the
purpose of generating power for public use by sale
(8) Commercial utility facilities for the
purpose of generating power for public use by
sale. Unless an exception is taken pursuant to
OAR 660, Division 4, such facilities shall not
preclude the use of commercial agricultural
enterprise
(a)   of more than 20 acres on non-
HVFL; or
(b)  of more than 12 acres on HVFL.
(9) Transmissions towers.
(10) Transportation improvements
including roads and airports.
(a)  Personal-use airports. (See
personal-use airports in LCC 920.100 for excep-
tions)
(b)  Transportation facilities, ser-
vices and improvements other than those listed in
the Land Development Code that serve local trav-
el needs. The travel capacity and level of service
of facilities and improvements serving local travel
needs shall be limited to that necessary to support
rural land uses identified in the Comprehensive
Plan or to provide adequate emergency access.
(11) Commercial activities in conjunc-
tion with farm use.
(12) Community centers owned by a
governmental agency or a nonprofit community
organization and operated primarily by and for
residents of the local rural community.
(D)  On non-HVFL. The non-residential uses
set forth in this subsection are permitted condi-
tionally in LCC 928.320, 928.321, 928.330,
928.331, 928.610, 928.611. 928.620, 928.621,
928.630, and 928.631 on non-HVFL.
(1) Public or private schools including all
buildings essential to the operation of a school.
The use shall not be approved within three miles
of an urban growth boundary unless an exception
(Latest rev. August 21, 2002) LINN COUNTY ? PARTITIONING CODE 924 - 9
Distribution Run time: April 4, 2003 (10:47:08am)
is approved pursuant to ORS 197.732 and OAR
660 Division 4.
(2) Churches and cemeteries in conjunc-
tion with churches. The use shall not be approved
within three miles of an urban growth boundary
unless an exception is approved pursuant to ORS
197.732 and OAR 660 Division 4.
(3) The following private uses: parks,
playgrounds, fishing and hunting preserves, and
campgrounds may be located on non-HVFL.
(4) A site for the disposal of solid waste
has been granted a permit by the Environmental
Quality Commission under ORS 459.049, to-
gether with equipment, facilities, or building
necessary for its operation.
(5) Destination resorts.
(6) Golf courses, and
(E)  Existing uses wholly within HVFL or on
non-HVFL. The following non-residential existing
uses, permitted conditionally in LCC 928.320,
928.321, 928.330, 928.331, 928.610, 928.611.
928.620, 928.621, 928.630, and 928.631, may be
maintained, enhanced, or expanded if on HFVL
and if wholly within the EFU zoning district, or if
on non-HVFL.
(1) Destination resorts,
(2) Solid waste disposal sites,
(3) Public or private schools,
(4) Churches and cemeteries in conjunc-
tion with churches,
(5) Private parks, playgrounds, hunting
and fishing preserves, and campgrounds, and
(6) Golf courses.
(F)  Non-resource-related historic property,
other than dwellings.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?5 eff
6/30/99; amd 02-313 ?3 eff 8/21/02]
924.610 Dwelling uses eligible for partitioning
less than 80 acres in the EFU and in
an farm area of the F/F zoning districts
A new partition in the EFU and the a farm
area of the F/F zoning districts containing less
than 80 acres may be permitted for the following
non-resource-related residential uses that are
permitted conditionally in LCC 928.325, 928.326,
928.625, and 928.626.
(A)  Historic dwellings.
(B)  Class-VI or worse single-family dwelling
if not a farm-relative dwelling.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
924.620 Decision criteria for creating new non-
farm parcels in the EFU or in the
farm area of the F/F zoning district;
generally
(A)  The decision criteria set forth in subsec-
tion (B) shall apply as required by this subsection
to the creation of a non-farm parcel in an EFU or
in the a farm area of an F/F zoning district on
which a use identified in LCC 924.600 exists or is
proposed. If the proposed non-farm parcel con-
tains an existing dwelling, the decision criteria in
subsection (B) must be met.
(B)  Decision criteria for partitions; gener-
ally.
(1) The proposal shall not involve an
authorized unit of land containing a farm-relative
dwelling, previously authorized under the Devel-
opment Code or previous ordinance.
(2) The proposal shall not involve an
authorized unit of land containing a non-farm
dwelling except as otherwise provided in LCC
924.624.
(3) The parcel shall not be larger than the
minimum size necessary for the use, taking into
consideration septic system, septic repair area,
water source and accessory buildings. Authoriza-
tion under this section to seek a partition of land,
the use of which requires a septic system, shall not
be permitted if the land does not have adequate
area within the property boundaries for an ap-
proved septic system.
(4) The decision criteria in LCC 924.005
to 924.499.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
924.622 Decision criteria for new non-farm
partitions on which an historic prop-
erty exists in the EFU or in the farm
area of the F/F zoning districts
(A)  The creation of a new non-farm parcel
may be permitted through the Type II review
process in the EFU or in a farm area of the F/F
924 - 10 LINN COUNTY ? PARTITIONING CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:47:08am) Distribution
zoning districts containing an existing historic
property, including a dwelling, that is listed in the
National Register of Historic Places and the Linn
County Register of Historic Resources, subject to
satisfying the decision criteria set forth in subsec-
tion (B).
(B)  Decision criteria.
(1) The parcel must be at least one acre.
(2) LCC 933.310.
(3) LCC 924.620 (C) must be met.
(C)  Any proposed changes that would poten-
tially affect the exterior of a qualifying historic
property, including a dwelling, shall be reviewed
and approved by the HRC before they are initi-
ated. Such review and approval shall be required
as a condition of approval attached to the parti-
tioning decision.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
924.624 Decision criteria for new non-farm
partitions creating a Class-VI or
worse parcel on which a non-farm
dwelling is proposed in the EFU or in
the farm area of the F/F zoning dis-
tricts
(A)   Except as provided in subsection (B),
the creation of a new non-farm parcel may be
permitted through the Type IIA review process in
the EFU or in farm area of the F/F zoning dis-
tricts.
(B)  Decision criteria. The creation of a new
non-farm parcel may be permitted on which a
dwelling already exists (such dwelling will be-
come by the partitioning a non-farm dwelling),
subject to satisfying the decision criteria in
(1) LCC 933.510.
(2) LCC 933.310.
(3) LCC 924.620 (C).
(4) LCC 924.010 to 924.450.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
924.700 Non-dwelling uses eligible for parti-
tioning less than 80 acres in the FCM
or in a forest area of the F/F zoning
district
(A)   A new partition containing less than 80
acres may be permitted in the FCM or in a forest
area of the F/F zoning district only for the uses set
forth in this section.
(B)  Uses allowed outright in LCC 928.610,
928.611, and 928.910.
(1) Exploration for and production of
geothermal resources.
(2) Exploration for and production of oil
and gas.
(3) A site for the disposal of solid waste
if the site were ordered to be established by the
Environmental Quality Commission under ORS
459.049, together with equipment, facilities, or
building necessary for its operation.
(C)  Uses permitted conditionally in LCC
928.620, 928.621, 928.630, 928.631, and 928.920.
(1) Permanent facility for the primary
processing of forest products.
(2) Permanent logging equipment repair
and storage.
(3) Log scaling and weigh stations.
(4) A site for the disposal of solid waste,
together with equipment, facilities or buildings
necessary for its operation for which the Depart-
ment of Environmental Quality has granted a
permit under ORS 459.245.
(5) Parks and campgrounds.
(6) Minerals, including aggregate.
(a)  Mining, crushing, processing, or
stockpiling of minerals, including aggregate,
subject to ORS 215.298.
(b)  Batching aggregate materials.
(i)  Temporary asphalt and
concrete batch plants as accessory uses to specific
public road projects.
(ii)  New uses that batch and
blend mineral and aggregate into asphalt cement
may not be authorized within two miles of a
planted vineyard.
(7) Mining or processing of geothermal
resources.
(Latest rev. August 21, 2002) LINN COUNTY ? PARTITIONING CODE 924 - 11
Distribution Run time: April 4, 2003 (10:47:08am)
(8) Mining or processing of oil and gas.
(9) Utility facilities for the purpose of
generating power. Unless an exception is taken
pursuant to OAR 660, Division 4. Such facilities
shall not preclude the use of commercial forest
operation on more than 10 acres.
(10) Television, microwave and radio
communication facilities, and transmission tow-
ers.
(11) Water intake facilities, related
treatment facilities, pumping stations and distribu-
tion lines.
(12) Reservoirs and water impound-
ments.
(13) Establishment of a firearms training
facility.
(a)  A firearms training facility
lawfully existing on September 9, 1995 shall be
allowed to continue operating without a condi-
tional use permit until the facility is no longer
used as a firearms training facility.
(b)  Expansion of a lawfully existing
firearms training facility or a change of use of a
lawfully existing firearms training facility shall
require review and approval either through provi-
sions of Code regulating nonconforming uses or
through provisions regulating conditional uses,
whichever is applicable.
(14) Cemeteries.
(15) Fire stations for rural fire protection.
(16) Aids to navigation and aviation.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
924.710 Dwelling uses eligible for partitioning
less than 80 acres in the FCM or in a
forest area of the F/F zoning district
(A) Non-resource residential uses. A new
partition in the FCM or a forest area of the F/F
zoning district containing less than 80 acres may
be permitted for the following non-resource-
related residential uses that are permitted condi-
tionally in LCC 928.627 .
(1) Historic dwellings.
(2) Small forest-homestead dwelling
permitted in LCC 924.722.
(3) More than one dwelling on an autho-
rized unit of land.
(B)  Resource-related residential use. A new
partition in the FCM or a forest area of the F/F
zoning district containing less than 80 acres may
be permitted for a forest resource single-family
dwelling that is permitted conditionally in LCC
924.729.
[Adopted 93-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 02-313 ?3 eff
8/21/02]
924.720 Decision criteria for partitions for
uses authorized in LCC 924.700 in the
FCM or in a forest area of the F/F
zoning district
(A)  Authorization to partition an authorized
unit of land into parcels at least one of which will
be less than the minimum parcel size may be
permitted in the FCM or in a forest area of the F/F
zoning district, if:
(1) one of the uses set forth in LCC
924.700 is currently on the parent parcel; or
(2) at least one of the uses is being
proposed at the time of the partition application
for at least one of the parcels.
(B) To partition a parent parcel having a use
set forth in LCC 924.700 that is already in exis-
tence, the criteria set forth in LCC 924.620 (C
must be met.
(C)  The parcel shall not be larger than the
minimum size necessary for the use, taking into
consideration septic system, septic repair area,
water source and accessory buildings. Authoriza-
tion under this section to seek a partition of land,
the use of which requires a septic system, shall not
be permitted if the land does not have adequate
area within the property boundaries for an ap-
proved septic system
[Adopted 93-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
924.722 Decision criteria for new non-resource
partitions on which an historic pro-
perty exists in the FCM or in a forest
area of the F/F zoning district
(A)  The creation of a new non-resource
parcel may be permitted through the Type II
review process in the FCM or in a forest area of
924 - 12 LINN COUNTY ? PARTITIONING CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:47:08am) Distribution
the F/F zoning districts containing an existing
historic property, including a dwelling, that is
listed in the National Register of Historic Places
and the Linn County Register of Historic Re-
sources, subject to satisfying the decision criteria
set forth in subsection (B) of this section.
(B)  Decision criteria.
(1) The parcel must be at least one acre.
(2) LCC 933.310.
(3) LCC 924.620 (C).
(4) LCC 924.005 to 924.499.
(C)  Any proposed changes that would poten-
tially affect the exterior of a qualifying historic
property, including a dwelling, shall be reviewed
and approved by the HRC before they are initi-
ated. Such review and approval shall be required
as a condition of approval attached to the parti-
tioning decision.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
924.724 Decision criteria for a new non-
resource partition creating a Class-VI
or worse parcel on which a non-re-
source dwelling is proposed in the
FCM or in a forest area of the F/F
zoning district
(A)   Except as provided in subsection (B),
the creation of a new, non-resource parcel may be
permitted through the Type IIA review process in
the FCM or in a forest area of the F/F zoning
districts, subject to the decision criteria in subsec-
tion (B) of this section.
(B)  Decision criteria. The creation of a new,
non-resource parcel may be permitted on which a
dwelling already exists (such dwelling will be-
come a non-resource dwelling by the partitioning),
subject to satisfying the decision criteria in:
(1) LCC 933.510.
(2) LCC 933.310.
(3) LCC 924.620 (C).
(4) LCC 924.010 to 924.450.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
924.728 Decision criteria for a partition allow-
ing a small forest homestead dwelling
in the FCM or in a forest area of the
F/F zoning district
(A)  A new parcel in the FCM or in a forest
area of the F/F zoning district may be permitted
smaller than 80 acres to allow a small forest-
homestead dwelling if the criteria and require-
ments in subsection (B) are met through the Type
IIA review process.
(B)  Decision criteria.
(1) The originating authorized unit of
land is in the FCM or in a forest area of the F/F
zoning district.
(2) The originating authorized unit of
land at the time of application qualified for special
assessment under ORS Chapter 321.
(3) The proposed parcel containing the
dwelling shall be no larger than 5 acres except as
necessary to recognize physical factors such as
roads or streams. In such cases, the parcel shall be
no larger than 10 acres.
(4) The dwelling legally existed prior to
June 1, 1995. 
(5) The remaining parcel, not containing
the dwelling,
(a)  shall meet the 80-acre minimum
parcel size of the FCM or of a forest area in the
F/F zoning district; or
(b)  shall be consolidated with
another authorized unit of land which together
meet the 80-acre minimum size of the zoning
district.
(6) The remaining parcel, not containing
the dwelling, shall not be entitled to a dwelling
unless the law subsequently changes.
(7) The creation of the new parcels must
also satisfy LCC 924.005 to 924.499.
(8) The criterion set forth in LCC
933.310 (B) (4).
(9) The remaining parcel, not containing
the dwelling, shall not qualify for any uses al-
lowed under ORS 215.283 that are not allowed in
the FCM or in a forest area of the F/F zoning
districts.
(Latest rev. August 21, 2002) LINN COUNTY ? PARTITIONING CODE 924 - 13
Distribution Run time: April 4, 2003 (10:47:08am)
(C)  The dwelling on the originating parcel
becomes, by the partitioning, a small forest home-
stead dwelling.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?5 eff
6/30/99]
924.729 Decision criteria for forest practice
partitions in the FCM or in a forest
area of the F/F zoning district
(A)  A new parcel in the FCM or in a forest
area of the F/F zoning district containing less than
80 acres may be permitted to facilitate a forest
practice, as that term is defined in ORS 527.620,
if the criteria and requirements in subsection (B)
are met through the Type IIA review process.
(B) Decision criteria. The parcel shall:
(1) not be eligible for siting of a new
dwelling;
(2) not serve as the justification for the
siting of a future dwelling on other parcels;
(3) As a result of the authority granted by
this section, not be used to justify the redesigna-
tion or rezoning of resource lands;
(4) not result in a parcel of less than 35
acres, except:
(a)  Where the purpose of the author-
ity to partition is to facilitate an exchange of lands
involving a governmental agency; or
(b)  Where the purpose of the au-
thority to partition is to allow transactions in
which at least one participant has a cumulative
ownership of at least 2,000 acres of forest land;
and
(5) not result in a parcel smaller than 80
acres, if associated with the creation of a parcel
where a dwelling is involved.
(6)have unique property-specific charac-
teristics present in the proposed parcel that require
an amount of land smaller than the 80-acre mini-
mum property size in order to conduct the forest
practice.
(7) meet the criterion set forth in LCC
933.310 (B) (4).
(C)  The dwelling on the originating parcel
becomes, by the partitioning, a forest-resource
dwelling.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?5 eff
6/30/99]
924.730 Decision criteria for a partition for a
provider of public parks or open
space, or a not-for-profit land conser-
vation organization to purchase land
in EFU or F/F zoning district
(A)  A new parcel in the EFU or in the F/F
zoning district may be permitted smaller than 80
acres to allow a provider of public parks or open
space, or a not-for profit land conservation organi-
zation to acquire land if the criteria and require-
ments in subsection (B) are met through the Type
IIA review process.
(B)  Decision criteria.
(1) The land division is for the purpose
of allowing a provider of public parks or open
space, or a not-for-profit land conservation organi-
zation, to purchase at least one of the resulting
parcels;
(2) A parcel created by the land division
that contains a dwelling is large enough to support
continued residential use of the parcel;
(3) A parcel created pursuant to this
subsection that does not contain a dwelling:
(a)  Is not eligible for siting a dwell-
ing, except as may be authorized under ORS
195.120;
(b)  May not be considered in ap-
proving or denying an application for siting any
other dwelling;
(c)  May not be considered in ap-
proving a redesignation or rezoning of forestlands
except for a redesignation or rezoning to allow a
public park, open space or other natural resource
use; and
(d)  May not be smaller than 25
acres unless the purpose of the land division is:
(i)  To facilitate the creation of
a wildlife or pedestrian corridor or the implemen-
tation of a wildlife habitat protection plan; or
(ii)  To allow a transaction in
which at least one party is a public park or open
space provider, or a not-for-profit land conserva-
tion organization, that has cumulative ownership
of at least 2,000 acres of open space or park
property.
924 - 14 LINN COUNTY ? PARTITIONING CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:47:08am) Distribution
(4) As a condition of the approval, the
owner of any parcel not containing a dwelling
shall sign and record with the Clerk, an irrevoca-
ble deed restriction prohibiting the owner and the
owner?s successors in interest from pursuing a
cause of action or claim of relief alleging an injury
from farming or forest practices for which no
claim or action is allowed under ORS 30.936 or
30.937.
[Adopted 02-313 ?3 eff 8/21/02]
924.731 Decision criteria for partitions to sepa-
rate homesites on land zoned FCM or
in a forest area of the F/F zoning dis-
trict
(A)  A new parcel in the FCM or in a forest
area of the F/F zoning district may be permitted
smaller than 80 acres if the criteria and require-
ments in subsection (B) are met through the Type
IIA review process.
(B)  Decision criteria.
(1) The originating authorized unit of
land is in the FCM or in a forest area of the F/F
zoning district.
(2) The originating authorized unit of
land at the time of application qualified for special
assessment under ORS Chapter 321.
(3) At least two dwellings lawfully
existed on the authorized unit of land prior to
November 4, 1993.
(4) Each dwelling complies with the
criteria for a replacement dwelling in LCC
933.180.
(5) Except for one parcel, each parcel
created under this provision is between two and
five acres in size.
(6) At least one dwelling is located on
each parcel created under this provision.
(7) The creation of the new parcels must
also satisfy LCC 924.005 to 924.499.
(8) The landowner(s) of the parcels
created under this provision provide evidence that
a restriction prohibiting the landowner and the
landowner?s successors in interest from further
dividing the parcel has been recorded with the
Clerk.  The restriction shall be irrevocable unless
a statement of release is signed by the Director
indicating that the Comprehensive Plan or land
use regulations applicable to the parcel have been
changed so that the parcel is no longer subject to
statewide planning goals protecting forestland or
unless the land division is subsequently authorized
by law or by a change in a statewide planning goal
for land zoned for forest use or mixed farm and
forest use.
(9) A parcel may not be divided under
this provision if an existing dwelling on the unit
of land was approved under:
(a)  a statute, an administrative rule
or a land use regulation as defined in ORS
197.015 that required removal of the dwelling or
that prohibited subsequent division of the parcel;
or
(b) a farm use zone provision that
allowed both farm and forest uses in a mixed farm
and forest use zone under a statewide planning
goal protecting forestland.
(C)  The Director shall maintain a record of
parcels that do not qualify for division under the
restrictions imposed in subsection (B) of this
section.  The record shall be readily available to
the public.
(D)  A landowner allowed a land division
under this section shall sign a statement that shall
be recorded with the Clerk declaring that the
landowner and the landowner?s successors in
interest will not in the future complain about
accepted farming or forest practices on nearby
lands devoted to farm or forest use.
[Adopted 02-313 ?3 eff 8//13/02]
924.800 Deed restrictions
(A)  Deed restriction. An applicant seeking
authorization to create a parcel in compliance with
the criteria in LCC 924.720 or LCC 924.728 shall
provide evidence that a restriction on the remain-
ing parcel not containing the dwelling has been
recorded with the County Clerk. The restriction
shall meet the requirements of subsection (B).
(B)  Deed restriction requirements.
(Latest rev. August 21, 2002) LINN COUNTY ? PARTITIONING CODE 924 - 15
Distribution Run time: April 4, 2003 (10:47:08am)
(1) The restriction shall prohibit dwell-
ings on land in a forest area of the F/F or in the
FCM zoning district.
(2) The restriction shall be irrevocable
unless a statement of release is signed by the
Director indicating that the Comprehensive Plan
or land use regulations applicable to the property
have been changed in such a manner that the
parcel is no longer subject to the Statewide Plan-
ning Goal 4.
(C)  The Director shall maintain a record of
parcels that do not qualify for the siting of a new
dwelling under restrictions imposed by this sec-
tion. The record shall be readily available to the
public.
[Adopted 98-002 ?3 eff 3/4/98]
Statutory References and Other Authorities:
ORS 197; 203; 215
Legislative History of Chapter 924:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 98-432 eff 10/21/98
#2 99-121 ?5 eff 6/30/99
#3 99-156 ?4 eff 6/30/99
#4 02-313 ?3 eff 8/21/02
924 - 16 LINN COUNTY ? PARTITIONING CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (10:47:08am) Distribution
[This page is intentionally blank]
(Latest rev. June 30, 1999) LINN COUNTY ? PROPERTY LINE ADJUSTMENT CODE 925 - 1
Distribution Run time: April 4, 2003 (10:47:31am)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 2 ? Changes to Property Lines
CHAPTER 925
PROPERTY LINE ADJUSTMENT CODE
TABLE OF CONTENTS
   Section Title
   925.005 Title; short title
   925.010 Statement of purpose
   925.015 Situations not requiring a property line adjust-
ment
   925.020 Statement of potential adverse impact
   925.030 Consolidations not requiring property line
adjustments
   925.040 Consolidations requiring a property line adjust-
ment
   925.100 Application types
   925.120 Application procedure
   925.130 Application classification
   925.200 Review procedures
   925.320 Decision criteria; generally
   925.330 Decision criteria; Type IB property line adjust-
ments
   925.345 Decision criteria; Type IB property line adjust-
ments; split-zoned property
   925.350 Decision criteria; Type IIA property line ad-
justments
   925.355 Decision criteria; Type IIA property line ad-
justments; split-zoned property
   925.500 Final approval process
Statutory References and Other Authorities
Legislative History of Chapter 925
925.005 Title; short title
This Chapter, LCC 925.005 to 925.999, shall
be known and cited as the ?Linn County Property
Line Adjustment Code.? This Chapter may also be
referred to and cited as the ?Property Line Adjust-
ment Code.?
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?6 eff 6/30/99]
925.010 Statement of purpose
The purpose of this Chapter shall be to provide
the Director the basis to review all property line
adjustments within the unincorporated areas of
Linn County in order:
(A)  to ensure that the proposals are rightfully
being exempted from the partitioning process, and
(B)  to determine if a property line adjustment
is:
(1) A ministerial property line adjustment
process which, through the application of clear and
objective criteria, is intended to be a problem-
solving strategy employed only once to solve a
specific problem, or
(2) A property line adjustment which
requires a discretionary judgment to determine
whether property standards will continue to have
the physical characteristics needed to support the
use.
(C)   A consolidation that is not described in
LCC 925.030 is a property line adjustment which
shall comply with the requirements of this Chapter.
[Adopted 98-002 ?3 eff 3/4/98]
925.015 Situations not requiring a property line
adjustment
(A)  When ownership differences would
prevent the County Assessor from consolidating
newly-acquired property into an existing owner-
ship, the property line adjustment process shall not
be employed. An example would be when a mort-
gage exists for one, but not both, properties need-
ing to be consolidated and the applicant or the
925 - 2 LINN COUNTY ? PROPERTY LINE ADJUSTMENT CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (10:47:31am) Distribution
mortgage holder is unwilling to modify the mort-
gage to include the new acquisition.
(B)  If a consolidation described in subsection
(A) is not possible, the property line adjustment
option is not available.
[Adopted 98-002 ?3 eff 3/4/98]
925.020 Statement of potential adverse impact
An application for a property line adjustment
(PLA) to adjust a common property line in an
EFU or an F/F zoning district , if approved, will
eliminate the non-farm dwelling option and the
pre-85 dwelling option for the affected properties.
[Adopted 98-002 ?3 eff 3/4/98
925.030 Consolidations not requiring property
line adjustments
(A) A consolidation described in this subsec-
tion is not a property line adjustment and the
approval thereof is made by the County Assessor.
(1) The consolidation of property which
was previously omitted by obvious error in legal
description, into a single, contiguous authorized
unit of land.
(2) The reversion of a vacated right-of-
way into one or more contiguous authorized units
of land.
(3) The consolidation of a tract consist-
ing of only one authorized unit of land into a
single, contiguous tract.
(B)  Actions under this section do not require
a survey to be made pursuant to LCC 925.500.
[Adopted 98-002 ?3 eff 3/4/98]
925.040 Consolidations requiring a property
line adjustment
(A)  The consolidation of an authorized unit
of land of a tract having more than one authorized
unit into a different tract may be a Type IIA
property line adjustment procedure.
(B)  If the consolidation of properties de-
scribed in subsection (A) is not a Type IIA proce-
dure, then the decision whether to approve the
application is a Type IB property line adjustment
procedure and is subject to the exceptions and
requirements set forth in subsection (C) of this
section.
(C) Exceptions and requirements. A Type IB
consolidation described in subsection (B) of this
section into a single, contiguous authorized unit of
land of the same zoning district shall be treated as
a property line adjustment, except that
(1) no survey is required; and
(2) no plat is required; and
(3) the consolidation shall comply with
LCC 925.500 (B) and (C).
(D)  A consolidation described in this section
that results in a split-zoned property shall comply
with LCC 925.324 and 925.500.
[Adopted 98-002 ?3 eff 3/4/98]
925.100 Application types
(A) The Director shall determine pursuant to
this section whether an application filed under this
Chapter is a Type IB or a Type IIA application. 
(B)  Type IB. An application filed under this
Chapter is a Type IB (ministerial) property line
adjustment if, based on criteria that are clear and
objective, the decision on the application involves
at least one of the following:
(1) an adjustment that is being made for
the first time;
(2) no reduction in property size;
(3) an adjustment that, if granted, would
not reduce the property in size, if the application
was preceded by a permit allowing a reduction in
the property size of the same property;
(4) A Type IB split-zoned property; or
(5) a prior land use approval for a use was
not based on a requirement that the property be a
certain size.
(C) Type IIA. An application filed under this
Chapter is a Type IIA discretionary property line
adjustment if the application is for an adjustment
not described in subsection (B).
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
925.120 Application procedure
(A)  In addition to the requirements of
921.040, applications filed under this Chapter shall
contain a site plan which shows all of the property
line dimensions and location of improvements and
the area and dimensions to be added or reduced
from each property.
(Latest rev. June 30, 1999) LINN COUNTY ? PROPERTY LINE ADJUSTMENT CODE 925 - 3
Distribution Run time: April 4, 2003 (10:47:31am)
(B)  Before the application is deemed com-
plete, a property line adjustment that, if approved,
would result in properties of 2? acres or less:
(1) in zoning districts other than those in
the Rural Development Zone, may require review
and approval by the Environmental Health Pro-
gram as part of the planning review and approval
process; or
(2) in zoning districts in the Rural Devel-
opment Zone, require review and approval by the
Environmental Health Program as part of the
planning review and approval process.
[Adopted 98-002 ?3 eff 3/4/98]
925.130 Application classification
(A)  Within 21 days of the Director?s receipt
of a completed property line adjustment applica-
tion, the Director shall determine whether the
application is a Type IB (ministerial) or a Type
IIA (discretionary) land use decision.
(B)  When a property line adjustment in-
volves no exercise of discretion, it is subject to the
Type IB procedure. A property line adjustment
subject to a Type IB procedure will receive tenta-
tive approval if the applicable criteria in LCC
925.320, 925.330 and 925.345 are met.
(C)  When a property line adjustment in-
volves the exercise of discretion, it is a Type IIA
action and will receive tentative approval if the
applicable criteria in 925.320, 925.350 and
925.355 are met.
(D)  An authorized unit of land which is a
commercial farm or is part of a commercial farm
shall remain a commercial farm after its property
lines are adjusted.
(E)  If a non-resource land designation or a
non-resource dwelling designation has been
applied to the subject property through a previous
Director or Commission land use decision, the
unit of land is no longer considered a commercial
farm is not subject to subsection (A) of this sec-
tion.
(F)  An authorized unit of land which is a
commercial forest or is part of a commercial
forest unit shall remain a commercial forest unit
after the property lines are adjusted.
(G)  If a non-forest property or a non-forest
dwelling designation has been applied to the
subject property through a previous Director or
Commission land use decision, the property is no
longer considered a commercial forest property nor
subject to subsection (A) of this section.
(H)   LESA typical field size. The Director
shall use the typical commercial farm field size set
forth in this subsection and applicable landform as
determined by the Director using the Land Evalua-
tion and Site Assessment (LESA). LESA shall be
used to determine applicable landform based upon
the property?s predominant soil mapping units
identified by the Soil Survey of Linn County Area
Oregon.
Typical commercial farm field sizes are:
Bottom lands 30 acres
Terraces 40 acres
Hills 20 acres
(I)  The applications set forth in this subsec-
tion shall be initially classified as Type IB.
(1) If the subject property, to be reduced
in size, is already smaller than the typical commer-
cial farm field size designated by LESA for the
applicable land form, the property shall not be
considered a commercial farm field.
(2) If a reduction does not exceed 10% of
the existing acreage of an authorized unit of land
less than 80 acres in size in a forest area of the F/F
or in the FCM zoning district.
(J)  The applications set forth in this subsec-
tion shall be initially classified as Type IIA.
(1) A proposed reduction a forest area of
the F/F or in the FCM zoning district is not consis-
tent with the clear and objective standard set forth
in subsection (D) (2).
(2) A proposed reduction of a property?s
size, if the property line adjustment would reduce
a property below the LESA typical field size; in this
case judgment is required to determine if a com-
mercial farm would or would not remain.
(3) A proposed reduction of a property?s
size, if the size of a resource-zoned property or
tract was the basis for a resource-related dwelling
having been allowed in the past; the property or
925 - 4 LINN COUNTY ? PROPERTY LINE ADJUSTMENT CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (10:47:31am) Distribution
tract cannot be reduced in size below that qualify-
ing acreage unless the dwelling is otherwise
justified through a Type IIA process. For example,
a property containing a dwelling allowed outright
or conditionally on 160 acres cannot be adjusted
in size below 160 acres without a different condi-
tional use permit first having been justified for the
dwelling.
(4) A proposed reduction of a property?s
size, if the size and the farm use of a resource-
related property were the justification for a
resource-related dwelling previously allowed
conditionally. For example, the conditional use
permit for a dwelling once justified by a 200-head,
cow-calf operation, may or may not remain justi-
fied if the size of the property is allowed to be
reduced through a property line adjustment.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
925.200 Review procedures
(A)  In addition to the review procedures set
forth in LCC Chapter 921 (Administration of the
Land Development Code), the requirements of
this section must be satisfied
(B)  If the application complies with all of the
applicable criteria in LCC 925.300 or 925.400, the
Director shall grant tentative approval.
(C)  Any conditions of approval or require-
ments of the Development Code shall be listed in
the decision letter and shall be satisfied within the
stated time of 90 calendar days. An extension of
time is available upon written request. No addi-
tional decision letter is issued by the Director
when the conditions and requirements have been
met.
[Adopted 98-002 ?3 eff 3/4/98]
925.320 Decision criteria; generally
(A)  All of the criteria in this section shall be
satisfied prior to the Director approving a property
line adjustment.
(B)  Decision criteria.
(1) The property line adjustment, if
approved, shall not create any additional units of
land.
(2) Except as otherwise authorized in
paragraph (3), a property which meets or exceeds
the minimum property size required by the zoning
district shall not be reduced below the minimum
property size.
(3) A property which meets or exceeds the
minimum property size in the UGA?UGM zoning
district may be reduced below the minimum prop-
erty size through a variance approved under this
Development Code.
(4) Subject to subsections (5) and (6), an
authorized unit of land in non-resource zoning
districts which does not meet the size standard of
the zoning district may be further reduced in size
by a property line adjustment.
(5) The property line adjustment shall not
(a)  reduce the property below the
area and configuration needed to maintain water
supply and an approved septic system.
(b)  eliminate vehicular access for any
of the properties unless an alternative access has
been provided and approved.
(c)  create building encroachments
into specified setback areas. Where there is an
existing encroachment, the adjustment shall not
result in any greater setback encroachment unless
a variance has been granted.
(d)  cause an undeveloped property to
become ineligible for an approved septic system.
(e)  encroach the location of an
existing or approved septic system unless:
(i)  A repair area for an existing,
off-site septic system can be identified by Environ-
mental Health Program (EHP) and secured by the
applicant through an easement;
(ii)  The location of the off-site
repair area is surveyed; and
(iii)  An easement, together with
the surveyed description of the off-site repair area,
is recorded in the County Clerk?s office with a
copy of the recorded documents provided to EHP.
(6) No width, depth, or frontage standard
of any property that meets the standards required
by the zoning district may, by a property line
adjustment, fail to continue to meet the applicable
standard unless a variance has been granted.
[Adopted 98-002 ?3 eff 3/4/98]
(Latest rev. June 30, 1999) LINN COUNTY ? PROPERTY LINE ADJUSTMENT CODE 925 - 5
Distribution Run time: April 4, 2003 (10:47:31am)
925.330 Decision criteria; Type IB property
line adjustments
(A)  The decision criteria set forth in subsec-
tion (B) shall be applied to all Type IB property
line adjustments in the EFU, F/F, and FCM zon-
ing districts.
(B)  Decision criteria.
(1) In the EFU and in the farm area of the
F/F zoning district,
(a)   No property less than 80 acres
in size shall be reduced below the typical com-
mercial farm field size set forth in LCC 925.130
(H).
(b)  If the subject property, to be
reduced in size, is already smaller than the typical
commercial farm field size set forth in LCC
925.130 (H) the property shall not be reduced
below five acres. This limitation is necessary to
retain an adequate buffer to protect the occupants
of any existing or potential dwelling on the prop-
erty from the normal practices associated with
farm or forest uses of the surrounding and nearby
properties.
(2) In a forest area of the F/F or in the
FCM zoning district, adjustments that would
reduce the size of a less-than-80-acre property
shall not reduce the property more than 10% of
the existing acreage.
[Adopted 98-002 ?3 eff 3/4/98]
925.345 Decision criteria; Type IB property
line adjustments; split-zoned property
(A)  Type IB property line adjustments may
be permitted across a zoning district boundary to
create a split-zoned property if:
(1) The adjusted properties lie entirely
outside of an urban growth boundary and outside
of an incorporated city; and
(2) The owner of the split-zoned property
shall record a deed covenant that states that the
split-zoning of the property was initiated by the
owner and acknowledges that no parcels may be
created by partitioning along the zoning district
line unless each parcel is consistent with the
minimum parcel size of the applicable zoning
districts.
(B)  A copy of the recorded deed covenant
described in subsection (A) (2) shall be provided to
the Director before the adjustment may become
final.
[Adopted 98-002 ?3 eff 3/4/98]
925.350 Decision criteria; Type IIA property
line adjustments
(A)  The criteria set forth in subsection (B)
shall be applied, as appropriate, to a Type IIA
property line adjustment.
(B)  Decision criteria.
(1) The decision criteria set forth in LCC
925.320.
(2) No property may be reduced below
one acre. This limitation is based on the smallest
unit of land considered to be adequate for a rural
home site.
(3) A reduction of an authorized unit of
land in an EFU, F/F or FCM zoning district may be
approved for less than five acres but not less than
one acre only if it meets one of the tests in this
subsection. The objective of the tests is to assure
compatibility with surrounding land uses and
existing land development patterns. To further that
objective, the following tests shall only include
resource-zoned lands:
(a)  The authorized unit of land as it
currently exists, is bordered on at least 67 percent
of its perimeter by other authorized units of land
that are:
(i)  resource-zoned, and
(ii)  smaller than 5 acres, and
(iii)  at least two such properties
had dwellings on them on January 1, 1993; or
(b)  The authorized unit of land, as it
currently exists, is bordered on at least 25 percent
of its perimeter by other authorized units of land
that are
(i)  resource-zoned, and
(ii)  smaller than 5 acres, and
(iii)  at least four dwellings
existed on January 1, 1993 within one-quarter mile
of the center of the subject property; or
(c)  The authorized unit of land as it
currently exists, is determined to be within an area
925 - 6 LINN COUNTY ? PROPERTY LINE ADJUSTMENT CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (10:47:31am) Distribution
of significant impact regardless of impact directly
on its perimeter. The impact area is measured
outward one-quarter mile from the center of the
subject property. The impacted area must contain
(i)  all or part of at least 11 other
authorized units of land that are resource-zoned,
and
(ii)  at least three dwellings, all
of which must have existed on or before January
1, 1993; or
(d)  The proposed adjustment to a
property line is not adjacent to an area which may
be subjected to off-site farm or forest-related
impacts. Any decrease in the size of the property
shall not reduce the buffer between farm or forest
activities on nearby or adjacent tracts and the
subject property.
(4) If the applicant fails all of the tests set
forth in subparagraphs (a) to (d) of paragraph (3)
of this subsection, the failure to have met a struc-
tural setback standards may nonetheless be re-
solved by reducing a property by one acre or less,
with the actual reduction being no more than is
necessary to alleviate the actual encroachment
plus the required setback.
(5) If a single authorized unit of land
being reduced in size consists of more than one
contiguous tax-lot, the tax-lots shall be consoli-
dated into a single tax-lot if the application is
approved.
(6) For all properties being reduced in
size below the typical field size set forth by LESA
or below the 10% allowed ministerially for for-
ested property, a terrain feature must exist or a
management practice must be in place or proposed
that makes the adjustment advantageous to the
point that it mitigates the reduction.
(7) A property proposed to be reduced in
size below the typical field size set forth by LESA
or below the 10% allowed ministerially for for-
ested property shall not result in a property size
which would alter the stability of the land use
pattern of the area.
[Adopted 98-002 ?3 eff 3/4/98]
925.355 Decision criteria; Type IIA property
line adjustments; split-zoned property
A Type IIB property line adjustment may be
permitted across a zoning district boundary to
create a split-zoned property if:
(1) Any adjusted properties lie inside an
urban growth boundary or inside an incorporated
city; and
(2) The owner of the split-zoned property
shall record a deed covenant that states that the
split-zoning of the property was initiated by the
owner and acknowledges that no parcels may be
created by partitioning along the zoning district
line unless each parcel is consistent with the mini-
mum parcel size of the applicable zoning districts.
(B)  A copy of the recorded deed covenant
described in subsection (A) (2) shall be provided to
the Director before the adjustment may become
final.
[Adopted 98-002 ?3 eff 3/4/98]
925.500 Final approval process
(A)  Except for those boundary changes pro-
cessed solely through the Assessor?s Office and
identified in LCC 925.015, an adjusted property
line created by the relocation of the common
boundary between properties shall be surveyed,
monumented and filed in the County Surveyor?s
Office. The survey shall meet the requirements of
ORS 209.250. The survey plat shall reflect the
Department?s case file number and shall provide
signature blanks for the Director, and the County
Surveyor. A survey is not required:
(1) When all affected properties are larger
than 10 acres; or
(2) For the relocation of a common
boundary between lots in a platted subdivision or
parcels in a partition when the adjusted property
line is a distance of even width along the common
boundary.
(B)  Whether or not a survey is required to be
filed with the County Surveyor, a separate metes
and bounds description of the area being conveyed
shall be recorded with the County Clerk in a man-
ner acceptable to that office. A copy of the re-
(Latest rev. June 30, 1999) LINN COUNTY ? PROPERTY LINE ADJUSTMENT CODE 925 - 7
Distribution Run time: April 4, 2003 (10:47:31am)
corded description shall be provided to the Direc-
tor.
(C) Final deed requirements.
(1) After the description of the area being
conveyed has been recorded, a new description of
each of the adjusted authorized units of land that
complies with this paragraph shall be provided to
the Director.
(a)  The description shall not be
approved if it could be misconstrued as separate
authorized units of land recorded on one deed.
(b)  For the description, one option
is to use the original property description, fol-
lowed by the words ?together with? or ?and
also?and then insert the legal description of the
acquired property.
(c)  Another option is to record a
new metes and bounds description for the consoli-
dated property.
(2) The owner of a property being re-
duced in size shall record a deed restriction waiv-
ing the right to remonstrate against normal prac-
tices associated with farm or forest uses of the
surrounding properties. A copy of the recorded
deed covenant shall be provided to the Director
before the adjustment is considered final.
(3) If a deed conforms to this subsection
and is approved by the Director, the landowner
shall record the new deed for each adjusted autho-
rized unit of land with the County Clerk. A deed
that is titled ?To Consolidate Legal Descriptions?
or ?Property Line Adjustment? is exempted from
certain recording fees in the Clerk?s Office. The
applicant should consult with the Records Section
of the Clerk?s Office for recording information.
No development permits will be issued nor will
the property line adjustment become final until the
new deeds and descriptions are recorded and a
copy of each has been provided to the Director.
(D)  A final property line adjustment plat that
is a substantial change from the proposal that was
advertised is subject to LCC 921.020 (C) and
921.160 (C) proposed in the application.
(E)  Before the Director will sign the survey
plat, a demonstration shall be made on the plat,
either graphically or in narrative form, that no new
unit of land has been created and that compliance
with all conditions of approval and requirements of
Code has occurred.
(F)  The Director shall make a decision to sign
or to not sign the plat within 30 days of receiving
the final property line adjustment plat.
[Adopted 98-002 ?3 eff 3/4/98]
Statutory References and Other Authorities:
ORS 197; 203; 209; 215
Legislative History of Chapter 925:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 98-432 eff 10/21/98
#2 99-121 ?6 eff 6/30/99
925 - 8 LINN COUNTY ? PROPERTY LINE ADJUSTMENT CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (10:47:31am) Distribution
[This page is intentionally blank]
(Latest rev. June 30, 1999) LINN COUNTY ? SUBDIVIDING CODE 926 - 1
Distribution Run time: April 4, 2003 (10:47:50am)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 2 ? Changes in Property Lines
CHAPTER 926
SUBDIVIDING CODE
TABLE OF CONTENTS
   Section Title
I. GENERAL PROVISIONS
   926.005 Title; short title
   926.010 Definitions
   926.010 Statement of purpose
   926.020 Prohibition against sales of lots
II. TENTATIVE PLAN
   926.100 Pre-application conference
   926.110 Application procedure
   926.120 Tentative plan map; contents
   926.130 Tentative plan; supplemental contents
   926.140 Subdivision phasing
   926.150 Public notice
   926.160 Review and decision
   926.170 Decision criteria
   926.180 Appeal
III. PRELIMINARY PLAT
   926.200 Preliminary plat
   926.210 Extensions
   926.220 Limitations on renewal or re-filing of applica-
tions
IV. FINAL PLAT
   926.300 Survey requirements
   926.310 Final plat information
   926.320 Supplemental information with final plat
   926.330 Agreement for improvements
   926.340 Performance security
   926.350 Final plat approval
   926.360 Time limits for recording final plat
V. MISCELLANEOUS PROVISIONS
   926.400 Approved phasing; requirements
   926.500 Replatting procedures
   926.600 Subdivision road improvements
   926.610 Subdivision road improvement specifications
   926.620 Adjustment of road specifications
Statutory References and Other Authorities
Legislative History of Chapter 926
I. GENERAL PROVISIONS
926.005 Title; short title
This Chapter, LCC 926.005 to 926.999, shall
be known and cited as the ?Linn County Subdi-
viding Code. ?This Chapter may also be referred
to and cited as the ?Subdividing Code.?
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?7 eff 6/30/99]
926.010 Definitions
(A)  For purposes of this Chapter, the follow-
ing definitions apply.
(1)  ?Preliminary plat? means a tenta-
tive plan map that has met the requirements of this
Chapter and has been approved by the Director.
(2)   ?Tentative plan? includes tentative
plan map as described in LCC 926.120, and, as
required by LCC 926.130 and 926.140, improve-
ment plans, and any other documents and infor-
mation. The tentative plan shall clearly indicate
the design and objectives of the subdivision.
(3)  ?Tentative plan map? means a map
that complies with LCC 926.120 but that has not
yet met other requirements of this Chapter and has
926 - 2 LINN COUNTY ? SUBDIVIDING CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (10:47:50am) Distribution
not yet been approved as a preliminary plat by the
Director.
[Adopted 98-002 ?3 eff 3/4/98]
926.010 Statement of purpose
The purpose of this Chapter is to set forth the
requirements and standards regulating the prelimi-
nary and final platting procedures for subdivi-
sions.
[Adopted 98-002 ?3 eff 3/4/98]]
926.020 Prohibition against sales of lots
(A)  No person may at any time negotiate to
sell a lot until the preliminary plat has been ap-
proved.
(B)  No person shall sell or convey any
interest in a lot:
(1)  Until the plat has been signed by the
Director and recorded with the County Clerk.
(2)  By reference to, or exhibition or
other use of, a plat until that plat has been re-
corded.
[Adopted 98-002 ?3 eff 3/4/98]
II. TENTATIVE PLAN
926.100 Pre-application conference
(A)  Any person proposing to subdivide land
within the unincorporated areas of Linn County
shall file a letter of intent and four copies of a
tentative plan map of the proposal with the De-
partment.
(B)  Within 21 calendar days of the receipt of
the information required by subsection (A), the
Director shall call a conference at which represen-
tatives from the Environmental Health Program,
the County Road Department, the County Sur-
veyor?s Office, and a member of the Department
shall be present to review and discuss the proposal
with the applicant or the authorized representative
of the applicant.
(C)  The purpose of this conference is to
inform all parties of the proposal, discuss existing
and potential problems, coordinate actions and
evaluations, and in general, to determine if the
proposal conforms to the Comprehensive Plan
policies and guidelines, applicable Development
Code standards and any other applicable Linn
County Codes.
(D)  Within the letter of intent the applicant
shall indicate:
(1)  The location of the proposed subdi-
vision by township, range, section number(s), and
tax-lot number(s);
(2)  The proposed land uses in the subdi-
vision and the proposed lot dimensions and acre-
ages; and
(3)  Any other information relevant to the
proposal.
(E)  If the applicant fails to file a tentative
plan with the Department within one year from
the date of the conference, an additional review
will be required prior to the filing of the tentative
plan. The purpose of this review is to insure that
the regulations under which the original review
was conducted have not changed or that new
regulations which may have been enacted do not
affect the proposal. 
[Adopted 98-002 ?3 eff 3/4/98]
926.110 Application procedure
(A) In addition to the requirements of LCC
921.120 the applicant shall file an application in
compliance with the requirements of this section.
(B)  The applicant shall include with the
application filed in subsection (A) a tentative plan
including
(1)  eight copies of the tentative plan map
meeting the requirements of LCC 926.120; and
(2)  the information required by LCC
926.130 and 926.140.
[Adopted 98-002 ?3 eff 3/4/98]
926.120 Tentative plan map; contents
(A)  The applicant shall provide the Director
with all the information set forth in subsection
(B).
(B)  Contents of tentative plan map. The
tentative plan map shall be in sufficient detail to
illustrate the proposed development and shall
include, but not be limited to, the following
information:
(1)  Proposed name of subdivision.
(Latest rev. June 30, 1999) LINN COUNTY ? SUBDIVIDING CODE 926 - 3
Distribution Run time: April 4, 2003 (10:47:50am)
(a)  The subdivision name shall be
approved by the county surveyor.
(b)  This name shall not be the same
as, similar to or pronounced the same as the name
of any other subdivision in Linn County, unless
the land platted is contiguous to and platted by the
same party that platted the contiguous subdivision
bearing the name.
(c)  All subdivision plats must
continue the lot numbers of the subdivision plat of
the same name last filed.
(2)  The tentative plan map shall
(a)  be clearly and legibly drawn.
(b)  show all pertinent information
and
(c)  be drawn at a scale of
(i)  one inch equals 100 feet
(1" = 100'),
(ii)  one inch equals 50 feet
(1" = 50'), or
(iii)  other scale appropriate to
the size of the area involved but consistent with
common engineering scales.
(3)  North arrow, scale and date of the
completed drawing, and boundary lines.
(4)  The boundaries of the proposed
subdivision and each of the proposed lots.
(5)  The total acreage involved in the
request.
(6)  The layout of the proposed road
system and the location of existing and proposed
easements of road access.
(7)  Appropriate identification clearly
stating the map is a tentative plan.
(8)  Location of the subdivision by
township, range, section, tax-lot(s), and donation
land claim is sufficient to define the location and
boundaries of the proposed subdivision.
(9)  Location of at least one temporary
bench mark within the plat boundaries.
(10)  Contour lines related to the tempo-
rary bench mark or other datum approved by the
county surveyor and having contour intervals as
follows:
(a)  For slopes not in excess of 10
percent: two-foot contours.
(b)  For slopes over 10 percent: five-
foot contours.
(11)  Location, acreage and dimensions
of all lots and the proposed lot numbers.
(12)  Location, acreage and dimensions
of areas proposed for public use.
(13)  Sites, if any, allocated for a purpose
other than single-family dwellings.
(14)  Existing uses on the property,
including location of all existing structures.
(15)  Lots not intended for sale shall be
designated by an alphabetic symbol and the
intended usage of the lot shall be noted.
(16)  Existing locations, widths and
names of both opened and unopened roads within
or adjacent to the subdivision, together with
easements of road access or rights-of-way and
other important features such as section lines,
corners, monuments, city boundary lines, urban
growth boundaries and zoning district boundaries.
(17)  Location, width, name, approximate
grade and radii of curves of all proposed roads and
the relationship of such roads to any projected or
existing roads adjoining the proposed subdivision.
(18)  Location, width and purpose of
proposed easements of road access and private
roads for private use, where permitted, and all
reservations or restrictions relating to such ease-
ments of road access and private roads.
(19)  Notations indicating any existing
barrier strips or limitations on rights of access to
or from roads or to or from other authorized units
of land proposed by the developer.
(20)  Location of significant natural
features such as rock outcroppings, marshes and
wooded areas.
(21)  Location and direction of all water-
courses, wetlands and bodies of water and the
location of all areas in the floodplain.
(22)  Location of all existing or proposed
below-grade or above-grade utility lines or utility
easements.
(23)  The location of any approved septic
system sites for each of the proposed lots which
meets the rules and regulations of the Environ-
mental Quality Commission of the State of Ore-
926 - 4 LINN COUNTY ? SUBDIVIDING CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (10:47:50am) Distribution
gon as administered by the Department of Envi-
ronmental Quality or its contract agent.
(24)  Additional information as the
Director deems appropriate.
[Adopted 98-002 ?3 eff 3/4/98]
926.130 Tentative plan; supplemental contents
(A)  The applicant shall, in addition to the
information required in LCC 926.120, include the
information set forth in subsection (B) where
appropriate at the time the tentative plan map is
filed with the Director.
(B)  Supplemental information.
(1)  Names, addresses, phone numbers
and zip codes of all owners, subdividers or sur-
veyors responsible for designing the subdivision.
(2)  A vicinity map showing the relation-
ship of the proposed subdivision to surrounding
development, roads and any sewer and water
services within ? mile of the exterior boundaries
of the proposed development.
(3)  Name of irrigation district, drainage
district, water control district, water improvement
district or district improvement company within
which the property proposed for the subdivision is
located.
(4)  An applicant may propose a subdivi-
sion plat in not more than three phases.
(5)  Road design. The applicant shall
submit a letter documenting tentative plan map
approval from the Roadmaster of the proposed
road design.
(6)  Water system. The subdivider shall
demonstrate that an adequate supply of potable
water is available to the proposed lots.
(a)  In order to maintain a rural scale
of development, a public water system (i.e.,
serving more than three residences) is not permit-
ted unless:
(a)  a public health hazard for
lands within the proposed subdivision has been
declared by the county; or
(ii)  the subdivision lots are
entitled to service from an existing public water
system through a previously recorded agreement.
(b)  Public Water Systems. Public
water systems are regulated by the Linn County
Environmental Health Program.
(c)  Non-public water systems. When
a subdivision is to be served by a non-public water
system, sufficient evidence shall be submitted to
show that each lot will have available at time of
development an adequate supply of potable water
that meets minimum state microbiological and
chemical standards for drinking water. A 4-hour
or longer pump test which demonstrates 5 gallons
per minute or more of flow or storage capacity
equaling or exceeding that level shall be consid-
ered adequate water. Such evidence may include,
but is not limited to, test wells, existing well logs,
pump tests, chemical analysis and geologist?s
reports for the subject property and the surround-
ing area.
(i)  Production test wells shall
be completed prior to approval of subdivision
preliminary plat. The wells shall be in sufficient
number and distribution pattern to represent the
total area of the subdivision. The minimum num-
ber of test wells shall be the total number of lots
divided by six (round all fractions to next highest
number).
(ii)  A preliminary plat may be
considered for conditional approval prior to the
actual construction or testing of the required wells
so that the location or possible need for the wells
may be better determined. Prior to drilling, the
subdivider shall submit a map drawn to scale
showing the location of all proposed test wells and
obtain a report of the site-evaluation review
conducted by the EHP. The EHP shall review the
proposed well locations for compatibility of the
proposed test well locations with the locations of
existing septic systems and approved drain field
and replacement areas of record.
(iii)  No construction or devel-
opment work shall be started following condi-
tional approval of preliminary plat until all re-
quired water tests are completed and approved.
(7)  The nature and type of improvements
proposed for the subdivision and a timetable for
their installation.
(Latest rev. June 30, 1999) LINN COUNTY ? SUBDIVIDING CODE 926 - 5
Distribution Run time: April 4, 2003 (10:47:50am)
(8)  A description of community facilities
which would serve the subdivision and a timetable
for the completion or installation of the facilities.
(9)  If the Director has determined that
all of or a portion of a proposed subdivision may
be subject to unstable subsurface geology, geo-
logic faults or other problems related to local
geology, then the applicant shall submit a com-
plete geologic study of the area done by an inde-
pendent geologist. The applicant shall submit the
independent geologist?s report prior to any review
of the tentative plan. The fee for such study and
report shall be paid by the subdivider.
(10)  If the Department of Environmental
Quality has determined that a surface or subsur-
face water-quality problem exists then the appli-
cant shall submit a complete report by an inde-
pendent, qualified hydrologist or hydrogeologist
or other qualified specialist. The applicant shall
submit the report prior to any review of the tenta-
tive plan. The fee for such study and report shall
be paid by the subdivider.
(11)  If the Water Resources Department
has determined that a water-quantity problem
exists, then the applicant shall submit a complete
report by an independent, qualified hydrologist or
hydrogeologist or other qualified specialist. The
applicant shall submit the report prior to any
review of the tentative plan. The fee for such
study and report shall be paid by the subdivider.
(12)  Subdividers shall provide a list of
any restrictive covenants which are to be recorded.
(13)  Proposed plan for draining surface
water, including the location and type of drainage
ways to carry surface water from the development
without adversely affecting adjacent properties. If
any filling or excavation is proposed, the drainage
plan must demonstrate that adequate provisions
have been made for the prevention of back-up or
ponding of surface water on adjacent properties as
well as within the proposed development. Any
filling and excavation activities require a permit
consistent with LCC Chapter 850 (Linn County
Fill and Excavation Code).
(14)  Except as otherwise provided in
paragraph (16) of this subsection, all proposed
tentative plans located within the boundaries of an
irrigation district, drainage district, water control
district, fire district, or district improvement
company or other special district shall be submit-
ted to the board of directors of the district or
company and its approval obtained before submis-
sion of the tentative plan.
(15)  If the subdivider is unable to obtain
action or approval of any district or company
within 45 calendar days, the subdivider shall
notify the Director in writing and thereafter the
Department shall serve notice on that district or
company by certified mail advising that any
objection must be filed in writing with the Depart-
ment within 20 calendar days. Failure to respond
shall be considered as approval of the proposed
plan. The Director shall endorse a finding upon
the proposed plan that the district or company
failed to act and may approve the proposed plan
without the approval of such district or company.
(16)  In addition to the special district
notice and approval requirement of paragraph (14)
of this subsection, the subdivider shall contact
each school district in which the proposed subdi-
vision is located and obtain a written statement
from the school district of the impact of the
proposed subdivision on the school district.
(17)  If a proposed subdivision is located
within an urban growth area or planning area of
any city, the subdivider shall supply to the city a
copy of all materials given to the county.
(18)  The Director, in conducting the
technical review, shall contact the city and request
a written report of the city?s review of the pro-
posed subdivision and any recommendation(s)
made by the city.
[Adopted 98-002 ?3 eff 3/4/98]
926.140 Subdivision phasing
The applicant shall provide in the tentative
plan all phases proposed. Each phase proposed
shall be subject to the time limitations described
in subsections (A) to (C).
(A)  Phase 1 shall be recorded within 12
months of preliminary approval.
926 - 6 LINN COUNTY ? SUBDIVIDING CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (10:47:50am) Distribution
(B)  Phase 2 shall be recorded within 36
months of preliminary approval.
(C)  Phase 3 shall be recorded within 60
months of preliminary approval.
[Adopted 98-002 ?3 eff 3/4/98]
926.150 Public notice
The Director shall mail notice to all agencies,
special districts and property owners entitled to
notice in accordance with LCC Chapter 921
(Administration of the Land Development Code).
[Adopted 98-002 ?3 eff 3/4/98]]
926.160 Review and decision
(A)  The Director shall review the tentative
plan and reports of other reviewing agencies and
comments from the general public before making
a decision.
(B)  Approval of a tentative plan map by the
Director changes the status of the map to a prelim-
inary plat.
(C) The Director shall base the decision to
approve or deny the tentative plan on the criteria
in LCC 926.170.
(D)  If it is the Director?s determination that
a deviation is a minor deviation in lot dimensions,
occurring as a result of field survey information,
the Director may not withhold approval of the
tentative plan. If the Director determines that
substantial changes not mandated by the Director
are made, the Director shall require a new applica-
tion. The Director shall have the authority to
revoke approval of the tentative plan.
(E)  The Director shall have the authority to
impose conditions of approval on the tentative
plan.
(F)  The Director may approve, conditionally
approve, or deny the tentative plan.
[Adopted 98-002 ?3 eff 3/4/98
926.170 Decision criteria
(A)  The Director may give tentative approval
for a subdivision plan if, on the basis of the appli-
cation, investigation, testimony and evidence
submitted, findings and conclusions, all of the
decision criteria set forth in subsection (B) are
met.
(B) Decision criteria.
(1)  All the information required by LCC
926.110;
(2)  All the proposed lots conform to the
minimum standards set forth in LCC Chapter 923
(Lot and Parcel Design Standards Code);
(3)  The tentative plan conforms to the
Comprehensive Plan;
(4)  The tentative plan complies with the
Land Development Code;
(5)  An adequate supply of potable water
has been demonstrated to be available for the
entire proposal; and
(6)  Each lot has an approved septic
system site in accordance with state requirements;
(7)  The road design and location have
received approval from the Roadmaster. Appendix
A following LCC Chapter 935 (Access Improve-
ment Standards Code), provides a summary of the
text regarding road design standards. Drawings
and details are available from the Road Depart-
ment.
(8)  If a performance security is required
under LCC 926.340 to be posted, the subdivider
has agreed in writing to post the security;
(9)  Written approval from a fire district
has been given or if the area proposed for devel-
opment is outside a fire district, the entire devel-
opment shall be annexed to a fire district or form
their own district prior to the filing of the final
plat.
(10)  Unless excepted by LCC 926.130
(B) (14), written certification from an irrigation
district, drainage district, water control district,
water improvement district or district improve-
ment company within whose boundaries the
proposed partition is located as to whether or not
the property is within the district and is subject to
district fees (ORS 92.090).
(11)  The non-resource part of a
resource/non-resource (split-zoned) property may
be divided from the resource part through the
subdivision process without first being partitioned
if the non-resource part meets the minimum lot
size for the subdivision.
[Adopted 98-002 ?3 eff 3/4/98
(Latest rev. June 30, 1999) LINN COUNTY ? SUBDIVIDING CODE 926 - 7
Distribution Run time: April 4, 2003 (10:47:50am)
926.180 Appeal
Appeal of a decision may be made pursuant
to LCC Chapter 921 (Administration of the De-
velopment Code).
[Adopted 98-002 ?3 eff 3/4/98]
III. PRELIMINARY PLAT
926.200 Preliminary plat
(A) Following approval of the tentative plan,
the preliminary plat shall be binding upon the
county provided that the preliminary plat is not
substantially changed after the approval unless the
Director approval requires such changes.
(B)  The subdivider may rely on the prelimi-
nary plat as approved for the purpose of preparing
the final plat.
(C)  The preliminary plat shall be valid for 24
months from the date of approval. Unless an
extension is granted for the filing of a final plat,
approval of the preliminary plat shall be voided 24
months after the date of approval.
[Adopted 98-002 ?3 eff 3/4/98]
926.210 Extensions
(A)  The Director shall have the authority to
grant an extension to the 24-month limitation in
LCC 926.200 (C).
(B)  The Director shall have the authority to
grant an extension to any of the time limitations
imposed by LCC 926.140 on a phase of a subdivi-
sion being developed in phases.
(C)  The extension authorized by subsection
(A) and to each of the phases in subsection (B) is
limited to 12 months.
(D)  Any subdivider may request an extension
authorized by this section by filing a written
request setting forth the reasons why an extension
should be granted by the Director. After receiving
the written request from the subdivider, the Direc-
tor shall review the facts presented and based on
those facts may grant an. The Director may also
establish any conditions necessary for the imple-
mentation of the Land Development Code. Any
extension granted for a request under subsection
(B) of this section shall not affect any other phases
not under development.
(E)  The grant of an extension authorized by
this section shall be noted on two copies of the
preliminary plat. Any conditions imposed shall
also be noted on the copies of the preliminary
plat.One signed copy shall be given to the sub-
divider. The other copy shall be retained by the
Director.
[Adopted 98-002 ?3 eff 3/4/98]
926.220 Limitations on renewal or re-filing of
applications
Where a tentative plan has been denied, no
new application for the same purpose shall be
filed within one year of the date of the previous
denial unless the Director, for good cause, shall
grant permission to do so.
[Adopted 98-002 ?3 eff 3/4/98]
IV. FINAL PLAT
926.300 Survey requirements
(A)  Within 24 months after the date of the
tentative plan approval or within any extension of
time approved by the Director pursuant to LCC
926.210, the subdivider shall cause the subdivi-
sion to be surveyed and a duplicate set of final
subdivision plats to be prepared by a surveyor
pursuant to the requirements of ORS 92.050 to
92.080, ORS 209.250, and LCC 926.320 and
926.320. The final plat shall conform to the
approved preliminary plat and any mandated
changes.
(B)  A complete and accurate survey of the
land to be subdivided shall be made by a surveyor
in accordance with standard practices and princi-
ples of land surveying.
(C)  The County Surveyor shall approve all
subdivision surveys to be recorded in Linn County
subject to the requisite fees.
(D)  The surveyor?s stamp and the notarized
signature of the owner of the land proposed for
subdivision shall be required on the plats.
(E) The final subdivision plats shall bear a
signature line under which the following words
926 - 8 LINN COUNTY ? SUBDIVIDING CODE (Latest rev. June 30, 1999)
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shall appear: Director, Linn County Planning and
Building Department.
(F)  A signature line on the plat shall be
provided for the County Sanitarian whenever the
subdivision is located within the unincorporated
areas of Linn County, including urban growth
areas of incorporated cities within Linn County.
(G)  The plat may be placed on as many
sheets as necessary, but a face sheet and index
page shall be included for subdivision documents
placed upon three or more sheets.
(H)  One of the final plats offered for ap-
proval and recording shall be permanently stored
with the county recording officer. The other is to
be returned to the County Surveyor after recorda-
tion and it is this plat from which copies will be
made.
[Adopted 98-002 ?3 eff 3/4/98]
926.310 Final plat information
(A)  The following information shall be
shown on the final plat:
(1)  The name of the subdivision, the
date the plat was prepared, the scale, north arrow
and legend;
(2)  Legal description of the subdivision
boundary;
(3)  Reference by distance and bearings
to adjoining recorded surveys, if any, and refer-
enced to a field book or maps as follows:
(a)  Stakes, monuments or other
evidence found on the ground and used to deter-
mine the boundary of the subdivision.
(b)  Adjoining corners of adjoining
subdivision.
(c)  Other monuments found or
established in making the survey of the subdivi-
sion, or required to be installed by provisions of
the Land Development Code.
(4)  Numbering of lots as follows: lot
number beginning with the number ?1? and
numbered consecutively. (See ORS 92.090)
(5)  All dimensions shall be in feet and
decimal fractions of a foot, to the nearest hun-
dredth (.01 or 1/100) of a foot;
(6)  Location of all permanent monu-
ments within the proposed subdivision;
(7)  In addition to locational information
required in LCC 926.050 (B), city limits, county
lines or an adjacent subdivision?s boundary line
shall be referenced when appropriate.
(8)  Acreages of each lot to the nearest
hundredth (.01 or 1/100) of an acre and total
acreage of the subdivision;
(9)  All sites to be utilized for public
purposes shall be clearly noted on the plat;
(10)  Exact location and width of roads
and easements of road access intersecting the
boundary of the subdivision;
(11)  Subdivision lot lines and road
right-of-way and center lines, bearings, arc length,
chord length, chord bearings, radius and central
angle, distances and tangent bearings with dimen-
sions to the nearest hundredth (.01 or 1/100) of a
foot. Subdivision boundary, lot lines and road
bearings shall be shown with a basis of bearing.
(12)  Names and width of the portion of
roads being dedicated, the width of any existing
right-of-way, and the width on each side of the
centerline. For roads on curvature, curve data shall
be based on the road centerline. In addition to the
centerline dimensions, the radius and central angle
shall be indicated;
(13)  Easements of road access denoted
by fine dotted lines, clearly identified and, if
already of record, their recorded reference. If an
easement of road access is not of record, there
shall be written statement of the easement. The
width of the easement, its length and bearing, and
sufficient ties to locate the easement with respect
to the subdivision must be shown. If the easement
is being dedicated by the map, it shall be properly
referenced in the owner?s certificates of dedica-
tion;
(14)  Locations and widths of drainage
channels, railroad rights-of-way, barrier strips at
the end of stubbed roads or along the edge of
partial-width roads on the boundary of the subdi-
vision;
(15)  The location of all utility easements
within the subdivision; and
(Latest rev. June 30, 1999) LINN COUNTY ? SUBDIVIDING CODE 926 - 9
Distribution Run time: April 4, 2003 (10:47:50am)
(16)  Any conditions specified by the
Director upon granting preliminary approval.
(17)  The Department?s case file number.
[Adopted 98-002 ?3 eff 3/4/98]
926.320 Supplemental information with final
plat
The subdivider shall supply the county with
the following information at the time the final plat
is recorded:
(A)  A subdivision guarantee report contain-
ing the following information shall accompany the
final plat: name of current owner; any easements
of record; and any other encumbrances on the
subject property.
(B)  A copy of any restrictive covenant(s)
shall be filed with the final plat. Restrictive cove-
nants are optional with the subdivider unless the
final plat indicates area(s) of common ownership.
These final plats having areas jointly owned or
used by the various owners in the subdivision
shall be governed by a covenant document which
shall be filed with the county.
(C)  The subdivider shall provide traverse
data to the county surveyor on form worksheets or
complete computer printouts showing the closure
of the exterior boundary of the subdivision and of
each lot in the subdivision.
(D)  Improvement plans shall be submitted
for various facilities that are to be constructed by
the subdivider including drainage plans, subsur-
face septic system plans, water plans, curb and
gutter, sidewalk, and road plans and any other
construction plans that may be required. These
plans shall indicate design criteria, assumptions
and computations for property analysis in accor-
dance with sound engineering practice. Where
such plans are the same as those included in the
county?s standard specifications, they may be
submitted by reference to such standard specifica-
tions.
(E)  All land shown on the final plat as being
dedicated to the public for public use shall be
offered for dedication at the time the final plat is
filed and must be expressly accepted by the Board
prior to the final plat being accepted for recording.
Land dedicated for public use, other than roads,
shall be established as public by the Board with
the acceptance of a deed and by no other means.
The deed shall be properly recorded with the
clerk?s office.
(1)  Land for property dedicated for
public purposes may be provided to the county by
any of the following methods:
(a)  By dedication on the land subdi-
vision plat; or
(b)  By a separate dedication or
donation document on the form provided by the
county. 
(2)  Notwithstanding paragraph (1) of
subsection (E) of this section, easements in subdi-
vision may be granted for public utility purposes
without an acceptance from the governing body.
(F)  All roads, pedestrian ways, easements of
road access, other rights-of-way, drainage chan-
nels, barrier strips and easements other than for
roadway purposes shown on the final plat in-
tended for public use shall be offered for dedica-
tion for public use at the time the final plat is
filed. A statement signed by the subdivider shall
be affixed on the final plat offering the above-
described rights-of-way for dedication to the
public.
(G)  Rights of access to and from roads and to
and from authorized units of land, shown on the
final plat shall not have final approval until such
time as the Roadmaster is satisfied that the re-
quired road improvements are completed in
accordance with applicable standards and specifi-
cations. The subdivider must petition separately to
the Board for acceptance of any dedicated land,
access rights or facilities. Acceptance of the final
plat shall not be construed as approval of dedi-
cated land rights, easements or other facilities.
(H)  One-foot (1') barrier strips shall be
provided across the end of stubbed roads adjoin-
ing unsubdivided land or along roads or half roads
adjoining subdivided land and shall be designated
as a barrier strip on the plat. The barrier strip shall
be included in the dedication, granting title to the
Board for the purpose of controlling access over
the barrier strip to assure road management. This
926 - 10 LINN COUNTY ? SUBDIVIDING CODE (Latest rev. June 30, 1999)
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barrier strip shall overlay the dedicated road
right-of-way. The Board may require a barrier
strip in other areas of the subdivision in order to
control access.
(I)  Any road and barrier strip dedications
shall be conveyed to Linn County by separate
document other than on the final partition plat.
The separate conveying document for dedicated
roads and barrier strips shall be recorded concur-
rently and its recordation number shall be refer-
enced on the final partition plat.
(J)  The final plat shall be accompanied by a
drainage plan showing road grades, curbs, natural
drainage ways and other drainage works in suffi-
cient detail to enable the engineer to determine the
adequacy of provisions for drainage and the
disposal of surface and storm waters within the
subdivision and other adjoining areas. Subsequent
changes to the drainage plan may be approved by
separate action by the Board after receiving the
recommendation by the Roadmaster.
(K)  The final plat shall be accompanied by a
fill and excavation plan that conforms to LCC
Chapter 850 (Linn County Fill and Excavation
Code).
(L)  A statement signed by the subdivider
which holds Linn County harmless and in which
the subdivider agrees to defend Linn County and
pay any judgment against Linn County arising
from any action, suit or other legal or quasi-legal
proceeding arising out of the approval granted by
Linn County concerning the water supply of the
subdivision as a result of information submitted
by the subdivider as required in LCC 926.130 (B).
The statement shall be affixed to the final plat.
(M)  A quotation from the Linn County
Assessor on taxes to be paid on a proposed subdi-
vision before final platting shall take place, in
accordance with ORS 92.095.
[Adopted 98-002 ?3 eff 3/4/98]
926.330 Agreement for improvements
(A)  The subdivider shall improve or agree to
improve lands dedicated for roads, alleys, pedes-
trian ways, drainage channels, easements of road
access and other rights-of-way as a condition
preceding the acceptance and approval of the final
plat. The road improvements within subdivisions
set forth in LCC 926.600 are subject to LCC
926.610 and Appendix A of LCC Chapter 935
(Access Improvement Standards Code, including
related diagrams available at the Road Depart-
ment.
(B)  Prior to certifying approval on the final
plat by the Director, the subdivider shall either
install all required improvements and repair
existing roads and other public facilities damaged
in the development of the subdivision or they shall
execute and file with the Board an agreement
between the subdivider and the county specifying
the period within which all the required improve-
ments and repairs shall be completed. The agree-
ment shall provide that if all of the work is not
completed within the time frame specified, the
county may complete the work and recover the
full cost and expense thereof from the subdivider.
The subdivider shall also comply with the require-
ments for performance security under LCC
926.340.
(C)  Provisions for the construction of the
improvements in phases under specified condi-
tions may be made upon prior agreement with the
Department.
(D)  Extensions of time for the required
improvements may be granted only if the subdi-
vider requests the extension prior to the required
time period elapsing. If the specified time for the
improvements has elapsed, provisions to complete
the improvements as provided in LCC 926.330
(B) shall be followed.
[Adopted 98-002 ?3 eff 3/4/98]
926.340 Performance security
A performance security shall be required with
the agreements as provided in LCC 926.330. To
assure full faith and faithful performance of the
agreement, the subdivider shall file a performance
complying with LCC 933.110.
[Adopted 98-002 ?3 eff 3/4/98]
926.350 Final plat approval
(A)  Prior to any county official signing
approval of the final plat, all persons who own
(Latest rev. June 30, 1999) LINN COUNTY ? SUBDIVIDING CODE 926 - 11
Distribution Run time: April 4, 2003 (10:47:50am)
land in the subdivision and the mortgagee, if any,
shall sign approval on the final plat.
(B)  The signature and seal of the surveyor
who is responsible for preparing the subdivision
plat shall also be affixed to the final plat prior to
approval by any county official. All signatures
must be with permanent, black, India-type ink.
(C)  Within 21 calendar days of the submis-
sion of the final plat and all supplemental infor-
mation required by LCC 926.310 to 926.340, the
Director shall determine if the subdivider has
complied with all of the requirements of this
Chapter. The Director shall also determine if the
final plat conforms to the preliminary plat and any
mandated changes.
(D)  If the Director determines that the final
plat does not conform to the above-mentioned
requirements, the subdivider shall be so notified
and afforded an opportunity to make the necessary
corrections.
(E)  Upon receipt of the final plat consisting
of the exact transparent copy thereof, prints, and
supplementary information, the Director shall
review the final plat and accompanying docu-
ments to determine that the plat conforms with the
approved preliminary plat, conditions of approval
and the requirements of the Land Development
Code.
(F)  The Director shall not approve the final
plat if it does not conform to the approved prelim-
inary plat, conditions of approval, and the require-
ments of the Land Development Code. The Direc-
tor shall either return the plat to the subdivider to
have the required information included or review
the changes as an amended tentative plan.
(G)  The Director shall approve a final subdi-
vision plat if the Director determines that the final
plat conforms to the approved preliminary plat,
including any conditions of approval that were
imposed. The Director shall approve the final plat
by signing the appropriate signature line on the
final plat. 
(H)  Following the Director?s approval of the
final plat, the following county officials shall also
approve and so indicate by affixing their signa-
tures on the final plat. When all of the signatures
of all the following county officials have been
placed upon the final plat, it shall be considered
final by Linn County:
(1)  Surveyor;
(2)  Engineer;
(3)  Sanitarian;
(4)  Assessor/Tax Collector;
(5)  No fewer than two members of the
Board; and
(6)  Clerk.
(I)  Pursuant to ORS 92.100 (2), the Linn
County Surveyor shall check the subdivision site
and the plat and shall take such measurements and
make such computations as are necessary to
determine that the subdivision plat complies with
the requirements of the Land Development Code
and with ORS 92.050 prior to signing approval on
the final plat.
(J)  A fee, as prescribed by ORS 92.100 (2),
shall be paid by the subdivider to the County
Surveyor prior to the County Surveyor undertak-
ing these computations.
(K)  Dedication acceptance. Approval of a
final plat by Linn County shall constitute an
acceptance by the public of the dedication of any
road shown on the plat. Acceptance of a road by
approval of the final plat shall not constitute an
acceptance to maintain the road. Acceptance of
the maintenance of any road accepted by approval
of a final plat shall be by a separate process of
petitioning the Board for acceptance of road
maintenance. Approval of the final plat shall not
act as an acceptance by the Board of any other
land for public purposes.
[Adopted 98-002 ?3 eff 3/4/98]
926.360 Time limits for recording final plat
The subdivider shall record the final plat
within 30 calendar days of the date that the last
signature of approval, as required in LCC
926.350, has been obtained. In the event the final
plat is not recorded within the time frame herein
provided, it shall be resubmitted to the Depart-
ment which may require changes or alterations
deemed necessary due to potential changes within
the area of the subdivision.
926 - 12 LINN COUNTY ? SUBDIVIDING CODE (Latest rev. June 30, 1999)
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[Adopted 98-002 ?3 eff 3/4/98]
V. MISCELLANEOUS PROVISIONS
926.400 Approved phasing; requirements
(A) If a subdivider has proposed a subdivi-
sion that is phased as described in LCC 926.140,
and the phasing was approved by the Director, the
phasing must comply with this section.
(B)  All sections of any subdivision which
have an approved phasing plan under preliminary
plat approval, shall fall under control of the
various ordinances in effect at the time of prelimi-
nary approval, unless state or local law shall
determine that the revised ordinance or laws are to
be followed.
(C)  The Director shall review each phase
prior to the recording of that particular section to
determine that the phase is in accord with the
preliminary approval.
(D)  Amendments not consistent with the
original approval will require that
(1)  the applicant submit a new applica-
tion, or
(2) conform the preliminary plat pro-
posed to be recorded with the preliminary plat as
approved.
(E)  If any of the time limitations as set forth
in LCC 926.210 are exceeded, the Director shall
void the preliminary approval issued for the
subdivision or any phase of the subdivision not
yet recorded.
[Adopted 98-002 ?3 eff 3/4/98]
926.500 Replatting procedures
Once a final plat has been recorded with the
county, the property shall be developed as platted.
(A)  A single property line adjustment or a
series of adjustments that are so minor as not to
constitute a reconfiguration of the platted subdivi-
sion shall not require a replat. Such property line
adjustments are filed in the Department.
(B)  The act of replatting shall allow the
vacation and reconfiguration of lots and public
easements within a recorded plat. The replatting
shall not vacate any public road.
(C)  The Director shall review the replat to
determine conformance with the Comprehensive
Plan and all other applicable provisions of Linn
County Code including the purpose and intent of
this Development Code.
(D)  If the Director finds that the replat does
not conform to all of the applicable provisions of
Linn County Code, the subdivider shall be given
the opportunity to make the changes necessary to
bring the replat into conformance. The Director
shall have the authority to approve, conditionally
approve or disapprove the proposed replat.
(E)  The developer shall make all corrections
deemed appropriate by the Director and file the
replat which the director shall review pursuant to
LCC 926.350.
(F)  This section shall apply to all subdivision
for which final plats have been recorded, both
prior to and after the effective date of the Land
Development Code.
(G)  Replats of subdivisions are not subject to
the review authority of irrigation districts, drain-
age, water control, fire or other special districts.
[Adopted 98-002 ?3 eff 3/4/98]
926.600 Subdivision road improvements
(A)  Work shall not commence until plans
have been reviewed for adequacy and approved by
the Roadmaster. To the extent necessary for
evaluation of a subdivision proposal, the access
plans will be required before approval of the
preliminary plat pursuant to this Chapter. All
plans shall be prepared in accordance with re-
quirements of the Roadmaster. If work is discon-
tinued, for any reason, for a period of more than
90 days as determined by the Roadmaster, it shall
not be resumed until the Roadmaster has been
notified.
(B)  Road improvements shall not have final
approval until such time as the Roadmaster is
satisfied that the required road improvements are
completed in accordance with the specifications
and standards set forth in this Chapter and any
further specifications deemed appropriate by the
Roadmaster. Once roads have been completed to
county standards and are approved by the Road-
(Latest rev. June 30, 1999) LINN COUNTY ? SUBDIVIDING CODE 926 - 13
Distribution Run time: April 4, 2003 (10:47:50am)
master, they may be accepted by the Board for
maintenance purposes. However, acceptance for
maintenance purposes must be requested from the
Board in addition to normal procedures for subdi-
vision and such acceptance cannot be construed
from approval of the plat. Acceptance of the
completed work as part of the county road system
shall be done only by the Board, upon the recom-
mendation of the Roadmaster. The petitioning
process, separate from approval of the final plat,
must be initiated by the subdivider.
(C)  Once the final subdivision or road im-
provement project plans have been approved,
subsequent approvals of plans, specifications and
construction shall be under control of the Road-
master and the appropriate provisions of Appen-
dix A of LCC Chapter 935 (Access Improvement
Standards Code), including related diagrams
available at the Road Department.
(D)  Improvements of roads shall be made on
the following basis:
(1)  All new county roads in Linn County
are required to be paved prior to approval by the
Board or acceptance into the county road system
and assumption of maintenance by the county (see
ORS 368.546).
(2)  At the request of a city, the require-
ment to have curbs and gutters within a stated
distance of city boundaries may be waived.
(3)  Sidewalks may be required where the
Director determines these are necessary.
(4)  Bicycle paths or lanes may be re-
quired on arterials or collectors when it has been
determined by the Director and the Roadmaster
that a hazard may exist to pedestrians and cyclists
as a result of traffic volume and the combination
of pedestrians, non-motorized and motorized
traffic moving within the same undifferentiated
traffic route and flow. (See the Transportation
Element of the Comprehensive Plan for identifica-
tion of arterials and collectors.)
(E)  Roads shall be completed as follows:
(1)  Clearing and full right-of-way limits.
(2)  Surface drainage facilities both
within and outside of right-of-way limits.
(3)  Underground facilities, sanitary
sewer and storm drains installed in roads by the
subdivider prior to the surfacing of the roads.
Service laterals for underground utilities and
sanitary sewer placed to lengths that will avoid the
need to disturb road improvements when service
connections are made.
(4)  Base and pavement for roadways in
place and compacted.
(5)  Concrete curbs, sidewalks and/or
bicycle paths in place where required.
[Adopted 98-002 ?3 eff 3/4/98]
926.610 Subdivision road improvement speci-
fications
(A)  The location, width and grade of roads
shall be considered in their relation to existing and
planned roads, topographical conditions, public
convenience and safety and to the proposed use of
the land to be served by the road. Where location
is not shown in the Comprehensive Plan, the
arrangement of roads in a subdivision shall either:
(1)  Provide for the continuation or
appropriate projection of existing principal roads
in surrounding areas; or
(2)  Conform to a plan for the neighbor-
hood, approved or adopted by the Director, to
meet a particular situation where topographical or
other conditions make continuance or confor-
mance to existing roads impractical.
(B)  Alignment. As far as practical, roads
other than minor roads shall be in alignment with
existing roads by continuations of right-of-way
center lines. Staggered road alignment resulting in
?T? intersections shall, whenever practical, leave
a minimum distance of 250 feet between the
center lines of roads having approximately the
same direction.
(C)  Alleys. Shall be provided in commercial
and industrial zoning districts when requested by
the Director for access to off-road parking and
loading facilities. The corner of alley intersections
shall have a radius of not less than 12 feet.
(D)  Bicycle Paths. When determined by the
Director to be desirable or necessary as a result of
existing or anticipated traffic volumes or other
926 - 14 LINN COUNTY ? SUBDIVIDING CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (10:47:50am) Distribution
factors, bicycle paths shall be constructed to
specifications set forth by the Roadmaster, either
within the dedicated right-of-way for roads or
within a separately dedicated right-of-way. Any
design for such paths shall have approval of the
Roadmaster prior to commencing construction.
(E)  Curbs and Sidewalks. When required,
concrete curbs and concrete sidewalks and their
location and width shall be determined by the
Director. In making such determination, the
Director shall take into consideration topography
of the land, the presence of improvements, trees or
other plantings, the type of road and the location
of the sidewalks, if any, on adjacent properties.
When required, sidewalks shall be placed within
the dedicated right-of-way one foot from the
property line
(F)  Existing Roads. Whenever existing roads
adjacent to or within a tract are of substandard
width, additional right-of-way shall be required at
the time of subdivision.
(G)  Frontage Roads and Reversed Frontage
lots. Where a residential subdivision abuts or
contains an existing or proposed arterial road or
railroad right-of-way, the Director may require
frontage roads or reversed frontage lots. The lots
shall be designed with adequate depth for screen
planting and fencing and may, where desirable or
necessary, include reservations restricting access
to adequately protect residential properties and to
afford separation of through and local traffic.
(H)  Future Extension of Roads. Where
necessary to give access to or permit a satisfactory
future subdivision of adjoining land, roads shall
be extended to the boundary of the subdivision.
The resulting dead-end roads may be approved
without a turnaround. A barrier strip, or a barrier
strip and a physical barrier, meeting the approval
of the Roadmaster may be required to preserve the
objectives of road extensions.
(I)  Grades and Curves. Grades and curves of
roads shall meet the minimum standards and
specifications shown in Appendix A of LCC
Chapter 935 (Access Improvement Standards
Code), including related diagrams available at the
Road for the particular type of road. Where exist-
ing conditions, particularly topography, make it
impractical to provide buildable lots, the Director
may accept steeper grades and sharper curves
provided that favorable recommendation of the
Roadmaster has been secured in advance.
(J)  Half Roads. Half roads, while generally
not acceptable, may be approved where essential
to the reasonable development of the subdivision,
when in conformance with the other requirements
of these regulations and when the Director finds it
will be practical to require the dedication of the
other half when the adjoining property is subdi-
vided. Whenever half of the road is to be platted
within such tract, a barrier strip, or a barrier strip
and a physical barrier, meeting the approval of the
Roadmaster may be required to preserve the
objective of half roads. No development is permit-
ted on a half road.
(K)  Intersection Angles. Roads shall be laid
out to intersect at angles as near to right angles as
practical except where topography requires a
lesser angle. In no case shall the angle be less than
75 degrees unless there is a special intersection
design. The intersection of arterial or collector
roads with other arterial or collector roads shall
have at least 100 feet of tangent adjacent to the
intersection unless otherwise required due to the
topography. In this case, approval by the Road-
master shall be required. Other roads shall have at
least 100 feet of tangent adjacent to the intersec-
tion unless topography requires a lesser distance.
Intersections which are not at right angles shall
have a minimum corner radius of 20 feet along the
right-of-way lines of the acute angle. Right-of-
way lines at intersections with arterial roads shall
have a corner radius of not less than 20 feet.
(L)  Road Names. Except for extensions of
existing roads, no road name shall be used which
will duplicate or be confused with the names of
existing roads. Road names and house numbers
shall conform to LCC Chapter 960 (Rural Ad-
dressing Code) and if near a city, to the pattern in
the city. Road names shall be subject to the ap-
proval of the Board.
(M)  Surfacing. Subdivision roads shall be
improved to full county standards shown in
(Latest rev. June 30, 1999) LINN COUNTY ? SUBDIVIDING CODE 926 - 15
Distribution Run time: April 4, 2003 (10:47:50am)
Appendix A of LCC Chapter 935 (Access Im-
provement Standards Code), and related diagrams
available at the Road Department. Subdivision
roadways shall be constructed to approved grade
including ditches, culverts, bank slopes and other
standards as the Roadmaster shall require.
[Adopted 98-002 ?3 eff 3/4/98]
926.620 Adjustment of road specifications
At the Roadmaster?s discretion, the Road-
master may adjust any of the above mentioned
specifications and standards in order to provide
flexibility and to cover situations which differ
from one site to another.
[Adopted 98-002 ?3 eff 3/4/98]
Statutory References and Other Authorities:
ORS 92; 197; 203; 209; 215; 368
Legislative History of Chapter 926:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 99-121 ?7 eff 6/30/99
926 - 16 LINN COUNTY ? SUBDIVIDING CODE (Latest rev. June 30, 1999)
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(Latest rev. April 28, 2004) LINN COUNTY ? ZONING DISTRICT ESTABLISHMENT CODE 927 - 1
Distribution Run time: May 7, 2004 (10:54:46am)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 3 ? Zoning Districts
CHAPTER 927
ZONING DISTRICT ESTABLISHMENT
CODE
TABLE OF CONTENTS
   Section Title
927.005 Title; short title
927.010 Statement of purpose
927.100 Establishing and designating land use zoning
districts
927.200 Rural Resource Zone
927.300 Rural Development Zone
927.400 Urban Growth Area Zone
927.500 Overlays
927.500 Industrial zoning districts
927.510 Commercial zoning districts
927.600 Residential zoning districts
927.700 Division of zoning maps
927.800 Relation of land use designations in the Compre-
hensive Plan and zoning districts in the Develop-
ment Code
Statutory References and Other Authorities
Legislative History of Chapter 927
Appendix 1 ? Tables of Zoning Districts and Overlays
Appendix 2 ? Implementation Matrix
927.005 Title; short title
This Chapter, LCC 927.005 to 927.999, shall
be known and cited as the ?Linn County Zoning
District Establishment Code.? This Chapter may
also be referred to and cited as the ?Zoning Dis-
trict Establishment Code.?
[Adopted 98-200 ?3 eff 3/4/98; amd 99-121 ?8 eff 6/30/99]
927.010 Statement of purpose
The purpose of this Chapter is to create
certain land use zoning districts in order
(A)  to classify, regulate, restrict and segre-
gate the uses of land and buildings;
(B)  to regulate and restrict the height and
size of buildings;
(C)  to regulate the area of yards and other
open spaces around buildings; and
(D)  to regulate the density of population.
[Adopted 98-200 ?3 eff 3/4/98]
927.100 Establishing and designating land use
zoning districts
(A)  In order to carry out the purposes set
forth in LCC 927.010, there are hereby estab-
lished:
(1) rural resource zoning districts to be
known collectively as the Rural Resource Zone,
(2) rural development zoning districts, to
be known collectively as the Rural Development
Zone,
(3) urban growth area zoning districts to
be known collectively as the Urban Growth Area
Zone, and
(4) Overlays.
(B)  The zoning districts established in sub-
section (A) are set forth in the tables found in
Appendix 1 following this Chapter. The tables are
organized into three columns of rows containing
the following information:
(1) the chapter number of the Linn
County Code treating each zoning district,
927 - 2 LINN COUNTY ? ZONING DISTRICT ESTABLISHMENT CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:54:46am) Distribution
(2) the abbreviation of the name of each
zoning district, and
(3) the name of each zoning district.
[Adopted 98-200 ?3 eff 3/4/98]
927.200 Rural Resource Zone
(A)  There is hereby established a class of
zoning districts referred to as the Rural Resource
Zone (RRZ).
(B)  The Rural Resource Zone is comprised
of the following zoning districts.
(1) Exclusive Farm Use (EFU),
(2) Farm/Forest (F/F), and
(3) Forest Conservation and Management
(FCM).
(C)  The land use zoning districts of the Rural
Resource Zone are set forth in Appendix 1, Table
1, following this Chapter.
(D) A zoning district, formerly referred to as
the Aggregate Extraction and Processing (AXP)
zoning district has been eliminated. All properties
formerly carrying that designation now bear,
without other change, an overlay called Aggregate
Resource Overlay (ARO).
[Adopted 98-200 ?3 eff 3/4/98; amd 99-121 ?8 eff 6/30/99; amd 99-156 ?5 eff
6/30/99]
927.300 Rural Development Zone
(A) There is hereby established a class of
zoning districts referred to as the Rural Develop-
ment Zone (RDZ).
(B)  The Rural Development Zone is com-
prised of the following zoning districts. 
(1) Agribusinsess (AB),
(2) Freeway Interchange Commercial
(FIC),
(3) Heavy Industry (HI),
(4) Limited Industry (LI),
(5) Non-Resource ? 5 acre minimum
(NR-5),
(6) Non-Resource ? 10 acre minimum
(NR-10),
(7) Rural Commercial (RCM),
(8) Rural Center?5 acre minimum
(RCT?5),
(9) Rural Center?2? acre minimum
(RCT?2?),
(10) Rural Center?1 acre minimum
(RCT?1),
(11) Rural Residential?10 acre minimum
(RR?10),
(12) Rural Residential?5 acre minimum
(RR?5),
(13) Rural Residential?2? acre mini-
mum (RR?2?),
(14) Rural Residential?1 acre minimum
(RR?1),
(15) Urban Development (UD?I), and
(16) Urban Development (UD?II). 
(C)  The land use zoning districts of the Rural
Development Zone are set forth in Appendix 1,
Table 2, following this Chapter.
[Adopted 98-200 ?3 eff 3/4/98; amd 99-121 ?8 eff 6/30/99; 04-043 ?1 eff 4/28/04]
927.400 Urban Growth Area Zone
(A) There is hereby established a class of
zoning districts referred to as the Urban Growth
Area Zone (UGAZ).
(B)  The Urban Growth Area Zone is com-
prised of the following zoning districts.
(1) Urban Growth Area?Exclusive Farm
Use?80 (UGA?EFU?80),
(2) Urban Growth Area?Heavy Industry
(UGA?HI),
(3) Urban Growth Area?Limited Industry
(UGA?LI),
(4) Urban Growth Area?Urban Growth
Management?20 acres minimum (UGM?20),
(5) Urban Growth Area?Urban Growth
Management?10 acres minimum (UGM?10,
(6) Urban Growth Area?Urban Growth
Management?5 acres minimum (UGM?5,
(7) Urban Growth Area?Urban Growth
Management?2? acres minimum (UGM?2?),
(8) Urban Growth Area?Rural Commer-
cial (UGA?RCM),
(9) Urban Growth Area?Rural Residen-
tial?5 acre minimum (UGA?RR?5)
(10) Urban Growth Area?Rural Residen-
tial?2? acre minimum (UGA?RR?2?)
(11) Urban Growth Area?Rural Residen-
tial?1 acre minimum (UGA?RR?1).
(Latest rev. April 28, 2004) LINN COUNTY ? ZONING DISTRICT ESTABLISHMENT CODE 927 - 3
Distribution Run time: May 7, 2004 (10:54:46am)
(C)  The land use zoning districts of the
Urban Growth Area Zone are set forth in Appen-
dix 1, Table 3, following this Chapter.
[Adopted 98-200 ?3 eff 3/4/98; amd 99-121 ?8 eff 6/30/99]
927.500 Overlays
(A) There is hereby established a class of land
use areas referred to as overlays.
(B)  The overlays are:
(1) Airport Overlay (AO),
(2) Aggregate Resource Overlay (ARO);
(3) Delayed Annexation Overlay (DAO),
(4) Historic Resource Overlay (HRO),
(5) Limited Use Overlay (LUO),
(6) Sensitive Bird Habitat Overlay
(SBHO), and
(7) Willamette River Greenway Overlay
(WRGO).
(C)  The overlays are set forth in Appendix 1,
Table 4, following this Chapter.
[Adopted 98-200 ?3 eff 3/4/98; amd 99-156 ?5 eff 6/30/99]
927.500 Industrial zoning districts
(A)  The following zoning districts are re-
ferred to as industrial zoning districts:
(1) Agribusinsess (AB),
(2) Heavy Industry (HI),
(3) Limited Industry (LI),
(4) Urban Development (UD?I), and
(5) Urban Development (UD?II),
(6) Urban Growth Area?Heavy Industrial
(UGA?HI),
(7) Urban Growth Area?Limited Indus-
trial (UGA?LI).
(B)  The title ?industrial zoning district? is for
reference only.
[Adopted 98-200 ?3 eff 3/4/98; amd 99-121 ?8 eff 6/30/99]
927.510 Commercial zoning districts
(A)  The following zoning districts are re-
ferred to as commercial zoning districts:
(1) Freeway Interchange Commercial
(FIC),
(2) Rural Commercial (RCM),
(3) Urban Growth Area?Rural Commer-
cial (UGA?RCM).
(B)  The title ?commercial zoning district? is
for reference only.
[Adopted 98-200 ?3 eff 3/4/98]
927.600 Residential zoning districts
(A)  The following zoning districts are re-
ferred to as residential zoning districts:
(1) Rural Residential (RR),
(2) Urban Growth Area?Rural Residen-
tial (UGA?RR).
(B)  The title ?residential zoning district? is
for reference only.
[Adopted 98-200 ?3 eff 3/4/98]
927.700 Division of zoning maps
(A)  The Zoning Map, may, for convenience
of use and for purposes of more readily identify-
ing locations within such Zoning Map, be pro-
duced at different scales by methods such as
computer software or GIS. Such maps may be
employed for purposes of identifying specific
properties and the zoning of such properties.
(B)  The Assessor?s maps having zoning
district designations shown thereon may also be
used for land use planning purposes to determine
the location of property.
(C)  If a conflict exists between the Zoning
Map and the maps produced at different scales or
between the Zoning Map and the Assessor?s
maps, the Zoning Map shall govern.
[Adopted 98-200 ?3 eff 3/4/98]
927.800 Relation of land use designations in
the Comprehensive Plan and zoning
districts in the Development Code
The relationship between the designations in
the Comprehensive Plan and the zoning districts
of the Land Development Code are set forth in
Appendix 2 following this Chapter.
[Adopted 98-200 ?3 eff 3/4/98]
927 - 4 LINN COUNTY ? ZONING DISTRICT ESTABLISHMENT CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:54:46am) Distribution
Statutory References and Other Authorities:
ORS 197; 203; 215; 517
Legislative History of Chapter 927:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 99-121 ?8 eff 6/30/99
#2 99-156 ?5 eff 6/30/99
#3 04-043 ?3 eff 4/28/04
(Latest rev. April 28, 2004) LINN COUNTY ? ZONING DISTRICT ESTABLISHMENT CODE 927 - 5
Distribution Run time: May 7, 2004 (10:54:46am)
Appendix 1 ? Tables of Zoning Districts and Overlays
Table 1 ? Rural Resource Zone
LCC Abbrev. Description
EFU Exclusive Farm Use
F/F Farm/Forest
FCM Forest Conservation and Management
Table 2 ? Rural Development Zone
LCC Abbrev. Description
929
AB Agribusiness
FIC Freeway Interchange Commercial
HI Heavy Industrial (including HI uses byUrban Exception)
LI Limited Industrial (including LI uses byUrban Exception)
NR
? 5 Non-resourse, 5-ac. minimum
? 10 Non-resource, 10-ac. minimum
RCM Rural Commercial
RCT
?5 Rural Center, 5?ac. minimum
?2? Rural Center, 2??ac. minimum
?1 Rural Center, 2??ac. minimum
RR
?10 Rural Residential, 10?ac. minimum
?5 Rural Residential, 5?ac. minimum
?2? Rural Residential, 2??ac. minimum
?1 Rural Residential, 1?ac. minimum
UD
?I Urban Development ? Eastgate Excep-tion Site
?II Urban Development ? Highway 34 Ex-ception Sites
Table 3 ? Urban Growth Area Zone
LCC Abbrev. Description
930 UGA
?EFU
?80
Urban Growth Area?Exclusive
Farm Use?80 (Lebanon)
? F/F Urban Growth Area?Farm/Forest (Lyons)
?HI Urban Growth Area?HeavyIndustrial
?LI Urban Growth Area?LimitedIndustrial
?RCM Urban Growth Area?RuralCommercial (Lebanon)
?RR
?5 Urban Growth Area?RuralResidential, 5?ac. minimum
?2? Urban Growth Area?RuralResidential, ?2? ac. minimum
?1 Urban Growth Area?RuralResidential, 1?ac. minimum
?UGM ?20 Urban Growth Management,20?ac. minimum
?UGM ?10 Urban Growth Management,10?ac. minimum
?UGM ?5 Urban Growth Management,5?ac. minimum
?UGM ?2? Urban Growth Management;Halsey only; no written text
Table 4 ? Overlays
LCC Abbrev. Description
931
AO Airport Overlay
ARO Aggregate Resource Overlay
DAO Delayed Annexation Overlay
HRO Historic Resource Overlay
LUO Limited Use Overlay
SBHO Sensitive Bird Habitat Overlay
WRGO Willamette River Greenway Overlay
[Adopted 98-002 eff 3/4/98; amd 99-156 ?5 eff 6/30/99; 04-043 ?1 eff 4/28/04]
927 - 6 LINN COUNTY ? ZONING DISTRICT ESTABLISHMENT CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:54:46am) Distribution
APPENDIX 2 ? IMPLEMENTATION MATRIX
Zoning Districts (columns) Allowed Within Each Comprehensive Plan Map Designation (rows)
RRZ RDZ UGAZ
EFU FCM F/F RR RCT RCM FIC AB NR LI HI UD?I UD?II UGA?LI UGA?HI UGA UGM1 2,3 4
Agriculture Resource X X X
Farm/Forest X X X
Forest Resource X
Rural Residential X
Rural Residential Reserve X X
Rural Center X X X X
Commercial X X X
Industrial X X X X CITY CITY CITY CITY
Industrial Reserve X X X
Urban Growth Area X X X X X X X X X X X X
Non-resource Lands X
Zoning districts
EFU Exclusive Farm Use
F/F Farm/Forest
FCM Forest Conservation and Management
AB Agribusiness
RR Rural Residential (RR?10; RR?5; RR?2?;1
RR?1)
RCT Rural Center (RCT?5; RCT?2?; RCT?1)
RCM Rural Commercial
FIC Freeway Interchange Commercial
LI Limited Industrial
HI Heavy Industrial
NR Non-resource (NR-5; NR-10)
UD ? I Urban Development ? Eastgate
UD ? II Urban Development ? Highway 34
UGA2
UGA?RR Urban Growth Area ? Residential3
(UGA?RR?5; UGA?RR?2?;
UGA?RR?1)
UGA?LI Urban Growth Area ? Limited Industrial
UGA?HI Urban Growth Area ? Heavy Industrial
UGA?EFU?80 Lebanon Urban Growth Area; treat as
EFU
UGA?FF Lyons Urban Growth Area; treat as FF
UGA?RCM Lebanon Urban Growth Area; treat as
RCM
UGA?UGM Urban Growth Management (UGM?20;4
UGM?10; UGM?5; UGM?2? ? Halsey)
Overlays
AO Airport Overlay
ARO Aggregate Resource Overlay
DAO Delayed Annexation Overlay
HRO Historic Resource Overlay
LUO Limited Use Overlay
SBHO Sensitive Bird Habitat Overlay
WRGO Willamette River Greenway Overlay
[Adopted 80-335 eff 9/2/80; amd 99-156 ?1 eff 6/30/99; 04-043 ?1 eff
4/28/04]
all densities.1
including those UGA districts not shown on the matrix.2
all densities.3 all densities.4
(Latest rev. April 28, 2004) LINN COUNTY ? ZONING DISTRICT ESTABLISHMENT CODE 927 - 7
Distribution Run time: May 7, 2004 (10:54:46am)
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(Latest rev. August 21, 2002) LINN COUNTY ? RURAL RESOURCE ZONE CODE 928 - 1
Distribution Run time:  April 4, 2003 (12:58:22pm)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 3 ? Zoning Districts
CHAPTER 928
RURAL RESOURCE ZONE CODE
TABLE OF CONTENTS
   Section Title
I. GENERAL PROVISIONS
   928.005 Title; short title
   928.010 Compliance requirements
II. EXCLUSIVE FARM USE (EFU) ZONING DISTRICT
   928.300 Statement of purpose
   928.310 Non-dwelling, non-soil-dependent uses allowed
outright in the EFU zoning district
   928.311 Non-dwelling, soil-dependent uses allowed
outright in the EFU zoning district
   928.315 Dwellings, not soil dependent, allowed outright
in the EFU zoning district
   928.320 Non-dwelling, non-soil-dependent uses permit-
ted in the EFU zoning district through Type IIA
conditional use review
   928.321 Non-dwelling, soil-dependent uses permitted in
the EFU zoning district through Type IIA
conditional use review
   928.325 Dwellings, not soil dependent, permitted in the
EFU zoning district through Type IIA condi-
tional use review
   928.326 Dwellings, soil dependent, permitted in the EFU
zoning district through Type IIA conditional use
review
   928.330 Non-dwelling, non-soil-dependent uses permit-
ted in the EFU zoning district through Type
IIIB conditional use review
   928.331 Non-dwelling, soil-dependent uses permitted in
the EFU zoning district through Type IIIB
conditional use review
   928.336 Dwellings, soil dependent, permitted in the EFU
zoning district through Type IIIB conditional
use review
III. FARM/FOREST (F/F) ZONING DISTRICT
   928.600 Statement of purpose
   928.605 Uses authorized in the Farm/Forest zoning
district; generally
   928.607 Definitions for the F/F zoning district 
   928.609 Auxiliary uses
   928.610 Non-dwelling, non-soil-dependent uses allowed
outright in the F/F zoning district
   928.611 Non-dwelling, soil-dependent uses allowed
outright in the F/F zoning district
   928.615 Dwellings, not soil-dependent, allowed outright
in the farm area of the F/F zoning district
   928.617 Dwellings, not soil-dependent, allowed outright
in the forest area of the F/F zoning district
   928.620 Non-dwelling, non-soil-dependent uses permit-
ted in the F/F zoning district through Type IIA
conditional use review
   928.621 Non-dwelling, soil-dependent uses permitted in
the F/F zoning district through Type IIA condi-
tional use review
   928.625 Dwellings, not soil-dependent, permitted in the
farm area of the F/F zoning district through
Type IIA conditional use review
   928.626 Dwellings, soil-dependent, permitted in the farm
area of the F/F zoning district through Type IIA
conditional use review
   928.627 Dwellings, not soil-dependent, permitted in the
forest area of the F/F zoning district through
Type IIA conditional use review
   928.628 Dwellings, soil dependent, permitted in the
forest area of the F/F zoning district through
Type IIA conditional use review
   928.630 Non-dwelling, non-soil-dependent uses permit-
ted in the F/F zoning district through Type IIIB
conditional use review
   928.631 Non-dwelling, soil-dependent uses permitted in
the F/F zoning district through Type IIIB condi-
tional use review
   928.636 Dwellings, soil-dependent, permitted in the farm
area of the F/F zoning district through Type
IIIB conditional use review
IV. FOREST CONSERVATION AND MANAGEMENT
(FCM) ZONING DISTRICT
   928.900 Statement of purpose
   928.907 Definitions
   928.909 Auxiliary uses
928 - 2 LINN COUNTY ? RURAL RESOURCE ZONE CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (12:58:22pm) Distribution
   928.910 Non-dwelling uses allowed outright in the FCM
zoning district
   928.915 Dwellings allowed outright in the FCM zoning
district
   928.920 Non-dwelling uses permitted in the FCM zoning
district through Type IIA conditional use re-
view
   928.935 Dwellings permitted in the FCM zoning district
through Type IIA conditional use review
Statutory References and Other Authorities
Legislative History of Chapter 928
I. GENERAL PROVISIONS
928.005 Title; short title
This Chapter, LCC 928.005 to 928.999, shall
be known and cited as the ?Linn County Rural
Resource Zone Code.? This Chapter may also be
referred to and cited as the ?Rural Resource Zone
Code.?
[Adopted 97-200 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99]
928.010 Compliance requirements
(A)  Notwithstanding the presence or absence
of any conditions, requirements, standards, or
criteria with any use mentioned in this Chapter, all
uses remain subject to any applicable conditions,
requirements, standards, or criteria that may be set
forth in other Chapters of the Land Development
Code.
(B)  The conditions, requirements, standards,
and criteria are set forth generally in the following
Chapters:
(1) Decision criteria .......Chapters 932, 933
(2)  Conditions ............... Chapter 933
(3) Requirements ............. Chapter 933
(4)  Standards
(a)  Property ............. Chapter 934
(b)  Access .............. Chapter 935
(C)  The conditional uses set forth in LCC
928.320 to 928.335, 928.620 to 928.635, and
928.920 to 928.930 are subject to approval pursu-
ant to meeting the applicable requirements and
decision criteria in LCC Chapter 933 (Conditions,
Requirements, and Decision Criteria Code).
(D)  Development of all properties in the
Rural Resource Zone must comply with:
(1)  the development standards set forth
in LCC Chapter 934 (Development Standards
Code);
(2)  the access improvement standards set
forth in LCC Chapter 935 (Access Improvement
Standards Code) for all principal and accessory
uses permitted in the EFU zoning district, except
as provided in LCC 924.100 (B); and
(3)  the siting standards in LCC 934.590
for all new buildings and structures sited in the
forest area of the F/F or in the FCM zoning dis-
tricts.
(E)  Development of any property in the RRZ
may have one or more conditions imposed on the
permit.
[Adopted 98-002 ?3 eff 3/4/98]
[928.006 to 928.299 are reserved for future use.]
II. EXCLUSIVE FARM USE (EFU) ZON-
ING DISTRICT
928.300 Statement of purpose
(A)  The purpose of the Exclusive Farm Use
(EFU) zoning district is:
(1)  to preserve land suitable for agricul-
tural production, whether in large or small blocks,
for agricultural use as declared in the Oregon
Agricultural Land Use Policy (ORS 215.243);
(2)  to provide for farm taxation consis-
tent with provisions of ORS Chapter 308;
(3)  to allow only those uses consistent
with agricultural practices as provided in ORS
Chapter 215; to allow for public and private
outdoor recreational uses; and
(4)  to provide for the protection of open
space, fish and wildlife habitat, watersheds, scenic
resources, and air, water and land resource quality.
(B)  The Oregon Agricultural Land Use
Policy.
(Latest rev. August 21, 2002) LINN COUNTY ? RURAL RESOURCE ZONE CODE 928 - 3
Distribution Run time:  April 4, 2003 (12:58:22pm)
(1)  Means open land used for agricul-
tural use is an efficient means of conserving
natural resources that constitute an important
physical, social, aesthetic and economic asset to
all the people of this state, whether living in rural,
urban or metropolitan areas of the state.
(2)  The policy includes the preservation
of a maximum amount of the limited supply of
agricultural land is necessary to the conservation
of the state?s economic resources and the
preservation of such land in large blocks is neces-
sary in maintaining the agricultural economy of
the state and for the assurance of adequate, health-
ful and nutritious food for the people of this state
and nation. Expansion of urban development into
rural areas is a matter of public concern because
of the unnecessary increases in costs of com-
munity service, conflicts between farm and urban
activities and the loss of open space and natural
beauty around urban centers occurring as the
result of such expansion. Exclusive farm use
zoning, as provided by law, substantially limits
alternatives to the use of rural land and, with the
importance of rural lands to the public, justifies
incentives and privileges offered to encourage
owners of rural lands to hold such lands in exclu-
sive farm use zoning districts.
[Adopted 98-002 ?3 eff 3/4/98]
928.310 Non-dwelling, non-soil-dependent uses
allowed outright in the EFU zoning
district
(A)  The uses, set forth in subsection (B),
including principal and accessory buildings are
allowed outright in the EFU zoning district re-
gardless of soil classification.
(B)  Uses allowed outright.
(1)  Farm use.
(2)  Buildings, other than dwellings,
customarily provided in conjunction with farm
use.
(3)  Propagation or harvesting of a forest
crop.
(4)  Creation of, restoration of, or en-
hancement of wetlands.
(5)  A winery as described in ORS
215.452.
(6)  Exploration for and production of
geothermal resources.
(7)  Exploration for and production of oil
and gas.
(8)  Exploration for minerals.
(9)  Transportation improvements includ-
ing roads and airports.
(a)  Climbing and passing lanes
within the right-of-way existing as of July 1, 1987.
(b)  Reconstruction or modification
of public roads, including the placement of utility
facilities overhead and in the subsurface of public
roads along the public right of way, but not in-
cluding the addition of travel lanes, where no
removal or displacement of buildings would
occur, or no new unit of land would result.
(c)  Temporary public road detours
that will be abandoned and restored to original
condition or use at such time as no longer needed.
(d)  Minor betterment of existing
public road-related facilities such as maintenance
yards, weigh stations and rest areas, within a
right-of-way existing as of July 1, 1987, and
contiguous publicly-owned property utilized to
support the operation and maintenance of public
roads.
(e)  Roads and other transportation
facilities, and improvements not otherwise al-
lowed in this zoning district. The uses shall be
subject to the adoption of an exception to State-
wide Planning Goal 3 (Agricultural Lands) and to
any other applicable goal with which the facility
or improvement does not comply.
(f)  Channelization (as that term is
defined in OAR 660-012-0065 (2) (e));
(g)  Bikeways, footpaths and recre-
ation trails not otherwise allowed as a modifica-
tion or part of an existing road;
(h)  Park-and-ride areas;
(i)  Railroad mainlines and branch-
lines;
(j)  Pipelines;
(k)  Navigation channels;
928 - 4 LINN COUNTY ? RURAL RESOURCE ZONE CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (12:58:22pm) Distribution
(l)  Replacement of docks and other
facilities without significantly increasing the
capacity of those facilities; and
(m)  Expansions or alterations of
public use airports that do not permit service to a
larger class of airplanes.
(10)  Farm stands if:
(a)  The structures are designed and
used for the sale of farm crops or livestock grown
on the farm operation, or grown on the farm
operation and other farm operations in the local
agricultural area, including the sale of retail
incidental items and fee-based activity to promote
the sale of farm crops or livestock sold at the farm
stand if the annual sale of incidental items and
fees from promotional activity do not make up
more than 25 percent of the total annual sales of
the farm stand; and
(b)  The farm stand does not include
structures designed for occupancy as a residence
or for activity other than the sale of farm crops or
livestock and does not include structures for
banquets, public gatherings or public entertain-
ment.
(11)  On-site filming and activities
accessory to on-site filming subject to ORS
30.930 to 30.947 if such filming and activities do
not exceed 45 days on any site within a one-year
period or involve erection of sets that would
remain in place for longer than 45 days.
(i)  On-site filming and activi-
ties accessory to on-site filming may include
office administrative functions such as payroll and
scheduling, and the use of campers, truck trailers
or similar temporary facilities.
(ii)  Temporary facilities may be
used as temporary housing for security personnel.
(iii)  A decision of the Director
to issue any permits necessary for activities under
this paragraph is not a land use decision.
(12)  A facility for the processing of farm
crops located on a farm operation that provides at
least one-quarter of the farm crops processed at
the facility.
(a)  The building established for the
processing facility shall not exceed 10,000 square
feet of floor area exclusive of the floor area desig-
nated for preparation, storage or other farm use or
devote more than 10,000 square feet to the pro-
cessing activities within another building support-
ing farm uses.
(b)  A processing facility shall
comply with all applicable siting standards but the
standards shall not be applied in a manner that
prohibits the siting of the processing facility.
(13)  Irrigation canals, delivery lines and
those structures and accessory operational facili-
ties associated with a district as defined in ORS
540.505.
(14)  Utility facility service lines. Utility
facility service lines are utility lines and accessory
facilities or structures that end at the point where
the utility service is received by the customer and
that are located on one or more of the following:
(a)  A public right-of-way;
(b)  Land immediately adjacent to a
public right-of-way, provided the written consent
of all adjacent property owners has been obtained;
or
(c)  The property to be served by the
utility.
(15)  Land application of reclaimed
water, agricultural or industrial process water or
biosolids for agricultural, horticultural or silvicul-
tural production, or for irrigation in connection
with a use allowed in an exclusive farm use zone
subject to the issuance of a license, permit or other
approval by the Department of Environmental
Quality under ORS 454.695, 459.205, 468B.050,
468B.053 or 468B.055, or in compliance with
rules adopted under ORS 468B.095 and with the
requirements of ORS 215.246, 215.247, 215.249
and 215.251.
(16)  An outdoor gathering subject to the
applicable provisions of LCC Chapter 580 (Out-
door Assembly Peace, Heath, Safety, and Welfare
Code).
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99; amd 02-313 ?4 eff
8/21/02]
(Latest rev. August 21, 2002) LINN COUNTY ? RURAL RESOURCE ZONE CODE 928 - 5
Distribution Run time:  April 4, 2003 (12:58:22pm)
928.311 Non-dwelling, soil-dependent uses
allowed outright in the EFU zoning
district
(A)  The uses, set forth in subsection (B),
including principal and accessory buildings are
allowed outright in the EFU zoning district based
on soil classification.
(B)  Uses allowed outright.
(1)  A site for the disposal of solid waste,
together with equipment, facilities, or building
necessary for its operation, if the site:
(a)  is located on non-HVFL, and
(b)  has been ordered to be estab-
lished by the Environmental Quality Commission
under ORS 459.049.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99]
928.315 Dwellings, not soil dependent, allowed
outright in the EFU zoning district
(A)  The uses, set forth in subsection (B),
including principal and accessory buildings are
allowed outright in the EFU zoning district
regardless of soil classification.
(B)  Uses allowed outright.
(1)  Alteration, restoration, or replace-
ment of a lawfully established dwelling meeting
the requirements in LCC 933.180.
[Adopted 98-002 ?3 eff 3/4/98]
928.320 Non-dwelling, non-soil-dependent uses
permitted in the EFU zoning district
through Type IIA conditional use
review
(A)  The uses set forth in subsection (B),
including principal and accessory buildings, may
be permitted in the EFU zoning district regardless
of soil classification, subject to a Type IIA condi-
tional use permit review process, if the decision
criteria applicable to the use and other require-
ments of law are met.
(B)  Uses permitted conditionally.
(1)  Parking of no more than seven log
trucks subject only to the criteria set forth in this
subparagraph.
(a)  The use is subject to applicable
laws relating to health and safety;
(b)  The use is subject to LCC
933.310 (B) (4).
(2)  Primary processing of forest products
for a one year period of time. The permit is renew-
able and is intended to permit the initial treatment
of a forest product in order to enable its shipment
to market.
(3)  Mining and processing of geothermal
resources.
(4)  Mining and processing of oil and
gas.
(5)  Utility facilities necessary for public
service, including wetland waste treatment sys-
tems but not including commercial facilities for
the purpose of generating power for public use by
sale or transmission towers over 200 feet in
height.
(a)  The approval criterion for this
use is limited to a finding that the utility is neces-
sary for public service and the approval is not
subject to LCC 933.310.
(b)  ?Necessary for public service,?
as that term is used in this paragraph, means that
a utility facility must be situated in the EFU
zoning district in order to provide the public
service. To demonstrate that a utility facility is
necessary, an applicant must show that reasonable
alternatives have been considered and that the
facility must be sited in an exclusive farm use
zone due to one or more of the following factors:
(i)  Technical and engineering
feasibility;
(ii)  The proposed facility is
locationally dependent. A utility facility is
locationally dependent if it must cross land in one
or more areas zoned for exclusive farm use in
order to achieve a reasonably direct route or to
meet unique geographical needs that cannot be
satisfied on other lands;
(iii)  Lack of available urban
and nonresource lands;
(iv)  Availability of existing
rights of way;
(v)  Public health and safety;
and
928 - 6 LINN COUNTY ? RURAL RESOURCE ZONE CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (12:58:22pm) Distribution
(vi)  Other requirements of state
and federal agencies.
(c)  Costs associated with any of the
factors listed in subparagraph (b) of this paragraph
may be considered, but cost alone may not be the
only consideration in determining that a utility
facility is necessary for public service. Land costs
shall not be included when considering alternative
locations for substantially similar utility facilities
and the siting of utility facilities that are not
substantially similar.
(d)  The owner of a utility facility
approved under this section shall be responsible
for restoring, as nearly as possible, to its former
condition any agricultural land and associated
improvements that are damaged or otherwise
disturbed by the siting, maintenance, repair or
reconstruction of the facility. Nothing in this
subsection shall prevent the owner of the utility
facility from requiring a bond or other security
from a contractor or otherwise imposing on a
contractor the responsibility for restoration.
(e)  The director shall impose clear
and objective conditions on an application for
utility facility siting to mitigate and minimize the
impacts of the proposed facility, if any, on sur-
rounding lands devoted to farm use in order to
prevent a significant change in accepted farm
practices or a significant increase in the cost of
farm practices on surrounding farmlands.
(f)  In addition to the provisions in
subparagraphs (b) through (e) of this paragraph,
the establishment or extension of a sewer system
as defined by OAR 660-011-0060 (1) (f) in an
exclusive farm use zone shall be subject to the
provisions of OAR 660-011-0060.
(g)  The provisions of subparagraphs
(b) through (e) of this paragraph do not apply to
interstate natural gas pipelines and associated
facilities authorized by and subject to regulation
by the Federal Energy regulatory Commission.
(6)  Transmissions towers over 200 feet
in height.
(7)  Home occupations and the parking of
associated vehicles pursuant to LCC 933.200,
933.220, and 932.830 to 932.845.
(8)  Transportation improvements includ-
ing roads and airports.
(a)  Transportation improvements
subject to LCC 933.310. The uses set forth in this
sub-subparagraph are subject to LCC 933.310.
(a)  Construction of additional
passing and travel lanes requiring the acquisition
of right-of-way but not resulting in the creation of
new units of land.
(ii)  Reconstruction or modifica-
tion of public roads involving the removal or
displacement of buildings but not resulting in the
creation of a new unit of land.
(iii)  Improvement of public
road-related facilities, such as maintenance yards,
weigh stations and rest areas, where additional
property or right-of-way is required but not result-
ing in the creation of a new unit of land.
(iv)  Personal-use airports. (See
personal-use airports in LCC 920.010 for excep-
tions)
(b)  Transportation improvements
subject to LCC 933.310 and 933.900. The uses set
forth in this sub-subparagraph are subject to LCC
933.310 and 933.900.
(i)  Realignment (as that term is
defined in OAR 660-012-0065(2) (f)) of existing
roads;
(ii)  Replacement of an intersec-
tion with an interchange; and
(iii)  Continuous median turn
lane.
(iv)  New access roads and
collectors (as those two term are defined in OAR
660-012-0065(2) (a) and (b)) within a built or
committed exception area, or in other areas where
the function of the road is to reduce local access to
or local traffic on a state highway. These roads
shall be limited to two travel lanes. Private access
and intersections shall be limited to rural needs or
to provide adequate emergency access.
(v)  Transportation facilities,
services and improvements other than those listed
in the Land Development Code that serve local
travel needs. The travel capacity and level of
service of facilities and improvements serving
(Latest rev. August 21, 2002) LINN COUNTY ? RURAL RESOURCE ZONE CODE 928 - 7
Distribution Run time:  April 4, 2003 (12:58:22pm)
local travel needs shall be limited to that neces-
sary to support rural land uses identified in the
Comprehensive Plan or to provide adequate
emergency access.
(9)  The propagation, cultivation, mainte-
nance and harvesting of insect species.
(10)  Commercial activities in conjunc-
tion with farm use.
(11)   On-site filming and activities
accessory to on-site filming conducted in excess
of 45 days on any site within a one-year period or
involve erection of sets that would remain in place
for longer than 45 days subject to ORS 215.296.
(a)  On-site filming and activities
accessory to on-site filming may include office
administrative functions such as payroll and
scheduling, and the use of campers, truck trailers
or similar temporary facilities.
(b)  Temporary facilities may be
used as temporary housing for security personnel.
(c)  A decision of the Director to
issue any permits other than the approval of this
use that are necessary for activities under this
paragraph is not a land use decision.
(12) A site for the takeoff and landing of
model aircraft, including such buildings or facili-
ties as may reasonably be necessary.
(a)  Buildings or facilities shall not
be more than 500 square feet in floor area or
placed on a permanent foundation unless the
building or facility preexisted the approval of the
model aircraft use.
(b)  The site shall not include an
aggregate or hard surface area unless the surface
preexisted the approval of the model aircraft use.
(13)  Operations for the extraction and
bottling of water.
(14)  Expansion of existing county
fairgrounds and activities directly relating to
county fairgrounds governed by county fair boards
established pursuant to ORS 565.210.
(15)  Fire service facilities providing
rural fire protection services.
(16)  A living history museum related to
resource based activities owned and operated by a
governmental agency or a local historical society,
together with limited commercial activities and
facilities that are directly related to the use and
enjoyment of the museum and located within
authentic buildings of the depicted historic period
or the museum administration building, if areas
other than an exclusive farm use zone cannot
accommodate the museum and related activities or
if the museum administration buildings and
parking lot are located within one quarter mile of
an urban growth boundary.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99; amd 02-313 ?4 eff
8/21/02]
928.321 Non-dwelling, soil-dependent uses
permitted in the EFU zoning district
through Type IIA conditional use
review
(A)  The uses set forth in subsections (B) and
(C), including principal and accessory buildings,
may be permitted in the EFU zoning district based
on soil classification, subject to a Type IIA condi-
tional use permit review process, if the decision
criteria applicable to the use and other require-
ments of law are met.
(B)  Uses permitted conditionally on HVFL.
The uses set forth in this subsection may be
permitted if on HVFL .
(1)  Commercial utility facilities for the
purpose of generating power for public use by
sale. Unless an exception is taken pursuant to
OAR 660, Division 4, such facilities shall not
preclude the use of commercial agricultural
enterprise of more than 12 acres on HVFL.
(2)  The following existing uses may be
maintained, enhanced, or expanded if on the same
tract and if wholly within the EFU zoning district.
(a)  Kennels, subject to LCC
932.400 to 932.440.
(b) Breeding, kenneling, and training
of greyhounds for racing.
(c)  Destination resorts.
(d)  Solid waste disposal sites,
subject to LCC 932.500 to 932.580.
(e)  Public or private schools.
(f)  Churches and cemeteries in
conjunction with churches.
928 - 8 LINN COUNTY ? RURAL RESOURCE ZONE CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (12:58:22pm) Distribution
(g)  Private parks, playgrounds, and
hunting and fishing preserves.
(h)  Golf courses.
(C)  Uses permitted conditionally on non-
HVFL. The uses set forth in this subsection may
be permitted if on non-HVFL.
(1)  Commercial utility facilities for the
purpose of generating power for public use by
sale. Unless an exception is taken pursuant to
OAR 660, Division 4, such facilities shall not
preclude the use of commercial agricultural
enterprise of more than 20 acres on non-HVFL.
(2)  Public or private schools including
all buildings essential to the operation of a school.
The use shall not be approved within three miles
of an urban growth boundary unless an exception
is approved pursuant to ORS 197.732 and OAR
660 Division 4.
(3)  Churches and cemeteries in conjunc-
tion with churches consistent with LCC 933.195.
The use shall not be approved within three miles
of an urban growth boundary unless an exception
is approved pursuant to ORS 197.732 and OAR
660 Division 4.
(4)  Breeding, kenneling, and training of
greyhounds for racing.
(5)  Composting facilities limited to
composting operations and facilities defined by
the Environmental Quality Commission under
ORS 459.245 and OAR 340-096-0024 (1), (2) or
(3). 
(a)  Building and facilities used in
conjunction with the composting operation shall
only be those required for the operation of the
subject facility.
(b)  Onsite sales shall be limited to
bulk loads of at least one unit (7.5 cubic yards) in
size that are transported in one vehicle.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99]
928.325 Dwellings, not soil dependent, permit-
ted in the EFU zoning district through
Type IIA conditional use review
(A)  The uses, set forth in subsection (B),
including principal and accessory buildings may
be permitted in the EFU zoning district regardless
of soil classification, subject to a Type IIA con-
ditional use permit review process, if the decision
criteria applicable to the use and other require-
ments of law are met.
(B)  Uses permitted conditionally.
(1)  A farm-relative dwelling, subject to
LCC 933.420.
(2) One medical hardship dwelling,
subject to LCC 932.860 to 932.895.
(3)  A replacement dwelling to be used in
conjunction with farm use if the existing dwelling
has been listed in the county inventory as historic
property.
(4)  A residential home in an existing
dwelling, subject to ORS 197.660.
(5)  Room and board arrangements for a
maximum of five unrelated persons in existing
dwelling.
(6) Alteration, restoration, or replace-
ment of a lawfully established dwelling requiring
that the Director make a decision based on a
review of information not limited to the develop-
ment permit application.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?9 eff
6/30/99; amd 02-313 ?4 eff 8/21/02]
928.326 Dwellings, soil dependent, permitted
in the EFU zoning district through
Type IIA conditional use review
(A)  The uses, set forth in subsection (B),
including principal and accessory buildings may
be permitted in the EFU zoning district based on
soil classification, subject to a Type IIA condi-
tional use permit review process, if the decision
criteria applicable to the use and other require-
ments of law are met.
(B)  Uses permitted conditionally.
(1)  A dwelling customarily provided in
conjunction with farm use, subject to LCC
933.400.
(2)  An accessory farm dwelling, subject
to LCC 933.410.
(3)  A Class-IV or worse non-farm
single-family dwelling, subject to LCC 933.500.
(4)  A Class-VI or worse non-farm
single-family dwelling, subject to LCC 933.510.
(Latest rev. August 21, 2002) LINN COUNTY ? RURAL RESOURCE ZONE CODE 928 - 9
Distribution Run time:  April 4, 2003 (12:58:22pm)
(5)  A pre-85 non-HVFL dwelling,
subject to LCC 933.706.
(6)  A pre-85 HVFL-2 dwelling, subject
to LCC 933.707.
(7) A wildlife management dwelling,
subject to LCC 933.790.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99; amd 02-313 ?4 eff
8/21/02]
928.330 Non-dwelling, non-soil-dependent uses
permitted in the EFU zoning district
through Type IIIB conditional use
review
(A)  The uses, including principal and acces-
sory buildings, set forth in subsection (B) may be
permitted in the EFU zoning district, regardless of
soil classification, upon conditional use approval
by the Commission provided the decision criteria
applicable to the use and other requirements of
law are met.
(B)  Uses permitted conditionally
(1)  Aggregate materials, subject to LCC
921.540 to 921.568.
(a)  Mining, crushing, processing, or
stockpiling aggregate materials, subject to ORS
215.298.
(b)  Batching aggregate materials.
(i)  Processing, as defined by
ORS 517.750, of aggregate into asphalt or port-
land cement.
(ii)  New uses that batch and
blend mineral and aggregate into asphalt cement
may not be authorized within two miles of a
planted vineyard.
(2)  Non-aggregate minerals and non-
mineral subsurface resources. Mining, crushing,
processing, or stockpiling subject to ORS
215.298.
(3)  Parks and playgrounds A public park
may be established consistent with the provisions
of ORS 195.120.
(4)  Community centers owned by a
governmental agency or a nonprofit community
organization and operated primarily by and for
residents of the local rural community.
(5)  Firearms training facility.
(a)  New facilities.
(b)  Existing facilities. Expansion of
a lawfully existing firearms training facility or a
change of use of a lawfully existing firearms
training facility shall require review and approval
either through provisions of Code regulating
nonconforming uses or through provisions
regulating conditional uses, whichever is applica-
ble.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 2000-119 ?2 eff
3/28/00; amd 02-313 ?4 eff 8/21/02]
928.331 Non-dwelling, soil-dependent uses
permitted in the EFU zoning district
through Type IIIB conditional use
review
(A)  The uses, set forth in subsection (B),
including principal and accessory buildings may
be permitted in the EFU zoning district based on
soil classification, upon conditional use approval
by the Commission provided the decision criteria
applicable to the use and other requirements of
law are met.
(B)  Uses permitted conditionally. The fol-
lowing uses may be located on non-HFVL:
(1)  Kennels subject to LCC 932.400 to
932.440.
(2)  Destination resorts.
(3)  A site for the disposal of solid waste
has been granted a permit by the Environmental
Quality Commission under ORS 459.049, toget-
her with equipment, facilities, or building neces-
sary for its operation, subject to LCC 932.500 to
932.580.
(4)  Private parks, playgrounds, and
fishing and hunting preserves. A private camp-
ground may provide yurts for overnight camping.
No more than one-third or a maximum of 10
campsites, whichever is smaller, may include a
yurt. The yurt shall be located on the ground or on
a wood floor with no permanent foundation.
(5)  Golf courses.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99; amd 02-313 ?4 eff
8/21/02]
928 - 10 LINN COUNTY ? RURAL RESOURCE ZONE CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (12:58:22pm) Distribution
928.336 Dwellings, soil dependent, permitted
in the EFU zoning district through
Type IIIB conditional use review
(A)  The uses set forth in subsection (B)
including principal and accessory buildings may
be permitted in the EFU zoning district based on
soil classification, subject to a Type IIIB condi-
tional use review, if the decision criteria found
applicable to the use and other requirements of
law are met.
(B)  Uses permitted conditionally.
(1)  Pre-85 HVFL-1 single-family dwell-
ing, subject to LCC 933.708.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99]
[928.391 to 928.599 are reserved for future use.]
III. FARM/FOREST (F/F) ZONING DIS-
TRICT
928.600 Statement of purpose
The purpose of the Farm/Forest (F/F) zoning
district is:
(A)  to preserve land suitable for agricultural
and forest uses;
(B)  to allow the establishment of uses consis-
tent with the predominant use of land for agricul-
tural and forest use;
(C)  to allow for public and private outdoor
recreational uses; and
(D)  to provide for the protection of open
space, fish and wildlife habitat, watersheds, scenic
resources, air, water, and land resource quality and
to permit the location of dwellings when applica-
ble criteria are met.
[Adopted 98-002 ?3 eff 3/4/98]
928.605 Uses authorized in the Farm/Forest
zoning district; generally
(A)  The Board has established a Farm/Forest
zoning district in accordance with both Goals 3
and 4, and OAR Chapter 660, Divisions 6 and 33.
(B)  Uses generally. Uses authorized in the
EFU zoning district in LCC 928.310 to 928.336,
and in LCC 928.610 to 928.636, subject to the
requirements of the applicable section, may be
allowed in the Farm/Forest zoning district.
(C)  Dwellings. The decision maker shall
apply either the applicable farm or forest stan-
dards for siting a dwelling in the Farm/Forest
zoning district based on the predominant use of
the tract on January 1, 1993. Dwellings and
related structures authorized under subsection (B),
where the predominant use is forestry, shall be
subject to the requirements of LCC 934.590.
[Adopted 98-002 ?3 eff 3/4/98]
928.607 Definitions for the F/F zoning district
For purposes of LCC 928.600 to 928.899 the
following definitions apply:
(A)  ?Auxiliary? means a use or alteration of
a structure or land which provides help or is
directly associated with the conduct of a particular
forest practice or operation.
(B)  ?Auxiliary structure? means a structure
that is located on site, temporary in nature, and is
not designed to remain for the forest?s entire
growth cycle from planting to harvesting.
(C)  ?Farm area,? for purposes of siting a
dwelling, means that tract of land in an F/F zoning
district on which the predominant use on January
1, 1993, was not forest use.
(D)  ?Forest area,? for purposes of siting a
dwelling, means a tract of land in an F/F zoning
district on which the predominant use on January
1, 1993, was forest use.
(E)  ?Forest practices? means any operation
conducted on or pertaining to forestland, including
but not limited to:
(1)  Reforestation of forestland;
(2)  Road construction and maintenance;
(3)  Harvesting of forest tree species;
(4) Application of chemicals; and
(5)  Disposal of slash.
(F)  ?Operation,?in reference to forestry,
means any commercial activity relating to the
growing or harvesting of forest tree species. The
term includes such activities as the growing,
cultivating, spraying, thinning, pruning, protect-
ing, harvesting through cutting, and transporting
of such species.
(Latest rev. August 21, 2002) LINN COUNTY ? RURAL RESOURCE ZONE CODE 928 - 11
Distribution Run time:  April 4, 2003 (12:58:22pm)
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99 (ORS 527.620 and
OAR Chapter 629)]
928.609 Auxiliary uses
An auxiliary use, including an auxiliary
structure:
(A) may be used only during the term of a
particular forest operation; and
(B)  shall be removed when the particular
forest practice has concluded.
[Adopted 99-121 ?9 eff 6/30/99]
928.610 Non-dwelling, non-soil-dependent uses
allowed outright in the F/F zoning
district
(A)  The uses, set forth in subsection (B),
including principal and accessory buildings, are
allowed outright in the F/F zoning district regard-
less of soil classification.
(B)  Uses allowed outright.
(1)  Forest operations or forest practices.
(2) Auxiliary structures.
(3)  Physical alterations to the land
auxiliary to forest practices including, but not
limited to, those made for purposes of:
(a)  exploration, mining, commercial
gravel extraction and processing,
(b)  solid waste disposal sites,
(c)  dams,
(d)  reservoirs,
(e)  road construction, or
(f)  recreational facilities.
(4)  Uses to conserve soil, air, and water
quality and to provide for wildlife and fisheries
resources.
(5)  Farm use.
(6)  Local distribution lines (including
but not limited to electric, telephone and natural
gas facilities) and accessory equipment (such as
electric, telephone and natural gas lines, electric
distribution transformers, poles, meter cabinets,
terminal boxes, and pedestals), or equipment
which provides service hookups, including water
service hookups.
(7)  Temporary portable facility for the
primary processing of forest products.
(8)  Exploration for and production of
geothermal resources.
(9)  Exploration for and production of oil
and gas.
(10)  Exploration for minerals.
(11)  Private hunting and fishing opera-
tions without any lodging accommodations.
(12)  Towers and fire stations for forest
fire protection.
(13)  The following transportation im-
provements including roads and airports:
(a)  Climbing and passing lanes
within the right-of-way existing as of July 1, 1987.
(b)  Reconstruction or modification
of public roads not including the addition of travel
lanes, where no removal or displacement of
buildings would occur or no new units of land
would result.
(c)  Temporary public road detours
that will be abandoned and restored to original
condition or use at such time as no longer needed.
(d)  Minor betterment of existing
public road-related facilities such as maintenance
yards, weigh stations and rest areas, within the
right-of-way existing as of July 1, 1987, and
contiguous, publically owned property utilized to
support the operation and maintenance of public
roads.
(e)  Roads, other transportation
facilities, and improvements not otherwise al-
lowed under this zoning district subject to the
adoption of an exception to Statewide Planning
Goal 3 (Agricultural Lands) and to any other
applicable goal with which the facility or im-
provement does not comply.
(f)  Channelization (as that term is
defined in OAR 660-12-065(2) (e));
(g)  Bikeways, footpaths and recre-
ation trails not otherwise allowed as a modifica-
tion or part of an existing road;
(h)  Park-and-ride areas;
(i)  Railroad mainlines and branch-
lines;
(j)  Pipelines;
(k)  Navigation channels;
928 - 12 LINN COUNTY ? RURAL RESOURCE ZONE CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (12:58:22pm) Distribution
(l)  Replacement of docks and other
facilities without significantly increasing the
capacity of those facilities; and
(m)  Expansions or alterations of
public use airports that do not permit service to a
larger class of airplanes.
(14)  Farm-related water-intake facilities,
canals and distribution lines for farm irrigation
and ponds.
(15)  Structures not intended for habita-
tion which are accessory to fish and wildlife
enhancement.
(16)  Buildings customarily provided in
conjunction with farm use.
(17)  Creation of, restoration of, or
enhancement of wetlands.
(18)  A winery as described in ORS
215.452.
(19)  Farm stands if:
(a)  The structures are designed and
used for the sale of farm crops or livestock grown
on the farm operation, or grown on the farm
operation and other farm operations in the local
agricultural area, including the sale of retail
incidental items and fee-based activity to promote
the sale of farm crops or livestock sold at the farm
stand if the annual sale of incidental items and
fees from promotional activity do not make up
more than 25 percent of the total annual sales of
the farm stand; and
(b)  The farm stand does not include
structures designed for occupancy as a residence
or for activity other than the sale of farm crops or
livestock and does not include structures for
banquets, public gatherings or public entertain-
ment.
(20)  On-site filming and activities
accessory to on-site filming may be conducted in
any farm area of the F/F zoning district without
prior approval of local government but subject to
ORS 30.930 to 30.947 if such filming and activi-
ties do not exceed 45 days on any site within a
one-year period or involve erection of sets that
would remain in place for longer than 45 days.
(a)  On-site filming and activities
accessory to on-site filming may include office
administrative functions such as payroll and
scheduling, and the use of campers, truck trailers
or similar temporary facilities.
(b)  Temporary facilities may be
used as temporary housing for security personnel.
(c)  A decision of the Director to
issue any permits necessary for activities under
this paragraph is not a land use decision.
(21)  A facility for the processing of farm
crops located on a farm operation that provides at
least one-quarter of the farm crops processed at
the facility.
(a)  The building established for the
processing facility shall not exceed 10,000 square
feet of floor area exclusive of the floor area desig-
nated for preparation, storage or other farm use or
devote more than 10,000 square feet to the pro-
cessing activities within another building support-
ing farm uses.
(b)  A processing facility shall
comply with all applicable siting standards but the
standards shall not be applied in a manner that
prohibits the siting of the processing facility.
(22)  Irrigation canals, delivery lines and
those structures and accessory operational facili-
ties associated with a district as defined in ORS
540.505.
(23)  Utility facility service lines. Utility
facility service lines are utility lines and accessory
facilities or structures that end at the point where
the utility service is received by the customer and
that are located on one or more of the following:
(a)  A public right-of-way;
(b)  Land immediately adjacent to a
public right-of-way, provided the written consent
of all adjacent property owners has been obtained;
or
(c)  The property to be served by the
utility.
(24)  Land application of reclaimed
water, agricultural or industrial process water or
biosolids for agricultural, horticultural or silvicul-
tural production, or for irrigation in connection
with a use allowed in an exclusive farm use zone
subject to the issuance of a license, permit or other
approval by the Department of Environmental
(Latest rev. August 21, 2002) LINN COUNTY ? RURAL RESOURCE ZONE CODE 928 - 13
Distribution Run time:  April 4, 2003 (12:58:22pm)
Quality under ORS 454.695, 459.205, 468B.050,
468B.053 or 468B.055, or in compliance with
rules adopted under ORS 468B.095 and with the
requirements of ORs 215.246, 215.247, 215.249,
and 215.251.
(25)  An outdoor gathering subject to the
applicable provisions of LCC Chapter 580 (Out-
door Assembly Peace, Heath, Safety, and Welfare
Code).
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99;; amd 02-313 ?4 eff
8/21/02]
928.611 Non-dwelling, soil-dependent uses
allowed outright in the F/F zoning
district
(A)  The uses set forth in subsection (B),
including principal and accessory buildings, are
allowed outright in the F/F zoning district based
on the soil classification.
(B)  Uses allowed outright.
(1)  A site for the disposal of solid waste
if the site:
(a) is located on non-HVFL, and
(b) has been ordered to be estab-
lished by the Environmental Quality Commission
under ORS 459.049, together with equipment,
facilities, or building necessary for its operation.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99]
928.615 Dwellings, not soil-dependent, allowed
outright in the farm area of the F/F
zoning district
(A)  The uses set forth in subsection (B),
including principal and accessory buildings, are
allowed outright in the Farm area of the F/F
zoning district regardless of soil classification.
(B)  Uses allowed outright.
(1)  Alteration, restoration, or replace-
ment of a lawfully established dwelling meeting
the requirements in LCC 933.180.
[Adopted 98-002 ?3 eff 3/4/98]]
928.617 Dwellings, not soil-dependent, allowed
outright in the forest area of the F/F
zoning district
(A)  The uses set forth in subsection (B),
including principal and accessory buildings, are
allowed outright in the forest area of the F/F
zoning district regardless of soil classification.
(B)  Uses allowed outright.
(1)  Temporary forest labor camps.
(2)  Alteration, restoration, or replace-
ment of a lawfully established dwelling meeting
the requirements in LCC 933.180.
(3)  One large tract forestland dwelling,
as described in LCC 933.740.
[Adopted 98-002 ?3 eff 3/4/98]]
928.620 Non-dwelling, non-soil-dependent uses
permitted in the F/F zoning district
through Type IIA conditional use
review
(A)  The uses set forth in subsection (B)
including principal and accessory buildings may
be permitted in the F/F zoning district regardless
of soil classification, subject to a Type IIA condi-
tional use permit review process, if the decision
criteria applicable to the use and other require-
ments of law are met.
(B)  Uses permitted conditionally.
(1)  A facility for the primary processing
of forest products.
(2)  Permanent logging equipment repair
and storage.
(3)  Log scaling.
(4)  Parking of no more than seven log
trucks subject only to the conditions set forth in
this subparagraph.
(a)  The use is subject to applicable
laws relating to health and safety; and
(b)  The use is subject to LCC
933.310 (B) (4)
(5)  Batching aggregate materials.
(a)  Temporary asphalt and concrete
batch plants as accessory uses to specific public
road projects.
(b)  New uses that batch and blend
mineral and aggregate into asphalt cement may
not be authorized within two miles of a planted
vineyard.
(6)  Mining and processing of geothermal
resources.
928 - 14 LINN COUNTY ? RURAL RESOURCE ZONE CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (12:58:22pm) Distribution
(7)  Mining and processing of oil, gas, or
other non-mineral subsurface resources.
(8)  Fire stations for rural fire protection.
(9)  Utility facilities necessary for public
service, except commercial facilities for the
purpose of generating power for public use by
sale.
(a)  The approval criterion for this
use is limited to a finding that the utility is neces-
sary for public service and the approval is not
subject to LCC 933.310.
(b)  ?Necessary for public service,?
as that term is used in this paragraph, means that
a utility facility must be situated in a Farm area of
the F/F zoning district in order for a public service
to be provided.
(10)  Commercial utility facilities for the
purpose of generating power for public use by
sale. Unless an exception is taken pursuant to
OAR 660, Division 4, such facilities shall not
preclude the use of commercial forest operation
on more than 10 acres.
(11)  Television, microwave and radio
communication facilities, and transmission tow-
ers.
(12)  Non-farm-related water intake
facilities, related treatment facilities, pumping
stations and distribution lines.
(13)  Reservoirs and water impound-
ments.
(14)  Cemeteries.
(15)  New electric transmission lines
with right-of-way widths of up to 100 feet as
specified in ORS 772.210.
(16)  New distribution lines (e.g., electri-
cal, gas, oil, geothermal) with rights-of-way 50
feet or less in width. This use does not include
local distribution lines.
(17)  Home occupations and the parking
of associated vehicles as described in LCC
932.830 to 932.845.
(18)  Transportation improvements
including roads and airports.
(a)  Transportation improvements
subject to LCC 933.310. The uses set forth in this
sub-subparagraph are subject to LCC 933.310.
(i)  Construction of additional
passing and travel lanes requiring the acquisition
of right-of-way but not resulting in the creation of
new units of land.
(ii)  Reconstruction or modifica-
tion of public roads involving the removal or
displacement of buildings but not resulting in the
creation of new units of land.
(iii)  Improvement of public
road-related facilities, such as maintenance yards,
weigh stations and rest areas, where additional
property or right-of-way is required but not result-
ing in the creation of new units of land.
(iv)  Airports.
(I)  Expansion of existing
airports not otherwise allowed in LCC 928.610.
(II)  Personal-use airports
(See personal-use airports in LCC 920.100 for
exceptions) 
(v)  Aids to navigation and
aviation.
(b)  Transportation improvements
subject to LCC 933.310 and 933.900. The uses set
forth in this sub-subparagraph are subject to LCC
933.310 and 933.900.
(i)  Realignment (as that term is
defined in OAR 660-012-0065(2) (f)) of existing
roads;
(ii)  Replacement of an intersec-
tion with an interchange; and
(iii)  Continuous median turn
lane.
(iv)  New access roads and
collectors (as those terms are defined in OAR
660-012-0065 (2) (a) and (b)) within a built or
committed exception area, or in other areas where
the function of the road is to reduce local access to
or local traffic on a state highway. These roads
shall be limited to two travel lanes. Private access
and intersections shall be limited to rural needs or
to provide adequate emergency access.
(v)  Transportation facilities,
services and improvements other than those listed
in the Land Development Code that serve local
travel needs. The travel capacity and level of
service of facilities and improvements serving
(Latest rev. August 21, 2002) LINN COUNTY ? RURAL RESOURCE ZONE CODE 928 - 15
Distribution Run time:  April 4, 2003 (12:58:22pm)
local travel needs shall be limited to that neces-
sary to support rural land uses identified in the
Comprehensive Plan or to provide adequate
emergency access.
(19)  Private accommodations for fishing
occupied on a temporary basis may be permitted
on an authorized unit of land if the accommoda-
tions are:
(a)  limited to no more than 15 guest
rooms as that term is defined in the Oregon
Structural Specialty Code; and
(b)  limited to only minor, incidental
and accessory retail sales; and
(c)  occupied temporarily for the
purpose of fishing during fishing seasons autho-
rized by the Oregon Fish and Wildlife Commis-
sion; and
(d)  located within ? mile of fish
bearing Type F waters; and
(e)  if within a forest area, the siting
standards in LCC 934.590 are met.
(20)  Private seasonal accommodations
for fee hunting operations may be allowed on an
authorized unit of land if the accommodations are:
(a)  limited to no more than 15 guest
rooms as that term is defined in the Oregon
Structural Specialty Code; and
(b)  limited to only minor, incidental
and accessory retail sales are permitted; and
(c)  occupied temporarily for the
purpose of hunting during game bird and big game
hunting seasons authorized by the Oregon Fish
and Wildlife Commission; and
(d)  if within a forest area, the siting
standards in LCC 934.590 are met.
(21)  Forest management research and
experimentation facilities as defined by ORS
526.215 or where accessory to forest operations.
(22)  The propagation, cultivation,
maintenance and harvesting of insect species.
(23)  Commercial activities in conjunc-
tion with farm use.
(24)  On-site filming and activities
accessory to on-site filming conducted in excess
of 45 days on any site within a one-year period or
involve erection of sets that would remain in place
for longer than 45 days subject to ORS 215.296.
(a)  On-site filming and activities
accessory to on-site filming may include office
administrative functions such as payroll and
scheduling, and the use of campers, truck trailers
or similar temporary facilities.
(b)  Temporary facilities may be
used as temporary housing for security personnel.
(c)  A decision of the Director to
issue any permits other than the approval of this
use that are necessary for activities under this
paragraph is not a land use decision.
(25) A site for the takeoff and landing of
model aircraft, including such buildings or facili-
ties as may reasonably be necessary.
(a)  Buildings or facilities shall not
be more than 500 square feet in floor area or
placed on a permanent foundation unless the
building or facility preexisted the approval of the
model aircraft use.
(b)  The site shall not include an
aggregate or hard surface area unless the surface
preexisted the approval of the model aircraft use.
(26)  The breeding, kenneling and train-
ing of greyhounds for racing.
(27)  Operations for the extraction and
bottling of water.
(28)  Expansion of existing county
fairgrounds and activities directly relating to
county fairgrounds governed by county fair boards
established pursuant to ORS 565.210.
(29)  A living history museum related to
resource based activities owned and operated by a
governmental agency or a local historical society,
together with limited commercial activities and
facilities that are directly related to the use and
enjoyment of the museum and located within
authentic buildings of the depicted historic period
or the museum administration building, if areas
other than an exclusive farm use zone cannot
accommodate the museum and related activities or
if the museum administration buildings and
parking lot are located within one quarter mile of
an urban growth boundary.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?9 eff
6/30/99; amd 02-313 ?4 eff 8/21/02]
928 - 16 LINN COUNTY ? RURAL RESOURCE ZONE CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (12:58:22pm) Distribution
928.621 Non-dwelling, soil-dependent uses
permitted in the F/F zoning district
through Type IIA conditional use
review
(A)  The uses set forth in subsections (B) and
(C), including principal and accessory buildings,
may be permitted in the F/F zoning district based
on soil classification, subject to a Type IIA condi-
tional use permit review process, if the decision
criteria applicable to the use and other require-
ments of law are met.
(B)  Uses permitted conditionally on HVFL.
The uses set forth in this subsection may be
permitted if on HVFL .
(1)  Commercial utility facilities for the
purpose of generating power for public use by
sale. Unless an exception is taken pursuant to
OAR 660, Division 4, such facilities shall not
preclude the use of commercial agricultural
enterprise of more than 12 acres on HVFL.
(2)  The following existing uses may be
maintained, enhanced, or expanded if on the same
tract and if wholly within the F/F zoning district.
(a)  Kennels, subject to LCC
932.400 to 932.440.
(b) Breeding, kenneling, and training
of greyhounds for racing.
(c)  Destination resorts.
(d)  Solid waste disposal sites,
subject to LCC 932.500 to 932.580.
(e)  Public or private schools.
(f)  Churches and cemeteries in
conjunction with churches.
(g)  Private parks, playgrounds, and
hunting and fishing preserves.
(h)  Golf courses. An existing golf
course may be maintained, enhanced, or expanded
to no more than 36 holes.
(C)  Uses permitted conditionally on non-
HVFL. The uses set forth in this subsection may
be permitted if on non-HVFL.
(1)  Commercial utility facilities for the
purpose of generating power for public use by
sale. Unless an exception is taken pursuant to
OAR 660, Division 4, such facilities shall not
preclude the use of commercial agricultural
enterprise of more than 20 acres on non-HVFL.
(2)  Public or private schools including
all buildings essential to the operation of a school.
The use shall not be approved within three miles
of an urban growth boundary unless an exception
is approved pursuant to ORS 197.732 and OAR
660 Division 4.
(3)  Churches and cemeteries in conjunc-
tion with churches consistent with LCC 933.195.
The use shall not be approved within three miles
of an urban growth boundary unless an exception
is approved pursuant to ORS 197.732 and OAR
660 Division 4.
(4)  Breeding, kenneling, and training of
greyhounds for racing.
(5)  Composting facilities limited to
composting operations and facilities defined by
the Environmental Quality Commission under
ORS 459.245 and OAR 340-096-0024 (1), (2) or
(3).
(a)  Building and facilities used in
conjunction with the composting operation shall
only be those required for the operation of the
subject facility.
(b)  Onsite sales shall be limited to
bulk loads of at least one unit (7.5 cubic yards) in
size that are transported in one vehicle.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99; amd 02-313 ?4 eff
8/21/02]
928.625 Dwellings, not soil-dependent, permit-
ted in the farm area of the F/F zoning
district through Type IIA conditional
use review
(A)  The uses set forth in subsection (C),
including principal and accessory buildings, may
be permitted in the Farm area of the F/F zoning
district regardless of soil classification, subject to
a Type IIA conditional use permit review process,
if the decision criteria applicable to the use and
other requirements of law are met.
(B)  Dwellings permitted conditionally.
(1)  A farm-relative dwelling, subject to
LCC 933.420.
(2) One medical hardship dwelling,
subject to LCC 932.860 to 932.895.
(Latest rev. August 21, 2002) LINN COUNTY ? RURAL RESOURCE ZONE CODE 928 - 17
Distribution Run time:  April 4, 2003 (12:58:22pm)
(3)  Residential home in an existing
dwelling, subject to ORS 197.660.
(4)  Room and board arrangements for a
maximum of five unrelated persons in existing
dwelling.
(5)  A replacement dwelling to be used in
conjunction with farm use if the existing dwelling
has been listed in the county inventory as historic
property.
(6) Alteration, restoration, or replace-
ment of a lawfully established dwelling requiring
that the Director make a decision based on a
review of information not limited to the develop-
ment permit application
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?9 eff
6/30/99; amd 02-313 ?4 eff 8/21/02]
928.626 Dwellings, soil-dependent, permitted
in the farm area of the F/F zoning
district through Type IIA conditional
use review
(A)  The uses set forth in subsection (C),
including principal and accessory buildings, may
be permitted in the farm area of the F/F zoning
district based on soil classification, subject to a
Type IIA conditional use permit review process, if
the decision criteria applicable to the use and
other requirements of law are met.
(B)  Dwellings permitted conditionally.
(1)  A dwelling customarily provided in
conjunction with farm use, subject to LCC
933.400.
(2)  An accessory farm dwelling, subject
to LCC 933.410.
(3)  A Class-IV or worse non-farm
single-family dwelling, subject to LCC 933.500.
(4)  A Class-VI or worse non-farm
single-family dwelling, subject to LCC 933.510.
(5)  A pre-85 non-HVFL dwelling,
subject to LCC 933.706.
(6)  A pre-85 HVFL-2 dwelling, subject
to LCC 933.707.
(7)  Caretaker residence for public parks
and fish hatcheries.
(8)  A wildlife management dwelling,
subject to LCC 933.790.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?9 eff
6/30/99; amd 02-313 ?4 eff 8/21/02]
928.627 Dwellings, not soil-dependent, permit-
ted in the forest area of the F/F zoning
district through Type IIA conditional
use review
(A)  The uses set forth in subsection (D),
including principal and accessory buildings, may
be permitted in the forest area of the F/F zoning
district regardless of soil classification, subject to
a Type IIA conditional use permit review process,
if the decision criteria applicable to the use and
other requirements of law are met.
(B)  Dwellings permitted conditionally.
(1)  One medical hardship dwelling,
subject to LCC 932.860 to 932.895.
(2)  Residential home in an existing
dwelling, subject to ORS 197.660.
(3)  Room and board arrangements for a
maximum of five unrelated persons in existing
dwelling.
(4)  A replacement dwelling to be used in
conjunction with farm use if the existing dwelling
has been listed in the county inventory as historic
property.
(5)  A forest homestead dwelling on a
partition established under LCC 924.728.
(6)  A forest-resource dwelling on a
partition established under LCC 924.729.
(7)  Caretaker residence for public parks
and fish hatcheries.
(8) Alteration, restoration, or replace-
ment of a lawfully established dwelling requiring
that the Director make a decision based on a
review of information not limited to the develop-
ment permit application.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?9 eff
6/30/99]
928.628 Dwellings, soil dependent, permitted
in the forest area of the F/F zoning
district through Type IIA conditional
use review
(A)   The uses set forth in subsection (B) ,
including principal and accessory buildings, may
be permitted in the forest area of the F/F zoning
district based on soil classification, subject to a
Type IIA conditional use permit review process, if
928 - 18 LINN COUNTY ? RURAL RESOURCE ZONE CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (12:58:22pm) Distribution
the decision criteria applicable to the use and
other requirements of law are met.
(B)  Dwellings permitted conditionally.
(1)  Pre-85 forestland dwelling, subject
to the additional criteria in LCC 933.720.
(2) One single-family alternative forest-
land dwelling, subject to the additional criteria in
LCC 933.750.
(3)  A wildlife management dwelling,
subject to LCC 933.790.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
928.630 Non-dwelling, non-soil-dependent uses
permitted in the F/F zoning district
through Type IIIB conditional use
review
(A)  The uses set forth in subsection (B)
including principal and accessory buildings may
be permitted in the F/F zoning district regardless
of soil classification, subject to a Type IIIB condi-
tional use review, if the decision criteria applica-
ble to the use and other requirements of law are
met.
(B)  Uses permitted conditionally on any soil
types.
(1)  Parks, playgrounds or community
centers owned and operated by a governmental
agency or a nonprofit community organization.
(2)  Firearms training facility.
(a)  New facilities.
(b)  Existing facilities. Expansion of
a lawfully existing firearms training facility or a
change of use of a lawfully existing firearms
training facility shall require review and approval
either through provisions of Code regulating
nonconforming uses or through provisions regu-
lating conditional uses, whichever is applicable.
(3)  Aggregate materials, subject to LCC
921.540 to 921.568.
(a)  Mining, crushing, processing, or
stockpiling aggregate materials, subject to ORS
215.298.
(b)  Batching aggregate materials.
(i)  Processing, as defined by
ORS 517.750, of aggregate into asphalt or port-
land cement.
(ii)  New uses that batch and
blend mineral and aggregate into asphalt cement
may not be authorized within two miles of a
planted vineyard.
(4)  Non-aggregate minerals and non-
mineral subsurface resources. Mining, crushing,
processing, or stockpiling subject to ORS
215.298.
(5)  Youth camps.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 2000-119 ?2 eff
3/28/00; amd 02-313 ?4 eff 8/21/02]
928.631 Non-dwelling, soil-dependent uses
permitted in the F/F zoning district
through Type IIIB conditional use
review
(A)  The uses set forth in subsection (B)
including principal and accessory buildings may
be permitted in the F/F zoning district based on
soil classification, subject to a Type IIIB condi-
tional use review, if the decision criteria applica-
ble to the use and other requirements of law are
met.
(B)  Uses permitted conditionally on non-
HVFL. The uses set forth in this subsection may
be permitted if on non-HVFL.
(1)  Private parks, playgrounds, and
fishing and hunting preserves. A private camp-
ground may provide yurts for overnight camping.
No more than one-third or a maximum of 10
campsites, whichever is smaller, may include a
yurt. The yurt shall be located on the ground or on
a wood floor with no permanent foundation.
(2)  Kennels subject to LCC 932.400 to
932.440;
(3)  A site for the disposal of solid waste
has been granted a permit by the Environmental
Quality Commission under ORS 459.049, toget-
her with equipment, facilities, or building neces-
sary for its operation subject to LCC 932.500 to
932.580;
(4)  Destination resorts; and
(5)  Golf courses.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99; amd 02-313 ?4 eff
8/21/02]
(Latest rev. August 21, 2002) LINN COUNTY ? RURAL RESOURCE ZONE CODE 928 - 19
Distribution Run time:  April 4, 2003 (12:58:22pm)
928.636 Dwellings, soil-dependent, permitted
in the farm area of the F/F zoning
district through Type IIIB conditional
use review
(A)  The uses set forth in subsection (B)
including principal and accessory buildings may
be permitted in the farm area of the F/F zoning
district based on the predominant use on January
1, 1993, and based on soil classification, subject
to a Type IIIB conditional use review, if the
decision criteria applicable to the use and other
requirements of law are met.
(B)  Uses permitted conditionally. Pre-85
HVFL-1 single-family dwelling, subject to LCC
933.708.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
[928.686 to 928.899 are reserved for future use.]
IV. FOREST CONSERVATION AND MAN-
AGEMENT (FCM) ZONING DISTRICT
928.900 Statement of purpose
The purpose of the FCM zoning district is:
(A)  to retain forest lands for commercial
cultivation, management, protection and harvest
of forest crops;
(B)  to provide for the protection of fish and
wildlife habitats, watersheds, scenic resources and
air, water and land resource quality;
(C)  to allow for public and private outdoor
recreational uses; and
(D)  to provide for land uses compatible with
forest practices.
[Adopted 98-002 ?3 eff 3/4/98]
928.907 Definitions
For purposes of LCC 928.900 to 928.999:
(A) ?Auxiliary? means a use or alteration of
a structure or land which provides help or is
directly associated with the conduct of a particular
forest practice or operation.
(B)  ?Auxiliary structure? means a structure
that is located on site, temporary in nature, and is
not designed to remain for the forest?s entire
growth cycle from planting to harvesting.
(C)  ?Forest practices?means any operation
conducted on or pertaining to forestland, including
but not limited to:
(1)  Reforestation of forestland;
(2)  Road construction and maintenance;
(3)  Harvesting of forest tree species;
(4)  Application of chemicals; and
(5)  Disposal of slash.
(D)  ?Operation,?in reference to forestry,
means any commercial activity relating to the
growing or harvesting of forest tree species. The
term includes such activities as the growing,
cultivating, spraying, thinning, pruning, protect-
ing, harvesting through cutting, and transporting
of such species.
[Adopted 98-002 ?3 eff 3/4/98; formerly at LCC 928.910; amd 99-121 ?9 eff
6/30/99 (see ORS 527.620 and OAR Chapter 629]
928.909 Auxiliary uses
An auxiliary use, including an auxiliary
structure:
(A) may be used only during the term of a
particular forest operation; and
(B)  shall be removed when the particular
forest practice has concluded.
[Adopted 99-121 ?9 eff 6/30/99]
928.910 Non-dwelling uses allowed outright in
the FCM zoning district
(A)  The uses, set forth in subsection (B),
including principal and accessory buildings are
allowed outright in the FCM zoning district.
(B)  Uses allowed outright.
(1)  Forest operations or forest practices.
(2)  Auxiliary structures.
(3)  Physical alterations to the land
auxiliary to forest practices including, but not
limited to, those made for purposes of:
(a)  exploration, mining, commercial
gravel extraction and processing,
(b)  solid waste disposal sites,
(c)  dams,
(d)  reservoirs,
(e)  road construction, or
(f)  recreational facilities.
928 - 20 LINN COUNTY ? RURAL RESOURCE ZONE CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (12:58:22pm) Distribution
(4)  Uses to conserve soil, air, and water
quality and to provide for wildlife and fisheries
resources.
(5)  Farm use.
(6)  Local distribution lines (including
but not limited to electric, telephone and natural
gas facilities) and accessory equipment (such as
electric, telephone and natural gas lines, electric
distribution transformers, meter cabinets, terminal
boxes, and pedestals), or equipment which pro-
vides service hookups, including water service
hookups.
(7)  Temporary portable facility for the
primary processing of forest products.
(8)  Exploration for and production of
geothermal resources.
(9)  Exploration for and production of oil
and gas.
(10)  Exploration for minerals.
(11)  Private hunting and fishing opera-
tions without any lodging accommodations.
(12)  Towers and fire stations for forest
fire protection.
(13)  The following transportation im-
provements including roads and airports:
(a)  Climbing and passing lanes
within the right-of-way existing as of July 1, 1987.
(b)  Reconstruction or modification
of public roads not including the addition of travel
lanes, where no removal or displacement of
buildings would occur or no new units of land
would result.
(c)  Temporary public road detours
that will be abandoned and restored to original
condition or use at such time as no longer needed.
(d)  Minor betterment of existing
public road-related facilities such as maintenance
yards, weigh stations and rest areas, within the
right-of-way existing as of July 1, 1987, and
contiguous, publicly-owned property utilized to
support the operation and maintenance of public
roads.
(e)  Channelization (as that term is
defined in OAR 660-012-0065(e));
(f)  Bikeways, footpaths and recre-
ation trails not otherwise allowed as a modifica-
tion or part of an existing road;
(g)  Park-and-ride areas;
(h)  Railroad mainlines and branch-
lines;
(i)  Pipelines;
(j)  Navigation channels;
(k)  Replacement of docks and other
facilities without significantly increasing the
capacity of those facilities; and
(l)  Expansions or alterations of
public use airports that do not permit service to a
larger class of airplanes.
(14)  Water intake facilities, canals and
distribution lines for farm irrigation and ponds.
(15)  Structures not intended for habita-
tion which are accessory to fish and wildlife
enhancement.
(16)  A site for the disposal of solid
waste, together with equipment, facilities, or
building necessary for its operation that has been
ordered to be established by the Environmental
Quality Commission under ORS 459.049.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99]
928.915 Dwellings allowed outright in the
FCM zoning district
(A)  The uses, including principal and acces-
sory buildings, set forth in subsection (B) are
allowed outright in the FCM zoning district.
(B)  Uses allowed outright.
(1)  Temporary forest labor camps.
(2)  Alteration, restoration, or replace-
ment of a lawfully established dwelling meeting
the criteria in LCC 928.020.
[Adopted 98-002 ?3 eff 3/4/98]
928.920 Non-dwelling uses permitted in the
FCM zoning district through Type
IIA conditional use review
(A)  The uses set forth subsection (B), includ-
ing principal and accessory buildings, may be
permitted in the FCM district subject to a Type
IIA conditional use permit review, if the decision
criteria in LCC 928.920, any additional criteria
(Latest rev. August 21, 2002) LINN COUNTY ? RURAL RESOURCE ZONE CODE 928 - 21
Distribution Run time:  April 4, 2003 (12:58:22pm)
that may be specified in this section, and other
requirements of law are met.
(B)  Uses permitted conditionally.
(1)  Permanent facility for the primary
processing of forest products.
(2)  Permanent logging equipment repair
and storage.
(3)  Log scaling and weigh stations.
(4)  A site for the disposal of solid waste,
together with equipment, facilities or buildings
necessary for its operation for which the Depart-
ment of Environmental Quality has granted a
permit under ORS 459.245.
(5)  Parks.
(6)  Minerals, including aggregate.
(a)  Mining, crushing, processing,
and stockpiling, subject to ORS 215.298.
(b)  Batching aggregate materials.
(i)  Temporary asphalt and
concrete batch plants as accessory uses to specific
public road projects.
(ii)  New uses that batch and
blend mineral and aggregate into asphalt cement
may not be authorized within two miles of a
planted vineyard.
(7)  Mining and processing of geothermal
resources.
(8)  Mining and processing of oil and
gas.
(9)  Utility facilities for the purpose of
generating power. Unless an exception is taken
pursuant to OAR 660, Division 4., such facilities
shall not preclude the use of commercial forest
operation on more than 10 acres.
(10)  Television, microwave and radio
communication facilities, and transmission tow-
ers.
(11)  New electric transmission lines
with right-of-way widths of up to 100 feet as
specified in ORS 772.210.
(12)  New distribution lines (e.g., electri-
cal, gas, oil, geothermal resources) with rights-of-
way 50 feet or less in width.
(13)  Water intake facilities, related
treatment facilities, pumping stations and distribu-
tion lines.
(14)  Reservoirs and water impound-
ments.
(15)  Establishment of a firearms training
facility.
(a)  A firearms training facility
lawfully existing on September 9, 1995 shall be
allowed to continue operating without a condi-
tional use permit until the facility is no longer
used as a firearms training facility.
(b)  Expansion of a lawfully existing
firearms training facility or a change of use of a
lawfully existing firearms training facility shall
require review and approval either through provi-
sions of Code regulating nonconforming uses or
through provisions regulating conditional uses,
whichever is applicable.
(16)  Cemeteries.
(17)  Fire stations for rural fire protec-
tion.
(18)  Home occupations and the parking
of associated vehicles pursuant to LCC 932.510 to
932.540.
(19)  Transportation improvements
including roads and airports.
(a)  Transportation improvements
subject to LCC 933.310. The uses set forth in this
subparagraph are subject to LCC 933.310.
(i)  Construction of additional
passing and travel lanes requiring the acquisition
of right-of-way but not resulting in the creation of
new units of land.
(ii)  Reconstruction or modifica-
tion of public roads involving the removal or
displacement of buildings but not resulting in the
creation of new units of land.
(iii)  Improvement of public
road- related facilities, such as maintenance yards,
weigh stations and rest areas, where additional
property or right-of-way is required but not result-
ing in the creation of new units of land.
(iv)  Expansion of existing
airports.
(v)  Aids to navigation and
aviation.
(b)  Transportation improvements
subject to LCC 933.310 and 933.900. The uses set
928 - 22 LINN COUNTY ? RURAL RESOURCE ZONE CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (12:58:22pm) Distribution
forth in this subparagraph are subject to LCC
933.310 and 933.900.
(i)  Realignment (as that term is
defined in OAR 660-012-0065(2) (f)) of existing
roads;
(ii)  Replacement of an intersec-
tion with an interchange; and
(iii)  Continuous median turn
lane.
(iv)  New access roads and
collectors (as those terms are defined in OAR
660-012-0065 (2) (a) and (b)) within a built or
committed exception area, or in other areas where
the function of the road is to reduce local access to
or local traffic on a state highway. These roads
shall be limited to two travel lanes. Private access
and intersections shall be limited to rural needs or
to provide adequate emergency access.
(v)  Transportation facilities,
services and improvements other than those listed
in the Land Development Code that serve local
travel needs. The travel capacity and level of
service of facilities and improvements serving
local travel needs shall be limited to that neces-
sary to support rural land uses identified in the
Comprehensive Plan or to provide adequate
emergency access.
(20)  Private accommodations for fishing
occupied on a temporary basis may be allowed if
the accommodations are:
(a)  limited to no more than 15 guest
rooms as that term is defined in the Oregon
Structural Specialty Code;
(b)  limited to only minor, incidental
and accessory retail sales are permitted;
(c)  occupied temporarily for the
purpose of fishing during fishing seasons autho-
rized by the Oregon Fish and Wildlife Commis-
sion; and
(d)  located within ? mile of fish
bearing Type F waters; and
(e)  in compliance with the siting
standards in LCC 934.590.
(21)  Private seasonal accommodations
for fee hunting operations may be allowed if the
accommodations are:
(a)  limited to no more than 15 guest
rooms as that term is defined in the Oregon
Structural Specialty Code;
(b)  limited to only minor, incidental
and accessory retail sales are permitted; and
(c)  occupied temporarily for the
purpose of hunting during game bird and big game
hunting seasons authorized by the Oregon Fish
and Wildlife Commission; and
(d)  in compliance with the siting
standards in LCC 934.590.
(22)  Forest management research and
experimentation facilities as defined by ORS
526.215 or where accessory to forest operations.
(23)  Destination resorts reviewed and
approved pursuant to ORS 197.435 to 197.465
and Goal 8.
(24)  Youth camps.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?9 eff
6/30/99; amd 02-313 ?4 eff 8/21/02]
928.935 Dwellings permitted in the FCM zon-
ing district through Type IIA condi-
tional use review
(A)  The uses set forth subsection (B), includ-
ing principal and accessory buildings, may be
permitted in the FCM district subject to a Type
IIA conditional use permit review, if the decision
criteria in LCC 928.920, any additional criteria
that may be specified in this section, and other
requirements of law are met.
(B)  Uses permitted conditionally.
(1)   One medical hardship dwelling,
subject to LCC 932.860 to 932.895.
(2)  An existing authorized dwelling that
by a partitioning under LCC 924.622 becomes a
forest homestead.
(3) Alteration, restoration, or replace-
ment of a lawfully established dwelling requiring
that the Director make a decision based on a
review of information not limited to the develop-
ment permit application.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?9 eff 6/30/99]
[928.931 to 928.999 are reserved for future use.]
(Latest rev. August 21, 2002) LINN COUNTY ? RURAL RESOURCE ZONE CODE 928 - 23
Distribution Run time:  April 4, 2003 (12:58:22pm)
Statutory References and Other Authorities:
ORS 197; 203; 215; 308; 321; 368; 459; 517; 520;
522; 526; 527; 537; 722; 772; OAR 660 Divs. 04,
012, 033, and 035.
Legislative History of Chapter 928:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 98-432 eff 10/21/98
#2 99-121 ?9 eff 6/30/99
#3 2000-119 ?2 eff 3/28/00
#4 02-313 ?4 eff 8/21/02
928 - 24 LINN COUNTY ? RURAL RESOURCE ZONE CODE (Latest rev. August 21, 2002)
Run time: April 4, 2003 (12:58:22pm) Distribution
[This page is intentionally blank]
(Latest rev. March 31, 2004 ) LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE 929 - 1
Amendment Run time: May 7, 2004 (10:30:21am)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 3 ? Zoning Districts
CHAPTER 929
RURAL DEVELOPMENT ZONE CODE
TABLE OF CONTENTS
   Section Title
   929.005 Title; short title
   929.010 Compliance requirements
I. AGRIBUSINESS (AB) ZONING DISTRICT 
   929.010 Statement of purpose
   929.020 AB uses allowed outright
   929.030 AB uses permitted through a Type IIA
conditional use review
II. FREEWAY INTERCHANGE COMMERCIAL (FIC) ZONING
DISTRICT
   929.110 Statement of purpose
   929.120 FIC uses allowed outright
   929.130 FIC uses permitted through conditional use
review
III. HEAVY INDUSTRIAL (HI) ZONING DISTRICT 
   929.210 Statement of purpose
   929.220 HI uses allowed outright
   929.230 HI uses permitted through a Type IIA
conditional use review
   929.240 HI uses permitted through an urban exception
IV. LIMITED INDUSTRIAL (LI) ZONING DISTRICT
   929.310 Statement of purpose
   929.320 LI uses allowed outright
   929.330 LI uses permitted through a Type IIA
conditional use review
   929.340 LI uses permitted outright through an urban
exception
V. RURAL COMMERCIAL (RCM) ZONING DISTRICT 
   929.410 Statement of purpose
   929.420 RCM uses allowed outright
   929.430 RCM uses permitted through a Type IIA
conditional use review
VI. RURAL CENTER (RCT) ZONING DISTRICT
   929.510 Statement of purpose
   929.520 RCT uses allowed outright
   929.530 RCT uses permitted through a Type IIA
conditional use review
VII. RURAL RESIDENTIAL (RR) ZONING DISTRICT
   929.610 Statement of purpose
   929.620 RR uses allowed outright
   929.630 RR uses permitted through a Type IIA
conditional use review
VIII. URBAN DEVELOPMENT (UD?I) ZONING DISTRICT
   929.710 Statement of purpose
   929.720 UD?I uses allowed outright
   929.730 UD?I uses permitted through a Type IIA
conditional use review
IX. URBAN DEVELOPMENT (UD?II) ZONING DISTRICT
   929.810 Statement of purpose
   929.820 UD?II uses allowed outright
   929.830 UD?II uses permitted through a Type IIA
conditional use review
X. NON-RESOURCE (NR) ZONING DISTRICT 
   929.910 Statement of purpose
   929.920 Non-resource uses allowed outright
   929.930 Non-resource uses permitted through a Type
IIA conditional use review
Statutory References and Authorities
Legislative History of Chapter 929
929.005 Title; short title
This Chapter, LCC 929.005 to 929.999, shall
be known and cited as the ?Linn County Rural
Development Zone Code.? This Chapter may also
929 - 2 LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE (Latest rev. March 31, 2004 )
Run time: May 7, 2004 (10:30am) Amendment
be referred to and cited as the ?Rural
Development Zone Code.?
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?10 eff 6/30/99]
929.010 Compliance requirements
(A)  Notwithstanding the presence or absence
of any conditions, requirements, standards, or
criteria with any use mentioned in this Chapter, all
uses remain subject to any applicable conditions,
requirements, standards, or criteria that may be set
forth in other Chapters of the Land Development
Code.
(B) The conditions, requirements, standards,
and criteria are set forth generally in the following
Chapters:
(1) Decision criteria . . Chaps. 932, 933
(2) Conditions . . . . . . . . . Chapter 933
(3) Requirements . . . . . . . Chapter 933
(4) Standards
(a)  Property . . . . . . . Chapter 934
(b)  Access . . . . . . . . Chapter 935
(C)  The conditional uses set forth in this
Chapter are subject to approval pursuant to
meeting the applicable requirements and decision
criteria in LCC 932.200 to 220 and LCC Chapter
933 (Conditions, Requirements, and Decision
Criteria Code).
(D)  Development of all properties in the
Rural Development Zone must comply with:
(1) the development standards set forth in
LCC Chapter 934 (Development Standards Code),
specifically 934.610 to 934.680; and
(2) Except as provided in LCC 924.100
(B), the access improvement standards set forth in
LCC Chapter 935 are applicable to all principal
and accessory uses permitted in the RDZ.
(E)  Development of any property in the RDZ
may have one or more conditions imposed on the
permit.
[Adopted 98-002 ?3 eff 3/4/98]
I. AGRIBUSINESS (AB) ZONING DISTRICT 
929.010 Statement of purpose
(A)  The purposes of the Agribusiness (AB)
zoning district shall be:
(1) to provide for development of a
limited variety of industrial and commercial
facilities or establishments necessary for and
directly serving agricultural or forestry uses; and
(2) to allow those uses consistent with
agricultural practices as provided in ORS Chapter
215.
(B)  The establishment of this zoning district
is not intended as an extension of an industrial
zoning district surrounding a city.
(C)  The uses permitted in this zoning district
are intended for isolated rural areas.
[Adopted 98-002 ?3 eff 3/4/98]
929.020 AB uses allowed outright
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses are allowed outright in the AB
zoning district.
(B)   Uses allowed outright.
(1) Farm uses.
(2) Cultivation, management, protection
and harvest of forest crops.
(3) Storage, distribution, and sale of feed,
fertilizer, seed, chemicals and other products used
for commercial agricultural or timber production.
(4) Farm product receiving plants
including processing, packaging, reshipment
facilities and wineries except for canneries and
frozen food processing plants.
(5) Livestock sales yards.
(6) Horticultural specialties such as
greenhouses and nursery products.
(7) Alteration, expansion, or replacement
of a dwelling or manufactured dwelling lawfully
established on an authorized unit of land.
(8) One single-family dwelling or
manufactured dwelling in conjunction with a farm
or forest use on an authorized unit of land of at
least the minimum required area.
(Latest rev. March 31, 2004 ) LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE 929 - 3
Amendment Run time: May 7, 2004 (10:30:21am)
(9) Expansion of a church, public or
private school or community center owned or
operated by a governmental agency or private,
nonprofit, community organization which has
been lawfully established on an authorized unit of
land, provided such expansion does not exceed 50
percent of the gross floor area of the structure or
2,000 square feet, whichever is greater.
(10) Transportation improvements.
[Adopted 98-002 ?3 eff 3/4/98]
929.030 AB uses permitted through a Type IIA
conditional use review
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses are permitted in the AB zoning
district through a Type IIA procedure subject to
the decision criteria in LCC 933.200 and 933.220.
(B)   Uses permitted through conditional use
review.
(1) Home occupations, subject to LCC
932.830 to 932.845.
(2) Seasonal farmworker housing or
forest labor camps.
(3) Temporary facilities for the primary
processing of forest products.
(4) Commercial activities in conjunction
with a farm use.
(5) One medical hardship dwelling,
subject to LCC 932.860 to 932.895.
(6) Oil, natural gas and geothermal
exploration and extraction.
(7) One caretaker dwelling for a use
permitted in LCC 929.020 and 929.030, subject to
LCC 932.800 to 932.815.
(8) Kennels, subject to LCC 932.400 to
932.440.
(9) Cemeteries.
(10) Storage, repair, or sale of fencing,
irrigation pipe, pumps and other commercial farm
or forest-related or farm-related equipment and
implements.
(11) Farm or forest equipment storage
and repair facilities.
(12) Bulk storage and distribution
facilities for fuels, pesticides and fertilizers.
(13) Veterinarian clinic.
(14) Public or private schools.
(15) Churches.
(16) Private parks, playgrounds, hunting
and fishing preserves.
(17) Parks, playgrounds, or community
centers owned and operated by a governmental
agency or a nonprofit community organization.
(18) Utility facilities necessary for public
service.
(19) Personal-use airports. (See
personal-use airports in LCC 920.100 for
exceptions)
(20) Public and semi-public buildings
and uses.
(21) Energy generating facilities not
requiring review by the Oregon Energy Facilities
Siting Council.
(22) Slaughtering of animals, including
attendant retail and wholesale sales, which may be
conducted outside an enclosed building.
(23) Livestock feedlots.
(24) Firearm training facility.
(25)Staging area subject to LCC 932.700
to 932.770.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?10 eff 6/30/99]
II. FREEWAY INTERCHANGE COMMERCIAL
(FIC) ZONING DISTRICT
929.110 Statement of purpose
(A)  The purpose of the Freeway Interchange
Commercial (FIC) zoning district shall be to
permit the use of freeway interchange property to
fill the immediate needs of motorists and
commerce.
(B)  The uses permitted in this zoning district
are intended to serve the rural and traveling
population.
[Adopted 98-002 ?3 eff 3/4/98]
929.120 FIC uses allowed outright
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses are allowed outright in the FIC
zoning district.
929 - 4 LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE (Latest rev. March 31, 2004 )
Run time: May 7, 2004 (10:30am) Amendment
(B)   Uses allowed outright.
(1) Automobile and truck services set
forth in this subsection located within a building
or buildings with a total size not to exceed 3,750
square feet.
(a)  Service station.
(b)  Repair, including the sale of
parts as a secondary use.
(2) Food and beverage facilities located
within a building or buildings with a total size not
to exceed 3,750 square feet including:
(a)  Restaurant.
(b)  Convenience grocery store.
(3) Alteration, expansion or replacement
of a dwelling lawfully established on a property
prior to the establishment of the FIC zoning
district.
(4) Expansion of a church, public or
private school or community center owned or
operated by a governmental agency or private
nonprofit community organization which has been
lawfully established on a property provided such
expansion does not exceed 50% of the gross floor
area of the structure of 5,000 square feet,
whichever is greater.
(5) Limited farm use.
(6) Cultivation, management, protection
and harvest of forest crops, but excluding timber
processing operations, maintenance and repair
facilities for timber vehicles or equipment.
(7) Residential home in an existing
dwelling.
(8) Transportation improvements.
[Adopted 98-002 ?3 eff 3/4/98]
929.130 FIC uses permitted through
conditional use review
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses may be permitted in the FIC zoning
district through the procedure established in LCC
Chapter 921 (Land Development Administration
Code) for a conditional use review subject to the
decision criteria in LCC Chapter 933.200 and
933.220.
(B)  Uses permitted through conditional use
review.
(1) Parks. Office and customer retail
support services must be located within a building
or buildings with a total size not to exceed 3,750
square feet. Guests may not camp for more than
120 days per calendar year, nor may guest?s
recreational vehicles be on the property for more
than 120 days per calendar year. Recreational
vehicles may not be rented or stored on the site.
(2) Accessory structures for uses
permitted conditionally, subject to applicable
building size limitations.
(3) Utility facilities necessary for public
service.
(4)One caretaker dwelling for a use
permitted in this section, subject to LCC 932.800
to 932.815.
(5) Public and semi-public buildings and
uses to be located within a building or buildings
with a total size not to exceed 3,750 square feet.
The size limitation does not apply to fire stations,
utility substations, schools or churches.
(6) Staging area subject to LCC 932.700
to 932.770.
(7) Alteration, restoration, or
replacement of a lawfully established dwelling
requiring that the Director make a decision based
on a review of information not limited to the
development permit application.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?10 eff 6/30/99]
III. HEAVY INDUSTRIAL (HI) ZONING
DISTRICT 
929.210 Statement of purpose
(A)  The purpose of the Heavy Industrial (HI)
zoning district is to permit the continuation and
expansion of existing industrial land uses;  to
provide the opportunity for new, resource-related
and rural-scale industrial uses; and to provide
economic development opportunities on
qualifying abandoned or diminished mill sites
consistent with applicable Plan policies. 
[Amd 04-056 ?1 eff 3/31/04]
(Latest rev. March 31, 2004 ) LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE 929 - 5
Amendment Run time: May 7, 2004 (10:30:21am)
(B)  The Heavy Industrial zoning district is
intended for manufacturing activities which are
dependent upon close proximity to natural
resources or raw materials; or which need a
relatively isolated location because of operational
characteristics.
(C)  The HI zoning district provides for land
uses which have potential for conflicts with other
uses. Small-scale, rural-dependent businesses are
permitted as outlined below.
(D)  The expansion or replacement of certain
existing urban industrial uses LCC 929.220 to
929.240 are permitted and described in detail in
the Comprehensive Plan.
[Adopted 98-002 ?3 eff 3/4/98]
929.220 HI uses allowed outright
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses are allowed outright in the HI
zoning district.
(B)  Uses allowed outright.
(1) Agricultural uses.
(a)  Equipment repair and storage.
(b)  Warehouses for agricultural
products.
(c)  Receiving station.
(d)  Nursery.
(e)  Commercial activity in
conjunction with a farm use.
(2) Small-scale, rural-dependent busi-
nesses performing maintenance, repair or other
structural or site improvements or fabrication of
parts principally for rural residents or rural
industrial activities. The development is limited to
no more than three uses per exception site or one
use per property in an exception area, whichever
is greater. No use shall have a building or
combined building size totaling more than 5,000
square feet and a site size not to exceed three
acres.
(3) Automotive and truck services set
forth in this subsection located within a building
or buildings with a total size not to exceed 3,750
square feet.
(a)  Service station.
(b)  Repair, including the sale of
parts as a secondary use.
(4) Fuel distribution and storage,
including the processing, distribution and sale of
firewood.
(5) Forest products.
(a)  Equipment repair and storage.
(b)  Manufacturing of lumber,
plywood, strandboard, paper and shakes
(6) Existing uses identified in LCC
929.220 to 929.240 (only existing use is permitted
at identified site).
(7) Utility facility necessary for public
service.
(8) Alteration, expansion or replacement
of a dwelling lawfully established on an
authorized unit of land prior to the establishment
of the HI zoning district.
(9) Limited farm use.
(10) Transportation improvements.
[Adopted 98-002 ?3 eff 3/4/98]
929.230 HI uses permitted through a Type IIA
conditional use review
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses are permitted in the HI zoning
district through a Type IIA procedure subject to
the decision criteria in LCC 933.200 to 933.220.
(B)  Uses permitted through conditional use
review.
(1) Slaughter house.
(2) Rendering plant.
(3) Cannery.
(4) Energy generating facilities
producing power for public sale.
(5) Personal use airports. (See personal-
use airports in LCC 920.100 for exceptions)
(6)  Public-use airports
(7) Uses permitted conditionally in the LI
zoning district, excluding public and private
schools.
(8) Wrecking yard or junkyard limited to
an area not to exceed five acres.
929 - 6 LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE (Latest rev. March 31, 2004 )
Run time: May 7, 2004 (10:30am) Amendment
(9) Recycling of metals, glass, paper and
other similar material limited to an area not to
exceed five acres.
(10)One caretaker dwelling for a use
permitted in LCC 929.220 to 929.240, subject to
LCC 932.800 to 932.815.
(11) Staging area, subject to LCC
932.700 to 932.770.
(12) Manufacture or storage of highly
combustible materials or explosives.
(13) Alteration, restoration, or
replacement of a lawfully established dwelling
requiring that the Director make a decision based
on a review of information not limited to the
development permit application.
(14) Industrial development on an
abandoned or diminished mill site not otherwise
allowed under LCC 929.220 or permitted under
LCC 929.230, subject to the criteria and
procedures in LCC 932.200 through 932.299.  The
development is subject to the qualification and
delineation of the mill site pursuant to the criteria
and procedures identified in LCC 932.220.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?10 eff 6/30/99; amd 04-056 ?1 eff
3/31/04]
929.240 HI uses permitted through an urban
exception
All principle uses set forth in this section,
including expansion and replacement, and uses
accessory to those principle uses are permitted at
the locations set forth in the table in this section
and any subsequent changes of these tax-lot
numbers from remapping. Expansion of an
existing use is permitted on the area shown on the
urban exception map.
Site Use Location
I-1 Contractor office,
shop and storage
yard
T9, R1W, S14, TL 1801.
I-7 Manufacture of
metal products
T11, R3W, S33, TL 502 & 503
I-12 T12, R4W, S3, TL 202 & 205.
I-33 Manufacture of
concrete products
T12, 2W, S2, TL 2002
[Adopted 98-002 ?3 eff 3/4/98]
IV. LIMITED INDUSTRIAL (LI) ZONING
DISTRICT
929.310 Statement of purpose
(A)  The purpose of the Limited Industrial
(LI) zoning district is to permit the continuation
and expansion of existing industrial land uses;  to
provide the opportunity for new resource-related
and rural-scale industrial uses; and to provide
economic development opportunities on
qualifying abandoned or diminished mill sites
consistent with applicable Plan policies.
[Amd 04-056 ?1 eff 3/31/04]
(B)  The Limited Industrial zoning district is
intended for land uses which are dependent upon
close proximity to natural resources or raw
materials or which need a relatively isolated
location because of operational characteristics.
(C)  Small-scale, rural-dependent businesses
are permitted as set forth in LCC 929.320 to
929.340.
(D)  The expansion and replacement of
certain existing urban industrial uses listed below
is permitted and described in detail in the
Comprehensive Plan.
[Adopted 98-002 ?3 eff 3/4/98]
929.320 LI uses allowed outright
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses are allowed outright in the LI
zoning district provided all such uses, other than
off-road parking and other activities which by
necessity must be conducted in the open, are to be
conducted entirely within an enclosed building.
(B)  Uses allowed outright.
(1) Agricultural uses.
(a)  Equipment repair and storage.
(b)  Warehouses for agricultural
products.
(c)  Receiving station.
(d)  Nursery.
(e)  Commercial activity in
conjunction with a farm use.
(2) Forest products uses.
(a)  Equipment repair and storage.
(Latest rev. March 31, 2004 ) LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE 929 - 7
Amendment Run time: May 7, 2004 (10:30:21am)
(b)  Processing of milled lumber into
building materials.
(3) Small-scale, rural-dependent
businesses performing maintenance, repair or
other structural or site improvements or
fabrication of parts principally for rural residents
or rural industrial activities, limited to no more
than three uses per exception site or one use per
property in an exception area, whichever is
greater. No use shall have a building or combined
building size totaling more than 5,000 square feet
and a site size not to exceed three acres.
(4) Automotive and truck services set
forth in this paragraph located within a building or
buildings with a total size not to exceed 3,750
square feet.
(a)  Service station.
(b)  Repair, including the sale of
parts as a secondary use.
(5) Existing uses identified in LCC
929.340 (only existing use is permitted at
identified site).
(6) Alteration, expansion or replacement
of a dwelling lawfully established on a authorized
unit of land prior to the establishment of the LI
zoning district.
(7) Utility facilities necessary for public
service.
(8) Transportation improvements.
(9) Limited farm use.
[Adopted 98-002 ?3 eff 3/4/98]
929.330 LI uses permitted through a Type IIA
conditional use review
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses are permitted in the LI zoning
district through a Type IIA procedure and the
decision criteria in LCC 933.200 and 933.220.
(B)  Uses permitted through conditional use
review.
(1) Wrecking yard or junkyard limited to
an area not to exceed five acres.
(2) Recycling of metals, glass, paper and
other similar material limited to an area not to
exceed five acres.
(3) Storage of highly combustible
materials or explosives.
(4) Fuel distribution and storage,
including the processing, distribution and sale of
firewood.
(5) One medical hardship dwelling,
subject to LCC 932.860 to 932.895.
(6) Airports. (See personal-use airports
in LCC 920.100 for exceptions).
(7) Public and private schools up to a
maximum of 15,000 square feet of building area.
(8) Accessory structures for uses
permitted conditionally.
(9) One caretaker residence for a use
permitted in LCC 929.320 and 929.330 subject to
LCC 932.800 to 932.815.
(10) Kennel, subject to LCC 932.400 to
932.440.
(11) Staging area, subject to LCC
932.700 to 932.770.
(12) Alteration, restoration, or
replacement of a lawfully established dwelling
requiring that the Director make a decision based
on a review of information not limited to the
development permit application.
(13) Industrial development on an
abandoned or diminished mill site not otherwise
allowed under LCC 929.220 or permitted under
LCC 929.230, subject to the criteria and
procedures in LCC 932.200 through 932.299.  The
development is subject to the qualification and
delineation of the mill site pursuant to the criteria
and procedures identified in LCC 932.220.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 99-121 ?10 eff
6/30/99; amd 04-056 ?1 eff 3/31/04]]
929.340 LI uses permitted outright through an
urban exception
(A) Definitions. For purposes of this section
?replacement? means that a use identified in this
section may be replaced only by a use that is
specified in this section or is determined by the
Director to be closely similar in nature to a use
identified in this section.
(B)  Expansion and replacement of the
principle uses set forth in this section and uses
accessory to those principle uses are permitted
929 - 8 LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE (Latest rev. March 31, 2004 )
Run time: May 7, 2004 (10:30am) Amendment
outright at the locations identified on the ?Urban
Exceptions? map of the Comprehensive Plan.
Those locations are also set forth in the table in
this section.
(C)  The tax-lot numbers set forth in the table
in this section are subject to change by the County
Assessor at any time. A change in the tax-lot
number does not affect the authority recognized
and granted by this section.
Site Use Location
I-6
Sale and repair of
appliances
T11, R4W, S 32, TL 1104
Sale and repair of
cars and trucks
T11, R4W, S 32 TL 1103
Sale and manufacture
of furniture
 T11, R4W, S32, TL 1100
and 1102
Self-service storage
facility
T11, R4W, S32, TL 1301
Sale and repair of
recreational vehicles
and trailers
 T11, R4W, S 32, TL 1201
Sale and repair of
boats
T11, R4W, S 32, TL 1105
Manufacture of
ornamental iron
T11, R4W, S 32, TL 1105
I-13
Sale and repair of
manufactured homes
T12, R3W, S5, TL 501
Contractor office,
shop and storage yard
T12, R3W, S5, TL 600
I-20 Self-service storagefacility T13, R1W, S4, TL 909
I-24
Manufacture of metal
detectors
T13, R1E, S30C, TL 500
(2.43 ac.) & 801; TL13,
R1E, S31BB, TL 100, 101,
200 & 201
I-32 Manufacture ofpumps and meters  T12, R3W, S1, TL 1200
I-44 Manufacturing andrepair facilities T12, R3W, S6, TL 900 &1000
I-46 Contractor office,shop and storage yard T12, R1W, S32, TL 1400
[Adopted 98-002 ?3 eff 3/4/98]
V. RURAL COMMERCIAL (RCM) ZONING
DISTRICT 
929.410 Statement of purpose
(A)  The purpose of the Rural Commercial
(RCM) zoning district shall be to provide for a re-
stricted scale of commercial development in rural
areas.
(B)  The zoning district permits uses which
are intended to provide a convenient location for
rural residents to obtain household commodities
or to operate small-scale, service businesses.
(C)  It is the intent of this zoning district to
allow commercial activities which will be used
primarily by rural residents.
[Adopted 98-002 ?3 eff 3/4/98]
929.420 RCM uses allowed outright
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses are allowed outright in the RCM
zoning district.
(B)  Uses allowed outright.
(1) Retail uses listed below located
within a building or buildings with a total size not
to exceed 3,750 square feet.
(a)  Antique store.
(b)  General store.
(c)  Barber or beauty shop.
(d)  Restaurant.
(e)  Bar, tavern.
(f)  Arts and crafts sales and
production.
(g)  Grocery store.
(h)  Garden center, nursery
(greenhouses not included in building size
standard).
(2) Automotive and truck services listed
below located within a building or buildings with
a total size not to exceed 3,750 square feet.
(a)  Service station.
(b)  Repair, including the sale of
parts as a secondary use.
(3) Professional and business offices
located in a building or buildings with a total size
not to exceed 2,500 square feet.
(Latest rev. March 31, 2004 ) LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE 929 - 9
Amendment Run time: May 7, 2004 (10:30:21am)
(4) One caretaker residence for a use
allowed in this section, subject to LCC 932.800 to
932.815.
(5) Alteration, expansion or replacement
of a dwelling lawfully established on an
authorized unit of land prior to the establishment
of the RCM zoning district.
(6) Limited farm use.
(7) Cultivation, management, protection
and harvest of forest crops, but excluding timber-
processing operations or maintenance and repair
facilities for timber vehicles or equipment.
(8) Residential home in an existing
dwelling.
(9) Expansion of a church, public or
private school or community center owned or
operated by a governmental agency or private,
nonprofit, community organization which has
been lawfully established on a authorized unit of
land, provided such expansion does not exceed
50% of the gross floor area of the structure of
5,000 square feet, whichever is greater.
(10) Commercial activities in
conjunction with farm use.
(11) Transportation improvements.
[Adopted 98-002 ?3 eff 3/4/98]
929.430 RCM uses permitted through a Type
IIA conditional use review
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses may be permitted in the RCM
zoning district through a Type IIA and decision
criteria in LCC 933.200 and 933.220.
(B)  Uses permitted through conditional use
review.
(1) Veterinarian clinic.
(2) Kennel to be located within a
building or buildings with a total size not to
exceed 3,750 square feet, subject to LCC 932.400
to 932.40.
(3) Sign painting and repair to be located
within a building or buildings with a total size not
to exceed 3,750 square feet.
(4) Utility facilities necessary for public
service.
(5) Public and semi-public buildings and
uses to be located within a building or buildings
with a total size not to exceed 3,750 square feet
The size limitation does not apply to fire stations,
utility substations, schools or churches.
(6) Staging area, subject to LCC 932.700
to 932.770.
(7) Accessory structures for uses
permitted conditionally, subject to applicable
building size limitations.
(8) Radio and transmission facility to be
located within a building or buildings with a total
size not to exceed 3,750 square feet.
(9) Parks. Office and customer retail
support services must be located within a building
or buildings with a total size not to exceed 3,750
square feet.
(10) Alteration, restoration, or
replacement of a lawfully established dwelling
requiring that the Director make a decision based
on a review of information not limited to the
development permit application.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?10 eff 6/30/99]
VI. RURAL CENTER (RCT) ZONING DISTRICT
929.510 Statement of purpose
(A)  The purpose of the Rural Center (RCT)
zoning district shall be to recognize existing
development in unincorporated rural communities
identified as rural centers in the Comprehensive
Plan and to provide for orderly development of
rural centers.
(B)  The RCT zoning district is intended to
ensure development at densities that will not
require urban services.
(C)  The RCT zoning district is composed of
three zoning districts (RCT?1, RCT?2?, and
RCT?5) which are distinguished only by property
size standards.
[Adopted 98-002 ?3 eff 3/4/98]
929.520 RCT uses allowed outright
(A)  All principle uses set forth in subsection
(B) of this section, excluding manufactured
dwellings used as storage buildings, and uses
929 - 10 LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE (Latest rev. March 31, 2004 )
Run time: May 7, 2004 (10:30am) Amendment
accessory to those principle uses are allowed
outright in the RCT zoning district.
(B)  Uses allowed outright.
(1) One single-family dwelling or one
manufactured dwelling per authorized unit of
land.
(2) Limited farm use.
(3) Cultivation, management, protection,
and harvest of forest crops but excluding timber
processing operations or maintenance and repair
facilities for timber vehicles or equipment.
(4) Buildings not to exceed 300 square
feet in gross sales area for the sale of agricultural
products grown or raised on the premises.
(5) Expansion of a church, public or
private school, or community center owned or
operated by a governmental agency or private
nonprofit community organization which has been
lawfully established on an authorized unit of land,
provided such expansion does not exceed 50
percent of the gross floor area of the structure or
2,000 square feet, whichever is greater.
(6) Residential home.
(7) Family day care provider.
(8) Transportation improvements.
[Adopted 98-002 ?3 eff 3/4/98]
929.530 RCT uses permitted through a Type
IIA conditional use review
(A)  All principle uses set forth in subsection
(B) of this section, excluding manufactured
dwellings used as storage buildings, and uses
accessory to those principle uses may be permitted
in the RCT zoning district through a Type IIA
procedure subject to the decision criteria in LCC
933.200 and 933.220.
(B)  Uses permitted through conditional use
review.
(1) One medical hardship dwelling,
subject to LCC 932.860 to 932.895.
(2) Accessory structures for uses
permitted conditionally.
(3) Home occupations, subject to LCC
932.830 to 932.845.
(4) Expanded animal husbandry
including the raising, tending, pasturing or
breeding of pigs or fur bearing animals provided
that such activities are not a part of, or conducted
in conjunction with any livestock sales yard,
slaughter house or animal by-products business.
(5) Temporary facilities for the primary
processing of forest products.
(6) The breeding, boarding and training
of horses for profit.
(7) Radio or television stations,
transmitters, receivers, and towers.
(8) Utility facilities necessary for public
service.
(9) Public and semi-public buildings and
uses.
(10) Farm product receiving plants,
including wineries but excluding canneries and
frozen food processing.
(11) Storage, distribution, or sale of feed,
fertilizer, seed, chemicals or other products used
for commercial agricultural or timber production.
(12) Infilling an existing manufactured
dwelling park subject to LCC 932.600 to 932.680.
(13) Staging areas.
(14) The following are small-scale
commercial uses not to exceed 2,000 square feet
in total floor area allowed in RCT zoning districts.
(a)  Grocery store.
(b)  Laundromat.
(c)  Barber or beauty shop.
(d)  Garden center, nursery
(greenhouses not included in building size
standard).
(e)  Arts and crafts sales and
production.
(f)  Restaurant.
(g)  Bar, tavern.
(h)  General store. 
(15) Public or private schools.
(16) Churches.
(17) Parks, playgrounds, hunting and
fishing preserves, and community centers.
(18) Golf course.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?10 eff 6/30/99]
(Latest rev. March 31, 2004 ) LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE 929 - 11
Amendment Run time: May 7, 2004 (10:30:21am)
VII. RURAL RESIDENTIAL (RR) ZONING
DISTRICT
929.610 Statement of purpose
(A)  The purpose of the Rural Residential
(RR) zoning district shall be:
(1) to provide areas suitable for rural
residential development thus preserving land of
higher productivity for agricultural and forest
resource use;
(2) to provide for limited agricultural and
forest uses where appropriate; and
(3) to preserve and maintain the rural
character of areas designated for such acreage
homesites.
(B)  The RR zoning district is also intended
to ensure development at densities that will not
require urban services.
(C)  The RR zoning district is composed of
four zoning districts which are distinguished only
by minimum property size standards.
(D)  One residential zoning district is not
interchangeable with another residential zoning
district without approval through the procedural
processes described in LCC 921.800 to 921.840
and the rural residential land policies in the
Comprehensive Plan.
[Adopted 98-002 ?3 eff 3/4/98]
929.620 RR uses allowed outright
(A)  All principle uses set forth in subsection
(B) of this section, excluding manufactured
dwellings used as storage buildings, and uses
accessory to those principle uses are allowed
outright in the RR zoning district.
(B)  Uses allowed outright.
(1) One single-family dwelling or one
manufactured dwelling per authorized units of
land.
(2) Limited farm use.
(3) Cultivation, management, protection
or harvest of forest crops but excluding timber
processing operations or maintenance and repair
facilities for timber vehicles or equipment.
(4) A building for the sale of agricultural
products grown or raised on the premises. The
building is not to exceed 300 square feet in gross
sales area.
(5) Expansion of a church, public or
private school or community center owned or
operated by a governmental agency or private,
nonprofit, community organization which has
been lawfully established on a authorized units of
land, provided such expansion does not exceed 50
percent of the gross floor area of the structure or
2,000 square feet, whichever is greater.
(6) Residential home.
(7) Family day care provider.
(8) Transportation improvements.
[Adopted 98-002 ?3 eff 3/4/98]
929.630 RR uses permitted through a
Type IIA conditional use review
(A)  All principle uses set forth in subsection
(B) of this section, excluding manufactured
dwellings used as storage buildings, and uses
accessory to those principle uses may be permitted
in the RR zoning district through a Type IIA
procedure and the decision criteria in LCC
933.200 and 933.220.
(B)  Uses permitted through conditional use
review.
(1) One medical hardship dwelling,
subject to LCC 932.860 to 932.895.
(2) Accessory structures and uses for
uses permitted conditionally.
(3) Home occupations, subject to LCC
932.830 to 932.845.
(4) Temporary facilities for the primary
processing of forest products.
(5) The breeding, boarding and training
of horses for profit.
(6) Cemeteries.
(7) Expanded animal husbandry
including the raising, tending, pasturing or
breeding of pigs or fur-bearing animals provided
that such activities are not a part of, or conducted
in conjunction with, any livestock sales yard,
slaughter house or animal by-products business.
(8) Public and semi-public buildings and
uses.
929 - 12 LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE (Latest rev. March 31, 2004 )
Run time: May 7, 2004 (10:30am) Amendment
(9) Utility facilities necessary for public
service.
(10) Radio, television or telephone
transmission or receiving facilities, but excluding
transmission stations.
(11) Small-scale, commercial uses not to
exceed 2,000 square feet in total floor area
including, but not limited to, grocery stores,
laundromats, general stores, retail nurseries and
agricultural product sales buildings, excluding
livestock sales and auction yards.
(12) Infilling an existing manufactured
dwelling park subject to LCC 932.600 to 932.680.
(13) Public or private schools.
(14) Churches.
(15) Parks, playgrounds, hunting and
fishing preserves.
(16) Community centers owned and
operated by a governmental agency or a nonprofit,
community organization.
(17) Golf courses.
(18) Personal-use airports. (See
personal-use airports in LCC 920.100 for
exceptions).
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?10 eff 6/30/99]
VIII. URBAN DEVELOPMENT (UD?I) ZONING
DISTRICT
929.710 Statement of purpose
(A)  The purpose of the Urban Development
(UD?I) zoning district is to recognize sites which
are developed with urban types of
commercial/industrial uses.
(B)  The Urban Development?I (UD?I)
zoning district may only be applied to those
Highway 34 sites which have been approved
through a Goal 14 developed or committed
exception.
(C)  It is the intent of the UD?I zoning district
to permit the continuation and expansion of
existing uses and their replacement with similar
uses.
(D)  The UD?I zoning district is applied to
specific sites identified in the Comprehensive
Plan.
(E)  The UD?I zoning district and the UD?II
zoning district s are not interchangeable; the
respective UD zoning district can only be applied
to an urban exception which is developed with the
uses described in that zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
929.720 UD?I uses allowed outright
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses are allowed outright in the UD?I
zoning district provided all such uses, other than
off-road parking and other activities which by
necessity must be conducted in the open, are to be
conducted entirely within an enclosed building.
(B)  Uses allowed outright.
(1) Professional and business offices.
(2) Agricultural related uses such as:
(a)  Agricultural supply store.
(b)  Warehouses for agricultural
products.
(c)  Wholesale distribution or sales
facilities.
(d)  Commercial activity in
conjunction with a farm use.
(3) Warehousing and distribution of
durable and non-durable goods.
(4) Manufacturing or repair involving.
(a)  Metal.
(b)  Wood.
(c)  Plastic.
(5) Research laboratories.
(6) Manufacture or repair of scientific,
precision or electronic instruments.
(7) Automotive repair, including the
sales of parts as a secondary use.
(8) Commercial sales and services
integral to a use allowed in this section.
(9) Utility facility necessary for public
service.
(10) Alteration, expansion or
replacement of a lawfully established dwelling on
(Latest rev. March 31, 2004 ) LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE 929 - 13
Amendment Run time: May 7, 2004 (10:30:21am)
an authorized unit of land prior to the
establishment of the UD?1 zoning district.
(11) Transportation improvements
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?10 eff 6/30/99]
929.730 UD?I uses permitted through a Type
IIA conditional use review
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses are permitted in the UD?I zoning
district through a Type IIA procedure and the
decision criteria in LCC 933.200 and 933.220.
(B)  Uses permitted through conditional use
review.
(1) One caretaker residence for a use
permitted in LCC 929.720, subject to LCC
932.800 to 932.815
(2) Accessory structures for uses
permitted conditionally.
(3) Public and semi-public buildings and
uses.
(4) Staging area, subject to LCC 932.700
to 932.770.
(5) Alteration, restoration, or
replacement of a lawfully established dwelling
requiring that the Director make a decision based
on a review of information not limited to the
development permit application.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?10 eff 6/30/99]
IX. URBAN DEVELOPMENT (UD?II) ZONING
DISTRICT
929.810 Statement of purpose
(A)  The purpose of the Urban Development
(UD?II) zoning district is to recognize sites which
are developed with urban types of
commercial/industrial uses.
(B)  The Urban Development?II (UD?II)
zoning district may only be applied to those
Highway 34 sites which have been approved
through a Goal 14 developed or committed
exception.
(C)  The UD?II zoning district is applied to
larger developed and committed areas which have
several urban uses.
(D)  It is the intent of the UD?II zoning
district to permit the continuation and expansion
of existing uses and their replacement with similar
uses.
(E)  The UD?II zoning district is applied to
specific sites identified in the Comprehensive
Plan.
(F)  The UD?I zoning district and the UD?II
zoning district s are not interchangeable; the
respective UD zoning district can only be applied
to an urban exception which is developed with the
uses described in that zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
929.820 UD?II uses allowed outright
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses are allowed outright in the UD?II
zoning district provided all such uses, other than
off-road parking and other activities which by
necessity must be conducted in the open, are to be
conducted entirely within an enclosed building.
(B)  Uses allowed outright.
(1) Agricultural related uses such as:
(a)  Implement dealer.
(b)  Equipment storage and repair.
(c)  Agricultural supply store.
(d)  Warehouses for agricultural
products.
(e)  Wholesale distribution or sales
facilities.
(f)  Receiving station.
(g)  Commercial activity in
conjunction with a farm use.
(2) Uses related to the forest industry
such as:
(a)  Equipment repair and storage.
(b)  Processing of milled lumber into
building materials.
(c)  Logging and wood
manufacturing supply store.
(d)  Lumber and building material
sales.
(3) Construction and contractor uses such
as:
929 - 14 LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE (Latest rev. March 31, 2004 )
Run time: May 7, 2004 (10:30am) Amendment
(a)  Construction or contractor
equipment storage yard.
(b)  Welding, sheet metal or machine
shop.
(c)  Cabinet shop.
(d)  Sign painting, sale, repair or
manufacture.
(e)  Equipment repair.
(4) Transportation, storage and
distribution uses such as:
(a)  Fuel distribution and storage.
(b)  Self-service storage facility.
(5) Sales, service and repair of
manufactured dwellings, recreational vehicles,
campers, trailers and boats.
(6) Automobile and truck services such
as:
(a)  Repair.
(b)  Painting.
(7) Commercial retail sales and services
integral to a use allowed in this section.
(8) Utility facility necessary for public
service.
(9) Alteration, expansion or replacement
of a lawfully established dwelling on a authorized
unit of land prior to the establishment of the
UD?II zoning district.
(10) Garden shop, retail nursery.
(11) Limited farm use.
(12) Transportation improvements.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?10 eff 6/30/99]
929.830 UD?II uses permitted through a Type
IIA conditional use review
(A)  All principle uses set forth in subsection
(B) of this section and uses accessory to those
principle uses are permitted in the UD?II zoning
district through a Type IIA procedure and the
decision criteria in LCC 933.200 and 933.220.
(B)  Uses permitted through conditional use
review.
(1) One caretaker residence for a use
permitted in LCC 929.820, subject to LCC
932.800 to 932.815.
(2) Accessory structures for uses
permitted conditionally.
(3) Public and semi-public buildings and
uses.
(4) Staging area, subject to LCC 932.700
to 932.770.
(5) Alteration, restoration, or
replacement of a lawfully established dwelling
requiring that the Director make a decision based
on a review of information not limited to the
development permit application.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?10 eff 6/30/99]
X. NON-RESOURCE (NR) ZONING DISTRICT 
929.910 Statement of purpose
(A)  The purpose of the Non-resource (NR)
zoning district shall be:
(1) To implement the Non-resource Plan
designation.
(2) To permit low-density residential
development in suitable locations while reducing
potential conflicts with agriculture and forestry.
(B)  The NR zoning district is composed of
two zoning districts which are distinguished only
by minimum property size standards.
(C)  One non-resource zoning district is not
interchangeable with another non-resource zoning
district without approval through the procedural
processes described in LCC 921.800 to 921.840
and the non-resource land policies in the
Comprehensive Plan.
[Adopted04-043 ?2 eff 4/28/04]
929.920 Non-resource uses allowed outright
(A)  All principle uses set forth in subsection
(B) of this section, excluding manufactured
dwellings used as storage buildings, and uses
accessory to those principle uses are allowed
outright in the NR zoning district.
(B)  Uses allowed outright
(1) One single-family dwelling or one
manufactured dwelling per authorized unit of
land.
(2) Family day care provider.
(3) Residential home.
(4) Farm use.
(5) A building for the sale of agricultural
products grown or raised on the premises.  The
(Latest rev. March 31, 2004 ) LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE 929 - 15
Amendment Run time: May 7, 2004 (10:30:21am)
building shall not exceed 300 square feet in gross
sales area.
(6) Cultivation, management, protection
or harvest of forest crops but excluding timber
processing operations or maintenance and repair
facilities for timber vehicles or equipment.
(7) Transportation improvements.
[Adopted04-043 ?2 eff 4/28/04]
929.930 Non-resource uses permitted through
a Type IIA conditional use review
(A)  All principle uses set forth in subsection
(B) of this section, excluding manufactured
dwellings used as storage buildings, and uses
accessory to those principle uses may be permitted
in the NR zoning district through a Type IIA
procedure and the decision criteria in LCC
933.200 and 933.220.
(B)  Uses permitted through conditional use
review.
(1) One medical hardship dwelling,
subject to LCC 932.860 to 932.895.
(2) Accessory structures and uses for
uses permitted conditionally.
(3) Home occupations, subject to LCC
932.830 to 932.845.
(4) Temporary facilities for the primary
processing of forest products.
(5) Cemeteries.
(6) Public and semi-public buildings and
uses.
(7) Utility facilities necessary for public
service.
(8) Radio, television or telephone
transmission or receiving facilities, but excluding
transmission stations.
[Adopted04-043 ?2 eff 4/28/04]
Statutory References and Authorities:
ORS 197; 203; 215
Legislative History of Chapter 929:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 98-432 eff 10/21/98
#2 99-121 ?10 eff 6/30/99
#3 04-056 ?1 eff 3/31/04
#4 04-043 ?2 eff 4/28/04
929 - 16 LINN COUNTY ? RURAL DEVELOPMENT ZONE CODE (Latest rev. March 31, 2004 )
Run time: May 7, 2004 (10:30am) Amendment
[This page is intentionally blank]
(Latest rev. June 30, 1999) LINN COUNTY ? URBAN GROWTH AREA ZONE CODE 930 - 1
Distribution Run time: April 4, 2003 (1:00:00pm)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 3 ? Zoning Districts
CHAPTER 930
URBAN GROWTH AREA ZONE CODE
TABLE OF CONTENTS
   Section Title
   930.005 Title; short title
   930.010 Compliance requirements
I. URBAN GROWTH AREA?EXCLUSIVE FARM
USE?80 (UGA?EFU?80) ZONING DISTRICT
   930.100 Statement of purpose
   930.120 UGA?EFU?80 uses
   930.130 Decision criteria
II. URBAN GROWTH AREA?FARM/FOREST
(UGA?F/F)
   930.200 Statement of purpose
   930.210 UGA?F/F uses
   930.220 Decision criteria
III. URBAN GROWTH AREA?HEAVY INDUSTRIAL
(UGA?HI) ZONING DISTRICT
   930.300 Statement of purpose
   930.310 UGA?HI uses allowed outright
   930.320 UGA?HI uses permitted through an Type IIA
conditional use review
IV. URBAN GROWTH AREA?LIMITED INDUSTRIAL
(UGA?LI) ZONING DISTRICT
   930.400 Statement of purpose
   930.410 UGA?LI uses allowed outright
   930.420 UGA?LI uses permitted through Type IIA
conditional use review
V. URBAN GROWTH AREA?RURAL COMMERCIAL
(UGA?RCM) ZONING DISTRICT
   930.500 Statement of purpose and implementation
   930.510 UGA?RCM uses
   930.520 Decision criteria
VI. URBAN GROWTH AREA?RURAL RESIDENTIAL
(UGA?RR) ZONING DISTRICT
   930.600 Statement of purpose
   930.610 UGA?RR uses allowed outright
   930.620 UGA?RR uses permitted through a Type IIA
conditional use review
   930.630 Decision criteria
VII. URBAN GROWTH AREA?URBAN GROWTH
MANAGEMENT (UGA?UGM) ZONING DISTRICTS
   930.700 Statement of purpose
   930.710 UGA?UGM uses allowed outright
   930.720 UGA?UGM uses permitted through a Type IIA
conditional use review
   930.730 Decision criteria
Statutory References and Other Authorities
Legislative History of Chapter 930
930.005 Title; short title
This Chapter, LCC 930.005 to 930.000, shall
be known and cited as the ?Linn County Urban
Growth Area Zone Code.? This Chapter may also
be referred to and cited as the ?Urban Growth
Area Zone Code.?
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?11 eff 6/30/99]
930.010 Compliance requirements
(A)  Notwithstanding the presence or absence
of any conditions, requirements, standards, or
criteria with any use mentioned in this Chapter, all
uses remain subject to any applicable conditions,
requirements, standards, or criteria that may be set
forth in other Chapters of the Land Development
Code.
930 - 2 LINN COUNTY ? URBAN GROWTH AREA ZONE CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (1:00:00pm) Distribution
(B) The conditions, requirements, standards,
and criteria are set forth generally in the following
Chapters:
(1) Decision criteria .........Chaps 932, 933
(2) Conditions ................ Chapter 933
(3) Requirements ............. Chapter 933
(4) Standards
(a)  Property ............. Chapter 934
(b)  Access .............. Chapter 935
(C)  The conditional uses set forth in this
Chapter are subject to approval pursuant to meet-
ing the applicable requirements and decision
criteria in LCC Chapter 933 (Conditions, Require-
ments, and Decision Criteria Code).
(D)  Development of all properties in the
Urban Growth Area Zone must comply with:
(1) the development standards set forth in
LCC Chapter 934 (Development Standards Code),
specifically 934.710 to 934.790; and
(2) Except as provided in LCC 924.100
(B), the access improvement standards set forth in
LCC Chapter 935 are applicable to all principal
and accessory uses permitted in the UGAZ.
(E) Development of any property in the
UGAZ may have one or more conditions imposed
on the permit.
[Adopted 98-002 ?3 eff 3/4/98]
I. URBAN GROWTH AREA?EXCLUSIVE
FARM USE?80 (UGA?EFU?80) ZONING
DISTRICT
930.100 Statement of purpose
The 80-acre minimum parcel size of the
Urban Growth Area?Exclusive Farm Use?80
(UGA?EFU?80) zoning district, is designed to
protect areas adjacent to urban centers from the
type and intensity of land division or development
that would impede future urbanization of the area.
[Adopted 98-002 ?3 eff 3/4/98]
930.120 UGA?EFU?80 uses
(A)  The uses allowed outright in the EFU
zoning district, excluding primary dwellings, are
allowed outright in the UGA?EFU?80 zoning
district.
(B) The uses permitted conditionally in the
EFU, excluding primary dwellings, are permitted
conditionally in the UGA?EFU?80 zoning dis-
trict.
[Adopted 98-002 ?3 eff 3/4/98]
930.130 Decision criteria
(A)   Until annexation, the uses, minimum
parcel size and development of land within an
UGA?EFU?80 zoning district shall be consistent
with the Comprehensive Plan designation of the
affected city.
(B)  All conditional uses in LCC 930.110 (B),
will be subject to the review procedures estab-
lished by LCC Chapter 921 (Administration of the
Development Code), pursuant to decision criteria
in LCC 933.250 to 933.260 and to review by the
affected city to ensure compliance and compatibil-
ity with the city?s comprehensive plan, future city
zoning designations and future city plans for
provision of urban services to the area.
(c)  Compliance with the city comprehensive
plans is vital due to the importance of the UGA?
EFU?80 zoning district to future city expansion
and urbanization.
(D)  Additional conditions or restrictions may
be applied in accordance with County/City urban
growth management agreement between the
affected city and the County.
[Adopted 98-002 ?3 eff 3/4/98]
II. URBAN GROWTH AREA?FARM/FOR-
EST (UGA?F/F)
930.200 Statement of purpose
The Urban Growth Area Farm/Forest zoning
district (UGA?F/F) is designed to protect areas
adjacent to urban centers from the type and inten-
sity of land division or development that would
impede future urbanization of the area.
[Adopted 98-002 ?3 eff 3/4/98]
930.210 UGA?F/F uses
(A)  The uses allowed outright in the UGA?
F/F zoning district are allowed outright in the
UGA?EFU?80 zoning district.
(Latest rev. June 30, 1999) LINN COUNTY ? URBAN GROWTH AREA ZONE CODE 930 - 3
Distribution Run time: April 4, 2003 (1:00:00pm)
(B) The uses permitted conditionally in the
UGA?F/F are permitted conditionally in the
UGA?EFU?80 zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
930.220 Decision criteria
(A)  Until annexation by the city, the uses,
minimum parcel size and development of land
with an UGA?F/F zoning district shall be consis-
tent with the Comprehensive Plan designation of
the affected city.
(B)  All conditional uses will be subject to the
review procedures established in LCC Chapter
921 (Administration of the Development Code),
pursuant to the decision criteria in LCC 933.250
to 933.260 and to review by the affected city to
ensure compliance and compatibility with the
city?s comprehensive plan, future city zoning
designations and future city plans for provision of
urban services to the area.
(C)  Compliance with the city comprehensive
plans is vital due to the importance of the UGA?
F/F zoning district to future city expansion and
urbanization.
(D)  Additional conditions or restrictions may
be applied in accordance with County/City urban
growth management agreement between the
affected city and the County.
[Adopted 98-002 ?3 eff 3/4/98]
III. URBAN GROWTH AREA?HEAVY IN-
DUSTRIAL (UGA?HI) ZONING DISTRICT
930.300 Statement of purpose
(A)  The purpose of the Urban Growth
Area?Heavy Industrial (UGA?HI) zoning dis-
trict is to provide areas appropriate for heavy
industrial development which does not require
full urban services.
(B)  The designation allows manufacturing
and related businesses which have the potential
for conflicts with surrounding land uses.
[Adopted 98-002 ?3 eff 3/4/98]
930.310 UGA?HI uses allowed outright
Any use allowed in LCC 930.410.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
930.320 UGA?HI uses permitted through an
Type IIA conditional use review
(a)  The uses set forth in this section,
including principal and accessory buildings,
may be permitted in the UGA?HI zoning district
subject to a Type IIA conditional use permit re-
view process, if the decision criteria in LCC
933.250 to 933.260 are met.
(B)  Additional conditions or restrictions
may be applied in accordance with the County/
City urban growth management agreement be-
tween the affected city and the County.
(C)  Uses permitted through conditional
review.
(1) Any use permitted in LCC 930.420.
(2) The manufacturing, compounding,
processing, assembling, packaging, treatment or
fabrication of products conducted fully or par-
tially outside.
(3) Commercial retail sales/services
integral to a use permitted in paragraph (1) of
this subsection.
(4) One caretaker residence for a use
permitted in LCC 930.430, subject to LCC
932.800 to 932.815.
(5) Slaughterhouses or rendering
plants.
(6) Solid waste disposal sites, subject
to LCC 932.500 to 932.580.
(7) Utility or energy-generating facili-
ties.
(8) Fuel distribution facility.
(9) Storage of highly combustible, cor-
rosive, toxic or explosive materials.
(10) Wrecking yard or junkyard.
(11) Staging areas, subject to LCC
932.700 to 932.770.
(12)  Public-use airports.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
930 - 4 LINN COUNTY ? URBAN GROWTH AREA ZONE CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (1:00:00pm) Distribution
IV. URBAN GROWTH AREA?LIMITED
INDUSTRIAL (UGA?LI) ZONING DIS-
TRICT
930.400 Statement of purpose
(A)  The purpose of the Urban Growth
Area?Limited Industrial (UGA?LI) zoning dis-
trict is to provide areas appropriate for limited
industrial development which do not require full
urban services.
(B)  The designation allows manufacturing
and related businesses with limited external im-
pacts and limited potential for conflicts with
surrounding land uses.
[Adopted 98-002 ?3 eff 3/4/98]
930.410 UGA?LI uses allowed outright
(A)  The uses set forth in subsection (B) are
allowed outright in the UGA?LI zoning district.
(B)  Uses allowed outright.
(1) Limited farm use.
(2) The managing and harvesting of
forest resources but excluding primary timber
processing.
(3) An existing site-built dwelling law-
fully established on an authorized unit of land
may be altered, expanded, or replaced with
(a)  another site-built, or
(b)  a manufactured home subject
to LCC 934.790.
(4) An existing manufactured dwelling
lawfully established on an authorized unit of
land may be altered, expanded, or replaced with
a manufactured home subject to LCC 934.790.
(5) Sales stand not to exceed 300
square feet in sales area for agricultural products
cultivated or raised on the premises.
(6) Accessory structures and uses.
[Adopted 98-002 ?3 eff 3/4/98]
930.420 UGA?LI uses permitted through
Type IIA conditional use review
(A)  The uses set forth in subsection (D),
including principal and accessory buildings,
may be permitted in the UGA?LI zoning district
subject to a Type IIA conditional use permit re-
view process, if the decision criteria in LCC
933.260 are met.
(B)  The operations of all uses permitted by
this section are to be conducted entirely within
an enclosed building except for storage of in-
ventory and temporary activities which by ne-
cessity must be conducted in the open.
(C)  The uses permitted by subsection (D)
are subject to conditions or restrictions that may
be applied in accordance with County/City ur-
ban growth management agreements.
(D)  Uses permitted through conditional
review.
(1) The manufacturing, compounding,
processing, assembling, packaging, treatment or
fabrication of products conducted wholly
indoors and excluding slaughterhouses, render-
ing plants and canneries.
(2) General laboratories or research
facilities.
(3) Retail sales or services integral to
uses permitted in paragraphs (1) or (2) of this
subsection.
(4) Warehousing or storage buildings
including ?mini-storage? facilities.
(5) Wholesale distribution facilities.
(6) Gas stations.
(7) Sales, rental, storage or repair (in-
cluding paint and body shops) of motorized ve-
hicles or boats.
(8) Sales, rental, storage or repair of
agricultural equipment or heavy equipment.
(9) Lumber or other building material
sales yard, either wholesale or retail.
(10) Nurseries, either wholesale or re-
tail.
(11) Offices, shops or storage associ-
ated with contracting or professional services.
(12)One caretaker residence for a use
permitted in this section, subject to LCC
932.800 to 932.815.
(13) Truck, train, bus or freight termi-
nals.
(Latest rev. June 30, 1999) LINN COUNTY ? URBAN GROWTH AREA ZONE CODE 930 - 5
Distribution Run time: April 4, 2003 (1:00:00pm)
(14) Communication or utility facilities
except facilities for power generation and trans-
mission towers.
(15) Public and semi-public buildings
and uses.
(16) Auction houses and flea markets.
(17) Veterinarian clinics.
(18) Personal use airports. (See
personal-use airports in LCC 920.100 for ex-
ceptions)
(19)  Public-use airports.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
V. URBAN GROWTH AREA?RURAL
COMMERCIAL (UGA?RCM) ZONING
DISTRICT
930.500 Statement of purpose and implemen-
tation
(A)  The Urban Growth Area?Rural Com-
mercial (UGA?RCM) zoning district is designed
to protect areas adjacent to urban centers from
the type and intensity of land division or devel-
opment that would impede future urbanization
of the area.
(B)  Until annexation, the uses, minimum
property size and development of land within an
UGA?RCM zoning district shall be consistent
with the Comprehensive Plan designation of the
affected city.
930.510 UGA?RCM uses
(A)  The uses set forth in LCC 929.420 are
allowed outright in the UGA?RCM.
(B)  The uses permitted in LCC 929.430 are
permitted in the UGA?RCM.
[Adopted 98-002 ?3 eff 3/4/98]
930.520 Decision criteria
(A)  All conditional uses set forth in LCC
930.510 (B) will be subject to the review proce-
dures established in LCC Chapter 921 (Admin-
istration of the Development Code) pursuant to
decision criteria in LCC 933.250 to 933.260.
(B)  The use will also be reviewed by the
affected city to ensure compliance and compati-
bility with the city?s comprehensive plan, future
city zoning designations and future city plans for
provision of urban services to the area.
(C)  Compliance with the city comprehen-
sive plans is vital due to the importance of the
UGA?RCM zoning district to future city expan-
sion and urbanization.
(D)  Additional conditions or restrictions
may be applied in accordance with the County/
City urban growth management agreement be-
tween the affected city and the County.
[Adopted 98-002 ?3 eff 3/4/98]
VI. URBAN GROWTH AREA?RURAL
RESIDENTIAL (UGA?RR) ZONING DIS-
TRICT
930.600 Statement of purpose
(A)  The purpose of the Urban Growth
Area?Rural Residential (UGA?RR) zoning dis-
trict shall be to provide for residential develop-
ment within adopted urban growth boundaries
and to allow for limited agricultural and forest
uses where appropriate.
(B)  The UGA?RR zoning district is com-
posed of three zoning districts (UGA?RR?1,
UGA?RR?2? and UGA?RR?5) which are dis-
tinguished only by property size standards.
(C)  One density UGA?RR zoning district
is not interchangeable with another density
UGA?RR zoning district without prior review
and approval by the affected city and Linn
County.
[Adopted 98-002 ?3 eff 3/4/98]
930.610 UGA?RR uses allowed outright
(A)  The uses set forth in subsection (B)
and their accessory buildings and uses, exclud-
ing manufactured structures used as storage
buildings, are allowed outright in the UGA?RR
zoning district.
(B)  Use allowed outright.
930 - 6 LINN COUNTY ? URBAN GROWTH AREA ZONE CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (1:00:00pm) Distribution
(1) One single-family dwelling or one
manufactured home per authorized unit of land,
subject to LCC 934.790.
(2) Limited farm use.
(3) Cultivation, management, protec-
tion, and harvest of forest crops but excluding
timber processing operations or maintenance
and repair facilities for timber vehicles or equip-
ment.
(4) Buildings not to exceed 300 square
feet in gross sales area for the sale of agricul-
tural products grown or raised on the premises.
(5) Expansion of a church, public or
private school, or community center owned or
operated by a governmental agency or private
nonprofit community organization which has
been lawfully established on an authorized unit
of land, provided such expansion does not ex-
ceed 50 percent of the gross floor area of the
structure or 2,000 square feet, whichever is
greater.
(6) Residential home.
(7) Family day care provider.
[Adopted 98-002 ?3 eff 3/4/98]
930.620 UGA?RR uses permitted through a
Type IIA conditional use review
(A)  The uses set forth in subsection (B)
and their accessory buildings and uses, exclud-
ing manufactured structures used as storage
buildings, may be permitted in the UGA?RR
through a Type IIA procedure, if the decision
criteria in LCC 933.250 to 933.260 for a condi-
tional use review, and other provisions, as ap-
propriate, are met.
(B) Uses permitted through conditional re-
view.
(1) One medical hardship dwelling,
subject to LCC 932.860 to 932.895.
(2) Home occupations, subject to LCC
932.800 to 932.815.
(3) Temporary facilities for the primary
processing of forest products.
(4) The breeding, boarding and training
of horses for profit.
(5) Cemeteries.
(6) Public and semi-public buildings
and uses.
(7) Utility facilities necessary for pub-
lic service.
(8) Radio, television or telephone
transmission or receiving facilities, but exclud-
ing transmission stations.
(9) Infilling an existing manufactured
dwelling park subject to LCC 932.600 to
932.680.
(10) Public or private schools.
(11) Churches.
(12) Parks, playgrounds, hunting and
fishing preserves.
(13) Community centers owned and
operated by a governmental agency or a non-
profit community organization.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?11 eff 6/30/99]
930.630 Decision criteria
(A)  All conditional uses will be subject to
the review by the affected city to ensure compli-
ance and compatibility with the city?s compre-
hensive plan, future city zoning designations
and future city plans for provision of urban ser-
vices to the area.
(B)  Compliance with the city comprehen-
sive plans is vital due to the importance of the
UGA?RR zoning district to future city expan-
sion and urbanization.
(C)  Additional conditions or restrictions
may be applied in accordance with the County/
City urban growth management agreement be-
tween the affected city and the County.
[Adopted 98-002 ?3 eff 3/4/98]
(Latest rev. June 30, 1999) LINN COUNTY ? URBAN GROWTH AREA ZONE CODE 930 - 7
Distribution Run time: April 4, 2003 (1:00:00pm)
VII. URBAN GROWTH AREA?URBAN
GROWTH MANAGEMENT (UGA?UGM)
ZONING DISTRICTS
930.700 Statement of purpose
(A)  The Urban Growth Area?Urban
Growth Management (UGA?UGM) zoning dis-
trict s are designated zoning district within an
urban growth area (UGA).
(B)  The intention of the zoning district is to
protect the UGA land for future urban density
development.
(C)  UGA?UGM zoning allows limited
low-density and moderate-scale uses until more
intensive urban-scale land use activity occurs in
conjunction with city annexation or delayed an-
nexation.
(D)  The UGA?UGM zoning district is
composed of four zoning districts (UGM?2?,
UGM?5, UGM?10, and UGM?20) which are
distinguished only by their property size stan-
dards.
(E)  The density of one UGA?UGM zoning
district is not interchangeable with the density of
another UGA?UGM zoning district without
prior review and approval by the affected city
and Linn County.
[Adopted 98-002 ?3 eff 3/4/98]
930.710 UGA?UGM uses allowed outright
(A)  The uses set forth in subsection (B),
excluding manufactured structures used as stor-
age buildings, are allowed outright in the UGA?
UGM zoning district.
(B)  Uses allowed outright.
(1) Limited farm use.
(2) The managing and harvesting of
forest resources but excluding primary timber
processing.
(3) An existing site-built dwelling law-
fully established on an authorized unit of land
may be altered, expanded, or replaced with
(a)  another site-built, or
(b)  a manufactured home subject
to LCC 934.790.
(4) An existing manufactured dwelling
lawfully established on an authorized unit of
land may be altered, expanded, or replaced with
a manufactured home subject to LCC 934.790.
(5) Sales stand not to exceed 300
square feet in sales area for agricultural products
cultivated or raised on the premises.
(6) Accessory structures and uses, ex-
cept for manufactured dwellings used as storage
buildings.
(7) Family day care provider.
[Adopted 98-002 ?3 eff 3/4/98]
930.720 UGA?UGM uses permitted through
a Type IIA conditional use review
(A)  The uses set forth in this section, in-
cluding principal and accessory buildings, may
be permitted in the UGA?UGM zoning district
subject through a Type IIA conditional use per-
mit review process, if the decision criteria in
LCC 933.250 to 933.260, and other provisions,
as appropriate, are met.
(B)  Uses permitted through conditional
review.
(1) One, single-family site-built dwell-
ing or manufactured home, subject to LCC
934.790, located on an authorized unit of land
and within an area designated for future residen-
tial development in the city?s comprehensive
plan.
(2)  One medical hardship dwelling,
subject to LCC 932.860 to 932.895.
(3) Public and semi-public buildings
and uses.
(4) Expansion of lawfully established
public or semi-public buildings or uses, pro-
vided the expansion does not exceed 50 percent
of the gross floor area of the structure or 2,000
square feet, whichever is greater.
(5) Residential home provided that the
residence will be located within an area desig-
930 - 8 LINN COUNTY ? URBAN GROWTH AREA ZONE CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (1:00:00pm) Distribution
nated for future residential or commercial devel-
opment in the city?s comprehensive plan
(6) Home occupations, subject to LCC
932.800 to 932.815.
(7) Communication or utility facilities
except facilities for power generation and trans-
mission towers.
(8) Alteration, restoration, or replace-
ment of a lawfully established dwelling requir-
ing that the Director make a decision based on a
review of information not limited to the devel-
opment permit application.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?11 eff 6/30/99]
930.730 Decision criteria
(A)  Additional conditions or restrictions
may be applied in accordance with County/City
urban growth management agreements between
the cities and the County.
(B)  All conditional uses will be subject to
review by the affected city to ensure compliance
and compatibility with the affected city?s
comprehensive plan, future city zoning designa-
tions and future city plans for provision of urban
services to the area.
(C)  Compliance with the city comprehen-
sive plan is vital due to the importance of the
UGA?UGM zoning district to future city expan-
sion and urbanization.
[Adopted 98-002 ?3 eff 3/4/98]
Statutory References and Other Authorities:
ORS 197; 203; 215
Legislative History of Chapter 930:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 98-432 eff 10/21/98
#2 99-121 ?11 eff 6/30/99
(Latest rev. September 20, 2000) LINN COUNTY ? OVERLAY CODE 931 - 1
Distribution Run time:  April 4, 2003 (1:05:17pm)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 3 ? Zoning Districts
CHAPTER 931
OVERLAY CODE
TABLE OF CONTENTS
   Section Title
   931.005 Title; short title
   931.010 Compliance requirements
I. AIRPORT OVERLAY (AO)
   931.100 Subchapter title
   931.105 Statement of purpose
   931.110 AO; application of overlay
   931.130 AO; permit approval procedures
   931.140 AO; property development standards
II. DELAYED ANNEXATION OVERLAY (DAO)
   931.200 Subchapter title
   931.205 Statement of purpose
   931.220 DAO; application of overlay
   931.230 DAO; uses permitted
   931.240 DAO; property development standards
   931.250 DAO; annexation agreement
   931.260 DAO; review procedure
III. HISTORIC RESOURCE OVERLAY (HRO)
   931.300 Subchapter title
   931.305 Purpose
   931.320 HRO; relationship between Commission and
Historic Resource Commission
   931.330 HRO; application of overlay
   931.340 HRO; uses allowed outright
   931.350 HRO; uses permitted through a Type IIIB
conditional use review
   931.360 HRO; decision criteria for uses permitted
conditionally
   931.370 HRO; alteration of property
   931.380 HRO; property development standards
IV. LIMITED USE OVERLAY (LUO)
   931.400 Subchapter title
   931.405 Statement of purpose
   931.410 LUO; application of overlay
   931.420 LUO; additional uses permitted outright on
specific LUO properties
   931.430 LUO; property development standards
   931.440 LUO; uses permitted in the LUO by an ap-
proved exception; generally
V. SENSITIVE BIRD HABITAT OVERLAY (SBHO)
   931.500 Subchapter title
   931.505 Statement of purpose
   931.520 Sensitive bird habitat defined
   931.530 SBHO; development permit review required
   931.540 SBHO; review procedure and protection re-
quirements
   931.550 SBHO; property development standards
VI. WILLAMETTE RIVER GREENWAY OVERLAY (WRGO)
   931.600 Subchapter title
   931.605 Statement of purpose
   931.620 WRGO; application of overlay
    
   931.630 Definitions for WRGO
   931.650 WRGO; uses allowed outright
   931.660 WRGO; decision criteria for conditional uses
   931.670 WRGO; aggregate extraction
   931.680 WRGO; property development standards
VII. AGGREGATE RESOURCE OVERLAY (ARO)
   A. GENERAL PROVISIONS
   931.700 Subchapter title
   931.701 Statement of purpose
   931.702 Definitions
   931.704 Aggregate Resource Overlay; content and
application
   931.706 Application for an ARO
   931.710 ARO; mining area property development stan-
dards
   931.715 ARO; mining area final use and site reclama-
tion
   931.720 ARO; termination of Aggregate Resource
Overlay
   B. USES ALLOWED OR PERMITTED IN THE ARO
   931.730 ARO; mining area uses allowed outright
   931.735 ARO; mining area uses permitted through Type
IIA conditional use review
931 - 2 LINN COUNTY ? OVERLAY CODE (Latest rev. September 20, 2000)
Run time:  April 4, 2003 (1:05:17pm) Distribution
   931.740 ARO; mining area uses permitted through Type
IIIB conditional use review
   931.745 ARO; impact area uses allowed outright
   931.750 ARO; impact area uses permitted through Type
IIA conditional use review
   931.755 ARO; impact area uses permitted through Type
IIIB conditional use review
Statutory References and Other Authorities
Legislative History of Chapter 931
931.005 Title; short title
This Chapter, LCC 931.005 to 931.999, shall
be known and cited as the ?Linn County Overlay
Code.? This Chapter may also be referred to and
cited as the ?Overlay Code.?
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?12 eff 6/30/99]
931.010 Compliance requirements
(A)  Notwithstanding the presence or absence
of any conditions, requirements, standards, or
criteria with any use mentioned in this Chapter, all
uses remain subject to any applicable conditions,
requirements, standards, or criteria that may be set
forth in other Chapters of the Land Development
Code.
(B) The conditions, requirements, standards,
and criteria are set forth generally in the following
Chapters:
(1) Decision criteria Chapters 932, 933
(2) Conditions .........Chapter 933
(3) Requirements .......Chapter 933
(4) Standards
(a)  Property .......Chapter 934
(b)  Access ........Chapter 935
(C)  The conditional uses set forth in this
Chapter are subject to approval pursuant to meet-
ing the applicable requirements and decision
criteria in LCC Chapter 933 (Conditions, Require-
ments, and Decision Criteria Code).
(D)  Development of a property within an
Overlay must comply with:
(1) any specific development standards
of the underlying zoning district;
(2) the development standards set forth in
LCC Chapter 934 (Development Standards Code);
and
(3) except as provided in LCC 924.100
(B), the access improvement standards set forth in
LCC Chapter 935 are applicable to all principal
and accessory uses permitted in the Overlay.
(4) Development of any property in the
Overlay may have one or more conditions im-
posed on the permit.
[Adopted 98-002 ?3 eff 3/4/98]
I. AIRPORT OVERLAY (AO)
931.100 Subchapter title
This Subchapter, LCC 931.100 to 931.199,
shall be known and may be cited as the ?Linn
County Airport Overlay Code? or simply as the
?Airport Overlay Code.?
[Adopted 99-121 ?12 eff 6/30/99]
931.105 Statement of purpose
The purpose of this Subchapter is:
(A)  to prevent the establishment of air space
obstructions near public use airports set forth in
LCC 931.020, and
(B)  to assure compatibility between the use
of the airport and surrounding land uses.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?12 eff 6/30/99]
931.110 AO; application of overlay
(A)  The AO shall apply to boundaries of the
airports set forth in subsection (B), except for
areas within a city limit, as shown in the figures
accompanying this Chapter.
(B)  AO airports.
(1) Albany Airport,
(2) Lebanon Airport,
(3) Davis Airport,
(4) Daniels Field Airport,
(5) Santiam Junction Airport, and
(6) Green Trees Ranch Airport.
(C)  The AO shall also apply to any future
public use airports.
[Adopted 98-002 ?3 eff 3/4/98]
(Latest rev. September 20, 2000) LINN COUNTY ? OVERLAY CODE 931 - 3
Distribution Run time:  April 4, 2003 (1:05:17pm)
931.130 AO; permit approval procedures
(A)  Approval of an Airport Overlay shall
comply with the decision criteria set forth in
subsection (B) of this section.
(B)  Decision criteria.
(1) Any development within the AO shall
be reviewed by the Director for conformance to
prescribed height and use standards. If confor-
mance is not shown, then zoning and building
approval shall not be given.
(2) The applicant shall provide proof that
the proposed use is built and designed to mini-
mize noise impacts.
(3) The applicant shall provide proof that
the proposed use is not in violation of any ease-
ment established by the Oregon Aeronautics
Division.
(4) A land use denial from the Director
may be appealed through provisions in LCC
Chapter 921 (Administration of the Land Devel-
opment Code).
(5) A variance to the standards of LCC
931.100 to 931.140 may be sought through provi-
sions in LCC Chapter 938 (Variance Procedure
Code). In addition to others entitled to notice, the
airport owner and Oregon Aeronautics Division
shall be asked to comment on the variance appli-
cation.
(6) Any land use allowed under any other
zoning district which will be located in an ap-
proach zone shall be considered a conditional use
and reviewed under provisions of LCC 933.200 to
933.220 or 933.250 to 933.260. In addition to
others entitled to notice, the airport owner and
Oregon Aeronautics Division shall be asked to
comment on the proposal.
(7) As a condition of approval for a
variance or conditional use, a hold-harmless
agreement, noise easement, and/or aviation and
hazard easement may be required.
(8) Regulations Not Retroactive. The
regulations prescribed by LCC 931.100 to 931.140
shall not be construed to require the removal,
lowering or other change or alteration of any
structure or tree not conforming to the regulations
as of the effective date of LCC 931.100 to
931.140 or otherwise interfere with the continu-
ance of non-conforming use. Nothing contained
herein shall require any change in the construc-
tion, alteration or intended use of any structure,
the construction or alteration of which was begun
prior to the effective date of LCC 931.100 to
931.140, and which is being diligently performed.
[Adopted 98-002 ?3 eff 3/4/98]
931.140 AO; property development standards
Development of all properties in the AO must
comply with the development standards set forth
in LCC Chapter 934 (Development Standards
Code) and specifically 934.800, and also to any
specific standards applicable to the underlying
zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
II. DELAYED ANNEXATION OVERLAY (DAO)
931.200 Subchapter title
This Subchapter, LCC 931.200 to 931.299,
shall be known and may be cited as the ?Linn
County Delayed Annexation Overlay Code? or
simply as the ?Delayed Annexation Overlay
Code.?
[Adopted 99-121 ?12 eff 6/30/99]
931.205 Statement of purpose
The purpose of this Subchapter shall be to
provide for the orderly and logical development of
specific commercial and industrial projects within
an urban growth area when such projects have
been authorized as a part of a jointly-adopted
Urban Growth Management Agreement between
the affected city and Linn County.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?12 eff 6/30/99]
931.220 DAO; application of overlay
(A)  Establishment of Zoning Map Overlay
Designations. Upon establishment or amendment
of an Urban Growth Management Agreement
between a city and the county which provides for
delayed annexations, an overlay map shall be
adopted indicating county zoning with the appli-
cable city zone designations as a suffix.
931 - 4 LINN COUNTY ? OVERLAY CODE (Latest rev. September 20, 2000)
Run time:  April 4, 2003 (1:05:17pm) Distribution
(B)  All overlay map designations shall be
consistent with the adopted Comprehensive Plan
designations for the area.
[Adopted 98-002 ?3 eff 3/4/98]
931.230 DAO; uses permitted
(A)  Permitted Uses. Any commercial or
industrial use allowed within the applicable city
zoning designation shall be permitted subject to:
(1) the procedures set forth in LCC
931.260, and
(2) further restrictions and standards
which are consistent with the city comprehensive
plan and city and county ordinance provisions
may be established jointly by the county and city.
[Adopted 98-002 ?3 eff 3/4/98]
931.240 DAO; property development stan-
dards
(A)  Property Development Standards. Prop-
erty development standards shall be determined by
both the city and county as part of the review
process described in LCC 931.260. The city
implementing ordinances shall be used except
when both the city and county agree to the use of
other standards prior to annexation and where the
applicant has provided assurances of meeting city
standards upon annexation.
(B) Development of all properties in the DAO
must comply with the development standards set
forth in LCC Chapter 934 (Development Stan-
dards Code) and also to any specific standards
applicable to the underlying zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
931.250 DAO; annexation agreement
(A)  Provision of Services. Except as other-
wise or further stipulated in an Urban Growth
Boundary Management Agreement, each delayed
annexation agreement shall include resolution of
the following additional considerations:
(1) Maintenance of site improvements.
The city shall maintain all public improvements
(such as sanitary sewer trunk lines and storm
drainage improvement and maintenance) and
require that provisions for maintenance of private
improvements (such as landscaping) are included
in the delayed annexation agreement;
(2) Roads (new construction). All roads
to be constructed shall be designed to meet city
standards and shall be accepted into the city road
system upon annexation unless otherwise agreed
to by the city and county. Maintenance of such
roads by the city shall commence upon comple-
tion of such roads unless otherwise agreed to by
the city and county;
(3) Other services. The need for any
additional services or special improvements (for
example, security, installation of signals, railroad
crossings) shall be considered during the review
process described in LCC 931.260 and shall be
negotiated between the city, county and the appli-
cant; and
(4) Site inspection, fees and plans . All
fees and inspections shall go to the agency provid-
ing the primary service unless otherwise stipulated
in the delayed annexation agreement.
[Adopted 98-002 ?3 eff 3/4/98]
931.260 DAO; review procedure
(A)  Delayed Annexation Development Re-
view. Proposals for commercial and industrial
developments within an urban growth area where
the city and county have agreed to a delayed
annexation procedure shall be subject to the
application procedures specified in this section.
(B)  Time Limits. Except as modified in this
subsection, final action on a Delayed Annexation
Overlay map designation application shall be
taken within 120 calendar days after the applica-
tion is deemed complete.
(1) If an application is incomplete, city.
notify the applicant of exactly what information is
missing and shall give the applicant 30 days from
the time the application was first received to
submit the missing information.
(2) The 120-day time period specified in
this section may be extended by the city and
county for a reasonable period of time at the
request of the applicant.
(C)  Filing of Applications. Applications for
delayed annexations shall be filed with the af-
(Latest rev. September 20, 2000) LINN COUNTY ? OVERLAY CODE 931 - 5
Distribution Run time:  April 4, 2003 (1:05:17pm)
fected city in a manner prescribed by the city.
Plans for development of the property as may be
required by the city shall be submitted for review.
The city shall next process the application in
accordance with applicable city standards and
procedures.
(D)  Review of Applications by City and
County.
(1) Within 7 calendar days of receipt of
a delayed annexation application, the city shall
transmit a copy of the application and all attach-
ments to the Linn County Planning and Building
Department.
(2) Within 14 calendar days of receipt of
the application, the city shall hold a meeting of
representatives of the city, county and applicant to
review the application.
(3) The proposal shall be subject to
further review by the city and the county using
applicable city plan policies and ordinance stan-
dards as the basis for review.
(E)  Action by City and County Planning
Directors. The city and county planning directors
may take any of the following actions on a de-
layed annexation application:
(1) The application may be approved
when it is consistent with applicable city compre-
hensive plan policies and ordinance provisions.
(2) The application may be denied when
the proposal is not consistent with applicable city
comprehensive plan policies and ordinance provi-
sions.
(3) The application may be referred to a
public hearing to be conducted jointly by the city
council and Board. The decision to refer the
matter to public hearing shall be based upon one
of the following: disagreement between city and
county staff as to the proper action to be taken on
the proposal; a determination that there are major
policy issues related to the proposal; or a determi-
nation that the scope of the proposal has signifi-
cant large-scale impacts affecting the city, the
urbanizing area or the county.
(F)  Public Notice of Director Decision to
Approve or Deny the Application. If the city and
county planning directors either approve or deny
the request, notice of the staff decision shall be
mailed to the applicant and to all owners of prop-
erty according to procedures as required by the
city for conventional annexations. The notice shall
afford these parties an opportunity to appeal
within 14 calendar days of the date of the deci-
sion.
(G)  Notice of Director Decision to Govern-
ing Bodies. Determination of Need for Hearing.
Notice of the planning director?s decision to
approve or deny the application shall be sent to
the city council and to the Board. Within 21
calendar days of the date the staff decision was
made, either governing body may make a determi-
nation that a joint city-county hearing is necessary
and take the necessary steps to initiate the hearing.
(H)  Circumstances Under Which Director
Decision is Final. If a joint city-county public
hearing is not called for through an appeal or a
staff or governing body determination, the deci-
sion of city and county planning directors to
approve or deny the application shall be final 21
calendar days following the decision date.
(I)  Joint Public Hearing by City and County
Governing Bodies.
(1) Appeal of a planning director deci-
sion or determination by either the planning
directors or one of the governing bodies that such
a hearing is necessary shall result in a public
hearing on the delayed annexation proposal to be
conducted jointly by the city council and Board.
(2) Notice of the joint public hearing
shall be mailed to the applicant and to all nearby
owners of property according to procedures as
established by the city for conventional annex-
ations. Notice shall also be published in a newspa-
per of general circulation in the affected city.
(J)  Decision by City and County Governing
Bodies.
(1) At the conclusion of the joint city-
county public hearing, the city council and the
Board shall render a decision.
(2) If the request for delayed annexation
is approved by both jurisdictions, the city shall
develop a delayed annexation contract which shall
931 - 6 LINN COUNTY ? OVERLAY CODE (Latest rev. September 20, 2000)
Run time:  April 4, 2003 (1:05:17pm) Distribution
become effective upon signing by the applicant,
the landowner, the city council and the Board.
(3) If the decision of the two governing
bodies is not the same, the delayed annexation
request shall not be approved.
[Adopted 98-002 ?3 eff 3/4/98]
III. HISTORIC RESOURCE OVERLAY (HRO) 
931.300 Subchapter title
This Subchapter, LCC 931.300 to 931.399,
shall be known and may be cited as the ?Linn
County Historic Resource Overlay Code? or
simply as the ?Historic Resource Overlay Code.?
[Adopted 99-121 ?12 eff 6/30/99]
931.305 Purpose
The purpose of this Subchapter LCC is to
encourage continued use, rehabilitation and
preservation of significant historic properties by
allowing flexibility in zoning regulations which
affect significant historic properties.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?12 eff 6/30/99]
931.320 HRO; relationship between Commis-
sion and Historic Resource Commis-
sion
An application for a land use action involving
an historic property as defined in ORS 358.480,
will be reviewed and decided in the order and
manner set forth in LCC 921.700 to 921.750.
[Adopted 98-002 ?3 eff 3/4/98]
931.330 HRO; application of overlay
(A)  The Historic Resource Overlay may
apply to any authorized unit of land where an
historic property listed in the National Register of
Historic Places is located.
(B)  The application of the HRO to an under-
lying zoning district shall be subject to the appli-
cable provisions of LCC 921.700 to 921.750.
[Adopted 98-002 ?3 eff 3/4/98]
931.340 HRO; uses allowed outright
The uses set forth in this section are allowed
outright in the HRO.
(A)  Farm uses.
(B)  Cultivation, management, protection and
harvest of forest crops but excluding primary
timber processing operations or maintenance and
repair facilities for timber vehicles or equipment.
[Adopted 98-002 ?3 eff 3/4/98]
931.350 HRO; uses permitted through a Type
IIIB conditional use review
Any use not set forth in LCC 931.340 is a
Type IIA conditional use in the HRO and may be
permitted subject to the applicable provisions of
LCC Chapter 921 (Administration of the Land
Development Code) and decision criteria con-
tained in LCC 933.200 to 933.220 or 931.250 to
931.260.
[Adopted 98-002 ?3 eff 3/4/98]
931.360 HRO; decision criteria for uses per-
mitted conditionally
(A)  A conditional use permit must first be
reviewed and approved by the Planning Commis-
sion and made subject to review and approval by
the HRC that the decision criteria set forth in
subsection (B) and, if applicable, the conditions
set forth in subsection (C) are met.
(B) Decision criteria.
(1) The use will be consistent with the
purpose statement of the HRO; and
(2) The use will not destroy or detract
from the distinguishing character or qualities of
the property and will be compatible with its
historic and architectural integrity.
(C)  Conditions. When an historic property
which is not habitable or which has been used for
non-dwelling purposes is proposed to be rehabili-
tated for or converted to a dwelling, its establish-
ment as a dwelling will require as a condition of
approval by the hearing authority that any exterior
alteration shall be reviewed and approved by the
HRC before they are initiated.
[Adopted 98-002 ?3 eff 3/4/98]
931.370 HRO; alteration of property
(A)  Proposed alterations of properties lo-
cated in the HRO and listed in the National Regis-
ter of Historic Resources shall be reviewed by the
Historic Resource Commission according to the
(Latest rev. September 20, 2000) LINN COUNTY ? OVERLAY CODE 931 - 7
Distribution Run time:  April 4, 2003 (1:05:17pm)
procedures of LCC Chapter 921 (Administration
of the Land Development Code).
(B)  This section also applies to properties
previously designated HRO.
(C)  The Historic Resource Commission shall
approve, approve with conditions or deny such
proposed alterations according to a determination
based on the standards of LCC 932.900 to
932.990 as to whether the alterations will destroy
or detract from the distinguishing architectural
and historic character and qualities of the prop-
erty.
[Adopted 98-002 ?3 eff 3/4/98]
931.380 HRO; property development stan-
dards
Development of all properties in the HRO
must comply with the development standards set
forth in LCC Chapter 934 (Development Stan-
dards Code) and also to any specific standards
applicable to the underlying zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
IV. LIMITED USE OVERLAY (LUO)
931.400 Subchapter title
This Subchapter, LCC 931.400 to 931.499,
shall be known and may be cited as the ?Linn
County Limited Use Overlay Code? or simply as
the ?Limited Use Overlay Code.?
[Adopted 99-121 ?12 eff 6/30/99]
931.405 Statement of purpose
(A)  The purpose of this Subchapter is to
identify property which has been approved for
development through a Comprehensive Plan
amendment and reasons exception (through
provisions in ORS 197.732 and OAR
660-004-020 and 022).
(B)  The LUO is intended to permit land uses
which have been approved through an amendment
and exception and to limit the site to the specific
uses which have been approved.
(C)  The LUO shall apply to the property until
the overlay is removed through the plan amend-
ment process.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?12 eff 6/30/99]
931.410 LUO; application of overlay
(A)  The following uses are allowed or per-
mitted in the LUO:
(1) Those land uses allowed outright
within the Freeway Interchange Commercial (FIC)
zoning district; and
(2)  Those land uses permitted condition-
ally within the Freeway Interchange Commercial
(FIC) zoning district if approved.
(B)  The Limited Use Overlay has been
applied to the property more specifically described
as follows or as remapped by the Assessor?s
Office:
(1) T15S, R3W, Section 9, Tax-lots 200,
203, 206, 207, 209, and 210 (Sherman Brothers
Heavy Trucking).
(2) T14S, R3W, Section 4, Tax-lot 200
(Pioneer Villa).
(3) T11S, R4W, Section 33D, Tax Lot
1500 (Cushman Road).
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 00-311 ?2 eff
6/28/00; amd 00-525 ?2 eff 9/20/00]
931.420 LUO; additional uses permitted out-
right on specific LUO properties
(A)  The following structures and uses and
their accessory buildings and accessory uses are
allowed outright on the properties set forth in
LCC 931.410 (B) (1):
(1) An  office building limited to the use
by Sherman Brothers Heavy Trucking.
(2) A shop building.
(3) A truck fueling facility.
(4) Truck and trailer parking bays.
(5) An employee parking area.
(6) The provision of auto or truck repair
or fueling services to autos and trucks owned or
leased by Sherman Brothers Heavy Trucking.
(B)  The following structures and uses and
their accessory buildings and accessory uses are
allowed outright on the properties set forth in
LCC 931.410 (B) (2):
(1) Motel;
(2) Restaurant;
(3) Mini-market;
931 - 8 LINN COUNTY ? OVERLAY CODE (Latest rev. September 20, 2000)
Run time:  April 4, 2003 (1:05:17pm) Distribution
(4) Gas and diesel fueling stations;
(5) Vehicle repair shop;
(6) Vehicle and truck parking;
(7) Caretaker dwellings; and
(8) Accessory uses to paragraphs (1) to
(7) of this subsection.
(C)  Notwithstanding the uses identified in
LCC 931.410 (A), the following uses and their
accessory buildings and accessory uses are al-
lowed outright or permitted conditionally on the
properties set forth in LCC 931.410 (B) (3):
(1) Those land uses allowed outright
within the Limited Industrial (LI) zone;
(2) Those land uses permitted condition-
ally within the Limited Industrial (LI) zone if
approved; and
(3) A manufactured home sales lot.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/09; amd 00-311 ?3 eff
6/28/00; amd 00-525 ?3 eff 9/20/00]
931.430 LUO; property development stan-
dards
Development of all properties in the LUO
must comply with the development standards set
forth in LCC Chapter 934 (Development Stan-
dards Code) and also to any specific standards
applicable to the underlying zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
931.440 LUO; uses permitted in the LUO by
an approved exception; generally
(A)  The land uses set forth in subsection (B)
of this section are permitted in the LUO.
(B)  Use permitted.
(1) The land use or uses which have been
approved through the goal exception process.
(2) Farm use.
(3) Cultivation, management, protection
and harvest of forest crops, excluding location of
structures.
(4) Those uses allowed outright or per-
mitted conditionally within the Freeway Inter-
change Commercial (FIC) zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
V. SENSITIVE BIRD HABITAT OVERLAY
(SBHO)
931.500 Subchapter title
This Subchapter, LCC 931.500 to 931.599,
shall be known and may be cited as the ?Linn
County Sensitive Bird Habitat Overlay Code? or
simply as the ?Sensitive Bird Habitat Overlay
Code.?
[Adopted 99-121 ?12 eff 6/30/99]
931.505 Statement of purpose
(A)  The purpose of this Subchapter is to
protect sensitive habitats in addition to those
protected by other programs such as the Willa-
mette River Greenway program or the cooperative
agreement between the Oregon Fish and Wildlife
Commission and the Oregon Board of Forestry.
(B)  The protected habitats are identified as
critical for the survival of the Northern Bald
Eagle, Osprey, Great Blue Heron and Band-tailed
Pigeon.
(C)  Habitat protection shall be achieved
through the use of site-specific management plans
that insure proposed uses and activities will
neither destroy nor result in the abandonment of
sensitive bird habitat areas.
[Adopted 98-002 ?3 eff 3/4/98]
931.520 Sensitive bird habitat defined
(A)  The habitats set forth in subsection (B)
of this section are defined as sensitive bird habi-
tats and are identified as resource sites in the Goal
5 Inventory Element of the Comprehensive Plan
background report entitled Open Spaces, Scenic
and Historic Areas and Natural Resources
(B)  Sensitive bird habitats.
(1) Northern Bald Eagle nests and roosts,
(2) Osprey nests,
(3) Great Blue Heron rookeries, and
(4) Band-tailed Pigeon mineral springs.
(C)  Unless alternatively identified by using
cultural boundaries, waterways or topography, an
established Sensitive Bird Habitat Overlay shall
include land within:
(1) ? mile of a Bald Eagle nest or roost-
ing site;
(Latest rev. September 20, 2000) LINN COUNTY ? OVERLAY CODE 931 - 9
Distribution Run time:  April 4, 2003 (1:05:17pm)
(2) ? mile of an Osprey nest;
(3) 600 feet of a Great Blue Heron
rookery; or
(4) 600 feet of a Band-tailed Pigeon
mineral spring.
[Adopted 98-002 ?3 eff 3/4/98]
931.530 SBHO; development permit review
required
All development permit requests submitted
for land within a designated Sensitive Bird Habi-
tat Overlay shall be considered as having a poten-
tial impact on the habitat. Such a request shall be
subject to the requirements established in LCC
931.540.
[Adopted 98-002 ?3 eff 3/4/98]
931.540 SBHO; review procedure and protec-
tion requirements
(A)  A development permit in an area pro-
tected with a Sensitive Bird Habitat Overlay shall
initiate the review process set forth in subsection
(B).
(B)  SBHO review procedure.
(1) Linn County shall notify the Oregon
Department of Fish and Wildlife (ODFW) of the
proposal within seven days of the permit request.
ODFW shall review the request and submit a
determination of impact report to Linn County
within 14 days. The report shall include ODFW?s
perceived consequences of allowing the proposed
development to occur. No response during that
period will be taken as a determination of no
impact. If a submitted report identifies an impact,
no development permit will be issued for at least
21 days.
(2) ODFW?s submission of a report
establishing an impact shall be based upon either:
(a)  Findings showing the develop-
ment proposal would be located within 660 feet of
a Northern Bald Eagle nest or roosting site or an
Osprey nest; or within 300 feet of a Great Blue
Heron rookery or a Band-tailed Pigeon mineral
spring; or
(b)  Findings showing, due to unique
site conditions such as topography, that a develop-
ment proposal outside the area established in (1)
above but within the overlay will impact the
habitat. ODFW shall provide the basis for such a
finding in its determination of impact report.
(3) A site-specific habitat management
plan shall be submitted to the Department by
ODFW within 14 days of the determination-of-
impact report. The plan shall consider nesting
trees, critical nesting periods, roosting sites and
buffer areas. It shall also identify measures that
would specifically limit the proposed use in a
manner consistent with LCC 931.500. ODFW
may consult with the permit applicant, site land-
owners and other persons and agencies while
developing the management plan.
(4) The Department shall review the
applicant?s development plan, ODFW?s habitat
management plan, and other relevant information.
The Department shall either establish conditions
of permit issuance assuring that the proposed use
will neither destroy nor result in bird abandon-
ment of the habitat area or shall deny permit
issuance.
[Adopted 98-002 ?3 eff 3/4/98]
931.550 SBHO; property development stan-
dards
Development of all properties in the SBHO
must comply with the development standards set
forth in LCC Chapter 934 (Development Stan-
dards Code) and also to any specific standards
applicable to the underlying zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
VI. WILLAMETTE RIVER GREENWAY OVER-
LAY (WRGO)
931.600 Subchapter title
This Subchapter, LCC 931.600 to 931.699,
shall be known and may be cited as the ?Linn
County Willamette River Greenway Overlay
Code? or simply as the ?Willamette River Green-
way Overlay Code.?
[Adopted 99-121 ?12 eff 6/30/99]
931.605 Statement of purpose
(A)  The purpose of this Subchapter is:
931 - 10 LINN COUNTY ? OVERLAY CODE (Latest rev. September 20, 2000)
Run time:  April 4, 2003 (1:05:17pm) Distribution
(1) to protect the natural, agricultural,
recreational and economic qualities of lands along
the Willamette River in Linn County;
(2) to provide for the preservation,
restoration and enhancement of historical sites,
structures and facilities and areas of archaeologi-
cal, ecological or scientific significance along the
Willamette River through site-specific review of
any intensification of use, change of use or devel-
opment on properties located within the Willa-
mette River Greenway in Linn County;
(3) to establish standards and require-
ments for the use of lands within the Willamette
River Greenway in Linn County; and
(4) to implement the goals and policies
of the Comprehensive Plan and the State of Ore-
gon?s Willamette River Greenway Program.
[Adopted 98-002 ?3 eff 3/4/98]
931.620 WRGO; application of overlay 
(A)  The provisions of LCC 931.600 to
931.680 shall apply to all lands within the Willa-
mette River Greenway boundaries of Linn County
as shown on the Zoning Map. The boundary is
shown in detail on aerial photo maps on file with
the Department. Interpretation of the exact loca-
tion of the boundary shall be made by the Director
from these photo maps.
(B)  The provisions of LCC 931.600 to
931.680 shall apply to lands within the Willamette
River Greenway boundary of Linn County in
addition to any standards and requirements of the
Development Code. Nothing in LCC 931.600 to
931.680 shall be construed to constitute a waiver
or suspension of the provisions of any zoning
district. In the case of any conflict between the
provisions of LCC 931.600 to 931.680 and the
provisions of any other chapter of the
Development Code, the more restrictive provi-
sions shall apply.
[Adopted 98-002 ?3 eff 3/4/98]
931.630 Definitions for WRGO
The following definitions shall apply only to
lands lying within the Willamette River Greenway
Overlay boundaries:
(A)  ?Change of use? means making a differ-
ent use of the land or water than that which ex-
isted on December 6, 1975.
(1) The term includes a change which
requires construction, alterations of the land,
water or other areas outside of the existing build-
ings or structures and which substantially alters or
affects the land or water.
(2) The term does not include
(a)  a change of use of a building, or
(b)  other structure which does not
substantially alter or affect the land or water upon
which it is situated,
(c)  the completion of a structure for
which a valid permit had been issued as of De-
cember 6, 1975 and under which permit substan-
tial construction had been undertaken by July 1,
1976.
(d)  The sale of property is not, in
itself, considered to be a change of use.
(e)  Landscaping, construction of
driveways, modifications of existing structures or
the construction or placement of such subsidiary
structures or facilities as are usual and necessary
to the use and enjoyment of existing improve-
ments.
(B)  ?Develop? means to bring about growth
or availability, to construct or alter a structure, to
conduct a mining operation, to make a physical
change in the use or appearance of land, to divide
land into lots or parcels or to create or terminate
rights of access.
(C)  ?Intensification?
(1) Means any additions which increase
or expand the area or amount of an existing use or
the level of activity. Remodeling of the exterior of
a structure not excluded below is an intensifica-
tion when it will substantially alter the appearance
of the structure.
(2) The term shall not include the com-
pletion of a structure for which a valid permit was
issued as of December 6, 1975 and under which
permit substantial construction has been under-
taken by July 1, 1976. Maintenance and repair
usual and necessary for the continuance of an
existing use is not an intensification of use. Rea-
(Latest rev. September 20, 2000) LINN COUNTY ? OVERLAY CODE 931 - 11
Distribution Run time:  April 4, 2003 (1:05:17pm)
sonable emergency procedures necessary for the
safety or the protection of property are not an
intensification of use.
(D) ?Residential use of lands within the
Greenway? includes the practices and activities
customarily related to the use and enjoyment of
one?s home. Landscaping, construction of drive-
ways, modification of existing structures or con-
struction or placement of such subsidiary struc-
tures or facilities adjacent to the residence as are
usual and necessary to such use and enjoyment
shall not be considered an intensification.
[Adopted 98-002 ?3 eff 3/4/98]
931.650 WRGO; uses allowed outright
(A)  The uses set forth in subsection (B) shall
not require a Greenway conditional use permit.
Any other proposed change of use, development
or intensification shall only be permitted follow-
ing approval of a Greenway conditional use
permit.
(B)  Uses allowed outright.
(1) Customary dredging and channel
maintenance conducted under permit from the
State of Oregon.
(2) Seasonal increases in gravel opera-
tions as provided under permit from the State of
Oregon.
(3) The placing by a public agency of
signs, markers and aids to serve the public.
(4) Activities to protect, conserve,
enhance and maintain public recreational, scenic,
historical and natural uses of public lands, except
that a substantial increase in the level of develop-
ment of existing public recreational, scenic,
historical or natural uses on public lands shall
require review as provided by LCC 931.600 to
931.680.
(5) Erosion-control operations not requir-
ing a permit from the Division of State Lands.
(6) Farm uses.
(7) Reasonable emergency procedures
necessary for the safety or protection of property.
(8) Maintenance and repair usual and
necessary for the continuance of an existing use.
(9) Landscaping, construction of drive-
ways, repair or maintenance of existing structures
and the construction or placement of accessory
structures other than guest houses, provided that
such activities are conducted in conjunction with
uses already existing on the same property and
that they are accomplished in a manner compati-
ble with the purpose of LCC 931.600 to 931.680.
(10) The propagation of timber or the
cutting of timber which is done for public safety
or personal, noncommercial use or which does not
require a permit in accordance with the Oregon
Forest Practices Act (OFPA). The regulations of
OFPA shall govern commercial timber activities
within the Willamette Greenway.
(11) Water intakes and utilities in con-
junction with an agricultural use and single-family
residences.
(12) Private docks and wharves not more
than two feet above water level, less than 100
square feet in area, not located on the main chan-
nel, not including any plumbing or electrical
services and not more than one such facility per
property ownership.
(13) On scenic easements acquired under
ORS 390.332 (2) (a), the maintenance authorized
by the statute and ORS 390.368.
[Adopted 98-002 ?3 eff 3/4/98]
931.660 WRGO; decision criteria for condi-
tional uses
(A)  A Greenway conditional use permit may
be granted, if on the basis of the application,
investigation, testimony and evidence submitted,
findings and conclusions show that all the criteria
set forth in subsection (B) are met.
(B)  Decision criteria.
(1) The proposal is consistent with the
protection of land in the Exclusive Farm Use
zoning district.
(2) The proposal is consistent with the
protection of sensitive fish and wildlife habitat
areas identified by the Oregon Department of Fish
and Wildlife. Consideration of habitats shall
include, but not be limited to fish spawning sites,
fresh water marshes, and great blue heron, osprey,
931 - 12 LINN COUNTY ? OVERLAY CODE (Latest rev. September 20, 2000)
Run time:  April 4, 2003 (1:05:17pm) Distribution
and eagle nest trees and trees adjacent to the nest
trees.
(3) The proposal is consistent with the
preservation of significant natural and scenic
areas, viewpoints and vistas.
(4) The proposal is consistent with the
enhancement and protection of the natural vegeta-
tive fringe to the maximum extent practicable.
(5) The protection, preservation, restora-
tion and enhancement of areas having ecological,
scientific, historical or archaeological significance
are not significantly impaired by the proposal.
(6) The quality of the air, water and land
resources in and adjacent to the Greenway shall
not be significantly impaired by the proposal.
(7) The proposal is consistent with the
retention, in their natural state, of identified areas
of annual flooding, flood plains and wetlands to
the maximum extent practicable.
(8) The proposal shall not have a signifi-
cant effect upon potentially erodible areas.
(9) The proposal is compatible with
existing uses in the surrounding area.
(10) The proposal has been directed away
from the Willamette River to the greatest extent
possible.
(11) The maximum possible landscaping
area, open space and vegetation will be provided
between the Willamette River and the proposal.
[Adopted 98-002 ?3 eff 3/4/98]
931.670 WRGO; aggregate extraction
(A)  The extraction of aggregate resources
shall be consistent with the criteria for review
established in LCC 931.660.
(B)  Extraction activities shall minimize
adverse effects on water quality, fish and wildlife
habitat, the natural vegetative fringe, stream bank
stabilization efforts, stream flow, scenic quality,
noise and safety.
[Adopted 98-002 ?3 eff 3/4/98
931.680 WRGO; property development stan-
dards
Development of all properties in the WRGO
must comply with the development standards set
forth in LCC Chapter 934 (Development Stan-
dards Code) and specifically to LCC 934.850, and
also to any specific standards applicable to the
underlying zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
VII. AGGREGATE RESOURCE OVERLAY
(ARO)
A. GENERAL PROVISIONS
931.700 Subchapter title
This Subchapter, LCC 931.700 to 931.755,
shall be known and may be cited as the ?Linn
County Aggregate Resource Overlay Code? or
simply as the ?Aggregate Resource Overlay
Code.?
[Adopted 99-156 ?7 eff 6/30/99]
931.701 Statement of purpose
The purpose of this Subchapter is:
(A)  to protect significant sand, gravel, rock,
stone and related aggregate resources to ensure the
continued availability of aggregates at reasonable
costs for the overall development of Linn County;
(B)  to coordinate the development and
utilization of significant aggregate resources with
other land uses to minimize conflicts;
(C)  to establish standards of development
and operation for significant aggregate resource
extraction and processing sites; 
(D)  to prohibit the use of land in the Aggre-
gate Resource Overlay (ARO) for uses incompati-
ble with the extraction and processing of signifi-
cant aggregate resources;
(E)  to provide for the agricultural and forest
use of land in the ARO prior to the development
of extraction and processing activities; and
(F)  to provide for the reclamation, rehabilita-
tion and beneficial final use of aggregate resource
sites in a manner compatible with the surrounding
land use pattern.
[Adopted 99-156 ?7 eff 6/30/99]
931.702 Definitions
(Latest rev. September 20, 2000) LINN COUNTY ? OVERLAY CODE 931 - 13
Distribution Run time:  April 4, 2003 (1:05:17pm)
The definitions set forth in LCC 939.030
apply to this Subchapter.
[Adopted 99-156 ?7 eff6/30/99 (OAR 660-023-010 and 660-023-0180 (1))]
931.704 Aggregate Resource Overlay; content
and application
(A)  Contents. The Aggregate Resource
Overlay (ARO) comprises two areas, the mining
area and the impact area.
(B) Application of the ARO.
(1) The ARO may be applied to signifi-
cant aggregate resource sites following:
(a)  a Type IIIA legislative Plan
amendment process, if the application is initiated
by Linn County; or 
(b)  a Type IIIB application for a
post-acknowledgment Plan amendment, if the
application is not initiated by Linn County.
(2) Before applying an ARO to the
underlying zoning district, the decision maker
shall:
(a)  comply with the process identi-
fied in LCC Chapter 939 (Mining Permit and Uses
Code); and
(b)  implement the ARO by amend-
ments to the Comprehensive Plan text and the
Land Development Code Zoning Map; and
(c) include within the boundary of
the ARO all property as determined to be within
the mining area and the impact area.
(3) The decision maker shall not apply
either a mining area or an impact area to land
within another county without that county?s
consent, or to land within a city or its urban
growth boundary without that city?s consent.
(C)  Sites formerly designated as an Aggre-
gate Extraction and Processing (AXP) zoning
district are re-designated with the ARO classifica-
tion. The re-designation shall not alter the mining
of aggregate except as authorized in OAR 660,
Division 23.
[Adopted 99-156 ?7 eff 6/30/99]
931.706 Application for an ARO
A person may apply for the application of an
Aggregate Resource Overlay as provided in LCC
Chapter 939 (Mining Permit and Uses Code) and
Chapter 921 (Land Development Administration
Code).
[Adopted 99-156 ?7 eff 6/30/99 (OAR 660-023-0180 (6)]
931.710 ARO; mining area property develop-
ment standards
Development of all properties in the ARO
must comply with the development standards set
forth in LCC Chapter 934 (Development Stan-
dards Code) and specifically to LCC 934.350 to
934.359, and also to any specific standards appli-
cable to the underlying zoning district.
[Adopted 99-156 ?7 eff 6/30/99]
931.715 ARO; mining area final use and site
reclamation
Each extraction site shall be reclaimed to a
final use as set forth in LCC 933.190.
[Adopted 99-156 ?7 eff 6/30/99]
931.720 ARO; termination of Aggregate Re-
source Overlay
When a significant site has been fully mined
and reclamation has been completed, the affected
property within the mining area and the impact
area shall be rezoned to remove the ARO designa-
tion.
(A)  The zone change shall be initiated by the
County, the owner or contract purchaser of the
property comprising the mining area. 
(B)  If a restrictive covenant is imposed
within the ARO, it shall state that the obligations
imposed expire upon the termination of the ARO.
(C)  Removal of the ARO shall not relieve
requirements on the part of the owner or operator
to reclaim the site in accordance with the
DOGAMI reclamation plan, ORS 517.750
through 517.900, and the rules adopted thereun-
der.
[Adopted 99-156 ?7 eff 6/30/99]
B. USES ALLOWED OR PERMITTED IN THE
ARO
931.730 ARO; mining area uses allowed out-
right
931 - 14 LINN COUNTY ? OVERLAY CODE (Latest rev. September 20, 2000)
Run time:  April 4, 2003 (1:05:17pm) Distribution
(A)  The uses set forth in subsection (B)
through subsection (C) are allowed outright in the
mining area subject to compliance with the devel-
opment standards in LCC 934.350 to 934.359, any
requirements adopted as part of the Comprehen-
sive Plan for the protection of significant mineral
and aggregate sites, and an approved site develop-
ment plan. 
(B)  Non-dwelling uses allowed outright.
(1) Aggregate materials.
(a)  Operations that entail extraction
and stockpiling of mineral and aggregate materials
mined and processed onsite.
(b)  Processing, including but not
limited to crushing, washing, milling and screen-
ing.
(c)  The batching and blending of
mineral aggregate into asphaltic and portland
cement products located within the operating
permit area, except the batching or blending of
mineral and aggregate materials into asphalt
concrete within two miles of a planted commer-
cial vineyard existing on the date the application
was received for the batch plant.
(2) Existing processing operations. A
currently approved aggregate processing operation
at an existing site may process material from a
new or expansion site without obtaining a re-
authorization of the existing processing operation
unless limits on such processing were established
at the time it was permitted by the County.
(3) Equipment storage yard, offices,
maintenance and storage buildings, and other
accessory structures, when used in conjunction
with on-site mining operations.
(4) Retail and wholesale sales of aggre-
gate products produced on-site.
(5) Farm and forest uses.
(6) Signs, subject to the development
standards in LCC 934.210 to 934.217.
(7) Transportation improvements.
(8) Other activities including buildings
and structures necessary and accessory to develop-
ment or reclamation of the onsite mineral or
aggregate resource.
(C)  Dwellings allowed outright. Alteration,
restoration, or replacement of a lawfully estab-
lished dwelling meeting the requirements in LCC
933.180.
[Adopted 99-156 ?7 eff 6/30/99]
931.735 ARO; mining area uses permitted
through Type IIA conditional use
review
(A)  The uses, including principal and acces-
sory buildings, set forth in subsection (B) may be
permitted in the mining area pursuant to a Type
IIA review process. Permitted uses shall comply
with any requirements adopted as part of the
Comprehensive Plan for the protection of signifi-
cant aggregate sites, and an approved site develop-
ment plan. 
(B)  Dwellings. One on-site manufactured
dwelling, including accessory buildings, for a
caretaker or watchman for each authorized land
use, subject to LCC 932.800 to 932.815.
[Adopted 99-156 ?7 eff 6/30/99]
931.740 ARO; mining area uses permitted
through Type IIIB conditional use
review
(A)  The uses, including principal and acces-
sory buildings, set forth in subsection (B) may be
permitted in the mining area pursuant to a Type
IIIB review process. Permitted uses shall comply
with any requirements adopted as part of the
Comprehensive Plan for the protection of signifi-
cant aggregate sites, and an approved site develop-
ment plan. 
(B)  Uses permitted conditionally.
(1) Operations for exploration and ex-
traction of minerals other than aggregate materi-
als.
(2) Exploration for and production of
geothermal resources, subject to LCC 932.100 to
932.160.
(3) Exploration and production of oil and
gas, subject to LCC 932.100 to 932.160.
(4) Utility facilities necessary for public
service, including commercial, thermal, electrical-
generating facilities producing power for public
sale from resources obtained on-site.
(Latest rev. September 20, 2000) LINN COUNTY ? OVERLAY CODE 931 - 15
Distribution Run time:  April 4, 2003 (1:05:17pm)
(5) Hunting or fishing preserves.
(6) A site for the disposal of solid waste
together with equipment, facilities, or buildings
necessary for its operation subject to:
(a)  LCC 932.500 to 932.580; and
(b)  a permit, if required, by the
Department of Environmental Quality.
(c)  the site is operated only as an
interim subsequent use in accordance with an
approved final use and reclamation plan.
(7) Facilities for the primary processing
of forest resources.
(8) Private airports.
[Adopted 99-156 ?7 eff 6/30/99]
931.745 ARO; impact area uses allowed out-
right
(A)  The uses, including principal and acces-
sory buildings, set forth in subsection (B) through
subsection (C) are allowed outright in the impact
area. Allowed uses shall comply with the require-
ments of the underlying zone and any require-
ments in the Comprehensive Plan for the protec-
tion of significant aggregate sites.
(B)  Non-dwelling uses. The non-dwelling
uses allowed outright by the underlying zone
subject to the requirements of the underlying zone
and any requirements in the Comprehensive Plan
for the protection of significant aggregate sites.
(C)  Dwellings. The Alteration, restoration, or
replacement of a lawfully established dwelling
meeting the requirements in LCC 933.180.
931.750 ARO; impact area uses permitted
through Type IIA conditional use
review
(A)  The uses, including principal and acces-
sory buildings, set forth in subsection (B) through
subsection (C) may be permitted in the impact
area pursuant to a Type IIA review process.
Permitted uses shall comply with the requirements
of the underlying zone and any requirements in
the Comprehensive Plan for the protection of
significant aggregate sites.
(B)  Non-dwelling uses. The non-dwelling
uses permitted through a Type IIA conditional use
review by the underlying zone, subject to the
requirements of the underlying zone and any
requirements in the Comprehensive Plan for the
protection of significant aggregate sites.
(C)  Dwellings. The dwellings permitted
through a Type IIA conditional use review by the
underlying zone, subject to the requirements of
the underlying zone and any requirements in the
Comprehensive Plan for the protection of signifi-
cant aggregate sites.
(D) No use in the impact area that is a noise-
or dust-sensitive use may be approved unless a
finding is first made that the sensitive use has
been protected by the imposition of conditions or
unless the owner of the sensitive use has recorded
a waiver of remonstrance in the land records of
the County.
[Adopted 99-156 ?7 eff 6/30/99]
931.755 ARO; impact area uses permitted
through Type IIIB conditional use
review
The uses, including principal and accessory
buildings, permitted by the underlying zoning
district through a Type IIIB conditional use review
may be permitted in the impact area pursuant to a
Type IIIB review process. Permitted uses shall
comply with the requirements of the underlying
zone and any requirements in the Comprehensive
Plan for the protection of significant aggregate
sites.
[Adopted 99-156 ?7 eff 6/30/99]
Statutory References and Other Authorities:
ORS 197; 203; 215; 517; OAR 660, Div. 023
Legislative History of Chapter 931:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 98-432 eff 10/21/98
#2 99-156 ?7 eff 6/30/99
#3 00-311 ??2-3 eff 6/28/00
#4 00-525 ??2-3 eff 9/20/00
931 - 16 LINN COUNTY ? OVERLAY CODE (Latest rev. September 20, 2000)
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(Latest rev. September 20, 2000) LINN COUNTY ? OVERLAY CODE 931 - 17
Distribution Run time:  April 4, 2003 (1:05:17pm)
931 - 18 LINN COUNTY ? OVERLAY CODE (Latest rev. September 20, 2000)
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(Latest rev. September 20, 2000) LINN COUNTY ? OVERLAY CODE 931 - 19
Distribution Run time:  April 4, 2003 (1:05:17pm)
931 - 20 LINN COUNTY ? OVERLAY CODE (Latest rev. September 20, 2000)
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(Latest rev. September 20, 2000) LINN COUNTY ? OVERLAY CODE 931 - 21
Distribution Run time:  April 4, 2003 (1:05:17pm)
931 - 22 LINN COUNTY ? OVERLAY CODE (Latest rev. September 20, 2000)
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(Latest rev. September 20, 2000) LINN COUNTY ? OVERLAY CODE 931 - 23
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[This page is intentionally blank]
(Latest rev. March 31, 2004 ) LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE 932 - 1
Distribution Run time: April 16, 2004 (9:41:14am)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 4 ? Conditional Uses
CHAPTER 932
SPECIFIC CONDITIONAL USES CODE
TABLE OF CONTENTS
   Section Title
   932.005 Title; short title
I. OIL, NATURAL GAS, GEOTHERMAL EXPLORATION AND
EXTRACTION
   932.100 Statement of purpose
   932.110 Persons authorized to submit development
permit applications
   932.120 Application procedure
   932.130 Decision criteria for Oil, Natural Gas, Geother-
mal Exploration and Extraction
   932.150 Performance security required for oil, natural
gas, geothermal exploration and extraction
   932.160 Standards for rehabilitation and restoration of
sites
II. INDUSTRIAL DEVELOPMENT ON AN ABANDONED OR
DIMINISHED MILL SITE
   932.200 Statement of purpose
   932.210 Application procedures
   932.220 Qualification and delineation of an abandoned
or diminished mill site
   932.230 Sewer facilities allowed outright on an aban-
doned or diminished mill site
   932.240 Uses permitted on an abandoned or diminished
mill site through a Type IIA conditional use
review
   932.230 Decision criteria
III. PRIMARY PROCESSING OF FOREST RESOURCES
   932.300 Statement of purpose
   932.310 Persons authorized to submit development
permit applications
   932.320 Decision criteria for primary processing of
forest resources
   932.330 Permit renewal
IV. KENNELS
   932.400 Statement of purpose
   932.410 Application procedure
   932.420 Decision criteria
   932.430 Performance standards
   932.440 Property development standards
V. SOLID WASTE DISPOSAL SITES
   932.500 Statement of purpose
   932.510 Persons authorized to make application
   932.520 Application procedure
   932.530 Decision criteria
   932.540 Performance standards and site development
   932.550 Final use
   932.560 Performance security
   932.570 Permit issuance and revocation
   932.580 Hearing to review operator?s performance
VI. EXISTING MANUFACTURED DWELLING PARK; INFILLING
   932.600 Statement of purpose
   932.610 Definitions
   932.630 Use permitted through Type IIA conditional use
review
   932.640 Pre-application conference
   932.650 Application procedure
   932.670 Decision criteria for infilling a manufactured
dwelling park
   932.680 Access standards
   932.680 Development standards
VII. STAGING AREAS
   932.700 Statement of purpose
   932.710 Application procedure
   932.720 Decision criteria
   932.730 Performance standards and site development
   932.740 Agreement for reclamation
   932.760 Standards for rehabilitation and restoration
   932.770 Performance security
VIII-A. CARETAKER RESIDENCES
   932.800 Statement of purpose
   932.810 Decision criteria
   932.815 Issuance, renewal and cessation of permit
VIII-B. HOME OCCUPATIONS
932 - 2 LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE (Latest rev. March 31, 2004 )
Run time: April 16, 2004 (9:41:14am) Distribution
   932.830 Statement of purpose
   932.835 Decision criteria
   932.840 Performance standards
   932.845 Permit issuance and renewal
VIII-C. MEDICAL HARDSHIP DWELLINGS
   932.860 Statement of purpose
   932.870 Definitions
   932.875 Connection to existing approved septic system
required
   932.880 Application content
   932.885 Decision criteria
   932.890 Standards for siting a medical hardship dwell-
ing
   932.895 Issuance, renewal and termination of permit
IX. HISTORIC RESOURCES
   932.900 Statement of Purpose
   932.905 Definitions
   932.910 Application
   932.915 Alteration or demolition permit not required
   932.920 Removal from Linn County Historical Register
   932.925 Alteration or demolition certification required
   932.930 Review procedure
   932.935 Historic Resource Commission action
   932.940 Decision criteria
   932.945 Historic property alteration review standards
Statutory References and Other Authorities
Legislative History of Chapter 932
932.005 Title; short title
This Chapter, LCC 932.005 to 932.999, shall
be known and cited as the ?Linn County Condi-
tional Uses Code.? This Chapter may also be
referred to and cited as the ?Conditional Uses
Code.?
[Adopted 98-200 ?3 eff 3/4/98; 99-121 ?13 eff 6/30/99]
I. OIL, NATURAL GAS, GEOTHERMAL EXPLO-
RATION AND EXTRACTION
932.100 Statement of purpose
The purpose of LCC 932.100 to 932.160 shall
be
(A)  to provide for the exploration and extrac-
tion of oil, natural gas, or geothermal resources,
and
(B)  to establish criteria and procedures
necessary to assure that such operations have a
minimal impact on land use activities permitted
under this Development Code.
[Adopted 98-002 ?3 eff 3/4/98]
932.110 Persons authorized to submit develop-
ment permit applications
An application for the siting of oil, natural
gas or geothermal exploration and extraction
operations shall be made by:
(A)  The land owner; or
(B)  The lessee of the property, if the applica-
tion bears the signature of either the land owner or
his authorized representative.
932.120 Application procedure
(A)  In addition to the requirements of LCC
Chapter 921 (Land Development Administration
Code), an applicant for the siting of oil, natural
gas or geothermal exploration and extraction
operations shall also submit the information
required in subsection (B) at the time of applica-
tion:
(B)  Other application requirements.
(1) A development plan showing the
entire property, its dimensions and the specific
siting of all structures, including the proposed
drilling facility and the various setback and loca-
tional measurements. At the discretion of the
Director, a more detailed drawing of the site may
be required;
(2) Evidence of application to the De-
partment of Geology and Mineral Industries for
the siting and operation of an oil, natural gas or
geothermal exploration and extraction facility;
(Latest rev. March 31, 2004 ) LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE 932 - 3
Distribution Run time: April 16, 2004 (9:41:14am)
(3) A reclamation plan which complies
with the minimum standards established and
administered by the Department of Geology and
Mineral Industries and complying with provisions
of LCC 932.160 and 934.340.
(4) The mineral property owner or autho-
rized agent of the owner shall file a truck route
plan with the Roadmaster indicating the proposed
haul route for any equipment used in the prepara-
tion, exploration, extraction, operation or aban-
donment of the site. The truck route plan shall
also include a proposal for the rehabilitation and
restoration of any county roads, or any local
access roads, which may be damaged or dimin-
ished in quality due to the conducting of such
exploration or extraction activities.
(5) Evidence that:
(a)  the Roadmaster has made a
finding that the development will not have signifi-
cant adverse impacts on the quality of county
roads, or local access roads in the area, or
(b)   verification that a performance
security meeting the requirements of LCC
933.110 has been filed; and
(6) Any additional information required
by the Director.
(C)  If the Director determines that the infor-
mation supplied in the application is either incom-
plete, incorrect or inappropriate, the application
shall not be accepted for review. Opportunity for
completing the application shall be provided in
accordance with LCC Chapter 921 (Land Devel-
opment Administration Code).
[Adopted 98-002 ?3 eff 3/4/98]
932.130 Decision criteria for Oil, Natural Gas,
Geothermal Exploration and Extrac-
tion
(A)  When reviewing the application, the
Director shall determine whether a conditional use
permit may be granted to permit the exploration
and extraction of oil, natural gas, or geothermal
resources. In making that determination the Direc-
tor shall apply the criteria set forth in subsection
(B).
(B) Decision criteria.
(1) The unit of land is an authorized unit
of land;
(2) The authorized unit of land lies
within an appropriate zoning district;
(3) The applicant has received tentative
approval from the Oregon Department of Geology
and Mineral Industries for the siting and operation
of an oil, natural gas or geothermal exploration
and extraction facility and a reclamation plan for
the site;
(4) The applicant has received approval
from the Roadmaster for the routing, paving, truck
route plan, and access to the development site;
(5) The applicant has posted a perfor-
mance security as required in LCC 932.150;
(6) Substantial public comment in oppo-
sition to the request has not been filed with the
Department; and
(7) The applicant has complied with the
application procedures of LCC 932.120.
(C)  If the Director determines that the appli-
cant has satisfied the criteria in subsection (A), the
Director shall approve the application and may
establish any additional conditions of approval
deemed appropriate by the Director to carry out
the intent of this Development Code.
(D)  If the Director determines that the appli-
cant failed to satisfy the criteria or if the Director
determines that false or inaccurate information
was submitted with the application, the Director
shall deny the application.
[Adopted 98-002 ?3 eff 3/4/98]
932.140 Appeals
Appeals of a determination made by the
Director are subject to LCC Chapter 921 (Land
Development Administration Code).
[Adopted 98-002 ?3 eff 3/4/98]
932.150 Performance security required for oil,
natural gas, geothermal exploration
and extraction
To assure full faith and performance with the
truck route and reclamation plans, the mineral
property owner or authorized agent of the owner
932 - 4 LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE (Latest rev. March 31, 2004 )
Run time: April 16, 2004 (9:41:14am) Distribution
shall file a performance security meeting the
requirements of LCC 933.110.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
932.160 Standards for rehabilitation and res-
toration of sites
Rehabilitation and restoration of oil, natural
gas, geothermal exploration and extraction sites
and subject to the standards set forth in LCC
934.340.
[Adopted 98-002 ?3 eff 3/4/98]
II. INDUSTRIAL DEVELOPMENT ON AN ABAN-
DONED OR DIMINISHED MILL SITE
932.200 Statement of purpose
The purpose of LCC 932.200 through
932.299 shall be:
(A)  To facilitate the identification of indus-
trial land where industrial development permits
may be obtained without requiring exceptions to
statewide planning goals relating to agricultural
lands, forestlands, public facilities or urbanization.
(B)  To facilitate the development of identi-
fied abandoned or diminished wood products mill
sites for new industrial uses consistent with the
provisions of this section.
[Adopted 04-056 ?2 eff 3/31/04]
932.210 Application procedures
(A)  A mill site subject to LCC 932.200
through 932.299 must be identified and delineated
pursuant to LCC 932.220 before a proposed use
allowed under LCC 932.230 or permitted under
LCC 932.240 may be approved.
(B)  The qualification and delineation of an
abandoned or diminished mill site under LCC
932.220 may be determined independently of a
specific development permit application or in
conjunction with a development permit applica-
tion for a proposed industrial land use.
(C)  An application to identify and delineate
an abandoned or diminished mill site shall comply
with the applicable provisions of LCC Chapter
921 (Land Development Administration Code)
and shall include the following information to-
gether with the application form:
(1) The information and documents
required by LCC 921.040; and
(2) Evidence that the site meets the
criteria in LCC 932.220.
(D)  In addition to the applicable require-
ments of LCC Chapter 921 (Land Development
Administration Code), an applicant for the devel-
opment of an abandoned or diminished mill site
shall submit the following information together
with the application form:
(1) The information and documents
required by LCC 921.040;
(2) Evidence that the county has identi-
fied and delineated the proposed development site
pursuant to the criteria and procedures in LCC
932.220.
(3) A detailed site development plan,
drawn to scale, showing the property boundaries;
the abandoned or diminished mill site boundaries;
its dimensions; and the location of all proposed
development and structures, including the prop-
erty line setbacks;
(4) A detailed site plan complying with
the applicable provisions of LCC Chapter 934
(Development Standards Code) showing the
location of all proposed screening and material
storage, signs, required landscaping, and required
access and parking spaces; and
(5) A description of the nature and
operational characteristics of the proposed use
including equipment to be used, operating hours,
and any other information necessary to determine
compliance with the applicable decision criteria.
[Adopted 04-056 ?2 eff 3/31/04]
932.220 Qualification and delineation of an
abandoned or diminished mill site
(A)  The qualification and delineation of an
abandoned or diminished mill site shall be subject
to a Type IIA development permit review process.
(B)   The qualification and delineation of an
abandoned or diminished mill site shall satisfy all
of the following decision criteria before a devel-
(Latest rev. March 31, 2004 ) LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE 932 - 5
Distribution Run time: April 16, 2004 (9:41:14am)
opment permit can be issued for the site under
LCC 932.230 or LCC 932.240:
(1) The site is a mill, plant or other
facility engaged in the processing or manufactur-
ing of wood products, including sawmills and
facilities for the production of plywood, veneer,
hardboard, panel products, pulp and paper, that:
(a)  Is located outside of urban
growth boundaries;
(b)  Was closed after January 1,
1980, or has been operating at less than 25 percent
of capacity since January 1, 2003; and
(c)  Contains or contained permanent
buildings used in the production or manufacturing
of wood products.
(2) The county shall determine the
boundary of an abandoned or diminished mill site
before a development permit may be issued for the
site under this section.  For an abandoned or
diminished mill site that is approved for industrial
use under this section, land within the boundary of
the mill site may include only those areas that
were improved for the processing or manufactur-
ing of wood products.
[Adopted 04-056 ?2 eff 3/31/04]
932.230 Sewer facilities allowed outright on an
abandoned or diminished mill site
(A)  The facilities set forth in subsection (B)
including principal and accessory buildings may
be allowed outright on an abandoned or dimin-
ished mill site that is approved for industrial use
under this section subject to a Type IA review
process.
(B)  Facilities allowed outright on an aban-
doned or diminished mill site
(1) The extension of sewer facilities to
lands that on June 10, 2003 were zoned for indus-
trial use and that contain an abandoned or dimin-
ished mill site. The sewer facilities may serve only
industrial uses authorized for the mill site and
contiguous lands zoned for industrial use.
(2) The extension of sewer facilities to an
abandoned or diminished mill site that is approved
for industrial use under this section only as neces-
sary to serve industrial uses authorized for the mill
site.
(3) The establishment of on-site sewer
facilities to serve an area that contains an aban-
doned or diminished mill site.  The sewer facili-
ties may serve only industrial uses authorized for
the mill site and contiguous lands zoned for
industrial use.
(C)  The county may not authorize a connec-
tion to any portion of a sewer facility located
between an urban growth boundary, or the bound-
ary of an unincorporated community, and the
boundary of an abandoned or diminished mill site,
or the industrial zone containing the mill site,
unless a goal exception is approved as provided
under a statewide land use planning goal relating
to public facilities and services or under ORS
197.732.
(D)  Sewer facilities approved under this
section shall be limited in size to meet the needs
of authorized industrial uses and may not provide
service to retail, commercial or residential devel-
opment, except as provided under a statewide land
use planning goal relating to public facilities and
services or under ORS 197.732.
[Adopted 04-056 ?2 eff 3/31/04]
932.240 Uses permitted on an abandoned or
diminished mill site through a Type
IIA conditional use review
(A)  The uses set forth in subsection (B),
including principal and accessory buildings, may
be permitted on an abandoned or diminished mill
site meeting the criteria in LCC 932.220, subject
to a Type IIA conditional use permit review
process, if the decision criteria in LCC 932.250
and other requirements of law are met.
(B)  Uses permitted conditionally
(1) Any level of industrial use, pursuant
to compliance with any applicable provisions of
county code or Oregon Administrative Rules.
(2) For an abandoned or diminished mill
site approved under this section, the county may
approve a permit only for industrial development
and accessory uses subordinate to such develop-
ment on the mill site. The county may not approve
932 - 6 LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE (Latest rev. March 31, 2004 )
Run time: April 16, 2004 (9:41:14am) Distribution
a permit for retail, commercial or residential
development on the mill site.
[Adopted 04-056 ?2 eff 3/31/04]
932.230 Decision criteria
(A)  For an abandoned or diminished mill site
identified and delineated under LCC 932.220, a
conditional use permit for industrial development
permitted on the site under LCC 932.240 shall
meet the following criteria.
(1) The criteria in LCC 933.200 through
933.220.
(2) The use is limited to industrial devel-
opment and accessory uses subordinate to such
development on the mill site. The county may not
approve a permit for retail, commercial or residen-
tial development on the mill site.
(B)  The county may not authorize a connec-
tion to any portion of a sewer facility located
between an urban growth boundary, or the bound-
ary of an unincorporated community, and the
boundary of an abandoned or diminished mill site,
or the industrial zone containing the mill site,
unless a goal exception is approved as provided
under a statewide land use planning goal relating
to public facilities and services or under ORS
197.732.
(C)  Sewer facilities approved under this
section shall be limited in size to meet the needs
of authorized industrial uses and may not provide
service to retail, commercial or residential devel-
opment, except as provided under a statewide land
use planning goal relating to public facilities and
services or under ORS 197.732.
[Adopted 04-056 ?2 eff 3/31/04]
III. PRIMARY PROCESSING OF FOREST
RESOURCES
932.300 Statement of purpose
The purpose of LCC 932.300 to 932.330 is to
provide for the primary processing of forest
resources in selected zoning districts and to
establish criteria and procedures necessary to
assure
(A)  that such operations have a minimal
impact on land use activities permitted under this
Development Code, and
(B)  compatibility with surrounding land uses.
[Adopted 98-002 ?3 eff 3/4/98]
932.310 Persons authorized to submit develop-
ment permit applications
Notwithstanding the requirement of LCC
921.020, a lessee of the property may file an
application, if the application bears the signature
of either the land owner or the landowner?s autho-
rized representative.
[Adopted 98-002 ?3 eff 3/4/98]
932.320 Decision criteria for primary process-
ing of forest resources
(A) The Director shall apply the criteria set
forth in subsection (B) to determine whether a
conditional use for primary processing of forest
resources shall be issued.
(B) Decision criteria.
(1) The facility will not seriously inter-
fere with accepted farming practices in EFU and
F/F zoning districts;
(2) The facility is compatible with farm
uses in the EFU and F/F zoning districts; and
(3) The decision criteria LCC 933.220
for conditional uses in are met.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
932.330 Permit renewal
(A)  The permit shall be valid for one year
from the date of issuance. The permit may be
renewed on a yearly basis if:
(1) any permit conditions for the previ-
ous year have been met; and
(2) the criteria for decision are met.
(B)  A permit may be renewed for one year at
a time until timber specified in the site plan has
been processed. The timber to be processed shall
originate on the same authorized unit of land as
the site proposed for the primary processing of
that timber.
(C)  The permit renewal fee, if any, estab-
lished by order the Board shall be submitted with
the renewal request.
(Latest rev. March 31, 2004 ) LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE 932 - 7
Distribution Run time: April 16, 2004 (9:41:14am)
(D)  If the Director determines that the condi-
tions have not been met or the criteria for decision
can no longer be met, then renewal of the permit
shall be denied.
[Adopted 98-002 ?3 eff 3/4/98]
IV. KENNELS
932.400 Statement of purpose
The purpose of LCC 932.400 to 932.440 is to
provide performance and property development
standards by which kennels are regulated in all
zoning districts where kennels are permitted.
[Adopted 98-002 ?3 eff 3/4/98]
932.410 Application procedure
(A)  In addition to other requirements of LCC
921.040, the information and materials set forth in
subsection (B) shall also be submitted together
with the application form.
(B) Application requirements.
(C)  A development plan setting forth the
following:
(1) The perimeter of the kennel building,
outdoor runs and the parking area.
(2) The location, construction materials,
drainage, of the kennel building
(3) The method of waste disposal.
(4) Proposed indoor and outdoor lighting
(5) Proposed ventilation.
(6) A proposed waste collection and
drainage plan approved by the EHP.
(7) Whether the kennel is proposed to be
operated in conjunction with the purchase or sale
of animals.
(8) Proof of the notifications shall be
provided to the Department that the Department
Linn County Dog Control Department, the Oregon
Department of Agriculture and the United States
Department of Agriculture has been notified that
the kennel is in operation.
(9) Hours of operation.
(10) Whether there is a dwelling on the
property.
(11) A proposed access and parking plan.
(12) Proposed number of dogs and cats
to be boarded.
(13) Whether animal training and groom-
ing is to be provided.
(14) A site plan which includes informa-
tion to address the following property develop-
ment standards.
(a)  proposed location of the kennel
building in reference to 
(i)  property lines, and
(ii)  the dwelling for which the
kennel is proposed.
(b)  proposed location of the runs in
reference to the property lines.[Adopted 98-002 ?3 eff 3/4/98]
932.420 Decision criteria
The application shall be reviewed and de-
cided pursuant to the procedures established in
LCC Chapter 921 (Land Development Adminis-
tration Code) and to applicable decision criteria
of:
(A) the zoning district, and
(B) LCC 933.220 or in 933.260.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
932.430 Performance standards
The minimum standards set forth in LCC
934.370 shall apply to all kennels.
[Adopted 98-002 ?3 eff 3/4/98]
932.440 Property development standards
The proposal is subject to the property devel-
opment standards set forth in LCC 934.375.
[Adopted 98-002 ?3 eff 3/4/98]
V. SOLID WASTE DISPOSAL SITES
932.500 Statement of purpose
The purpose of LCC 932.500 to 932.580 is:
(A)  to allow for the development and utiliza-
tion of necessary solid waste disposal sites;
(B) to provide guidelines for conditions to be
applied that will reasonably protect neighboring
properties;
(C) to minimize undesirable effects of the site
932 - 8 LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE (Latest rev. March 31, 2004 )
Run time: April 16, 2004 (9:41:14am) Distribution
(D)  to require the ultimate reclamation,
rehabilitation; and
(E)  to promote the ultimate beneficial reuse
of the premises for land uses compatible with the
surrounding activities.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
932.510 Persons authorized to make applica-
tion
Application shall be made by the property
owner or his authorized agent to the Department
on a form approved pursuant to LCC Chapter 921
(Administration of the Land Development Code).
[Adopted 98-002 ?3 eff 3/4/98]
932.520 Application procedure
(A)  In addition to other requirements of LCC
Chapter 921 (Administration of the Land Devel-
opment Code), the following information and
materials shall also be submitted with the applica-
tion form:
(1) Franchise holder and operator?s name
and address.
(2) Location (township, range, section,
and tax-lot[s]) and size of land area to be affected.
(3) Aerial photograph taken less than 12
months prior to submission of the application. The
aerial photo must be at a scale of four inches to
one mile, or larger, of any proposed solid waste
disposal site that was photographed. Photographs
older than 12 months may be submitted if accom-
panied by a signed declaration by the applicant
stating that no substantial changes have occurred
since the taking of the photograph.
(4) Provisions for public safety as re-
quired under LCC 934.390 and measures, if any,
required by the Environmental Protection Agency
(EPA), Oregon Department of Environmental
Quality (DEQ), or any other federal, state, or local
agency having jurisdiction over such facilities to
comply with applicable environmental quality
standards.
(5) Proposed final use as permitted in
LCC 932.550.
(6) A reclamation plan for disposal sites
approved by DEQ that results in the proposed
final use.
(7) A surface water management plan as
required by DEQ.
(8) Types of vegetative or other forms of
screening to be used.
(9) Types and sizes of equipment to be
used.
(10) A reproducible map at a scale of one
inch equals 400 feet that depicts the general land
area within a one mile radius and identifies:
(a)  The property under the appli-
cant?s control.
(b)  The land areas proposed for
disposal and resource recovery and areas for
storage of topsoil and other cover materials on the
site.
(c)  Location of residential, commer-
cial or industrial structures within 500 feet of the
property boundary.
(d)  Location of on-site haul roads
and proposed access point(s).
(e)  Location and names of all
structures, roads, railroads and utility facilities.
(f)  Required setback areas on the
authorized unit of land.
(g)  Identification of soil types at the
proposed extraction site, if available; if not,
identification of the soil types adjoining the
proposed extraction site.
(11) Proposed hours and days of opera-
tion.
(12) The solid waste owner or authorized
agent of the owner shall file a truck route plan
with the Roadmaster indicating the proposed haul
route for any equipment used in the preparation,
operation, or abandonment of the site. The truck
route plan shall also include a proposal for the
rehabilitation and restoration of any county roads,
or any local access roads, which may be damaged
or diminished in quality due to the conducting of
such exploration or extraction activities.
(13) Evidence that:
(a)  the Roadmaster has made a
finding that the development will not have signifi-
cant adverse impacts on the quality of county
roads, or local access roads in the area, or
(Latest rev. March 31, 2004 ) LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE 932 - 9
Distribution Run time: April 16, 2004 (9:41:14am)
(b)   verification that a performance
security meeting the requirements of LCC
933.110 has been filed.
(14) Any additional information required
by the Director.
(B)  If the Director determines that the infor-
mation supplied in the application is either incom-
plete, incorrect or inappropriate, the application
shall not be accepted for review. The applicant
shall, however, be afforded an opportunity to
amend the application in accordance with LCC
Chapter 921 (Administration of the Land Devel-
opment Code).
[Adopted 98-002 ?3 eff 3/4/98]
932.530 Decision criteria
The application shall be reviewed and de-
cided pursuant to the criteria found in the applic-
able zoning district and LCC 933.220 or 933.260.
The applicant must have received approval from
the Roadmaster for the routing, paving and access
to the development site.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
932.540 Performance standards and site devel-
opment
The minimum standards set forth in LCC
934.390 shall apply to the establishment, mainte-
nance and operation of a solid waste disposal
system through the conditional use procedure. The
Commission may, at their discretion, provide
additional conditions on operation.
[Adopted 98-002 ?3 eff 3/4/98]
932.550 Final use
(A)  Each solid waste disposal site shall be
reclaimed to a final use as specified in a DEQ-
approved reclamation plan or in compliance with
an Oregon Department of Geology and Mineral
Industries (DOGAMI) approved reclamation plan
when the solid waste disposal site was authorized
as a subsequent beneficial use of a quarry site.
(B)  Permitted final uses.
(1) Farm, forest and recreational uses as
defined in this Development Code shall be a
permitted final use for solid waste disposal sites in
the Agricultural Resource, Farm/Forest and Forest
Resource Comprehensive Plan designations.
(2) Other uses permitted under the re-
source designations of the Plan may be approved
as a final use by the Commission.
(C)  When the use of a site for solid waste
disposal is completed and reclamation activities
are scheduled to begin, the operator may submit a
new, proposed final use and reclamation plan for
review by the Commission. When the Commis-
sion finds that the new proposal is more suitable,
the new final use and reclamation plan may
supplant the original proposal provided the opera-
tor, landowner, DOGAMI, DEQ, and EPA and the
Commission all approve.
(D)  Due to problems resulting from differen-
tial settling, methane gas and other possible
hazards, the reclaimed use of any solid waste
disposal site shall be subject to proper monitoring
by the owner and DEQ.
(E)  Any structures placed on a reclaimed
solid waste disposal site shall be temporary or
movable and shall not require foundations or
footings for a period of at least 20 years after
rehabilitation of the disposal site. This provision
shall apply only to those areas affected by disposal
activity and shall not apply to areas of the autho-
rized unit of land not disturbed by such activity.
[Adopted 98-002 ?3 eff 3/4/98]
932.560 Performance security
A performance security shall be required to
assure full faith and faithful performance of the
agreement for final use. The performance security
shall comply with LCC 933.110.
[Adopted 98-002 ?3 eff 3/4/98]
932.570 Permit issuance and revocation
(A)  Conditional use permits for solid waste
disposal sites shall be issued based upon compli-
ance with the criteria in LCC 933.220, the mini-
mum criteria and standards established in LCC
934.390, and any additional requirements estab-
lished by the Commission. Permits shall be issued
for a period of operation that is to be proposed by
the operator, subject to the approval of the Com-
mission.
932 - 10 LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE (Latest rev. March 31, 2004 )
Run time: April 16, 2004 (9:41:14am) Distribution
(B)  Upon issuance of a conditional use
permit for a solid waste disposal site, the Director
shall enter on the current Zoning Map of the
county a notation for each property to be used as
a solid waste disposal site and that the site may be
subject to certain natural and man-made develop-
ment limitations due to the nature of disposal
activities. This notation shall be maintained on
both current and future zoning maps so that a
public record shall be maintained of all past and
present solid waste disposal sites.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
932.580 Hearing to review operator?s perfor-
mance
(A)  If the Director receives sufficient infor-
mation to suggest that the permit holder has not
complied with the conditions of approval adopted
by the Commission, the Director shall notify the
permit holder that a public hearing will be sched-
uled before the Commission to review the opera-
tor?s performance under the conditions of ap-
proval.
(B)  The review authorized in subsection (A)
shall be in accordance with provisions for revoca-
tion of a conditional use permit as specified under
LCC Chapter 921 (Administration of the Land
Development Code).
[Adopted 98-002 ?3 eff 3/4/98]
VI. EXISTING MANUFACTURED DWELLING
PARK; INFILLING
932.600 Statement of purpose
The purpose of LCC 932.600 to 932.690 is:
(A)  to establish criteria and procedures for
the infilling of an existing manufactured dwelling
park permitted in the Rural Residential (RR),
Rural Center (RCT), and Urban Growth Area?
Rural Residential (UGB?RR) zoning districts in
such a way as to protect existing facilities and
neighboring properties;
(B)  to minimize undesirable effects which
may arise from the location, arrangement and
density of such parks; and 
(C)  to retain the rural nature of areas desig-
nated for residential development.
[Adopted 98-002 ?3 eff 3/4/98]
932.610 Definitions
For purposes of LCC 932.600 to 932.690,
?infill? or ?infilling? means to expand the manu-
factured dwelling park use within the boundary of
the existing manufactured dwelling park. Infilling
includes:
(1) Construction of community recre-
ational facilities, including swimming pools, for
the use of residents and guests of the manufac-
tured dwelling park only.
(2) Construction of one single-family
dwelling for the use of a caretaker or manager
responsible for maintaining and operating the
manufactured dwelling park on a permanent basis.
Such residence shall not exceed the permitted
density allowed through any approval of an appli-
cation filed pursuant to provisions of this Chapter.
[Adopted 98-002 ?3 eff 3/4/98]
932.630 Use permitted through Type IIA con-
ditional use review
(A)  The use set forth in subsection (B) may
permitted in the Rural Residential (RR), Rural
Center (RCT), and Urban Growth Area?Rural
Residential (UGA?RR) zoning districts through a
Type IIA conditional review.
(B)  Infilling of an existing manufactured
dwelling park and the accessory buildings.
[Adopted 98-002 ?3 eff 3/4/98]
932.640 Pre-application conference
(A)  Prior to acceptance of an application by
the Director, the developer shall attend, pursuant
to LCC 921.040, a pre-application conference
with the Department, Environmental Health
Program staff, County Engineer, or Roadmaster.
(B)  During that conference, the applicant
shall be required to submit the following informa-
tion:
(1) The location of the existing manufac-
tured dwelling park by township, range, section
and tax-lot number;
(2) The size of each existing tax-lot;
(Latest rev. March 31, 2004 ) LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE 932 - 11
Distribution Run time: April 16, 2004 (9:41:14am)
(3) A preliminary map indicating:
(a)  the boundary of the park and
proposed infilling area;
(b)  north arrow and a scale drawing;
(c)  total acreage involved in the
proposal;
(d)  the layout of the existing and
proposed road system, including the existing road
surface characteristics and location of any existing
or proposed easements of road access;
(e)  the location, size and number of
proposed manufactured dwelling spaces;
(f)  the water supply and subsurface
sewage disposal systems for any existing or
proposed facilities when expansion of these
facilities is required for any approval of an appli-
cation; and
(4) Any other relevant information
deemed necessary by the reviewing staff to review
the proposed development.
[Adopted 98-002 ?3 eff 3/4/98]
932.650 Application procedure
(A)  An application may be submitted not
later than 6 months following the date of the pre-
application conference required by LCC 932.640.
(B)  In addition to the information required by
LCC 921.040, the applicant shall include in the
application:
(1) A detailed site development plan with
all necessary information required by the Building
Official.
(2) Approval from the Department of
Environmental Quality or its authorized agent for
the proposed location of sewage disposal systems
adequate to provide services for existing and
proposed development.
(3) Any request for an exception from the
development standards set forth in LCC 932.680,
other than the standards of OAR Chapter 814 that
allow an exception.
[Adopted 98-002 ?3 eff 3/4/98]
932.670 Decision criteria for infilling a manu-
factured dwelling park
(A)  In addition to the conditional use permit
decision criteria in LCC 933.220, the criteria set
forth in subsection (B) shall be met.
(B)  Decision criteria.
(1) The overall density of the authorized
unit of land including both the existing and pro-
posed manufactured dwelling park spaces and
facilities, shall not exceed 4 spaces per acre after
the infilling is completed.
(2) The manufactured dwelling park must
have been lawfully established on or before
September 2, 1980.
(3) The site development plan complies
with provisions governing the construction of
manufactured dwelling parks as established and
administered by the Building Codes Division.
(4) Adequate provision is made for
construction of any necessary water facilities
pursuant to standards of the State Health Division.
(5) Any request for an exception is
consistent with OAR Chapter 814.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
932.680 Access standards
Infilling a manufactured dwelling park must
comply with the access standards set forth in LCC
Chapter 935 (Access Improvement Standards
Code).
[Adopted 98-002 ?3 eff 3/4/98]
932.680 Development standards
All development which occurs while infilling
a manufactured dwelling park shall comply with
LCC 934.330.
[Adopted 98-002 ?3 eff 3/4/98]
VII. STAGING AREAS
932.700 Statement of purpose
The purpose of LCC 932.700 to 932.770 is to
provide a procedure to review applications for the
temporary development of staging areas in con-
junction with road maintenance and improvement
projects for county, state and federal highways.
932 - 12 LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE (Latest rev. March 31, 2004 )
Run time: April 16, 2004 (9:41:14am) Distribution
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
932.710 Application procedure
(A)  In addition to the requirements of LCC
921.040, the applicant shall submit the informa-
tion set forth in subsection (B).
(B) Application requirements.
(1) A site plan showing the entire prop-
erty and its dimensions, the specific siting of all
structures, the location of proposed equipment,
internal roadways and stockpiles, the applicable
setback and locational measurements and any
other information necessary to accurately describe
the proposed site development plan; and
(2) A proposed plan for the transporta-
tion of raw aggregate materials from the mining
area to the temporary staging area.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?8 eff 6/30/99]
932.720 Decision criteria
The application shall be reviewed and de-
cided pursuant to the criteria found in
(A)  the applicable zoning district, and
(B)  LCC 933.220 or 933.260.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
932.730 Performance standards and site devel-
opment
The minimum standards set forth in LCC
934.400 and 933.410 shall apply to the temporary
development of staging areas in conjunction with
road maintenance and improvement projects for
county, state and federal highways. The Com-
mission may, at its discretion, provide additional
conditions on operation.
[Adopted 98-002 ?3 eff 3/4/98]
932.740 Agreement for reclamation
(A) As used in this section ?agreement?
means a final reclamation plan including, rehabili-
tation, or restoration substantially conforming to
the reclamation plan submitted with the permit
application.
(B)  The terms of the agreement must include
the following:
(1) A condition that the landowner shall
be responsible for the eventual rehabilitation and
restoration of the site as described in the agree-
ment.
(2) A condition that failure of the land-
owner to perform the agreement to restore or
rehabilitate the site shall result in forfeiture of the
bond required under LCC 932.770.
(3) Except for buildings or structures
which are permitted uses in the zoning district in
which the site is located, all buildings, equipment,
apparatus and appurtenances accessory to the
exploration and extraction operation shall be
removed from the site upon termination of the
staging area development.
(4) Upon termination of the staging area
development, the site shall be restored as follows:
(a)  All excavations shall be back
filled with comparable soils to the original con-
tour of the site;
(b)  All fill material shall be re-
moved from the site down to the original topsoil;
and
(c)  The existing fill or excavation
may be allowed to remain or may be altered if
such site is intended to be utilized as a use permit-
ted with the zoning district.
(5) The operator shall improve or agree
to improve lands dedicated for roads, alleys,
pedestrian ways, drainage channels, easements of
road access and other rights-of-way as a condition
preceding the acceptance and approval of a parti-
tion involving the creation of access.
(6) Prior to approval of the partition, the
operator shall
(a)  install all required improvements
and repair existing roads and other public facili-
ties damaged in the development of the partition,
or
(b)  execute and file with the Board
an agreement between the developer and the
county specifying the period within which all the
required improvements and repairs shall be com-
pleted.
(i)  The agreement shall require
a performance security for the improvements and
repairs meeting the requirements of LCC 933.110.
(Latest rev. March 31, 2004 ) LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE 932 - 13
Distribution Run time: April 16, 2004 (9:41:14am)
(ii)  The agreement shall pro-
vide that if all of the required work is not com-
pleted within the time frame specified, or within
any mutually approved extensions, the county may
complete the work and recover the full cost and
expense thereof from the developer pursuant to
LCC 933.110. If a written request for a reasonable
time extension is requested by the developer 30
calendar days prior to the expiration of the agree-
ment, the Board may approve the request. Absent
an approved extension, the Board may collect
costs as provided in LCC 933.110.
[Adopted 97-200 ?3 eff 6/30/97; 99-156 ?8 eff 6/30/99]
932.760 Standards for rehabilitation and res-
toration
Rehabilitation and restoration of the staging
site shall comply with LCC 934.410.
[Adopted 98-002 ?3 eff 3/4/98]
932.770 Performance security
The property owner or his authorized agent
thereof shall file with the Director a reclamation
plan in compliance with LCC 932.740 and to
assure full faith and performance thereof, the
property owner shall file prior to development
being initiated a performance security in compli-
ance with LCC 933.110.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?8 eff 6/30/99]
VIII-A. CARETAKER RESIDENCES
932.800 Statement of purpose
The purpose of LCC 932.800 to 932.815 is to
establish criteria permitting the location of a
manufactured dwelling for properties within the
RCM, FIC, AB, LI and HI zoning districts, if the
purpose of the manufactured dwelling is to serve
as:
(A)  a caretaker residence for a commercial or
industrial use, and
(B)  additional security.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?8 eff 6/30/99]
932.810 Decision criteria
(A)  A manufactured dwelling may be ap-
proved as a caretaker residence provided the
criteria in subsection (B) of this section are met.
(B) Decision criteria.
(1) The proposed caretaker residence is
a manufactured dwelling.
(2) The dwelling is for the owner, man-
ager, or operator of an activity allowed or permit-
ted.
(3) The occupant of the proposed manu-
factured dwelling is the owner, manager or opera-
tor of an allowed commercial or industrial use.
(4) No other caretaker residence is
located on the tract.
(5) Verification by the Sheriff?s Office or
the business owner?s insurance carrier or agent
that an on-site residence is needed to provide
additional security from criminal activity; and
(6) Written approval has been provided
by the Environmental Health Program authorizing
use of a subsurface sewage disposal system for the
proposed caretaker residence.
[Adopted 98-002 ?3 eff 3/4/98]
932.815 Issuance, renewal and cessation of
permit
(A)  The provisions in subsection (B) shall
apply to all conditional use permits issued for
caretaker residences.
(B)  Applicable provisions.
(1) The caretaker residence shall be
subject to the property development standards of
the applicable zoning district. 
(2) The conditional use permit shall
remain valid until December 31 of each subse-
quent year following approval.
(3) A permit may be renewed provided
that the applicant can demonstrate that none of the
following circumstances has occurred:
(a)  The applicant has failed to
comply with the conditions of issuance of the
permit.
(b)  The applicant has failed to
comply with applicable state and county building
932 - 14 LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE (Latest rev. March 31, 2004 )
Run time: April 16, 2004 (9:41:14am) Distribution
or manufactured dwelling siting codes and regula-
tions.
(c)  A significant change has oc-
curred in the conditions upon which the permit
was approved.
(d)  A sale, transfer or change in the
lease of the property.
(e)  A change of ownership of the
property. The permit renewal fee, if any, estab-
lished by order the Board shall be submitted with
the renewal request.
(C)  If the applicant is unable to demonstrate
that the circumstances set forth in subsection (D)
has not occurred, the Director shall make a deter-
mination pursuant to LCC Chapter 921 (Land
Development Administration Code) whether to
revoke the permit.
(D)  If the permit is revoked, the conditional
use permit holder shall remove the residence
within 70 days of the effective date of determina-
tion. Failure to remove the residence shall consti-
tute a violation of the Land Development Code.
[Adopted 98-002 ?3 eff 3/4/98]
VIII-B. HOME OCCUPATIONS
932.830 Statement of purpose
(A)  The purpose of LCC 932.830 to 932.845
shall be to establish the circumstances whereby
small-scale businesses may be permitted to oper-
ate substantially in a dwelling or other buildings
normally associated with uses permitted in the
zone.
(B)  The purpose of LCC 932.830 to 932.845
shall not be interpreted to permit activities that are
detrimental and incompatible with neighboring
land uses.
[Adopted 98-002 ?3 eff 3/4/98]
932.835 Decision criteria
(A)  A home occupation requires a condi-
tional use permit subject to the procedures of LCC
Chapter 921 (Land Development Administration
Code) and the decision criteria contained within:
(1) LCC 933.310, if located in the EFU,
F/F or FCM zoning district; and
(2) LCC 933.220; or
(3) if the property is within an urban
growth area, the decision criteria set forth in LCC
933.260.
(B)  The home occupation shall not unreason-
ably interfere with other uses permitted in the
zone.
(C)  Nothing in this section may be used to
permit construction of any structure that would
not otherwise be allowed in the zone.
(D)  The existence of home occupations shall
not be used as justification for a zoning district
change.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
932.840 Performance standards
All home occupations shall be conducted in
a manner that complies with the standards of
operation set forth in LCC 934.360.
[Adopted 98-002 ?3 eff 3/4/98]
932.845 Permit issuance and renewal
(A)  Home occupation conditional use per-
mits shall be issued for a period of one year and
shall be subject to annual review
(B)  The permit renewal fee, if any, estab-
lished by order the Board shall be submitted with
the renewal request.
(C)  The conditional use permit shall remain
valid until December 31 of each subsequent year
following approval.
(D)  The permit shall be renewed provided
the home occupation is being conducted in a
manner that complies with the standards of opera-
tion established in LCC 934.360.
(E)  A permit issued under LCC 932.830 to
932.845 may not be transferred.
[Adopted 98-002 ?3 eff 3/4/98]
VIII-C. MEDICAL HARDSHIP DWELLINGS
932.860 Statement of purpose
The purpose of LCC 932.860 to 932.895 is:
(A)  to provide for the temporary placement
of a manufactured dwelling or the temporary
conversion of an existing building under verified
(Latest rev. March 31, 2004 ) LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE 932 - 15
Distribution Run time: April 16, 2004 (9:41:14am)
medical hardship circumstances or for reason of
age,
(B)  to assure the temporary nature of such a
placement or conversion, and
(C)  to ascertain the continued validity of the
medical hardship.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-121 ?13 eff
6/30/99]
932.870 Definitions
For purposes of LCC 932.830 to 932.845:
(A)   ?Qualifying person? means the person
who lives on an authorized unit of land and re-
ceives daily supervision and care of another living
on the same authorized unit of land.
(B)  ?Care giver? means the person who
lives on an authorized unit of land and provides
daily supervision and care to another person living
on the same authorized unit of land.
(C) ?Existing building? means a building
other than a dwelling.
(D)  ?Manufactured dwelling? for purposes
of LCC 932.860 to 932.895, the term includes a
park trailer.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?13 eff 6/30/99]
932.875 Connection to existing approved septic
system required
(A)  All medical hardship dwellings shall be
connected to an approved septic system serving
the existing dwelling.
(B)  Existing approved septic systems shall be
used except when the Environmental Health
Program determines that connection to the exist-
ing system is not feasible.
(C)  The intent of this section is to require the
use of existing facilities to the maximum extent
practicable.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?13 eff 6/30/99]
932.880 Application content
(A) In addition to the application require-
ments stated LCC 921.040, the applicant shall
also address the matters set forth in subsection
(B).
(B)  Application requirements.
(1) Approval from the EHP for connec-
tion of the medical hardship dwelling to the
sewage treatment system serving the existing
residence or a statement from the EHP saying that
such connection is not feasible and recommending
a possible alternative; and
(2) A written statement from a licensed,
Oregon physician on that physician?s letterhead
that a medical condition exists and that the af-
flicted person needs daily supervision, care or
assistance. The physician?s statement shall be an
original, not a copy, and shall give the medical
reasons for the need; a mere preference or desire
is insufficient justification; or
(3) Documentation satisfactory to the
Director that the qualifying person is 65 years of
age or older.
(4) Whether the proposed use is for a
manufactured dwelling or for the conversion of an
existing building.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 10/21/98; 99-121 ?13 eff 6/30/99]
932.885 Decision criteria
The applicant shall meet the decision criteria
of LCC 933.800.
[Adopted 99-121 ?13 eff 6/30/99]
932.890 Standards for siting a medical hard-
ship dwelling
(A) The applicant for a medical hardship
dwelling shall comply with LCC 934.380.
(B)  The applicant seeking placement of a
manufactured dwelling in the UGAZ shall comply
with all of the standards set forth in LCC 934.790.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 10/21/98; 99-121 ?13 eff 6/30/99]
932.895 Issuance, renewal and termination of
permit
(A)  The provisions set forth in subsection
(B) shall apply to all conditional use permits
issued for medical hardship dwellings.
(B)  Mandatory provisions.
(1) The conditional use permit shall be
reviewed within two years following approval.
Odd-numbered permits will be reviewed by July
1 in odd-numbered years and even-numbered
permits will be reviewed by July 1 in even-num-
bered years. A permit issued after April 1 but
932 - 16 LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE (Latest rev. March 31, 2004 )
Run time: April 16, 2004 (9:41:14am) Distribution
before July 1 shall remain valid until the next
scheduled review period.
(2) A permit may be renewed provided:
(a)  There is not a change of owner-
ship of the property;
(b)  A statement is submitted to the
Department verifying that the recipient of the
conditional use permit continues to reside on the
property and, if less than 65 years of age, verifica-
tion from a licensed Oregon physician affirming
that the hardship condition continues to exist;
(c)  The applicant has complied with
the conditions of issuance of the permit; and
(d)  No change has occurred which
invalidates the original decision to authorize the
permit.
(3) The permit renewal fee, if any, estab-
lished by order the Board shall be submitted with
the renewal request.
(4) Whenever a violation of the circum-
stances stated in paragraph (2) of subsection (B)
has occurred, the Department shall follow the
procedures specified in LCC Chapter 921 (Ad-
ministration of the Land Development Code) to
revoke the permit.
(5) If the permit is revoked, or the hard-
ship ceases, the conditional use permit holder
shall:
(a)  remove the manufactured dwell-
ing within 70 days, or
(b)  remove, demolish, or return the
existing building to an allowed non-residential use
within 3 months.
(6) Failure to comply with paragraph (5)
of this subsection shall constitute a violation of
this Development Code.
(7) This permit is not transferable to
other persons or property.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?13 eff 6/30/99]
IX. HISTORIC RESOURCES
932.900 Statement of Purpose
The purpose of LCC 932.900 to 932.950 is to
encourage preservation of significant historic
properties through a process of review of pro-
posed alterations and demolitions of these proper-
ties.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?13 eff 6/30/99]
932.905 Definitions
As used in LCC 932.900 to 932.950 , ?alter-
ation to an historic building, structure or
object? means any addition to, removal of, or
change in the exterior part of a property. The term
includes modification of the surface texture,
material or architectural detail of the exterior part
of a building, structure or object. The term does
not include altering the color of the paint.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?13 eff 6/30/99]
932.910 Application
In addition to the requirements of LCC
921.040, the provisions of LCC 932.900 to
932.950 apply to all properties listed in the Na-
tional Register or the Linn County Register of
Historic Resources which is maintained by the
Historic Resource Commission (HRC).
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?13 eff 6/30/99]
932.915 Alteration or demolition permit not
required
A permit is not required for the alteration or
demolition of a historic resource.
[Adopted 98-002 ?3 eff 3/4/98]
932.920 Removal from Linn County Historical
Register
(A)  An applicant may request that the appli-
cant?s historical resource be removed from the
Linn County Historical Register. The HRC shall
grant the request.
(B)  If the historic resource removed from the
Linn County Historical Register is in the HRO,
then the resource shall revert to a use allowed, or
permitted in the zoning district. If the Overlay is
removed only the regulations of the underlying
zoning district remain.
[Adopted 98-002 ?3 eff 3/4/98]
(Latest rev. March 31, 2004 ) LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE 932 - 17
Distribution Run time: April 16, 2004 (9:41:14am)
932.925 Alteration or demolition certification
required
(A)  Policy requiring certificate.
(1) Instead of an alteration or demolition
permit, an alteration or a demolition certificate by
the landowner meeting the requirements of sub-
section (B) is required to help establish the time-
frame and locational information needed for the
replacement of certain structures and to notify the
County Assessor of the removal of taxable im-
provements.
(2) This certificate will also be used to
bring proposed demolition activities to the atten-
tion of the Historic Resource Coordinator or the
Historic Resource Commission.
(B)  Certificate.
(1) A certificate is required for alteration
or demolition of any property listed in the Na-
tional Register of Historic Places at the time that
LCC 932.900 to 932.950 is adopted and for any
property listed in the Linn County Register of
Historic Resources.
(2) Exception. A certificate is not re-
quired under LCC 932.900 to 932.950 for alter-
ation of a property when review of the proposed
alteration is required by an agency of the state or
federal government.
(3) Alteration to an historic site means
any change of the terrain within the site boundary
which would diminish the information potential or
associative value of the site.
(4) Nothing in LCC 932.900 to 932.950
shall be construed to prevent the ordinary mainte-
nance or repair of any exterior architectural fea-
ture on any property covered by this section that
does not involve a change in design, material or
external appearance. Nor does this prevent the
construction, reconstruction, alteration, restora-
tion, demolition or removal of any such feature
when the building official determines that such
emergency action is required for the public safety
due to an unsafe or dangerous condition. Prior to
such emergency action, notification shall be
provided to the Historic Resource Commission.
(5) Any proposed changes that would
potentially affect the exterior of a qualifying
historic dwelling shall be reviewed and approved
by the HRC before they are initiated. Such review
and approval shall be required as a condition of
approval attached to the land use decision.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-121 ?13 eff
6/30/99]
932.930 Review procedure
The Historic Resource Commission shall
review applications for certificates for alteration
and demolition according to the applicable provi-
sions of LCC 933.930 and 921.700 to 921.740.
[Adopted 98-002 ?3 eff 3/4/98]
932.935 Historic Resource Commission action
(A)  Alteration. In the case of a request for a
certificate for alteration of an historic property
listed in the Linn County Register of Historic
Resources, the Historic Resource Commission
shall either:
(1) Approve the request as submitted.
(2) Approve the request with modifica-
tions.
(3) Delay final decision on the request
for up to 60 days to allow time for an alternative
to the alteration being requested. At the end of the
60 day delay period, the Historic Resource Com-
mission shall approve the request, approve the
request with modifications or deny the request.
(4) Deny the request.
(B)  Demolition. In the case of an application
for demolition of properties listed in the Linn
County Register of Historic Resources, the His-
toric Resource Commission shall order either:
(1) Immediate issuance of the certificate;
or
(2) Delay of issuance of the certificate
for up to 180 calendar days.
(C)  During this period, the Historic Resource
Commission shall attempt to determine if public
or private acquisition and preservation is feasible
or if other alternatives are possible which could
prevent demolition of the site or property.
[Adopted 98-002 ?3 eff 3/4/98]
932.940 Decision criteria
(A)  To preserve the historic architectural
integrity and provide for building safety of historic
932 - 18 LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE (Latest rev. March 31, 2004 )
Run time: April 16, 2004 (9:41:14am) Distribution
properties, recommendations concerning alter-
ations shall be based on the following:
(1) The standards in LCC 932.945 ; and
(2) Applicable state and local codes and
ordinances related to building, fire and life safety.
(B)  The Historic Resource Commission shall
order immediate issuance of a demolition certifi-
cate if it finds all of the following:
(1) The property cannot be economically
rehabilitated;
(2) A program or project does not exist
which may result in preservation of the property;
(3) Delay of the certificate would result
in unnecessary and substantial hardship to the
applicant;
(4) Issuance of the certificate will not act
to the substantial detriment of the public welfare
considering the significance of the property and
the economic, cultural and energy consequences
of demolishing the property; or
(5) No other reasonable alternative to
demolition exists.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?13 eff 6/30/99]
932.945 Historic property alteration review
standards
The standards set forth in LCC 934.430 shall
apply to the alteration of historic property.
[Adopted 98-002 ?3 eff 3/4/98]
Statutory References and Other Authorities:
ORS 197; 203; 215; Fence v. Jackson County, 135
Or App 574, 900 P2d 524 (1995)
Legislative History of Chapter 932:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
1# 98-432 eff 10/21/98
#2 99-121 ?13 eff 6/30/99
#3 99-156 ?8 eff 6/30/99
#4 04-056 ?2 eff 3/31/04
(Latest rev. March 31, 2004 ) LINN COUNTY ? SPECIFIC CONDITIONAL USES CODE 932 - 19
Distribution Run time: April 16, 2004 (9:41:14am)
[This page is intentionally blank]
(Latest rev. August 21, 2002)              LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE 933 - 1
Distribution Run time: April 4, 2003 (1:11:29pm)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 5 ? Conditions, Requirements, Development Standards & Criteria
CHAPTER 933
CONDITIONS OF APPROVAL AND DECI-
SION CRITERIA CODE
TABLE OF CONTENTS
   Section Title
  933.005 Title; short title
I. PERMIT CONDITIONS
933.100 Conditions; generally
933.110 Performance security
II. CONDITIONS OF APPROVAL; REQUIREMENTS
933.140 Approved septic system standards
933.150 Waiver of remonstrance
933.160 Compliance with CABO and the UBC
933.170 Stocking survey reports
933.180 Lawfully established dwellings
933.190 Final use requirements
933.195 Property used for religious purposes
III. GENERAL CONDITIONAL USES DECISION
CRITERIA
933.200 Statement of purpose
933.220 Decision criteria
IV. URBAN GROWTH AREA ZONE (UGAZ) CONDI-
TIONAL USES CRITERIA
933.250 Statement of purpose
933.260 UGAZ decision criteria
V. RRZ CONDITIONAL USES DECISION CRITERIA
933.300 Statement of purpose
933.310 RRZ conditional uses; generally
933.400 Dwellings in conjunction with farm use
933.410 Accessory farm dwellings
933.420 Farm-relative dwellings
933.500 Class-IV or worse dwellings
933.510 Class-VI or worse dwellings
933.705 Pre-85 single-family dwellings; generally
933.706 Pre-85 non-HVFL dwellings
933.707 Pre-85 HVFL-2 dwellings
933.708 Pre-85 HVFL-1 dwellings
933.720 Pre-85 forestland dwelling
933.740 Large tract forestland dwelling
933.750 Alternative forestland dwellings
933.760 Small forest homestead dwellings
933.770 Forest resource dwellings
933.780 Caretaker residences in the F/F
933.790 Wildlife management dwelling
933.800 Medical hardship dwellings
933.900 Transportation improvements
933.910 Soil classifications; changing
933.920 Soil classifications; NRCS edition
933.930 Decision criteria for parks
Statutory References and Other Authorities
Legislative History of Chapter 933
933.005 Title; short title
This Chapter, LCC 933.005 to 933.999, shall
be known and cited as the ?Linn County Condi-
tions, Requirements, and Decision Criteria Code.?
This Chapter may also be referred to and cited as
the ?Conditions, Requirements, and Decision
Criteria Code.?
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?14 eff 6/30/99]
I. PERMIT CONDITIONS
933.100 Conditions; generally
(A)  Additional conditions. Any land develop-
ment decision resulting from a review required by
the Land Development Code, may be subject to
the imposition of permit conditions. These permit
conditions are those determined to be reasonably
necessary to ensure compliance with the intent of
the Land Development Code and the Comprehen-
933 - 2 LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE               (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:11:29pm) Distribution
sive Plan and to aid in achieving compatibility
with the applicable decision criteria. The permit
conditions may include, but are not limited to:
(1) Limiting the manner in which the use
is conducted, including restricting the time a
certain activity may take place and restraints to
minimize such environmental effects including,
but not limited to noise, vibration, air pollution,
glare and odor;
(2) Establishing a special yard or other
open space or land area or dimension;
(3) Limiting the height, size or location
of a building or other structure;
(4) Designating the size, number, loca-
tion and nature of vehicle access points;
(5) Increasing the amount of road dedica-
tion, roadway width or improvements within the
road right-of-way, including bonding for improve-
ments;
(6) Designating the size, location, screen-
ing, drainage, surfacing or other improvements of
a parking area, truck loading area and vehicle
circulation area;
(7) Limiting or otherwise designating the
number, size, location, height and lighting of
signs;
(8) Limiting the location and intensity of
outdoor lighting and requiring its shielding;
(9) Requiring diking, screening, land-
scaping or other improvement to protect adjacent
or nearby property and designating standards for
the installation and maintenance of the required
improvement;
(10) Imposing the time period within
which the proposed use shall be developed;
(11) Establishing the duration of uses
permitted, except for uses permitted outright;
(12) Designating the size, height, loca-
tion and materials for a fence;
(13) Protecting and preserving existing
trees, vegetation, water resources, wildlife habitat,
or other significant natural resources;
(14) Requiring that public facilities are
adequate to serve the proposed use;
(15) Requiring the recording of deed
covenants;
(16) Attaching applicable city develop-
ment standards, including deed covenants for
annexation, development to minimum site design
standards and other requirements necessary to
implement urbanization policies;
(17) Such other conditions as will make
possible the development of the county in an
orderly and efficient manner conforming with the
intent and purposes set forth in this Land Devel-
opment Code and the Comprehensive Plan.
(B)  Permit conditions are final. Permit
conditions established as part of any decision are
final and binding.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
933.110 Performance security
(A)  A performance security required by the
Land Development Code shall comply with this
section.
(B)  Performance security requirements.
(1) The performance security shall be for
a sum determined by the County Engineer.
(2) The security required by paragraph
(1) of this subsection must be sufficient to cover
the cost the improvement for which the security is
required. The costs may include such as but not
limited to:
(a)  creating, completing, repairing,
restoring or rehabilitating roads.
(b)  lagoons, public parks, play-
grounds, community wells.
(c) truck route and reclamation
plans.
(d) any repairs that may be required
for diminished quality of existing public improve-
ments.
(e)  an additional percentage as
determined by the Engineer to cover any inflation-
ary costs which may be incurred during the period
of performance.
(3) The form of the performance security
may be a surety bond, cash deposit, or letter of
credit.
(a)  A surety bond. The applicant
shall file the bond with the County Treasurer. The
bond must be executed by a surety company
(Latest rev. August 21, 2002)              LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE 933 - 3
Distribution Run time: April 4, 2003 (1:11:29pm)
authorized to transact business in the State of
Oregon on a form approved by County Counsel.
(b)  A cash deposit. The applicant
shall deposit the amount determined by the
County Engineer with the County Treasurer.
(c)  Other security. A security
deposit other than a bond or cash deposit shall be
of a kind and filed in a manner approved by the
Board.
(C) If the Board determines that the applicant
has satisfied the conditions requiring the perfor-
mance security, the security shall be released
subject to written authorization of the County
Engineer.
(D)  If the Board determines that the applicant
has failed to satisfy the conditions requiring the
performance security, and if the county has un-
reimbursed costs or expenses resulting from such
failure, the Board shall collect the costs created by
the failure to perform as follows:
(1) if the applicant posted a bond, the
Board shall collect on the bond.
(2) If the applicant made a cash deposit,
not later than the 10th calendar day after the
determination by the Board that the applicant has
failed to perform, the County Treasurer shall pay
into the general fund that portion of the deposit
needed to reimburse the county for the costs. If
any portion remains after the costs have been paid,
the Treasurer shall refund the portion to the
applicant. If the costs exceed the amount of the
deposit, the applicant shall pay to the Treasurer
the amount of the excess costs.
(3) If the applicant made a security
deposit other than a bond or cash then, not later
than the 10th day after the failure to perform, the
Board shall negotiate or otherwise collect on as
much of the security deposit as necessary to
reimburse the County for the costs and shall pay
the proceeds into the general fund of the County.
(E)  If the amount of security exceeds the cost
and expenses, the Board shall release the remain-
der of the security. If the amount of the security is
less than the cost and expense incurred, the appli-
cant shall be liable to the County for the differ-
ence.
[Adopted 98-002 ?3 eff 3/4/98]
II. CONDITIONS OF APPROVAL;
REQUIREMENTS
933.140 Approved septic system standards
(A)  Except as provided in subsection (B) of
this section, an approved septic system shall be
located within the property boundaries of each
proposed authorized unit of land and be located
within the zoning district that allows the use being
proposed.
(B)  Exceptions.
(1) Existing off-site sewage lagoons,
regulated by the Department of Environmental
Quality (DEQ), may be used for development on
land in commercial or industrial zoning districts.
(2) Holding tanks, regulated by DEQ, on
land that cannot support an approved septic
system authorized by the Environmental Health
Program. A holding tank must nonetheless be
located on the subject property.
(3) In the Rural Resource Zone, approval
for a septic system may not be required if there is
no existing development on the property and if no
development is proposed for the property or if the
proposed development would not contain any
plumbing.
(4) Drainfield repairs for lawful, pre-
existing uses may be made off-site, if the Environ-
mental Health Program determines that repairs
cannot be made on-site.
[Adopted 98-002 98-002 ?3 eff 3/4/98; amd 98-432 eff 10/21/98]
933.150 Waiver of remonstrance
(A)  The Director shall require as a condition
of approval of a single-family dwelling, including
the replacement of a lawfully established dwell-
ing, under the Land Development Code in a farm
or forest zone, that the landowner for the dwelling
sign and record in the deed records for the county
a document binding the landowner, and the land-
owner's successors in interest, prohibiting them
from pursuing a claim for relief or cause of action
alleging injury from farming or forest practices for
933 - 4 LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE               (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:11:29pm) Distribution
which no action or claim is allowed under ORS
30.936 or 30.937.
(B) The Director shall require as a condition
of approval of a use limited or prohibited within
an ARO, that the owner of property seeking
approval of that use first sign and record in the
deed records for the county a document binding
the landowner, and the landowner?s successors in
interest, prohibiting them from pursuing a claim
for relief or cause of action alleging injury from
mining within the ARO.
[Adopted 97-200 98-002 ?3 eff 3/4/98; amd 98-432 eff 10/21/98; 99-121 ?14 eff
6/30/99; amd 99-156 ?9 eff 6/30/99]
933.160 Compliance with CABO and the UBC
(a) Review and decision on a single-family
dwelling must comply with the Oregon One and
Two Family Dwelling Code (CABO) and the
Uniform Building Code.
(B)  For purposes of determining a single-
family dwelling, the following factors shall be
considered when determining the existence of a
dwelling unit. A single dwelling unit exists when
there is:
(1) a single collection of one or more
habitable rooms with:
(a)  cooking,
(b)  sleeping, and
(c)  sanitary facilities;
(2) designed and occupied, or is capable
of being occupied; and
(3) capable of maintaining one household
as a separate living quarter for the exclusive use of
a single family.
(C)  When considering whether more than
one dwelling unit is present in a structure or on a
unit of land, the following factors may be consid-
ered, such as, whether:
(1) there is any reasonable combination
of rooms and facilities present that could support
more than one household as separate living quar-
ters;
(2) one or more of the rooms described in
(C) (1) are shared by both areas because of the
absence of those rooms in one of the areas; and
(3) there is one roof, one front door, one
potable water source, one septic system, one
power meter and one address.
(D)  If a habitable structure, or a portion
thereof, has a roof, wall or floor in common with
any other portion of that structure, and both
portions have a cooking facility each dwelling
may constitute separate living quarters.
[Adopted 98-002 ?3 eff 3/4/98]
933.170 Stocking survey reports
The decision maker shall require as a condi-
tion of approval of a single-family dwelling
allowed under LCC 933.720, 933.740, or 933.750
on lands zoned forestland that, if the authorized
unit of land is more than 10 acres, the property
owner submit a stocking survey report to the
County Assessor and the Assessor verifies that the
minimum stocking requirements adopted under
ORS 527.610 to 527.770 have been met.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 eff 10/21/98]
933.180 Lawfully established dwellings
(A)  As used in the Land Development Code,
the alteration, restoration, or replacement of a
lawfully established dwelling must meet the
criteria in subsection (B).
(B)  Decision criteria. The dwelling must
have:
(1) intact exterior walls and roof struc-
ture;
(2) indoor plumbing consisting of
kitchen sink, toilet and bathing facilities con-
nected to a sanitary waste disposal system;
(3) interior wiring for interior lights; and
(4) a heating system;
(C)  In the case of replacement, the original
dwelling shall be removed, demolished or con-
verted to an allowable nonresidential use within
three months of the construction or the placement
of the replacing single-family dwelling.
(D)  A replacement dwelling may be sited on
any part of the same authorized unit of land.
(E)  The replacement dwelling shall comply
with all applicable siting standards. However, the
standards shall not be applied in a manner that
prohibits the siting of the dwelling.
(Latest rev. August 21, 2002)              LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE 933 - 5
Distribution Run time: April 4, 2003 (1:11:29pm)
(F)  If the dwelling to be replaced is located
on a portion of the authorized unit of land not
zoned for exclusive farm use, the applicant, as a
condition of approval, shall execute and record in
the deed records for the county where the property
is located a deed restriction prohibiting the siting
of a dwelling on that portion of the authorized unit
of land in the EFU zoning district. The restriction
imposed shall be irrevocable unless a statement of
release is placed in the deed records for the
county. The release shall be signed by the Director
and state that the provisions of this subsection
regarding replacement dwellings have changed to
allow the siting of another dwelling.
(G)  The Director shall maintain a record of
the authorized units of land that do not qualify for
the siting of a new dwelling under the provisions
of this subsection, including a copy of the deed
restrictions and release statements filed under this
subsection.
[Adopted 97-200 98-002 ?3 eff 3/4/98; amd 98-432 eff 10/21/98; 99-121 ?14 eff
6/30/99]
933.190 Final use requirements
(A) The definitions set forth in LCC 939.030
apply to this section.
(B)  Final uses in areas not under an ARO.
(1) Each mining area in an area not under
an ARO shall be reclaimed to a final use set forth
in paragraph (2) of this subsection and shall be
accomplished:
(a)  as specified in a reclamation
plan approved by DOGAMI; or
(b)  in compliance with conditions of
operation imposed by DSL.
(2) Final uses authorized in areas not
under an ARO are:
(a)  The uses allowed outright in the
zoning district.
(b)  The uses permitted in the zoning
district if approved.
(c)  Recreational uses permitted in
the Exclusive Farm Use (EFU), Farm/Forest (F/F)
or Forest Conservation and Management (FCM)
zoning districts;
(d)  Fish or wildlife habitat or man-
agement facilities; or
(e)  Public and private hunting or
fishing preserves.
(3) When mining is completed on prop-
erty not under an ARO and reclamation activities
are scheduled to begin, the operator may submit a
new, proposed final use and reclamation plan for
review by the decision maker. When the decision
maker finds that the new proposal is more suit-
able, the new final use and reclamation plan may
substitute for the original proposal provided the
landowner, permitee, DOGAMI, DSL, and the
County approve.
(C)  Final uses in areas under an ARO.
(1) Each mining area under an ARO,
shall be reclaimed to a final use as set forth in
paragraph (2) of this subsection and be accom-
plished as specified in a DOGAMI approved
reclamation plan or in compliance with the DSL
conditions of operation.
(2) The uses set forth in this subsection
are authorized within an ARO as a final use
subject to any limitations set forth in this subsec-
tion:
(a)  The uses allowed outright in the
parent zoning district.
(b)  The uses permitted in the parent
zoning district if approved pursuant to the proce-
dure for permitting such uses in the underlying
zoning district.
(c)  Recreational use permitted in the
EFU, F/F and FCM zoning districts;
(d)  Fish or wildlife habitat including
habitat management facilities; or
(e)  Public or private hunting or
fishing preserves as permitted in the EFU, F/F and
FCM zoning districts.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 eff 10/21/98; 99-156 ?9 eff 6/30/99]
933.195 Property used for religious purposes
(A)  If a church, synagogue, temple, mosque,
chapel, meeting house or other nonresidential
place of worship is allowed in a zoning district,
the reasonable use of the property for activities
customarily associated with the practices of the
religious activity, including worship services,
religion classes, weddings, funerals, child care and
933 - 6 LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE               (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:11:29pm) Distribution
meal programs shall be allowed. However, this
does not include private or parochial school
education for pre-kindergarten through grade 12
or higher education.
(B)  The decision maker may:
(1) subject the property described in
subsection (A) to reasonable regulations, includ-
ing site review or design review, concerning the
physical characteristics of the uses authorized
under subsection (A); or
(2) prohibit or restrict the use of property
by a place of worship described in subsection (A)
if it finds that the level of service of public facili-
ties, including transportation, water supply, sewer
and storm drain systems is not adequate to serve
the place of worship.
(C)  Notwithstanding any other provision of
this Code, the decision maker may allow a private
or parochial school for pre-kindergarten through
grade 12 or higher education to be sited under
applicable Code requirements.
[Adopted 02-313 ?5 eff 8/21/02]
III. GENERAL CONDITIONAL USES DE-
CISION CRITERIA
933.200 Statement of purpose
(a)  All uses permitted conditionally are
declared to be possessing such unique and special
characteristics as to make impractical their being
included as outright uses in any of the various
zoning districts. Therefore the location and opera-
tion of conditional uses are subject to review and
the issuance of a conditional use permit.
(B)  The purpose of review shall be to deter-
mine:
(1) whether the proposed use is consis-
tent with the purpose of this Development Code,
and is compatible with the types of uses existing
or proposed in the surrounding area or can be
made compatible through the imposition of condi-
tions or requirements, and
(2) what conditions may reasonably be
required for a proposed use.
[Adopted 98-002 ?3 eff 3/4/98]
933.220 Decision criteria
(A)  Whenever a provision of this Land
Development Code provides separate review
criteria, the decision criteria set forth in subsection
(C) shall not be applicable unless the decision
criteria are included by reference.
(B)  A conditional use permit, except as
provided in (A) above, shall be granted if on the
basis of the application, investigation, testimony,
and evidence submitted, findings and conclusions
show that all of the criteria set forth in subsection
(C) have been met.
(C)  Decision criteria.
(1)The use will be consistent with the
affected zoning district?s statement of purpose;
(2) The location, size, design and operat-
ing characteristics of the proposed development
will be made reasonably compatible with and have
minimal impact on the livability and appropriate
development of abutting properties and the sur-
rounding neighborhood, with consideration given
to
(a)  scale, bulk, coverage and den-
sity;
(b)  availability of public facilities
and utilities;
(c)  traffic generation and the capac-
ity of the surrounding road network; and
(d)  other related impacts of the
development.
(3) The proposed development site has
the physical characteristics needed to support the
use such as, but not limited to the following:
(a)   access;
(b)  suitability for on-site, subsurface
sewage treatment system;
(c)  an adequate supply of potable
water;
(d) location outside of a mapped
geologic hazard area or of a 100-year flood plain
unless it is demonstrated that the use can be
designed and engineered to comply with accepted
hazard-mitigation requirements; and
(Latest rev. August 21, 2002)              LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE 933 - 7
Distribution Run time: April 4, 2003 (1:11:29pm)
(4) The use will not have a significant
adverse impact on sensitive fish or wildlife habi-
tat.
[Adopted 98-002 ?3 eff 3/4/98]
IV. URBAN GROWTH AREA ZONE
(UGAZ) CONDITIONAL USES CRITERIA
933.250 Statement of purpose
(A)  The purpose of LCC 933.250 to 933.260
is to protect lands within urban growth areas.
These lands are available for future annexation
and urban development and incompatible interim
uses are not allowed.
(B)  LCC 933.250 to 933.260 establishes the
decision criteria under which conditionally uses
may be permitted.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 eff 10/21/98]
933.260 UGAZ decision criteria
(A)  The location of any use described as a
conditional use within the UGAZ may be permit-
ted if, on the basis of the application, investiga-
tion, testimony and evidence submitted, findings
and conclusions show that all the criteria in sub-
section (B) have been met.
(B)  Decision criteria.
(1) The proposed development is permit-
ted and is consistent with the affected city?s com-
prehensive plan map designations and the future
city zoning.
(2) The location, size, design and operat-
ing characteristics of the proposed development
are compatible with future development allowed
by the affected city?s comprehensive plan map
designation.
(3) The affected city has reviewed the
proposal and has not identified any substantial
conflicts with its Comprehensive Plan, Facilities
Plans or development standards.
(4) The location, design and site planning
of the proposed development does not:
(a)  preclude future urban develop-
ment on the subject property or adjacent proper-
ties; or
(b)  conflict with future location and
placement of streets and services.
(5) If the proposed development has the
potential to generate conflicts which have been
determined to be detrimental to the public health,
safety and general welfare or to the overall livabil-
ity of the neighborhood, then the development
shall not be permitted without mitigations. The
mitigations will be determined by the decision-
maker. Potential conflicts include, but are not
limited to noise, vibration, smoke, dust, odor,
fumes, heat, glare or electromagnetic interference.
(6) The proposed site
(a)  can support an on-site, subsur-
face sewage disposal system, and
(b)  has an adequate supply of
potable water.
(7) Traffic generated from the site can be
adequately served by the road system servicing the
site.
(8) Road access meets County standards
as found in section 3.2 of the Linn County Trans-
portation Element of the Comprehensive Plan.
(9) The proposed development site is
located outside of a mapped geologic hazard area
or of a 100-year flood plain unless it is demon-
strated that the use can be designed and engi-
neered to comply with accepted hazard-mitigation
requirements.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?14 eff 6/30/99]
V. RRZ CONDITIONAL USES DECISION
CRITERIA
933.300 Statement of purpose
The purpose of LCC 933.300 to 933.999 is to
establish decision criteria to carry out the policies
in LCC Chapter 928 (Rural Resource Zone Code).
[Adopted 98-002 ?3 eff 3/4/98]
933.310 RRZ conditional uses; generally
(A)  Conditional uses permitted in LCC
928.320 to 928.336, 928.620 to 928.636 and
928.920 to 928.936, or a partition authorized
under LCC 924.500 to 924.800, may be permitted
in the Rural Resource Zone, provided the decision
933 - 8 LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE               (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:11:29pm) Distribution
criteria in subsection (B), any additional criteria
that may be specified in this section, and other
requirements of law are met.
(B)  Decision criteria.
(1) The development site has physical
characteristics needed to support the use. Those
characteristics include, but are not limited to,
suitability for a sewage treatment system and an
adequate supply of potable water.
(2) The development will not be located
within a mapped geologic hazard area or within a
100-year floodplain unless it is demonstrated that
the proposal can be designed and engineered to
comply with accepted hazard mitigation require-
ments.
(3) The proposal will not have a signifi-
cant adverse impact on sensitive fish or wildlife
habitat.
(4) The proposed use will not force a
significant change in, or significantly increase the
cost of, accepted farm or forest practices on
surrounding lands devoted to farm or forest use.
(5) If in the forest area of the F/F or in
the FCM zoning districts, the proposed use will
not significantly increase fire hazard or signifi-
cantly increase fire suppression costs or signifi-
cantly increase risks to fire suppression personnel.
(6) The location, size, design and operat-
ing characteristics of the proposed development
will be made reasonably compatible with and have
minimal impact on the livability and appropriate
development of nearby property. The proposed
use will be reviewed with respect to scale, bulk,
coverage, density, the availability of necessary
public facilities and utilities, traffic generation,
road capacity and safety and to other related
impacts of the proposal.
(7) If in the forest area of the F/F or in
the FCM zoning districts, a written statement
recorded with the deed or written contract with the
county is obtained from the land owner which
recognizes the rights of adjacent and nearby land
owners to conduct forest operations consistent
with the Forest Practices Act and Rules for the
following uses.
(a)  parks and campgrounds;
(b)  reservoirs and impoundments;
(c)  medical hardship dwellings;
(d)  home occupations; and
(e)  private accommodations for
fishing.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 eff 10/21/98]
933.400 Dwellings in conjunction with farm
use
A dwelling may be considered customarily
provided in conjunction with farm use in the EFU
or in a farm area of the F/F zoning district if it
meets the criteria set out in this section and the
criteria found in LCC 933.310 (B) (1) to (3).
(A)  Property Size Test. On land identified as
non-HVFL, a dwelling may be considered custom-
arily provided in conjunction with farm use if the
criteria and requirements for the size test in this
subsection are met.
(1) The authorized unit of land on which
the dwelling will be located is at least 160 acres;
(2) The tract is currently employed for
farm use as defined in ORS 215.203;
(3) The dwelling will be occupied by a
person or persons who will be principally engaged
in the farm use of the land (such as planting,
harvesting, marketing or caring for livestock) at a
commercial scale; and
(4) Except as permitted in ORS 215.283
(1) (p) (1999 edition), there is no other dwelling
on the subject tract.
(B)  Median Income and Size Test. On land
identified as non-HVFL pursuant to OAR 660-33-
020 (8), a dwelling may be considered customarily
provided in conjunction with farm use if the
criteria and requirements for the median test in
this subsection is satisfied.
(1) The subject tract is at least as large as
the median size of those commercial farm or
ranch tracts capable of generating at least $10,000
in annual gross sales that are located within a
study area which includes all tracts wholly or
partially within one mile from the perimeter of the
subject tract;
(2) The subject tract is capable of pro-
ducing at least the median level of annual gross
(Latest rev. August 21, 2002)              LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE 933 - 9
Distribution Run time: April 4, 2003 (1:11:29pm)
sales of county indicator crops as the same com-
mercial farm or ranch tracts used to calculate the
tract size in OAR 660-33-135 (2) (a);
(3) The subject tract is currently em-
ployed for a farm use, as defined in ORS 215.203,
at a level capable of producing the annual gross
sales required in OAR 660-33-135 (2) (b);
(4) The subject authorized unit of land on
which the dwelling is proposed is not less than 10
acres;
(5) Except as permitted in ORS 215.283
(1) (p) (1999 edition), there is no other dwelling
on the subject tract;
(6)  The dwelling will be occupied by a
person or persons who will be principally engaged
in the farm use of the land, such as planting,
harvesting, marketing or caring for livestock, at a
commercial scale;
(7) If no farm use has been established at
the time of application, land use approval shall be
subject to a condition that no building permit may
be issued prior to the establishment of the farm
use required by OAR 660-33-135 (2) (c).
(a)  In order to identify the commer-
cial farm or ranch tracts to be used in OAR 660-
33-135 (2), the gross sales capability of each tract
in the study area including the subject tract must
be determined, using the gross sales figures
provided by the LCDC or equivalent figures
provided by another source.
(b)  Identify the study area. This
includes all the land in the tracts wholly or par-
tially within one mile of the perimeter of the
subject tract;
(c)  Determine for each tract in the
study area the number of acres in every land
classification from the assessor?s data;
(d)  Determine the potential earning
capability for each tract by multiplying the num-
ber of acres in each land class by the gross sales
per acre for each land class provided by the Com-
mission pursuant to OAR 660-33-135 (4). Add
these to obtain the potential earning capability for
each tract;
(e)  Identify those tracts capable of
grossing at least $10,000 dollars based on the data
generated in OAR 660-33-135 (3) (c); and
(f)  Determine the median size and
median gross sales capability for those tracts
capable of generating at least $10,000 dollars in
annual gross sales to use in OAR 660-33-135 (2)
(a) and (b).
(C)  Income test for non-HVFL. On land
identified as non-HVFL, a dwelling may be
considered customarily provided in conjunction
with farm use if the criteria set forth in this sub-
section are met.
(1) The subject tract is currently em-
ployed for the farm use, as defined in ORS
215.203, and the tract has produced in each of the
last two years, or three of the last five years, the
lower of subparagraph (a) or (b).
(a)  At least $40,000in gross annual
income from the sale of farm products; or
(b)  Gross annual income of at least
the midpoint of the median income range of gross
annual sales for farms in the county with gross
annual sales of $10,000 or more according to the
1992 Census of Agriculture, Oregon.
(2) Except as permitted in ORS 215.283
(1) (p) (1999 edition), there is no other dwelling
onlands zoned for farm or forest use owned by the
farm or ranch operator or on the farm or ranch
operation.
(3) The dwelling will be occupied by a
person or persons who produced the commodities
which grossed the income in this subsection
(OAR 660-33-135 (5) (a)).
(4) In determining the gross income
required in paragraph (1) of this subsection;
(a)  The cost of purchased livestock
shall be deducted from the total gross income
attributed to the farm or ranch operation;
(b)  Only gross income from land
owned, not leased or rented, shall be counted; and
(c)  Gross farm income earned from
a unit of land which has been used previously to
qualify another unit of land for the construction or
siting of a primary farm dwelling may not be used.
933 - 10 LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE               (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:11:29pm) Distribution
(D)  Income Test for HVFL. On land identi-
fied as HVFL, a dwelling may be considered
customarily provided in conjunction with farm use
if the criteria set forth in this subsection are
satisfied.
(1) The subject tract is currently em-
ployed for the farm use, as defined in ORS
215.203, and the tract has produced at least
$80,000 in gross annual income from the sale of
farm products in each of the last two years, or
three of the last five years.
(2) In determining the gross income in
paragraph (1) of this subsection:
(a)  the cost of purchased livestock
shall be deducted from the total gross income
attributed to the farm or ranch operation.
(b)  Only gross income from land
owned, not leased or rented, shall be counted; and
(c)  Gross farm income earned from
a unit of land which has been used previously to
qualify another unit of land for the construction or
siting of a primary farm dwelling may not be used.
(3) Except as permitted in ORS 215.283
(1) (p) (1999 edition), there is no other dwelling
on lands zoned for farm or forest use owned by
the farm or ranch operator or on the farm or ranch
operation.
(4) The dwelling will be occupied by a
person or persons who produced the commodities
which grossed the income in this subsection
(OAR 660-33-135 (6) (a)).
(E)  A dwelling may be considered custom-
arily provided in conjunction with a commercial
dairy farm if:
(1) The subject tract will be employed as
a commercial dairy as defined in this Code; and
(2) The dwelling is sited on the same
authorized unit of land as the buildings required
by the commercial dairy; and
(3) Except as permitted by ORS 215.283
(1) (p) (1999 edition), there is no other dwelling
on the subject tract; and
(4) The dwelling will be occupied by a
person or persons who will be principally engaged
in the operation of the commercial dairy farm,
such as the feeding, milking or pasturing of the
dairy animals or other farm use activities neces-
sary to the operation of the commercial dairy
farm; and
(5) The building permits, if required,
have been issued for and construction has begun
for the buildings and animal waste facilities
required for a commercial dairy farm; and
(6) The Oregon Department of Agricul-
ture has approved the following:
(a)  A permit for a ?confined animal
feeding operation? under ORS 468B.050 and ORS
468B.200 to 468B.230; and
(b)  A Producer License for the sale
of dairy products under ORS 621.072.
(F)  A dwelling may be considered custom-
arily provided in conjunction with farm use if:
(1) Within the previous two years, the
applicant owned and operated a farm or ranch
operation that earned the gross farm income in the
last five years or four of the last seven years as
required by LCC 933.400 (C) (1) (a) or (b), or
933.400 (D) (1), whichever is applicable;
(2) The authorized unit of land on which
the dwelling will be located is:
(a)  Currently employed for the farm
use, as defined in this Code, that produced in the
last two years or three of the last five years, the
gross farm income required by LCC 933.400 (C)
(1) (a) or (b), or 933.400 (D) (1), whichever is
applicable; and
(b)  At least 80 acres in size.
(3) Except as permitted in ORS 215.283
(1) (p) (1999 edition), there is no other dwelling
on the subject tract; and
(4) The dwelling will be occupied by a
person or persons who produced the commodities
which grossed the income required in paragraph
(1) of this subsection; 
(5) In determining the gross income
required in paragraphs (1) and (2) of this subsec-
tion:
(a)  The cost of purchased livestock
shall be deducted from the total gross income
attributed to the tract; and
(b)  Only gross income from land
owned, not leased or rented, shall be counted.
(Latest rev. August 21, 2002)              LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE 933 - 11
Distribution Run time: April 4, 2003 (1:11:29pm)
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-121 ?14 eff
6/30/99 (ref. ORS 215.283 (1) (f), OAR 660-033-0135)); amd 02-313 ?5 eff
8/21/02]
933.410 Accessory farm dwellings
(A)  An accessory farm dwelling may be
considered customarily provided in conjunction
with farm use in the EFU and in the farm area of
the F/F zoning districts if it meets all of the re-
quirements set forth in subsection (B) and LCC
933.310 (B) (1) to (3).
(B)  Decision criteria.
(1) An accessory farm dwelling approved
pursuant to this section will be occupied by a
person or persons who will be principally engaged
in the farm use of the land and whose seasonal or
year-round assistance in the management of the
farm use, such as planting, harvesting, marketing
or caring for livestock, is or will be required by
the farm operator.
(2) The accessory farm dwelling will be
located:
(a)  On the same authorized unit of
land as the primary farm dwelling; or
(b)  On the same tract as the primary
farm dwelling when the authorized unit of land on
which the accessory farm dwelling will be sited is
consolidated into a single authorized unit of land
with all other contiguous authorized units of land
in the tract; or
(c)  On an authorized unit of land on
which the primary farm dwelling is not located,
when the accessory farm dwelling is limited to
only a manufactured dwelling and a deed restric-
tion is filed with the County Clerk. The deed
restriction shall require the manufactured dwelling
to be removed when the authorized unit of land is
conveyed to another party. The manufactured
dwelling does not have to be removed if it is reap-
proved under the applicable rules; or
(d)  On an authorized unit of land on
which the primary farm dwelling is not located,
when the accessory farm dwelling is limited to
only attached multi-unit residential structures
allowed by the applicable state building code or
similar types of farm labor housing as existing
farm labor housing on the farm or ranch operation
registered with the Department of Consumer and
Business Services, Oregon Occupational Safety
and Health Division under ORS 658.750. All
accessory farm dwellings approved under this
section shall be removed, demolished or con-
verted to a nonresidential use when farm worker
housing is no longer required; or
(e)  On an authorized unit of land on
which the primary farm dwelling is not located,
when the accessory farm dwelling is located on an
authorized unit of land at least 80 acres in size and
the authorized unit of land complies with the gross
farm income requirements in LCC 933.400 (C) (1)
(a) or (b), or 933.400 (D) (1), whichever is appli-
cable; and
(3) There is no other dwelling on lands
owned by the farm operator that is vacant or
currently occupied by persons not working on the
subject farm or ranch that could reasonably be
used as an accessory farm dwelling; and
(4) Income Test. The primary farm
dwelling to which the proposed dwelling would
be accessory meets one of the following.
(a)  Non-HVFL. On land identified
as non-HVFL, the principal farm dwelling is
located on a farm or ranch operation that is cur-
rently employed for farm use, as defined in ORS
215.203, and produced in each of the last two
years or three of the last five years the lower of
subparagraphs (a) or (b).
(i)  At least $40,000 in gross
annual income from the sale of farm products. In
determining the gross income, the cost of pur-
chased livestock shall be deducted from the total
gross income attributed to the tract; or
(ii)  Gross annual income of at
least the midpoint of the median income range of
gross annual sales for farms in the county with
gross annual sales of $10,000 or more according
to the 1992 Census of Agriculture, Oregon. In
determining the gross income, the cost of pur-
chased livestock shall be deducted from the total
gross income attributed to the tract.
(b)  HVFL. On land identified as
HVFL, the principal farm dwelling is located on
a farm or ranch operation that is currently em-
933 - 12 LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE               (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:11:29pm) Distribution
ployed for farm use, as defined in ORS 215.203
which produced at least $80,000 in gross annual
income from the sale of farm products in each of
the last two years or three of the last five years.
(c)  It is located on a commercial
dairy farm as defined in this Code; and
(i)  The building permits, if
required, have been issued and construction has
begun or been completed for the buildings and
animal waste facilities required for a commercial
dairy farm; and
(ii)  The Oregon Department of
Agriculture has approved a permit for a ?confined
animal feeding operation? under ORS 468B.050
and ORS 468B.200 to 468B.230; and
(iii)  A Producer License for the
sale of dairy products under ORS 621.072.
(5) The County shall not approve any
proposed partition under LCC Chapter 924 (Parti-
tioning Code) for an accessory farm dwelling
unless that dwelling has been requalified as a
dwelling in conjunction with farm use and the
proposed parcels meet the minimum property size
requirement of LCC 924.500 (B) (OAR 660-033-
0100).
(6) An accessory farm dwelling cannot
later be used to satisfy the requirements for a non-
farm dwelling pursuant to OAR 660-33-130 (4).
(7) For purposes of this section, ?acces-
sory farm dwelling? includes all types of residen-
tial structures allowed by the applicable state
building code.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98 (ref. OAR 660-033-
0130 (24)); amd 02-313 ?5 eff 8/21/02]
933.420 Farm-relative dwellings
(A)  Farm-relative dwelling. A farm-relative
dwelling may be permitted on an authorized unit
of land in the EFU and in the farm area of the F/F
zoning districts if the criteria and requirements of
subsection (B) are met through a Type IIA review.
(B)  The dwelling shall be:
(1) for the relative of a farm operator,
(2) on property used for farm use;
(3) located on the same authorized unit
of land as the dwelling of the farm operator,.
(4) occupied by a child, parent, steppar-
ent, grandchild, grandparent, stepgrandparent,
sibling, stepsibling, niece, nephew or first cousin
of the farm operator or the farm operator?s spouse;
(5) be occupied by persons whose assis-
tance in the management and farm use of the
existing, commercial farming operation is re-
quired by the farm operator. The farm operator
shall continue to play the predominant role in the
management and farm use of the farm.
(6) The criteria in LCC 933.310 (B) (1)
to (3); and
(7) Requirement. No land division shall
be permitted until the farm-relative dwelling is
removed or otherwise authorized through another
land use action.
(8) If the owner of a dwelling described
in this section obtains construction financing or
other financing secured by the dwelling and the
secured party forecloses on the dwelling, the
secured party may also foreclose on the homesite,
as defined in ORS 308A.250, and the foreclosure
shall operate as a partition of the homesite to
create a new parcel. Prior conditions of approval
for the subject land and dwelling remain in effect.
(9) For purposes of this section, ?fore-
closure? means only those foreclosures that do
not meet the definition of partition under ORS
92.010 (7) (a).
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; amd 02-313 ?5 eff
8/21/02 (ref. ORS 215.283 (1) (e))]
933.500 Class-IV or worse dwellings
(A)  Class IV-or worse non-farm dwelling. A
single-family, Class-IV or worse dwelling not
provided in conjunction with farm use may be
permitted on an authorized unit of land in the EFU
and in the farm area of the F/F zoning districts, if
the criteria and requirements of subsection (B) are
met through a Type IIA review.
(B)  Decision criteria.
(1) The dwelling or activities associated
with the dwelling will not force a significant
change in or significantly increase the cost of
accepted farming or forest practices on nearby
lands devoted to farm or forest use.
(Latest rev. August 21, 2002)              LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE 933 - 13
Distribution Run time: April 4, 2003 (1:11:29pm)
(2) The dwelling will be sited on an
authorized unit of land that is predominantly
composed of Class IV through Class VIII soils
that would not, when irrigated, be classified as
prime, unique, Class I or Class II soils as deter-
mined in the Soil Survey or as determined by an
acceptable soils report submitted in accordance
with OAR 603-080-0040 by a soil scientist with
acceptable credentials as identified in OAR 603-
080-0030.
(3) The dwelling will be sited on an
authorized unit of land created before January 1,
1993.
(4) The dwelling will not materially alter
the stability of the overall land use pattern of the
area.
(a)  In determining whether a pro-
posed non-farm dwelling will alter the stability of
the land use pattern in the area, the hearing au-
thority shall consider the cumulative impact of
possible new non-farm dwellings and parcels on
other authorized units of land in the area similarly
situated.
(b)  To address this standard, the
hearing authority shall:
(a)  Identify a study area for the
cumulative impacts analysis.
(I)  The study area shall
include at least 2000 acres or a smaller area not
less than 1000 acres, if the smaller area is a dis-
tinct agricultural area based on topography, soil
types, land use pattern, or the type of farm or
ranch operations or practices that distinguish it
from other, adjacent agricultural areas.
(II)  Lands zoned for rural
residential or other urban or non-resource uses
shall not be included in the study area.
(ii)  Identify within the study
area the broad types of farm uses (irrigated or
nonirrigated crops, pasture or grazing lands), the
number, location and type of existing dwellings
(farm, non-farm, hardship, etc.), and the dwelling
development trends since 1993, and determine the
potential number of non-farm dwellings and pre-
85 dwellings that could be approved under LCC
933.706 and 933.707 and LCC 933.500, including
identification of predominant soil classifications,
the authorized units of land created prior to Janu-
ary 1, 1993 and the units larger than the minimum
property size that may be divided to create new
units for non-farm dwellings under LCC 933.510.
(iii)  Make findings that de-
scribe:
(I)  the study area;
(II)  its boundaries;
(III)  the location of the
subject authorized unit of land within this area;
(IV)  why the selected area
is representative of the land use pattern surround-
ing the subject unit and is adequate to conduct the
analysis required by this standard;
(V)  the existing land use
pattern of the study area including the distribution
and arrangement of existing uses and the land use
pattern that could result from approval of the
possible non-farm dwellings under this subpara-
graph; and
(VI)  whether approval of
the proposed non-farm dwellings and pre-85
dwellings together with existing non-farm dwell-
ings will materially alter the stability of the land
use pattern in the area. The stability of the land
use pattern will be materially altered if the cumu-
lative effect of existing and potential non-farm
dwellings will make it more difficult for the
existing types of farms in the area to continue
operation due to diminished opportunities to
expand, purchase or lease farmland, acquire water
rights or diminish the number of tracts or acreage
in farm use in a manner that will destabilize the
overall character of the study area.
(5) The dwelling complies with such
other conditions as the governing body or its
designate considers necessary.
(6) If a single-family dwelling is estab-
lished on an authorized unit of land as set forth in
LCC 933.705 to 933.750, no additional dwelling
may later be sited under this section.
(7) The property meets decision criteria
in LCC 933.310 (B) (1) to (4).
933 - 14 LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE               (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:11:29pm) Distribution
(8) Requirement. The property shall be
disqualified from special assessment pursuant to
ORS 215.236.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-121 ?14 eff
6/30/99 (ref. ORS 215.284 (1), OAR 660-033-0139=0 (4)); 00-498 ?1 eff 9/6/00]
933.510 Class-VI or worse dwellings
(A)  Class-VI or worse non-farm dwelling. A
new parcel for a single-family Class-VI or worse
dwelling not provided in conjunction with farm
use may be permitted on an authorized unit of
land the EFU and in the F/F zoning districts, if the
criteria and requirements of this subsection are
met through a Type II review.
(B)  Decision criteria.
(1) The originating parcel must have
been created before January 1, 1993.
(2) The originating authorized unit of
land is:
(a)  Equal to or larger than 100
acres; and
(b)  Is not stocked with trees to the
requirements under ORS 527.610 to 527.770; and
(c)  Is composed of at least 95
percent Class VI through Class VIII soils as
determined in the Soil Survey or as determined by
an acceptable soils report submitted in accordance
with OAR 603-080-0040 by a soil scientist with
acceptable credentials as identified in OAR 603-
080-0030; and
(d)  Is composed of at least 95
percent soils not capable or producing 50 cubic
feet per acre per year of wood fiber.
(3) Any parcel to be created for a dwell-
ing from the originating authorized unit of land
described in paragraph (1) of this subsection will
not be smaller than 20 acres.
(4) The dwelling or activities associated
with the dwelling allowed under this subsection
will not force a significant change in or signifi-
cantly increase the cost of accepted farming or
forest practices on nearby lands devoted to farm or
forest use.
(5) The dwelling will not materially alter
the stability of the overall land use pattern of the
area.
(a)  In determining whether a pro-
posed non-farm dwelling will alter the stability of
the land use pattern in the area, the hearing au-
thority shall consider the cumulative impact of
possible new non-farm dwellings and parcels on
other authorized units of land in the area similarly
situated.
(b)  To address this standard, the
hearing authority shall:
(i)  Identify a study area for the
cumulative impacts analysis.
(I)  The study area shall
include at least 2000 acres or a smaller area not
less than 1000 acres, if the smaller area is a dis-
tinct agricultural area based on topography, soil
types, land use pattern, or the type of farm or
ranch operations or practices that distinguish it
from other, adjacent agricultural areas.
(II)  Lands zoned for rural
residential or other urban or non-resource uses
shall not be included in the study area; 
(ii)  Identify within the study
area the broad types of farm uses (irrigated or
nonirrigated crops, pasture or grazing lands), the
number, location and type of existing dwellings
(farm, non-farm, hardship, etc.), and the dwelling
development trends since 1993, and determine the
potential number of non-farm dwellings and pre-
85 dwellings that could be approved under LCC
933.706 and 933.707 and LCC 933.500, including
identification of predominant soil classifications,
the authorized units of land created prior to Janu-
ary 1, 1993 and the units larger than the minimum
property size that may be divided to create new
units for non-farm dwellings under LCC 933.510.
(iii)  make findings that de-
scribe:
(I)  the study area;
(II)  its boundaries;
(III)  the location of the
subject authorized unit of land within this area;
(IV)  why the selected area
is representative of the land use pattern surround-
ing the subject unit and is adequate to conduct the
analysis required by this standard;
(Latest rev. August 21, 2002)              LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE 933 - 15
Distribution Run time: April 4, 2003 (1:11:29pm)
(V)  the existing land use
pattern of the study area including the distribution
and arrangement of existing uses and the land use
pattern that could result from approval of the
possible non-farm dwellings under this subpara-
graph; and
(VI)  whether approval of
the proposed non-farm dwellings and pre-85
dwellings together with existing non-farm dwell-
ings will materially alter the stability of the land
use pattern in the area. The stability of the land
use pattern will be materially altered if the cumu-
lative effect of existing and potential non-farm
dwellings will make it more difficult for the
existing types of farms in the area to continue
operation due to diminished opportunities to
expand, purchase or lease farmland, acquire water
rights or diminish the number of tracts or acreage
in farm use in a manner that will destabilize the
overall character of the study area
(6) The dwelling allowed under this
subsection complies with such other conditions as
the governing body or its designate considers
necessary.
(7) No final approval of a non-farm use
under this section shall be given unless any addi-
tional taxes imposed upon the change in use have
been paid.
(8) If a single-family dwelling is estab-
lished on an authorized unit of land as set forth in
LCC 933.705 to 933.750, no additional dwelling
may later be sited under this section.
(9) The criteria and requirements in LCC
933.310 (B) (1) to (4) are met.
(10) The partitioning criteria in LCC
924.005 to 928.460 (General Partitioning) are
met.
(11)The Director shall not approve a
subdivision or series partition for a dwelling under
this section. The provisions of this paragraph
regarding a series partition apply only to applica-
tions for a land division submitted after July 1,
1997. For purposes of this paragraph, ?series
partition? shall have the meaning given that term
in ORS 92.305.
(12) Requirement. The property shall be
disqualified from special assessment pursuant to
ORS 215.236.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-121 ?14 eff
6/30/99 (ref. ORS 215.284 (4), OAR 660-033-0100 (11)); 00-498 ?1 eff 9/6/00]
933.705 Pre-85 single-family dwellings; gener-
ally
(A)  Definitions.
(1) For purposes of LCC 933.705 to
933.708, the following definitions apply.
(a)  ?Owner? includes the wife,
husband, son, daughter, mother, father, brother,
brother-in-law, sister, sister-in-law, son-in-law,
daughter-in-law, mother-in-law, father-in-law,
aunt, uncle, niece, nephew, stepparent, stepchild,
grandparent or grandchild of the owner or a
business entity owned by any one or combination
of these family members.
(b)  ?Tract,? means only those units
of land and parts of any unit of land of a tract, as
that term is defined in LCC 920.100, that lie
within the Rural Resource Zone when:
(i)  the tract, as that term is
defined in LCC 920.100, is split-zoned into
resource-zoned and non-resource zoned property,
and
(ii)  at least one authorized unit
of land is wholly within the Rural Resource Zone.
(B)  General decision criteria for dwellings
authorized under LCC 933.705 to 933.720. The
criteria in this subsection apply to the establish-
ment of a single-family dwelling authorized under
the provisions of LCC 933.705 to 933.720.
(1) The authorized unit of land on which
the dwelling will be sited was lawfully created and
was acquired and was owned continuously by the
present owner:
(a)  Since prior to January 1, 1985;
or
(b)  By devise or by intestate succes-
sion from a person who acquired and had owned
continuously the authorized unit of land since
prior to January 1, 1985.
(2) The tract on which the dwelling will
be sited, as the tract existed on November 4, 1993,
does not include a dwelling.
933 - 16 LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE               (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:11:29pm) Distribution
(3) The proposed dwelling is not prohib-
ited by, and will comply with, the requirements of
the acknowledged comprehensive plan and land
use regulations and other provisions of law.
(4) The authorized unit of land on which
the dwelling will be sited, if in the EFU or in the
farm area of the F/F zoning district, is on:
(a)  non-HVFL as described in LCC
933.706; or
(b)  HVFL-2 as described in LCC
933.707; or
(c)  HVFL-1 as described in LCC
933.708.
(5) The authorized unit of land on which
the dwelling will be sited, if in the forest area of
the F/F zoning district, is sited as described in
LCC 933.720.
(6) When the authorized unit of land on
which the dwelling will be sited lies within an
area designated in the Comprehensive Plan as
habitat of big game, the siting of the dwelling is
consistent with the limitations on density upon
which the Comprehensive Plan and the Land
Development Code intended to protect the habitat
are based.
(7) When the authorized unit of land on
which the dwelling will be sited is part of a tract,
the remaining portions of the tract are consoli-
dated into a single authorized unit of land when
the dwelling is allowed.
(C) When the decision maker approves an
application for a single-family dwelling under the
provisions of this section, the application may be
transferred by a person who has qualified under
this section to any other person after the effective
date of the land use decision.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-121 ?14 eff
6/30/99 (ref. ORS 215.705), OAR 660-033-0130 (3)]
933.706 Pre-85 non-HVFL dwellings
(A)  A dwelling may be sited in the EFU or in
the farm area of the F/F zoning district when the
authorized unit of land on which the dwelling will
be sited meets the criteria in subsection (B) and
the requirement in subsection (C).
(B)  Decision criteria.
(1) The authorized unit of land is non-
HVFL.
(2) The criteria of LCC 933.705 are met.
(3) The criteria of LCC 933.310 (B) (1)
to (3).
(C) Requirement. The decision maker shall
notify the County Assessor that it intends to allow
the dwelling.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98 (ref. ORS 215.705 (1)
(d),OAR 660-033-0130 (3))]
933.707 Pre-85 HVFL-2 dwellings
(A)A single-family dwelling not in conjunc-
tion with farm use may be sited on HVFL-2 in the
EFU or in the farm area of the F/F zoning district
if it meets the criteria of subsection (B) and the
requirement in subsection (C) of this section.
(B)  Decision criteria.
(1) The criteria of LCC 933.705 are met.
(2) The tract on which the dwelling will
be sited is:
(a)  Identified as HVFL-2;
(b)  Not protected as HVFL-1; and
(c)  Twenty-one acres or less in size.
(3) The tract:
(a)  is bordered on at least 67 percent
of its perimeter by tracts that are smaller than 21
acres, and at least two such tracts had dwellings
on them on January 1, 1993; or
(b) is not a flaglot and is bordered on
at least 25 percent of its perimeter by tracts that
are smaller than 21 acres, and at least four dwell-
ings existed on January 1, 1993, within one-
quarter mile of the center of the subject tract. Up
to two of the four dwellings may lie within the
urban growth boundary, but only if the subject
tract abuts an urban growth boundary; or
(c)  is a flaglot and is bordered on at
least 25 percent of its perimeter by tracts that are
smaller than 21 acres, and at least four dwellings
existed on January 1, 1993, within one-quarter
mile of the center of the subject tract and on the
same side of the public road that provides access
to the subject tract. The director must interpret the
center of the subject tract as the geographic center
of the flaglot if the applicant makes a written
request for that interpretation and that interpreta-
(Latest rev. August 21, 2002)              LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE 933 - 17
Distribution Run time: April 4, 2003 (1:11:29pm)
tion does not cause the center to be located out-
side the flaglot. Up to two of the four dwellings
may lie within the urban growth boundary, but
only if the subject tract abuts an urban growth
boundary. 
(4) As used in paragraph (3) of this
subsection:
(a)  ?Flaglot? means a tract contain-
ing a narrow strip or panhandle of land providing
access from the public road to the rest of the tract.
(b)  ?Geographic center of the
flaglot? means the point of intersection of two
perpendicular lines of which the first line crosses
the midpoint of the longest side of the flaglot, at a
90-degree angle to that side, and the second line
crosses the midpoint of the longest adjacent side
of the flaglot.
(5) The criteria of LCC 933.310 (B) (1)
to (3).
(C)  Requirement. The decision maker shall
notify the County Assessor that it intends to allow
the dwelling.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98 (ref. ORS 215.705
(2),OAR 660-033-0130 (3)); amd 02-313 ?5 eff 8/21/02]
933.708 Pre-85 HVFL-1 dwellings
(A)  A single-family dwelling not in conjunc-
tion with farm use may be sited on HVFL-1 in the
EFU or in the farm area of the F/F zoning district
if it meets the criteria of subsection (B) and the
requirement of subsection (D) of this section.
(B)  Decision criteria.
(1) The criteria of LCC 933.705 are met;
(2) The authorized unit of land is pro-
tected as HVFL-1 as described under ORS
215.710 (1); and
(3) The Commission determines that:
(a)  The authorized unit of land
cannot practicably be managed for farm use, by
itself or in conjunction with other land, due to
extraordinary circumstances inherent in the land
or its physical setting that do not apply generally
to other land in the vicinity. For the purposes of
this section, this criterion asks whether the subject
unit of land can be physically put to farm use
without undue hardship or difficulty because of
extraordinary circumstances inherent in the land
or its physical setting. Neither size alone nor a
unit of land?s limited economic potential demon-
strate that a unit of land cannot be practicably
managed for farm use. Examples of ?extraordi-
nary circumstances inherent in the land or its
physical setting? include very steep slopes, deep
ravines, rivers, streams, roads, railroad or utility
lines or other similar natural or physical barriers
that by themselves or in combination separate the
subject unit of land from adjacent agricultural land
and prevent it from being practicably managed for
farm use by itself or together with adjacent or
nearby farms. A unit of land that has been put to
farm use despite the proximity of a natural barrier
or since the placement of a physical barrier shall
be presumed manageable for farm use.
(b)  The dwelling will comply with
the provisions of LCC 933.310 (B) (1).
(c)  The dwelling will not materially
alter the stability of the overall land use pattern in
the area.
(i)  In determining whether a
proposed non-farm dwelling will alter the stability
of the land use pattern in the area, the hearing
authority shall consider the cumulative impact of
possible new non-farm dwellings and parcels on
other authorized units of land in the area similarly
situated.
(ii)  To address this standard,
the hearing authority shall:
(I)  Identify a study area for
the cumulative impacts analysis.
1)  The study area shall
include at least 2000 acres or a smaller area not
less than 1000 acres, if the smaller area is a dis-
tinct agricultural area based on topography, soil
types, land use pattern, or the type of farm or
ranch operations or practices that distinguish it
from other, adjacent agricultural areas.
2)  Lands zoned for
rural residential or other urban or non-resource
uses shall not be included in the study area.
(II)  Identify within the
study area the broad types of farm uses (irrigated
or nonirrigated crops, pasture or grazing lands),
the number, location and type of existing dwell-
933 - 18 LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE               (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:11:29pm) Distribution
ings (farm, non-farm, hardship, etc.), and the
dwelling development trends since 1993, and
determine the potential number of non-farm
dwellings and pre-85 dwellings that could be
approved under LCC 933.706 and 933.707 and
LCC 933.500, including identification of predom-
inant soil classifications, the authorized units of
land created prior to January 1, 1993 and the units
larger than the minimum property size that may be
divided to create new units for non-farm dwellings
under LCC 933.510.
(III)  Make findings that
describe:
1)  the study area;
2)  its boundaries;
3)  the location of the
subject authorized unit of land within this area;
4)  why the selected
area is representative of the land use pattern
surrounding the subject unit and is adequate to
conduct the analysis required by this standard;
5)  the existing land
use pattern of the study area including the distri-
bution and arrangement of existing uses and the
land use pattern that could result from approval of
the possible non-farm dwellings under this sub-
paragraph; and
6)  whether approval of
the proposed non-farm dwellings and pre-85
dwellings together with existing non-farm dwell-
ings will materially alter the stability of the land
use pattern in the area. The stability of the land
use pattern will be materially altered if the cumu-
lative effect of existing and potential non-farm
dwellings will make it more difficult for the
existing types of farms in the area to continue
operation due to diminished opportunities to
expand, purchase or lease farmland, acquire water
rights or diminish the number of tracts or acreage
in farm use in a manner that will destabilize the
overall character of the study area.
(4) The criteria of LCC 933.310 (B) (1)
to (4).
(C)  The Director shall provide notice of all
applications for dwellings allowed under this
section to the State Department of Agriculture.
Notice shall be provided in accordance with LCC
921.370 but shall be mailed at least 20 calendar
days prior to the public hearing before the Com-
mission under this section.
(D)  Requirement. The decision maker shall
notify the County Assessor that it intends to allow
the dwelling.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-121 ?14 eff
6/30/99; amd 02-313 ?5 eff 8/21/02 (ref. ORS 215.705 (3),OAR 660-033-0130
(3))]
933.720 Pre-85 forestland dwelling
(A)  A dwelling authorized under LCC
928.628 (B) (1) may be permitted in the forest
area of the F/F zoning district only if the decision
criteria set forth in subsection (B) are met.
(B)  Decision criteria.
(1) The predominate use of the land was
forestry on January 1, 1993.
(2) The criteria of LCC 933.705 are met;
(3) The criteria of LCC 933.310 (B) (1)
to (3) and (5) are met;
(4) The tract on which the dwelling will
be sited is
(a)  composed of soils not capable of
producing 5,000 cubic feet per year of commercial
tree species, and
(b)  located within 1,500 feet of a
public road as defined under ORS 368.001 that
provides or will provide access to the subject
tract. The road shall be maintained and either
paved or surfaced with rock and shall not be:
(i)  a United States Bureau of
Land Management road; or
(ii)  a United States Forest
Service road unless:
(I)  the road is paved to a
minimum width of 18 feet,
(II)  there is at least one
defined lane in each direction, and
(III)  a maintenance agree-
ment exists between the United States Forest
Service and landowners adjacent to the road, a
local government, or a state agency.
(C)  A new dwelling authorized under this
section must satisfy the requirements of LCC
933.170 and 934.590.
(Latest rev. August 21, 2002)              LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE 933 - 19
Distribution Run time: April 4, 2003 (1:11:29pm)
(D)  If the authorized unit of land is more
than 10 acres, the property owner shall comply
with LCC 933.170.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-121 ?14 eff
6/30/99 (ref. ORS 215.720), OAR 660-006-0027))]
933.740 Large tract forestland dwelling
(A)  A dwelling authorized under LCC
928.617 (B) (3) may be permitted in the forest
area of the F/F zoning district if it complies with
other provisions of law and is sited on a tract of at
least 160 contiguous acres of forest tree species.
(B)  A new dwelling authorized under this
section must satisfy the requirements of LCC
933.170 and 934.590.
(C)  If the authorized unit of land is more
than 10 acres, the property owner shall comply
with LCC 933.170.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98 (ref. ORS 215.740),
OAR 660-006-0027))]
933.750 Alternative forestland dwellings
(A)  Definitions. For purposes of this section
the following definitions apply
(1) ?Tract,? means only those units of
land and parts of any unit of land of a tract, as that
term is defined in LCC 920.100, that lie within the
Rural Resource Zone when:
(a)  the tract, as that term is defined
in LCC 920.100, is split-zoned into resource-
zoned and non-resource zoned property, and
(b)  at least one authorized unit of
land is wholly within the Rural Resource Zone.
(B)  One single-family dwelling authorized
under LCC 928.628 (B) (2) may be permitted on
an authorized unit of land containing less than 160
acres in the forest area of the F/F zoning district
subject to the requirements and criteria in subsec-
tions (C) to (J).
(C)  Decision criteria.
(1) The authorized unit of land is pre-
dominantly composed of soils that are:
(a)  Capable of producing 0 to 49
cubic feet per acre per year of wood fiber if:
(i)  All or part of at least three
other authorized units of land that existed on
January 1, 1993, are within a 160-acre square
centered on the center of the subject tract; and
(ii)  At least three dwellings
existed on January 1, 1993, and continue to exist,
on the other authorized units of land;
(b)  Capable of producing 50 to 85
cubic feet per acre per year of wood fiber if:
(i)  All or part of at least seven
other authorized units of land that existed on
January 1, 1993, are within a 160-acre square
centered on the center of the subject tract; and
(ii)  At least three dwellings
existed on January 1, 1993, and continue to exist,
on the other authorized units of land; or
(c)  Capable of producing more than
85 cubic feet per acre per year of wood fiber if:
(i)  All or part of at least 11
other authorized units of land that existed on
January 1, 1993, are within a 160-acre square
centered on the center of the subject tract; and
(ii)  At least three dwellings
existed on January 1, 1993, and continue to exist,
on the other authorized units of land.
(2) The criteria of LCC 933.310 (B) (1)
to (3) and (5).
(D)  Authorized units of land within urban
growth boundaries shall not be used to satisfy the
eligibility requirements under paragraph (1) of
subsection (C) of this section.
(E)  A proposed dwelling under this section is
not allowed:
(1) If it is prohibited by or will not
comply with the requirements of an acknowledged
comprehensive plan or acknowledged land use
regulations or other provisions of law.
(2) Unless it complies with the require-
ments of LCC 933.170 and 934.590.
(3) If the tract on which the dwelling will
be sited includes a dwelling.
(F)  Except as described in subsections (G)
and (H) of this section, if the tract under this
section abuts a road that existed on January 1,
1993, the measurement may be made by creating
a 160-acre rectangle that is one mile long and one-
fourth mile wide centered on the center of the
subject tract and that is to the maximum extent
possible, aligned with the road.
933 - 20 LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE               (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:11:29pm) Distribution
(G)  If a tract 60 acres or larger described
under this section abuts a road or perennial
stream, the measurement shall be made in accor-
dance with subsection (F) of this section. How-
ever, one of the three required dwellings shall be
on the same side of the road or stream as the tract
and:
(a)  Be located within a 160-acre
rectangle that is one mile long and one-fourth mile
wide centered on the center of the subject tract
and that is, to the maximum extent possible,
aligned with the road or stream; or
(b)  Be within one-quarter mile from
the edge of the subject tract but not outside the
length of the 160-acre rectangle, and on the same
side of the road or stream as the tract.
(H)  If a road crosses the tract on which the
dwelling will be located, at least one of the three
required dwellings shall be on the same side of the
road as the proposed dwelling.
(I)  If the authorized unit of land is more than
10 acres, the property owner shall comply with
LCC 933.170.
(J)  The alternative forestland dwelling is
subject to siting standards described in LCC
934.590.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-121 ?14 eff
6/30/99 (ref. ORS 215.750, OAR 660-006-0027)]
933.760 Small forest homestead dwellings
(A)  When permitted in the forest area of the
F/F or FCM zoning district, a small forest home-
stead must be created pursuant to LCC 924.728.
(B) The decision criteria in LCC 933.310 (B)
(4) must be met.
(C)  The existing dwelling on the originating
parcel becomes, by a partitioning authorized under
LCC 924.728, a small forest homestead dwelling.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 eff 10/21/98 (ref. ORS 215.780 (2)
(b) and (c))]
933.770 Forest resource dwellings
(A)  When permitted in the forest area of the
F/F or FCM zoning district, a forest resource
dwelling must be created pursuant to LCC
924.729.
(B) The decision criteria in LCC 933.310 (B)
(4) must be met.
(C)  The existing dwelling on the originating
parcel becomes, by a partitioning authorized under
LCC 924.729, a forest-resource dwelling.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 eff 10/21/98 (ref. ORS 215.780 (2)
(d))]
933.780 Caretaker residences in the F/F
(A)  A caretaker residence is permitted in the
forest area of the F/F zoning district for the fol-
lowing purposes, subject to meeting the decision
criteria in subsection (B) of this section:
(1) Public parks.
(2) Public fish hatcheries.
(B)  The decision criteria in LCC 933.310 (B)
(1) to (5) must be met.
[Adopted 98-432 ?2 eff 10/21/98 (ref. ORS 215.755 (3)]
933.790 Wildlife management dwelling
(A)  One single-family residential dwelling in
conjunction with a wildlife habitat conservation
and management plan may be established upon
findings:
(1) that the management plan has been
approved by the State Department of Fish and
Wildlife; and
(2) that the proposed dwelling:
(a)  Is not situated on HVFL-1 soil;
(b)  Is situated on an authorized unit
of land existing on November 4, 1993, that quali-
fies for a farm or non-farm dwelling under LCC
933.400 or 933.500;
(c)  Complies with LCC 933.500 (B)
(1); and
(d)  Is the only dwelling situated on
the affected unit of land.
[Adopted 99-121 ?14 eff 6/30/99]
933.800 Medical hardship dwellings
(A)  An application for a medical hardship
dwelling shall be reviewed and decided pursuant
to the procedures established in LCC Chapter 921
(Land Development Administration Code) and to
the applicable decision criteria of subsections (A)
to (D) of this section.
(1) Approval from the EHP for connec-
tion of the medical hardship dwelling to the
sewage treatment system serving the existing
residence or a statement from the EHP saying that
(Latest rev. August 21, 2002)              LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE 933 - 21
Distribution Run time: April 4, 2003 (1:11:29pm)
such connection is not feasible and recommending
a possible alternative.
(2) A written statement required by LCC
932.880 (B) (2); or
(3) The documentation required in LCC
932.880 (B) (3).
(4) Where a zoning district permits, one
medical hardship dwelling may be established on
an authorized unit of land, if the criteria and
requirements of this subsection and the applicable
provisions of subsections (B) to (D) are met
through a Type IIA review.
(a)  the medical hardship dwelling
must be:
(i)  used in conjunction with an
existing dwelling;
(ii)  used as a temporary use for
the term of a hardship suffered by the existing
resident or a relative of the resident; and
(iii)  the provisions of LCC
932.860 to 932.895 are met.
(5) In the RRZ: the requirements and
decision criteria set forth in LCC 933.310 are met.
(6) In the RDZ, the decision criteria set
forth in LCC 933.220 are met.
(7) In the UGAZ, the decision criteria of
LCC 933.260 are met.
(B)  Park trailer. If the applicant is seeking
approval of a park trailer as the medical hardship
dwelling, the application must meet the criteria in
subsection (A) and in this subsection.
(1) Park trailers unlike other recreational
vehicles, are required by the Specialty Code to be
leveled, blocked and connected to services.
(2) Placement permits and other develop-
ment permits for park trailers will be issued only
for authorized units of land for which a single-
family residence is authorized and for which a
medical hardship dwelling conditional use permit
exists and for which a septic system permit has
been issued.
(3) Placement of a park trailer shall
conform to the development standards of the
applicable zoning district.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-121 ?14 eff
6/30/99 (ORS 215.283 (2) (k))]
933.900 Transportation improvements
(A)  For transportation uses listed in LCC
928.320 (B) (8) (b); 928.620 (B) (18) (b); 928.920
(B) (19) (b), in addition to the decision criteria in
LCC 933.310, the decision criteria set forth in
subsection (B) of this section are also applicable
in the Rural Resource Zone.
(B)  Decision criteria.
(1) Identify reasonable build design
alternatives, such as alternative alignments, that
are safe and can be constructed at a reasonable
cost, not considering raw land costs, with avail-
able technology.
(2) Assess the effects of the identified
alternatives on farm and forest practices, consider-
ing impacts to farm and forest lands, structures
and facilities, considering the effects of traffic on
the movement of farm and forest vehicles and
equipment and considering the effects of access to
authorized units of land created on farm and forest
lands; and
(3) Select from the identified alterna-
tives, the one, or combination of identified alter-
natives that has the least impact on lands in the
immediate vicinity devoted to farm or forest use.
[Adopted 98-002 ?3 eff 3/4/98]
933.910 Soil classifications; changing
(A)  The soil classifications or other soil
designations used in this Chapter are those identi-
fied in Soil Survey of Linn County Area Oregon.
(B)  For purposes of approving a land use
application in the EFU or in the farm area of the
F/F zoning district under LCC 928.326 (B) (5) and
(6) 928.336 (B), 928.626 (B) (5) and (6), or
928.636 (B), the soil classification or other soil
designation of a specific authorized unit of land
may be changed if:
(1) The property owner submits a state-
ment of agreement from the Natural Resources
Conservation Service (formerly SCS) of the
United States Department of Agriculture that the
soil classification or other soil designation should
be adjusted based on new information; or
(2) The property owner:
933 - 22 LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE               (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:11:29pm) Distribution
(a)  Submits a report from a soils
scientist whose credentials are acceptable to the
State Department of Agriculture that the soil class,
soil rating or other soil designation should be
changed, and
(b)  Submits a statement from the
State Department of Agriculture that the Director
of Agriculture or the Director?s designee has
reviewed the report described above and finds the
analysis in the report to be soundly and scientifi-
cally based.
(C)  For purposes of approving a land use
application in the EFU or in the farm area of the
F/F zoning district under LCC 928.326 (B) (3) and
(4) or 928.626 (B) (3) and (4) the soil classifica-
tion or other soil designation of a specific autho-
rized unit of land may be changed if:
(1) The property owner submits a statement
of agreement from the Natural Resources Conser-
vation Service (formerly SCS) of the United
States Department of Agriculture that the soil
classification or other soil designation should be
adjusted based on new information; or
(2) The property owner:
(a)  Submits an acceptable soils report as
identified in OAR 603-080-0040 from a soils
scientist with acceptable credentials as identified
in OAR 603-080-0030 that the soil class, soil
rating or other soil designation should be changed.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98 (ref. ORS 215.710
(5); 00-498 ?1 eff 9/6/00]
933.920 Soil classifications; NRCS edition
Soils information for reviewing pre-85 dwell-
ings must be from the most recent Natural Re-
source Conservation Service (NRCS) publication
prior to November 4, 1993. For other non-farm
uses, the most recent NRCS soils information may
be used.excluding dwellings, the most recent
NRCS soils information may be used. For non-
farm dwellings, the most recent NRCS soils
information or an acceptable soils report from a
soil scientist having acceptable credentials as
identified in LCC 933.910 (C) may be used.
[Adopted 99-121 ?14 eff 6/30/99; 00-498 ?1 eff 9/6/00]
933.930 Decision criteria for parks
(A)  The criteria set forth in this subsection
shall be met for the approval of an application for
a private park.
(1) For a private park:
(a)  if in an RRZ, meet the decision
criteria set forth in LCC 933.310 and is located
only on non-HVFL;
(b)  if in an RDZ, meet the decision
criteria set forth in LCC 933.220;
(c)  if in an UGAZ, meet the deci-
sion criteria set forth in LCC 933.260.
(2) For a private campground in a private
park, the campground shall meet, in addition to
the criteria set forth in paragraph (1) of this sub-
section, the following criteria:
(a)  in any zoning district,
(i)  the campground shall be an
area devoted to overnight temporary use for
vacation, recreational or emergency purposes;
(ii)  the campground shall not be
used for residential purposes.
(b)  only in the RRZ,
(i)  Except on an authorized unit
of land contiguous to a lake or reservoir, the
campground shall not be allowed within three
miles of an urban growth boundary unless an
exception is approved pursuant to ORS 197.732
and OAR Chapter 660, Division 4;
(ii)  the campground shall be
established on a site or is contiguous to lands with
a park or other outdoor natural amenity that is
accessible for recreational use by the occupants of
the campground.
(B)  The criteria set forth in this subsection
shall be met for the approval of an application for
a public park.
(1) For a public park:
(a)  if in an RRZ, meet the decision
criteria set forth in LCC 933.310;
(b)  if in an RDZ, meet the decision
criteria set forth in LCC 933.220;
(c)  if in an UGAZ, meet the deci-
sion criteria set forth in LCC 933.260;
(Latest rev. August 21, 2002)              LINN COUNTY ? CONDITIONS, REQUIREMENTS, AND DECISION CRITERIA CODE 933 - 23
Distribution Run time: April 4, 2003 (1:11:29pm)
(d)  the park shall be owned and
operated by a governmental agency or a nonprofit
community organization.
(e)  if a State park, such criteria as
may be adopted by statute or rule;
(f)  if a local public park, such
criteria as may be made applicable in a local park
master plan.
(2) For a public campground in a public
park, the campground shall meet, in addition to
the criteria set forth in paragraph (1) of this sub-
section, the following criteria:
(a)  in any zoning district,
(i)  the campground shall be an
area devoted to overnight temporary use for
vacation, recreational or emergency purposes;
(ii)  the campground shall not be
used for residential purposes.
(iii)  the park shall be owned
and operated by a governmental agency or a
nonprofit community organization.
(b)  only in the RRZ, the camp-
ground shall be established on a site or is contigu-
ous to lands with a park or other outdoor natural
amenity that is accessible for recreational use by
the occupants of the campground.
[Adopted 99-121 ?14 eff 6/30/99]
Statutory References and Other Authorities:
ORS 197; 203; 215
Legislative History of Chapter 933:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 98-432 eff 10/21/98
#2 99-121 ?14 eff 6/30/99
#3 99-156 ?9 eff 6/30/99
#4 00-498 ?1 eff 9/6/00
#5 02-313 ?5 eff 8/21/02
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 1
Distribution Run time: May 7, 2004 (10:48:56am)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 5 ? Conditions, Requirements, Development Standards & Criteria
CHAPTER 934
DEVELOPMENT STANDARDS CODE
TABLE OF CONTENTS
   Section Title
I. GENERAL PROVISIONS
934.005 Title; short title
934.010 Statement of purpose
II. GENERAL DEVELOPMENT STANDARDS
A. STANDARDS; GENERALLY
934.100 Relationship between development stan-
dards
934.110 Building height, exemptions
934.120 Riparian habitat setback
934.130 Screening and materials storage
934.140 Vision clearance area required
B. YARD STANDARDS
934.200 Yard requirements
934.205 Yard exceptions and permitted intrusions
into required yards
934.207 Flag-lot or flag strip
C. SIGN STANDARDS
934.210 Statement of purpose
934.211 Signs; prohibitions
934.212 Signs, exempted
934.213 Advertising signs along a state highway
934.214 Sign standards in an ARO mining area
934.215 Signs standards for EFU, F/F, FCM, NR,
RR, UGA?UGM, and UGA?RR zoning
districts
934.216 Signs standards for home occupations
934.217 Sign standards; area, height and number
permitted
D. LANDSCAPING STANDARDS
934.220 Landscaping required
934.225 Uses requiring landscaping
934.228 Landscaping standards
E. PARKING STANDARDS
934.250 Parking, off-road required
934.251 Parking area design
934.252 Parking requirements for uses not speci-
fied
934.253 Parking, common facilities for mixed uses
934.254 Parking, paving required
934.255 Parking, off-road relationship to loading
areas
934.260 Parking spaces required
F. FARMSTAND STANDARDS
934.300 Farm stands; development standards
G. PERSONAL USE AIRPORT STANDARDS
934.310 Personal use airports; development stan-
dards
H. MANUFACTURED DWELLING PARKS STANDARDS
934.330 Manufactured dwelling parks; develop-
ment standards
I. OIL, GAS, GEOTHERMAL RESOURCES EXPLORATION AND
EXTRACTION STANDARDS
934.340 Oil, natural gas, geothermal exploration
and extraction; standards for rehabilita-
tion and restoration of sites
J. PROTECTED MINERAL OR AGGREGATE SITE STANDARDS
934.350 Environmental quality standards
934.351 Access standard
934.352 Setback standards
934.353 Waiver of setbacks
934.354 Variance standards
934.356 Off-site parking
934.357 Hours of operation
934.359 Vegetative screening
K. HOME OCCUPATION PERFORMANCE STANDARDS 
934.360 Home occupations; performance stan-
dards
L. KENNELS PERFORMANCE AND DEVELOPMENT STAN-
DARDS
934.370 Kennels; performance standards
934.375 Kennels; property development standards
M. MEDICAL HARDSHIP DWELLING STANDARDS
934.380 Medical hardship dwelling; siting stan-
dards
N. SOLID WASTE PERFORMANCE AND DEVELOPMENT
STANDARDS
934.390 Solid waste disposal sites; performance
standards and site development
934 - 2 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
O. STAGING PERFORMANCE AND DEVELOPMENT STAN-
DARDS
934.400 Staging; performance development stan-
dards
934.410 Staging; standards for rehabilitation and
restoration
934.420 Staging; performance security
P. HISTORIC PROPERTY STANDARDS
934.430 Historic property alteration review stan-
dards
Q. PARKS
934.440 Development standards for state parks
934.441 Development standards for local public
parks
934.442 Development standards for private parks
III. SPECIFIC ZONING DISTRICT STANDARDS
A. RURAL RESOURCE ZONE STANDARDS
934.500 RRZ development standards; generally
934.510 RRZ area, width and depth development
standards
934.520 RRZ frontage standards
934.525 RRZ property coverage standards
934.530 RRZ structural setbacks
934.535 RRZ riparian habitat setback
934.540 RRZ maximum heights
934.545 RRZ landscaping standards
934.550 RRZ sign standards
934.555 RRZ off-road parking standards
934.560 RRZ screening standards
934.565 RRZ big game habitat density standards
934.570 RRZ access standards
934.590 F/F (forest area) and FCM zoning district
structural siting standards
934.595 Development standards for youth camps
B. RURAL DEVELOPMENT ZONE STANDARDS
934.610 RDZ property size, width, and depth
standards
934.620 RDZ access standards
934.625 RDZ property coverage standards
934.630 RDZ structural setbacks
934.635 RDZ riparian habitat setback
934.640 RDZ maximum heights
934.645 RDZ landscaping standards
934.650 RDZ sign standards
934.652 RDZ artificial lighting standards
934.655 RDZ off-road parking standards
934.660 RDZ screening and material storage stan-
dards
934.670 RDZ access standards
934.675 RDZ building expansion standards
934.680 RDZ approved septic system standards
934.685 RCT density standards
934.680 RR density standards
C. URBAN GROWTH AREA ZONE STANDARDS
934.710 UGAZ property size, width, and depth
development standards
934.720 UGAZ property frontage standards
934.725 UGAZ property coverage standards
934.730 UGAZ structural standards
934.735 UGAZ riparian habitat setback
934.740 UGAZ maximum heights
934.745 UGAZ landscaping standards
934.750 UGAZ sign standards
934.755 UGAZ off-road parking standards
934.760 UGAZ screening and material storage
standards
934.770 UGAZ access standards
934.790 UGAZ manufactured home standards for
placement on individual authorized units
of land
D. OVERLAY STANDARDS
934.800 Overlay standards generally
934.810 AO development standards
934.830 LUO property development standards
934.850 WRGO property development standards
Statutory References and Other Authorities
Legislative History of Chapter 934
Table 1 ? Parking Space Required by Use
I. GENERAL PROVISIONS
934.005 Title; short title
This Chapter, LCC 934.005 to 934.999, shall
be known and cited as the ?Linn County Develop-
ment Standards Code.? This Chapter may also be
referred to and cited as the ?Development Stan-
dards Code.?
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?15 eff 6/30/99]
934.010 Statement of purpose
(A)  The purpose of LCC 934.100 to 934.499
is to provide general provisions and exceptions to
general provisions for building height, yard area,
frontage conditions, landscaping, screening,
materials storage, parking and sign standards for
the uses described, in order to promote vehicle
safety, enhance the appearance of the community
and provide for greater compatibility between
adjoining land uses and zoning districts.
(B)  The purpose of LCC 934.500 to 934.999
is to provide specific development and perfor-
mance standards to which uses permitted and
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 3
Distribution Run time: May 7, 2004 (10:48:56am)
approved pursuant to this Development Code
must comply in specific zoning districts
[Adopted 98-002 ?3 eff 3/4/98]
II. GENERAL DEVELOPMENT STAN-
DARDS
A. STANDARDS; GENERALLY
934.100 Relationship between development
standards
(A)  Where conflict arises between a standard
established in the zoning district and this Chapter,
the more restrictive standard shall govern.
(B)  Except where specifically limited or
prohibited, a variance application to a develop-
ment standard may be filed pursuant to LCC
Chapter 921 (Administration of the Development
Code). Approval or denial of a variance applica-
tion shall be based upon the decision criteria in
LCC Chapter 938 (Variance Procedure Code.
[Adopted 98-002 ?3 eff 3/4/98]
934.110 Building height, exemptions
(A)  The roof structures and architectural
features set forth in subsection (B) of this section
are exempt from the standard 35-foot height
limitation on buildings within a zoning district.
(B)  Exemptions.
(1)  roof structures for the housing of
elevators, stairways, tanks, ventilating fans and
similar equipment required to operate and main-
tain the building;
(2)  fire or parapet walls;
(3)  skylights;
(4)  towers;
(5)  flagpoles;
(6)  chimneys and smokestacks;
(7)  wireless masts and television anten-
nae.
(C)  The structures and features set forth in
subsection (B) of this section and similar struc-
tures and features may be erected above the height
limits prescribed in this Chapter, provided that no
roof structure, feature or any other device above
the prescribed height limit shall be allowed or
used for the purpose of providing additional
habitable or storage floor space, and provided that
an exemption does not allow a violation of the
height restriction limitation with in Airport Over-
lay.
[Adopted 98-002 ?3 eff 3/4/98]
934.120 Riparian habitat setback
In each zoning district, the property develop-
ment standards include a setback from protected
riparian habitats (see Appendix 1, Figure 8 fol-
lowing LCC Chapter 920 (General Provisions),
illustrating this riparian habitat setback).
[Adopted 98-002 ?3 eff 3/4/98}
934.130 Screening and materials storage
(A)  Undeveloped sites. Except for dwellings,
manufactured dwellings and associated accessory
structures, farm uses, and forest uses, develop-
ment of any undeveloped sites within zoning
districts set forth in this subsection shall comply
with subsections (C) and (D) of this section.
C Rural Center (RCT),
C Rural Commercial (RCM),
C Freeway Interchange Commercial (FIC),
C Urban Growth Area?Limited Industrial (UGA?LI),
C Urban Growth Area?Heavy Industrial (UGA?HI),
C Urban Development I (UD?I),
C Urban Development II (UD?II),
C Agribusiness (AB),
C Limited Industrial (LI), or
C Heavy Industrial (HI).
(B)  Partially developed sites. Partially
developed sites within the districts set forth in
subsection (A) of this section shall
(1)  comply with subsections (C) and
(D), or,
(2)  submit to the Department an alterna-
tive plan based upon the existing conditions. The
Director shall determine whether the alternative
plan complies with the purpose of this section.
(C)  Screening. An earthen berm, hedge,
masonry walls, wood fence, woven-wire fence
with view-obscuring slats, or any combination
thereof shall be placed on the property line as
follows:
934 - 4 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
(1)  where a side or rear property line
adjoins a residential zoning district; or
(2)  where an existing residence is within
100 feet of the side or rear yard. Such screening
shall be at least six feet high.
(D)  Materials storage. Storage of materials,
equipment or refuse shall be confined, contained
and conducted entirely within an enclosed build-
ing or an enclosure consisting of an earthen berm,
masonry wall, wood fence, woven-wire fence with
view-obscuring slats, or any combination thereof.
Such an enclosure must be at least six feet high.
[Adopted 98-002 ?3 eff 3/4/98]
934.140 Vision clearance area required
(A)  On all corner properties, including those
located at the intersection of road-related ease-
ments and roads, including alleys, a vision clear-
ance area shall be required which shall comply
with this section (See Figure 7 in the Appendix 1
to LCC Chapter 920 (Development Code; General
Provisions).
(B)  The clear vision area required by this
section shall contain no plants, walls, fences,
signs, or other structures or obstructions, either
temporary or permanent, between the 2?-foot and
10-foot vertical marks, as measured from the
grade of the road.
(C)  In all zoning districts the vision clearance
lines of a vision clearance area shall be:
(1)  not less than 15 feet for corner
properties, or
(2)  not less than 7? feet for  road inter-
sections.
[Adopted 98-002 ?3 eff 3/4/98; amd 04-051 ?1 eff 2/18/04]
[934.160 renumbered LCC 933.140 98-432 ?2 eff
10/21/98]
B. YARD STANDARDS
934.200 Yard requirements
(A)  Yard requirements for property abutting
a partial or future public road right-of-way:
(1)  Except as provided in paragraph (2)
of this subsection, no building shall be erected on
property which abuts a public road having only a
portion of its required width dedicated unless the
yards provided and maintained in connection with
such building have a width or depth needed to
complete the public road width, plus the width or
depth of the yards required for the property by this
section ; and
(2)  Where the Transportation Element
of the Comprehensive Plan includes provisions
for the actions listed in subparagraphs (a) to (c) of
this paragraph, the placement of buildings and the
establishment of yards, shall relate to the future
right-of-way boundaries as proposed in the
Comprehensive Plan.
(a)  The widening of existing public
roads,
(b)  The connecting of existing
public roads, or
(c)  The establishment of new public
roads
(d)  Any yard setback required by
paragraph (2) of this subsection may be increased
pursuant to provisions of that transportation
element.
(B)  No yard provided around one building
for the purpose of complying with the regulations
of a zoning district shall be considered as provid-
ing the required yard for another building.
(C)  No yard on adjoining property shall be
considered as providing the required yard for
another authorized unit of land or development
site.
(D)  No front yards provided around any
building for the purpose of complying with the
regulations of a zoning district shall be used for
public or private parking areas or garages or other
accessory buildings, except as specifically pro-
vided in this Chapter.
(E)  The Uniform Building Code does not
allow a building to be constructed across a prop-
erty line, even if both properties are owned by the
same owner.
(1)  When a common property line
separating two or more contiguous properties is
affected by one building permit or when the place-
ment of a building would not fully conform to the
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 5
Distribution Run time: May 7, 2004 (10:48:56am)
required yard space along a common property
line, the affected line shall be removed or moved
through either: 
(a)  a consolidation approved by the
Assessor?s Office pursuant to LCC 925.030;
(b)  a property line adjustment; or
(c)  the yard standard shall be ad-
justed through a variance.
(2)  If the required adjustment is not
granted, the building permit cannot be issued. See
LCC Chapter 925 (Property Line Adjustment
Code) and LCC Chapter 938 (Variance Procedure
Code.
[Adopted 98-002 ?3 eff 3/4/98]
934.205 Yard exceptions and permitted intru-
sions into required yards
(A)  The intrusions set forth in subsection (B)
may project into required yards to the extent and
under the conditions and limitations indicated.
(B)  Permitted intrusions.
(1)  Depressed areas. In any zoning
district, open-work fences, hedges, guard railings
or other landscaping or architectural devices for
safety protection around depressed ramps, stairs or
retaining walls may be located in required yards
provided that such devices are not more than 3?
feet high.
(2)  Projecting building features. The
following building features may project into the
required front yard no more than five feet and into
the required interior yards no more than two feet
provided that such projections are not less than
three feet from any interior property line:
(a)  Eaves, cornices, belt course,
sills, awnings, buttresses or other similar features;
(b)  Chimneys and fireplaces pro-
vided they do not exceed eight feet in width;
(c)  Porches, platforms or landings
which do not extend above the level of the first
floor of the building; and
(d)  Signs conforming to all other
applicable provisions of LCC 934.210 to 934.217.
(3)  Fences and walls.
(a)  In any residential zoning district,
a fence or wall not to exceed six feet in height
may be located or maintained within the required
yards except where the requirements of vision
clearance area apply.
(b)  In any commercial or industrial
zoning district, fences or walls not to exceed eight
feet in height may be located or maintained within
the required yards except where the requirements
of vision clearance area apply.
(c)   Fences or walls exceeding 6 feet
in height shall comply with the Building Code as
that term is defined in LCC 920.100.
(4)  Parking and driveways.
(a)  In any zoning district, driveways
or access ways providing ingress and egress to or
from private parking areas or garages, public
parking areas or garages, and parking spaces shall
be permitted subject to riparian habitat setback,
together with any appropriate traffic control
devices in any required yard;
(b)  In any residential zoning district,
public or private parking areas and parking spaces
shall not be permitted in any required yard except
as follows: Public or private parking areas, service
drives, parking structures or spaces which are
developed or maintained in conjunction with any
building or use permitted in a residential zoning
district shall be permitted and shall be permitted
in any interior yard that abuts an alley, provided
said parking areas, drives, structures or spaces
comply with the property development standards
of the zoning district and the detailed parking
regulations of LCC 934.260.
(c)  In any commercial or industrial
zoning district, public or private parking areas,
drives, structures or parking spaces shall be
permitted in any interior yard provided the prop-
erty development standards of the zoning district
and detailed parking regulations of LCC 934.260
are met.
[Adopted 98-002 ?3 eff 3/4/98; amd 04-051 ?1 eff 2/18/04]
934.207 Flag-lot or flag strip
(A)  A flag-lot or flag strip, fronting on a
public road, shall constitute a deeded area of land
not less than 30 feet wide nor more than 60 feet
wide which is intended to provide private road
934 - 6 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
access to an authorized unit of land in the same
ownership as the strip, not otherwise having
frontage on a public road. A property thus con-
nected to a public road by a flag strip is defined as
a flag-lot, and is illustrated in Figure 4 of LCC
Chapter 920 (Development Code; General Provi-
sions).
(B)  The flag strips of no more than two flag-
lots shall be allowed to locate adjacent to one
another in any zoning district. Otherwise, at least
100 feet shall separate additional flag strips.
(C)  The area within the flag strip shall not be
included in the minimum area required in the
applicable zoning district for the creation of a new
parcel or lot, or for the computation of the size of
an existing authorized unit of land.
[Adopted 98-002 ?3 eff 3/4/98]
C. SIGN STANDARDS
934.210 Statement of purpose
The purpose of LCC 934.210 to 934.217 shall
be to establish standards for the construction,
erection, maintenance, electrification, illumina-
tion, type, size, number and location of advertis-
ing signs and directional signs in order to promote
traffic safety and enhance the appearance of the
community.
[Adopted 98-002 ?3 eff 3/4/98]
934.211 Signs; prohibitions
(A)  A sign set forth in subsection (B) is
prohibited, unless exempted under LCC 934.212.
(B)  Prohibited signs
(1) A sign that interferes with or resem-
bles traffic signs or signals or obstructs the view
of traffic signs or signals or of traffic;
(2)  A sign that flashes, revolves, rotates
or moves; unless the sign advertises activities
conducted on the business premises and:
(a)  displays time, temperature, or
weather, or
(b)  is controlled by electronic
process or remote control);
(3)  A sign that has unshielded or glaring
lights;
(4) A sign that is located on a tree, rock,
or other natural feature;
(5) A sign that is on a property on which
a business, commodity or service is no longer
available on the premises;
(6)  A sign that is portable or temporary
(such as an A-frame sign) unless affixed to the
premises or a merchandise display;
(7)  A sign that encroaches upon or
overhangs a road right-of-way;
(8)  A sign that violates any state or
federal law or regulation; or
(9)  A sign that cannot withstand wind
pressure of 20 pounds per square foot of exposed
surface or is not maintained in good repair and
neat, clean and attractive condition.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
934.212 Signs, exempted
(A)  The provisions of LCC 934.200 shall not
apply to the any sign set forth in subsection (B).
(B)  Exempted signs.
(1)  Official traffic signs and signals.
(2)  Directional signs erected by public
authority.
(3)  Warning signs erected on private
property and outside vision clearance areas to
warn the public of a danger on or prohibiting or
limiting access to the premises.
(4)  Permanent building plaques, corner
stones, name plates, and similar building identifi-
cations.
(5)  House and building numbers.
(6)  Historical markers erected or main-
tained by public authority or on private property
outside vision clearance areas by a recognized
historical society or organization identifying sites,
buildings, or structures of recognized historical
value.
(7)  Signs erected by a public officer
performing official duty pursuant to law, adminis-
trative order, or a court order.
(8)  One sign, limited to 1? square feet,
denoting the name or occupation or both of the
occupant of the building.
(9)  Signs located within a building.
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 7
Distribution Run time: May 7, 2004 (10:48:56am)
(10)  Holiday decorations.
(11)  Political signs meeting the require-
ments of this subsection and advertising only
candidates seeking public office or promoting the
passage or defeat of a measure on the ballot.
(C)  For a political sign in subsection (B) to
be exempted, the sign shall be:
(a)  Erected and maintained entirely
on private property;
(b)  Erected only with consent of the
property owner;
(c)  Limited to an area of 32 square
feet;
(d)  Removed within 35 days after
the election; and
(e)  Not erected or maintained on
trees, rocks, or other natural features.
[Adopted 98-002 ?3 eff 3/4/98]
934.213 Advertising signs along a state high-
way
(A)  Subject to LCC 934.211, signs may be
allowed on properties abutting state highways in
certain development zoning districts, that bring
rental income to the property owner, or that
advertise goods, products, or service not sold,
manufactured or distributed on or from the pre-
mises or facilities upon which the sign is located.
(B)  Notwithstanding the prohibition in LCC
934.211 (B) (5), a sign advertising a business,
commodity or service no longer available on
property abutting a state highway may be permit-
ted on that property; however, no other free
standing sign may be permitted on that property.
[Adopted 98-002 ?3 eff 3/4/98]
934.214 Sign standards in an ARO mining
area
Signs permitted in an ARO mining area are
subject to this section.
(A)  One, on-premise, principal sign for each
enterprise is permitted in an ARO mining area not
to exceed 1? square feet in area for each linear
foot of building frontage paralleling a road or 150
square feet, whichever is lesser. Such signs shall
be placed flat against the wall of the building and
may be illuminated but shall have no flashing
lights or moving parts;
(B)  One, unlighted, on-premise, temporary
sign not to exceed 12 square feet in area pertain-
ing to the sale or lease of a building or the prop-
erty upon which it is displayed; or
(C)  One on-premise or off-premise direc-
tional or regulatory sign not to exceed 16 square
feet in area.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?10 eff 6/30/99]
934.215 Signs standards for EFU, F/F, FCM,
?2 NR, RR, UGA?UGM, and
UGA?RR zoning districts
Signs permitted in the EFU, F/F,FCM, ?2NR,
RR, UGA?UGM, and UGA?RR zoning districts
are subject to this section.
(A)  One sign not to exceed 1? square feet
indicating the name and occupation of the occu-
pant of the residence.
(B)  In the ?2NR, RR, UGA-UGM and UGA-
RR zoning districts, one sign not to exceed 32
square feet in display surface indicating the name
of an enterprise, product produced or identifying
uses other than a single-family residence or per-
taining to the sale or lease of property. Such signs
shall not be illuminated nor shall they have mov-
ing parts or flashing lights.
(C)  In the EFU, F/F and FCM zoning dis-
tricts, one sign not to exceed 64 square feet in
display surface indicating the name of an enter-
prise, product produced or identifying uses other
than a single family residence or pertaining to the
sale or lease of property. Such signs shall not be
illuminated nor shall they have moving parts or
flashing lights.
(D)  One sign not to exceed 16 square feet in
display surface indicating the name and general
direction to an enterprise or use other than a
single-family residence.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?15 eff 6/30/99; amd 02-313 ?6 eff
8/13/02; 04-043 ?3 eff 4/28/04]
934.216 Signs standards for home occupations
(A)  No more than two, on-site signs not to
exceed 16 square feet in total sign area shall be
permitted for a home occupation. Such signs shall
934 - 8 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
only indicate the name of the home occupation or
the product produced; no product or service not
associated with the home occupation shall be
displayed. Such a sign shall not be illuminated nor
have moving parts or flashing lights.
(B)  No more than one, off-premise direc-
tional sign, not to exceed eight square feet in area,
shall be permitted. Such a sign shall only indicate
the name or product produced and the general
direction to the home occupation.
[Adopted 98-002 ?3 eff 3/4/98]
934.217 Sign standards; area, height and num-
ber permitted
(A)  Signs conforming to the standards set
forth in subsection (B) shall be permitted for each
use in the following commercial or industrial
zoning districts:
C Agribusiness (AB),
C Freeway Interchange Commercial (FIC),
C Heavy Industria l (HI)
C Limited Industrial (LI),
C Rural Commercial (RCM),
C Rural Center (RCT),
C Urban Development I (UD?I),
C Urban Development II (UD?II),
C Urban Growth Area?Rural Commercial (UGA?
RCM),
C Urban Growth Area?Heavy Industrial (UGA?HI),
and
C Urban Growth Area?Limited Industrial (UGA?LI).
(B)  Permitted signs.
(1)  One principal, freestanding sign, roof
sign or building wall sign.
(a)  Except as authorized in para-
graph (2) (b) (iii) of this subsection, such a sign
shall not exceed 35 feet in height, measured from
the roadway grade or grade of the sign premises,
whichever is higher, to the top of the sign.
(b)  The sign shall not exceed:
(i)  125 square feet in sign area
on properties with frontage, other than by a flag
strip, ona county road or local access road; or
(ii)  250 square feet in sign area
on properties with frontage on a state highway; or
(iii)  825 square feet is sign area
on properties adjoining Interstate Highway 5. The
height shall not exceed 65 feet.
(c)  Such sign may be illuminated.
(2)  The following secondary and direc-
tional signs are permitted for each enterprise:
(a)  One illuminated, secondary sign
attached to the building but not above the eave;
and
(b)  One illuminated, directional sign
at each motor vehicle entrance or exit. Such signs
shall not exceed six feet in height.
(3)  In addition to the standards and
requirements of this section, a sign along state
highways is subject to Oregon State Highway
Division placement standards as specified in ORS
377.750 and ORS 377.767.
(4)  Except for a sign advertising the sale
or lease of an authorized unit of land located on
the unit of land being advertized for sale, a sign is
not permitted on an undeveloped authorized unit
of land.
(5)  One unlighted sign per frontage onto
a local access road or county road not to exceed
12 square feet in area or six feet in height pertain-
ing to the sale or lease of a vacant building or the
land upon which it is displayed.
(C)  The content of a sign permitted in this
section shall not conflict with LCC 934.211 (B)
(5) and (8).
(D)  The total area of all secondary or direc-
tional sign faces permitted for a business under
paragraph (2) of subsection (B) of this section
shall not exceed a total sign area of 125 square
feet. 
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-121 ?15 eff
6/30/99]
D. LANDSCAPING STANDARDS
934.220 Landscaping required
Landscaping materials shall be provided, as
follows, for all uses described in LCC 934.225:
(A)  All required landscaping materials shall
be located in the required front yard area.
(B)  A landscaping plan shall be submitted
for review by the Director before building permits
are issued for construction. The landscaping plan
shall indicate the materials to be used, their loca-
tion on the site and a schedule for planting.
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 9
Distribution Run time: May 7, 2004 (10:48:56am)
(C)  Development of the site shall adhere to
the landscaping plan approved by the Director.
Landscaping shall be planted in accordance with
the schedule of planting.
(D)  All uses requiring landscaping, whether
presently undeveloped or partially developed,
shall either provide landscaping materials in
compliance with the standards in LCC 934.228 or
submit to the Department an alternative based
upon the native vegetation, existing landscaping
or substitute plan. The Director shall determine
whether the alternative complies with the purpose
of this LCC 934.220 to 934.228.
[Adopted 98-002 ?3 eff 3/4/98]
934.225 Uses requiring landscaping
(A)  All uses allowed outright or permitted
through a conditional use review in the following
commercial and industrial zoning districts:
C Agribusiness (AB),
C Freeway Interchange Commercial (FIC),
C Heavy Industria l (HI)
C Limited Industrial (LI),
C Rural Commercial (RCM),
C Rural Center (RCT),
C Urban Development?I (UD?I),
C Urban Development?II (UD?II),
C Urban Growth Area?Rural Commercial (UGA?
RCM),
C Urban Growth Area?Heavy Industrial (UGA?HI),
and
C Urban Growth Area?Limited Industrial (UGA?LI).
(B) The uses authorized in subsection (A) of
this section shall provide the landscaping required
in LCC 934.220 except for:
(1)  Dwellings, manufactured dwellings
and associated accessory structures;
(2)  Farm uses; and
(3)  Forest uses.
(C)  The following uses shall provide the
landscaping required in LCC 934.220 unless the
Director determines that the site complies with the
intent of LCC 934.220 to 934.228:
(1)  Public utility facilities;
(2)  Energy generating facilities;
(3)  Public and semi-public buildings and
uses;
(4)  Small-scale commercial uses;
(5)  Infilling a manufactured dwelling
park;
(6)  Kennels;
(7)  Cemeteries; and
(8)  Publicly- or privately-operated parks,
including, but not limited to recreational vehicle
parks, picnic areas, playgrounds, campgrounds,
golf courses and community centers.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
934.228 Landscaping standards
(A)  A mixture of trees, shrubs and ground
cover shall be provided in all landscaped areas
and in the following quantities:
(1)  At least one tree shall be provided
for each 50 linear feet of frontage along a public
road;
(2)  At least five shrubs shall be provided
for each 50 linear feet of frontage onto a public
road; and
(3)  Ground cover shall be either sodded
lawn, hydromulch or seeded lawn or other living
materials. The lawn or ground cover shall be
planted in such a manner as to cover the land-
scaping area within one year.
(B)  All required landscaping materials shall
be not less than the following sizes:
(1)  Trees. All trees planted to comply
with the minimum landscaping standards shall be
at least six feet in height;
(2)  Shrubs. All shrubs planted to comply
with the minimum landscaping standards shall be
at least a five-gallon size;
(3)  Ground cover. All ground cover
species shall be evergreen perennials.
(C)  The Director may approve substitutions
for the landscaping material requirements to
incorporate existing native and planted vegetation
or other circumstances.
(D)  Landscaped areas may also include
decorative rock, sculpture, walkways, patios,
fountains or similar features. These features shall
not be used as replacements for the required trees
and shrubs.
(E)  Landscaping areas shall be maintained in
a neat, orderly condition free of weeds and litter.
934 - 10 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
Landscaping specimens shall be maintained in a
healthy condition and replaced as necessary.
[Adopted 98-002 ?3 eff 3/4/98]
E. PARKING STANDARDS
934.250 Parking, off-road required
(A)  Off-road parking shall be provided on
the development site in all zoning districts for all
uses specified under LCC 934.252, 934.253 and
934.260.
(B)  All required parking must be under the
same ownership as the development site served,
except through special covenant agreements
which bind the parking to the development site as
may be approved by the hearing authority or the
Director.
[Adopted 98-002 ?3 eff 3/4/98]
 
934.251 Parking area design
(A)  All public or private parking areas or
garages, except those required in conjunction with
a single-family dwelling on a single authorized
unit of land shall be designed and constructed in
accordance with the provisions of LCC 934.250 to
934.260.
(B)  All public or private parking areas and
parking spaces, except those required in conjunc-
tion with a single-family dwelling shall be de-
signed and constructed to conform to the mini-
mum standards as set forth in this LCC 934.250 to
934.260 and to the applicable property develop-
ment standards of the zoning district in which
such parking area is located.
(C)  Groups of three or more parking spaces,
except those in conjunction with single-family
dwellings on a single authorized unit of land shall
be served by a service drive so that no backward
movement or other maneuvering of a vehicle
within a public road other than an alley, will be
required. Service drives shall be designed and
constructed to facilitate the flow of traffic, provide
maximum safety from traffic ingress and egress
and maximum safety for pedestrians and vehicular
traffic on the site. In no case shall two-way and
one-way driveways be less than 30 feet and 16
feet, respectively.
[Adopted 98-002 ?3 eff 3/4/98]
934.252 Parking requirements for uses not
specified
The parking space requirements for buildings
and uses not set forth shall be determined by the
Director and shall be based upon the requirements
for the most comparable building or use specified.
The decision of the Director may be appealed in
the manner provided under LCC Chapter 921
(Land Development Administration Code).
[Adopted 98-002 ?3 eff 3/4/98]
 
934.253 Parking, common facilities for mixed
uses
(A)  In the case of mixed uses, the total
requirements for off-road parking spaces shall be
the sum of the requirements for the various uses.
Off-road parking facilities for one use shall not be
considered as providing parking facilities for any
other use except as provided below.
(B)  Joint use of parking facilities. The Direc-
tor may, upon application, authorize the joint use
of parking facilities required by said uses and any
other parking facility provided that:
(1)  The applicant shows that there is no
substantial conflict in the operating hours of the
building or use for which the joint use of parking
facilities is proposed;
(2)  The parking facility for which joint
use is proposed is no farther than 400 feet from
the building or use required to provide parking;
and
(3)  The parties concerned in the joint use
of off-road parking facilities shall sign an agree-
ment for such joint use, using a legal instrument
approved by County Counsel as to form and
content. Such instrument, when approved as
conforming to the provisions of the Land
Development Code, shall be recorded in the office
of the County Clerk with a copy provided to the
Director.
[Adopted 98-002 ?3 eff 3/4/98]
 
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 11
Distribution Run time: May 7, 2004 (10:48:56am)
934.254 Parking, paving required
All public or private parking areas which
contain three or more parking spaces and outdoor
vehicles sales areas shall be improved pursuant to
the following minimum standards:
(A)  All parking areas and sales areas shall
have a durable, dust-free surfacing of asphaltic
concrete, portland cement concrete or other ap-
proved materials. All parking areas and sales
areas, except those in conjunction with a single-
family dwelling, shall be graded so as not to drain
storm water over the public sidewalk or onto any
abutting public or private property.
(B)  All parking areas and sales areas, except
those required in conjunction with a single-family
dwelling, shall provide a substantial bumper
which will prevent cars from encroachment on
abutting private or public property.
(C)  All parking areas and sales areas, includ-
ing service drives, except those required in con-
junction with single-family dwellings which abut
a ?2Non-Resource (NR), Rural Residential (RR)
or Rural Center (RCT) zoning district, shall be
enclosed along all interior property lines which
abut such district by an ornamental wood fence or
masonry wall not less than four feet nor more than
six feet in height.
(1)  Such wood fence or masonry wall
shall adhere to the visual clearance and front and
interior yard requirements established for the
zoning district in which it is located;
(2)  If the fence, wall or hedge is not
located on the property line, the area between the
fence, wall or hedge and the property line shall be
landscaped with lawn or low-growing evergreen
ground cover or vegetation or rock mulch;
(3)  All plants in this area shall be ade-
quately maintained by a permanent irrigation
system and said fence, wall or hedge shall be
maintained in good condition; and
(4)  Adequate provisions shall be main-
tained to protect walls, fences or plants from being
damaged by vehicles using the parking area.
(D)  Any lights provided to illuminate any
public or private parking area or vehicle sales area
shall be so arranged as to reflect the light away
from any abutting or adjacent residential zoning
district or residence.
(E)  All parking spaces shall be substantially
marked to comply with the diagram set forth in
Table 1 at the end of this Chapter.
[Adopted 98-002 ?3 eff 3/4/98; 04-043 ?3 eff 4/28/04]
934.255 Parking, off-road relationship to load-
ing areas
All loading spaces for commercial and indus-
trial buildings and uses shall be in excess of
required parking spaces.
[Adopted 98-002 ?3 eff 3/4/98]
 
934.260 Parking spaces required
The number of off-road parking spaces required
shall be no less than set forth in Table 1 at the end
of this Chapter.
[Adopted 98-002 ?3 eff 3/4/98]
F. FARMSTAND STANDARDS
934.300 Farm stands; development standards
(A)  The development standards set forth in
subsection (B) shall apply to farm stands in zon-
ing districts allowing limited farm use.
(B)  Development standards.
(1)  A farm stand shall be less than 120
square feet.
(2)  A permanent farm stand shall meet
building code and setback standards.
(3)  A temporary farm stand, exempt
from building code and setback standards, shall be
removed at the conclusion of each harvest season.
(4)  Temporary farm stands are not
exempt from the clear vision area standards.
[Adopted 98-002 ?3 eff 3/4/98]
G. PERSONAL USE AIRPORT STANDARDS
934.310 Personal use airports; development
standards
(A)  Personal use airports are permitted in the
following zoning districts:
C Exclusive Farm Use (EFU),
934 - 12 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
C Urban Growth Area?Exclusive Farm Use (UGA?
EFU?80);
C Farm/Forest (F/F),
C Urban Growth Area?Farm/Forest (UGA?F/F);
C Agribusiness (AB),
C Heavy Industria l (HI),
C Limited Industrial (LI),
?2 C Non-resource (NR),
C Rural Residential (RR),
C Urban Growth Area?Heavy Industrial (UGA?HI),
C Urban Growth Area?Limited Industrial (UGA?LI).
(B)  Personal use airports are subject to the
following limitations.
(1)  Only aircraft owned or controlled by
the owner of the airstrip may be based on the
personal use airport.
(2)  Skydiving activities may be allowed
as a separate use in conjunction with a personal
use airport.
[Adopted 98-002 ?3 eff 3/4/98; 04-043 ?3 eff 4/28/04]
H. MANUFACTURED DWELLING PARKS STAN-
DARDS
934.330 Manufactured dwelling parks; devel-
opment standards
(A)  Any infilling of a manufactured dwelling
park shall comply with the minimum development
standards of the Linn County Code in addition to
standards regulating manufactured dwelling parks
as promulgated and administered by the Building
Codes Division of the State Department of Com-
merce and Business Services under provisions of
OAR Chapter 814.
(B)  In the event that standards of the Land
Development Code conflict with the standards of
OAR Chapter 814, OAR Chapter 814 shall gov-
ern.
(C)  All development which occurs while
infilling a manufactured dwelling park shall
comply with the minimum development standards
set forth in LCC Chapter 934 (General Develop-
ment Standards Code).
(D)  The Director may approve an exception
the standards set forth in this section that are not
otherwise disallowed by the OAR Chapter 814 if
the applicant can demonstrate that:
(1)  Topographic or site characteristics
limit implementation of these standards;
(2)  Approval of this exception will not
undermine the intent of this Development Code;
and
(3)  The granting of this exception will
not be injurious to the public health, safety or
welfare nor materially injurious to properties or
improvements in the vicinity.
[Adopted 98-002 ?3 eff 3/4/98]
I. OIL, GAS, GEOTHERMAL RESOURCES EX-
PLORATION AND EXTRACTION STANDARDS
934.340 Oil, natural gas, geothermal explora-
tion and extraction; standards for
rehabilitation and restoration of sites
(A)  The mineral property owner having an
approved reclamation plan by the Oregon Depart-
ment of Geology and Mineral Industries shall be
responsible for the eventual rehabilitation and
restoration of the site as described in the plan
submitted with the application.
(B)  Except for buildings and structures
which are permitted uses in the zone in which the
site is located, all buildings, equipment, apparatus
and appurtenances accessory to the exploration
and extraction operation shall be removed from
the site upon abandonment of the exploration or
extraction operation.
(C)  Upon abandonment of the exploration or
extraction operation, the site shall be restored as
follows:
(1)  All excavations shall be back-filled
with comparable soils to the original contour of
the site;
(2)  All fill material not used for back-
filling in paragraph (1) shall be removed from the
site down to the original topsoil; and
(3)  The existing fill or excavation may
be allowed to remain, or may be altered, if the site
as contoured upon abandonment
(a)  is to be utilized as a use permit-
ted within the zoning district, and
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 13
Distribution Run time: May 7, 2004 (10:48:56am)
(b)  is a benefit to the development
of that proposed use.
[Adopted 98-002 ?3 eff 3/4/98]
J. PROTECTED MINERAL OR AGGREGATE SITE
STANDARDS
934.350 Environmental quality standards
All activities within a protected mineral or
aggregate site shall meet any applicable environ-
mental quality standards of the Oregon Depart-
ment of Environmental Quality, the Oregon
Department of Geology and Mineral Industries, or
Oregon Division of State Lands, and any other
applicable standards as administered by any other
governmental agency.
[Adopted 98-002 ?3 eff 3/4/98]
934.351 Access standard
Each property used shall have at least a 60
foot frontage onto a public road or have an ease-
ment of access to a public road that has been
approved by the Roadmaster.
[Adopted 99-156 ?10 eff 6/30/99]
934.352 Setback standards
(A)  For purposes of this section, ?on-site
haul road? means a private road that is con-
structed or used to haul aggregate to a public road.
(B)  Protected mineral and aggregate sites are
subject to the setback standards set forth in the
following table:
SUBJECT SETBACK FROM:
Access to or from
the property shall
be developed over
an existing access
point or
100 feet any existing property
access point or adjoin-
ing property access
point
Excavation 75 feet any property line
storage of topsoil
for later use in rec-
lamation and all
materials stored
for sale
30 feet any property line
building, locating,
and operating pro-
cessing equipment
30 feet any property line
construct or use an
on-site haul road
30 feet any property boundary
or public road2
 The Director may approve a different setback for a1
flag-lot provided that the haul road on the flag-lot is a
minimum of 10 feet from any property boundary.
 The setback limitations imposed by this section shall2
not apply at an access point to a public road right-of-
way.
(C)  No operator may haul aggregate over a
route not specified in a truck haul plan approved
by the Roadmaster.
(D)  No operator may at any time allow
excavation to undermine or threaten to undermine
any property not under the control of the extrac-
tion operator.
[Adopted 99-156 ?10 eff 6/30/99]
934.353 Waiver of setbacks
Notwithstanding the setback limitations
imposed by LCC 934.352, the setbacks described
therein do not apply to the boundary that crosses
a protected mineral or aggregate site.
[Adopted 98-002 ?3 eff 3/4/98]
934.354 Variance standards
(A)  If a variance to the standards set forth in
LCC 934.352 is approved, the additional stan-
dards set forth in this section shall be imposed on
the development permit.
(B)  The standards set forth in this section
apply to a protected mineral or aggregate site.
(C)  Where the protected mineral or aggregate
site adjoins a residential, commercial or industrial
zoning district and extraction is to occur within 75
feet of a property boundary adjoining such zoning
district, a safety fence at least four feet in height
shall be erected along the property boundary.
[Adopted 99-156 ?10 eff 6/30/99]
934.356 Off-site parking
(A)  All parking facilities for visitors, cus-
tomers and employees shall be located within the
boundary of the property under the control of the
operator and adjoining the extraction and process-
ing site.
(B)  Where a boundary of a residential,
commercial or industrial zoning district, or where
a residential, commercial or industrial structure is
934 - 14 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
within 30 feet of a property boundary, parking
may occur at a minimum distance of 10 feet from
the property boundary.
(C)  All off-road parking shall comply with
provisions of this Chapter.
[Adopted 98-002 ?3 eff 3/4/98]
934.357 Hours of operation
All operations in a protected mineral or
aggregate site other than office activities and
machinery and equipment maintenance and repair
shall be limited to operating months, days and
hours specified on the development permit.
[Adopted 98-002 ?3 eff 3/4/98]
934.359 Vegetative screening
(A)  A vegetative screen 10 feet in width shall
be planted along any adjoining public roadway or
residential, commercial or industrial zoning
district before extraction activities may com-
mence.
(B)  The screen shall consist of native plants
and trees or plants and trees with a demonstrated
ability to thrive under these site conditions. The
vegetative screen shall consist of species capable
of growing to a height of at least 10 feet.
(C)  The screening standards along bound-
aries of a protected mineral or aggregate site are as
set forth in the following table:
FOR A NEW OR
EXPANDED ARO
MINING AREA
OR USE
FROM ADJACENT ZONING DISTRICT OR EXIST-
ING LAND USE
SCREENING STANDARDS ALONG BOUNDARIES OF A
PROTECTED MINERAL ORAGGREGATE SITE
Vegetative Screen Sight-obscuring Fence1
Height Width
ARO mining
area
Residential, Commercial, Industrial, or Resource
Use n/a n/a n/a
Public Roadway; Residential, Commercial, Indus-
trial Zoning District 10 feet 10 feet n/a
Aggregate permit
issued under
LCC 921.562
Residential, Commercial, Industrial, or Resource
Use n/a n/a n/a
Public Roadway; Residential, Commercial, Indus-
trial Zoning District 10 feet 10 feet n/a
A vegetative screen shall consist of native plants and trees or plants and trees with a demonstrated ability to thrive under the1
site conditions. A vegetative screen shall consist of species capable of growing to a height of at least 10 feet.
Property shall have either a 1?foot-high vegetative screen or a 6-foot-high sight-obscuring fence.2
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-156 ?10 eff 6/30/99]
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 15
Distribution Run time: May 7, 2004 (10:48:56am)
K. HOME OCCUPATION PERFORMANCE STAN-
DARDS 
934.360 Home occupations; performance stan-
dards
(A)  All home occupations shall be conducted
in a manner that complies with the standards of
operation set forth in subsection (B).
(B)  Performance standards.
(1)  The home occupation will be owned
and operated by a resident of the property on
which the business is located. An employee may
operate the business during the temporary absence
of the owner of the home occupation.
(2)  The home occupation shall employ,
on site, no more than five full or part-time per-
sons, including residents of the dwelling.
(3)  The home occupation will be oper-
ated substantially in the dwelling or other build-
ings normally associated with uses permitted in
the zoning district in which the property is lo-
cated.
(4)  No modification to a dwelling shall
be made that would cause it to resemble anything
other than a dwelling.
(5)  Home occupations shall be limited to
the numbers and types of vehicles for use in the
operation as set forth in this paragraph. The home
occupation is limited to two motor vehicles se-
lected from subparagraph (a), two vehicles from
subparagraph (b), and an unlimited number of
equipment from subparagraph (c).
(a)  Motorized vehicles that are
designed for travel on public roads or heavy
motorized vehicle equipment such as a tractor,
caterpillar, or backhoe.
(b)  Non-motorized vehicles that are
drawn by a motorized vehicle that is designed to
travel on a public road.
(c)  Motorized and non-motorized
equipment such as lawnmowers, concrete mixers,
wheelbarrows.
(6)  No more than two vehicles at any
one time may be repaired, serviced, modified,
assembled, or stored on-site for such purpose.
(7)  The storage of equipment or parts
shall be limited to those required for the main-
tenance, manufacture or repair of products sold,
manufactured or repaired by the home occupation.
Such storage shall comply with the materials
storage requirements listed in LCC 934.130 (D).
(8)  On-premise sales of merchandise
shall be limited to goods manufactured, processed,
finished or repaired by the home occupation.
(9)  On-premise parking areas shall be of
sufficient area to accommodate all vehicles asso-
ciated with the home occupation.
(10)  The operation or use of equipment
or processes resulting in offense or irritation to
neighboring residents shall not be permitted.
(11)  Signs are subject to LCC 934.210
to 934.217.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]]
L. KENNELS PERFORMANCE AND
DEVELOPMENT STANDARDS
934.370 Kennels; performance standards
The following minimum standards shall apply
to all kennels. Except where specifically stated
otherwise, all of the following information shall
be provided at the time the application for a
kennel conditional use permit is submitted. The
development plan shall include the following:
(A)  The perimeter of the kennel building,
outdoor runs and the parking area shall be com-
pletely fenced with either chain link fencing or
other non-climbable fencing. All fencing shall be
anchored soundly to the ground and be of suffi-
cient height to prevent animals from escaping by
digging under the fence or climbing over the
fence.
(B)  The kennel building shall be enclosed
and insulated to maintain a temperature-controlled
environment and provide a noise barrier.
(C)  Adequate lighting and ventilation shall
be provided in the kennel building for the health
and comfort of the animals at all times.
(D)  The kennel building shall have concrete
floors and be equipped with a drainage system to
934 - 16 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
facilitate cleaning and an adequate method of
waste disposal approved by the Environmental
Health Program (EHP). A waste collection and
drainage plan shall be submitted to and approved
by the EHP before a kennel may operate.
(E)  Kennels are not permitted to be operated
in conjunction with the purchase or sale of ani-
mals.
(F)  The kennel operator shall notify the Linn
County Dog Control Department, the Oregon
Department of Agriculture and the United States
Department of Agriculture that a kennel is in
operation. Proof of the notifications shall be
provided to the Department.
(G)  Dogs shall be kept inside the enclosed
kennel building, at a minimum, between the hours
of 9:00 p.m. and 7:00 a.m. Except for an emer-
gency, the kennel shall not be open to the public
between the hours of 9:00 p.m. and 7:00 a.m.
(H)  A kennel may only be located on a
authorized unit of land that contains a dwelling.
The dwelling shall be occupied by the kennel
owner, operator, manager, caretaker or other
individual responsible for the kennel.
(I)  Any outdoor lighting shall be directed
away from neighboring residences.
(J)  An access and parking plan is required to
demonstrate adequate access and parking for the
kennel facility. Parking requirements shall comply
with the provisions of LCC 934.250 to 934.260.
(K)  A kennel facility shall board no more
than 100 dogs and 50 cats based on locational,
operational and site characteristics. The minimum
size of the authorized unit of land on which a
kennel may be approved is one acre.
(L)  Unless specifically requested by the
animals? owner(s), no more than one dog or one
cat may be permitted per individual kennel run or
cage.
(M)  Animal training and grooming may be
permitted as accessory uses to a kennel.
[Adopted 98-002 ?3 eff 3/4/98]
934.375 Kennels; property development stan-
dards 
(A)  The proposal is subject to the property
development standards set forth in subsection (B).
(B)  Development standards.
(1)  A kennel building shall be located
not less than 50 feet from a property line and the
outdoor runs shall be located not less than 75 feet
from a property line.
(2)  A kennel building shall be located
within 200 feet of the dwelling on the property for
which the kennel is proposed.
[Adopted 98-002 ?3 eff 3/4/98]]
M. MEDICAL HARDSHIP DWELLING STAN-
DARDS
934.380 Medical hardship dwelling; siting
standards
A medical hardship dwelling may be tempo-
rarily sited when all of the following standards are
met:
(A)  A licensed Oregon physician has certi-
fied that a medical hardship exists and the af-
flicted person requires close supervision and care,
or proof satisfactory to the Director that the person
is 65 years of age or older.
(B)  The Environmental Health Program has
authorized the medical hardship dwelling to
connect to the existing subsurface sewage disposal
system or has authorized an alternative means of
sewage disposal.
(C)  The residence of the qualifying person
must be sited within 200 feet of, and on the same
authorized unit of land as, the residence of the
care giver.
(D)  The placement of the manufactured
dwelling is temporary in nature and the land-
owner, lessee, qualifying person, and care giver
shall acknowledge that the medical hardship
dwelling is temporary in nature and shall agree:
(1)  in the case of a manufactured dwell-
ing,
(a)  in the RDZ other than in the AB,
HI, or LI zoning districts, to remove the manufac-
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 17
Distribution Run time: May 7, 2004 (10:48:56am)
tured dwelling within 70 days of when the term of
hardship ceases, or
(b) in any other zoning district, to
remove the manufactured dwelling or to convert
the dwelling to a non-residential use allowed or
permitted in the zoning district within 70 days of
when the term of hardship ceases; or
(2)  in the case of the conversion of an
existing building, to remove, demolish, or return
the existing building to an allowed non-residential
use within 3 months.
(E)  The applicant shall place the manufac-
tured dwelling on the property in a manner that
will comply with all applicable property develop-
ment standards unless an appropriate variance has
been obtained.
(F)  The applicant shall apply for and obtain
from the Department a placement permit before
locating a manufactured dwelling on any property.
(G)   The applicant shall apply for and obtain
from the Department any other permits required
by law.
(H) The applicant shall apply for and obtain
a permit authorizing the conversion of a medical
hardship dwelling to a non-residential use.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?15 eff 6/30/99]
N. SOLID WASTE PERFORMANCE AND DEVEL-
OPMENT STANDARDS
934.390 Solid waste disposal sites; perfor-
mance standards and site development
(A)  The following minimum standards shall
apply to the establishment, maintenance and
operation of a solid waste disposal system through
the conditional use procedure. The Commission
may, at their discretion, provide additional condi-
tions on operation:
(1)  Access: Each property used shall
have a minimum of 60 feet of road frontage onto
a public road or easement of access to a public
road, unless the Director authorizes a setback
pursuant to the requirements of paragraph (4) of
this subsection. The Director may approve a
different setback for a flag-lot provided that the
haul road over the flag is a minimum of 10 feet
from the property boundary. Any access point to
or from the property shall be developed over an
existing access point or at least 100 feet from any
existing property access point or adjoining prop-
erty access point. All access to the site shall be by
a route or routes approved by the county engineer
and the Commission.
(2)  Buffering and screening: The site
shall be screened from adjoining developed
properties, public right-of-ways, and navigable
streams by leaving natural vegetation, the planting
of a hedge or other landscaping, a fence, wall,
landscaped berm or some combination of the
above. This screening, whether on the same or
other property, shall continuously obscure the
view of the site. The landowner or franchise
holder shall be responsible for the maintenance of
this screening. A buffer area to provide for the
mitigation of environmental and visual impacts
may be established in addition to or in lieu of any
screening if required by DEQ.
(3)  Excavation:
(a)  Excavation is not allowed under
any circumstances if the excavation undermines or
threatens to undermine the property of another.
(b)   Excavation may only occur 75
feet or more from any public road right-of-way.
(c)  Excavation may only occur 75
feet or more from a property boundary, other than
a public road right-of-way, unless the Director
authorizes a setback pursuant to the requirements
of sub-subparagraph (I) or (ii).
(i)  A setback of not less than 30
feet from the property boundary may be granted
after approval from DEQ where the site property
boundary adjoins a zoning district boundary or a
property on which a structure is located, when
such zoning district or structure is residential,
commercial or industrial; or
(ii)   10 feet from the property
boundary may be granted after approval from
DEQ where the a property boundary does not
adjoin a zoning district boundary or a property on
which a structure is located, when such zoning
934 - 18 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
district or structure is residential, commercial or
industrial.
(4)  Non-excavation setbacks:
(a)  Solid waste disposal and
resource-recovery activities, other than excava-
tion, may only take place 30 feet or more from any
public road right-of-way.
(b)  Solid waste disposal and
resource-recovery activities, other than excava-
tion, may only take place 30 feet or more from any
property boundary, unless the Director authorizes
a setback less than 30 feet. The Director may
authorize a setback not less than 10 feet from the
property boundary if
(i)  the property boundary does
not adjoin a zoning district boundary or a property
on which a structure is located, when such zoning
district or structure is residential, commercial or
industrial, and
(ii)  DEQ approves the setback.
(5)  Public safety: A safety fence not less
than 6 feet in height shall be erected at the prop-
erty boundary, if
(a)  the property boundary adjoins a
zoning district boundary or a property on which a
structure is located, when such zoning district or
structure is residential, commercial or industrial,
and
(b)  the solid waste disposal opera-
tions are conducted less than 75 feet, but not less
than 30 feet if authorized by the Director under an
excavation setback or non-excavation setback and
75 feet of the property boundary on which it is
located.
(c)  and where the solid waste dis-
posal operations are conducted between 30 and 75
feet of the property boundary on which it is lo-
cated, authorized by paragraphs (3 or (4) or this
subsection,
(6)  Off-road parking: All parking facili-
ties for visitors, customers and employees shall be
located within the boundary of the property under
the control of the operator and adjoining the solid
waste disposal site. Where a property boundary
adjoins a boundary of a residential, commercial or
industrial zoning district, or a property on which
there is a residential, commercial or industrial
structure, is within 30 feet of a property boundary,
parking may occur to a minimum distance of 10
feet from the property boundary.
(7)  Environmental quality: All activities
permitted shall meet the applicable environmental
quality standards of the DEQ and the EPA.
(8)  Hours of operation: All operations,
other than office activities and machinery and
equipment maintenance and repair, shall be
limited to hours and days specified by the Com-
mission.
(B)  The requirements of paragraphs (2) and
(5) of subsection (A) may be satisfied by a safety
fence or visual screen that meets the requirements
of both paragraphs.
[Adopted 98-002 ?3 eff 3/4/98]
O. STAGING PERFORMANCE AND DEVELOP-
MENT STANDARDS
934.400 Staging; performance development
standards
(A)  The minimum standards set forth in
subsection (B) shall apply to the temporary devel-
opment of staging areas in conjunction with road
maintenance and improvement projects for
county, state and federal highways. The Com-
mission may, at their discretion, provide addi-
tional conditions on operation.
(B)  Site development and performance
standards.
(1)  The operation of a staging area shall
be a temporary use limited to 12 months duration.
Extensions for a total period of time not exceeding
24 months may be granted by the Director pro-
vided that no single extension may be granted for
more than 12 months.
(2)  All activities shall meet applicable
environmental quality standards of the Oregon
Department of Environmental Quality (DEQ)
which regulates impacts from noise, dust, smoke
or other such negative impacts.
(3)  The Commission shall establish
minimum operational standards for the following:
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 19
Distribution Run time: May 7, 2004 (10:48:56am)
(a)  Types and quantity of equip-
ment;
(b)  Hours and days of operation;
and
(c)  Other conditions necessary to
conform to the decision criteria in LCC 933.200
and 933.220 or 933.250 to 933.260.
(4)  Setbacks for materials storage.
Materials may be stored to a minimum distance of
10 feet from any property boundary except where
a residential, commercial or industrial zoning
district or structure is within 30 feet of a property
boundary. In any of those cases, the materials
storage setback shall be 30 feet from that property
boundary.
(5)  Setbacks for on-site haul roads. On-
site haul roads may occur to a minimum distance
of 30 feet from any property boundary or public
road right-of-way. A variance to the property
setback requirements may be granted in the fol-
lowing circumstance: Where no residential, com-
mercial or industrial zoning district or structure is
within 30 feet of the property boundary; on-site
haul roads may occur to a minimum distance of 10
feet from that property boundary.
The on-site haul road setback requirement
shall not apply at an access point to a public road
right-of-way.
(6)  Setbacks for processing equipment
and operations. All equipment for processing
operations may be built, located and operated to a
minimum distance of 30 feet from any public road
right-of-way or property boundary. A variance to
the property boundary setback requirements may
be granted in the following circumstance: Where
no residential, commercial or industrial zoning
district or structure is within 30 feet of the prop-
erty boundary, processing equipment and opera-
tions may be located to a minimum distance of 10
feet from that property boundary.
[Adopted 98-002 ?3 eff 3/4/98]
934.410 Staging; standards for rehabilitation
and restoration
(A)  The landowner shall be responsible for
the eventual rehabilitation and restoration of the
site as described in the plan submitted with the
permit application. Failure of the property owner
to restore or rehabilitate the site shall result in
forfeiture of the security required under LCC
934.420.
(B)  Except for buildings or structures which
are permitted uses in the zone in which the site is
located, all buildings, equipment, apparatus and
appurtenances accessory to the exploration and
extraction operation shall be removed from the
site upon termination of the staging area develop-
ment.
(C)  Upon termination of the staging area
development, the site shall be restored as follows:
(1)  All excavations shall be back filled
with comparable soils to the original contour of
the site;
(2)  All fill material shall be removed
from the site down to the original topsoil; and
(3)  The existing fill or excavation may
be allowed to remain or may be altered if such site
is intended to be utilized as a use permitted with
the zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
934.420 Staging; performance security
The landowner shall be responsible for
obtaining a performance security in compliance
with LCC 933.110.
[Adopted 98-002 ?3 eff 3/4/98]
P. HISTORIC PROPERTY STANDARDS
934.430 Historic property alteration review
standards
(A)  The standards set forth in subsection (B)
shall apply to the alteration of historic property.
(B)  Alteration review standards.
(1)  The distinguishing original qualities
or characteristics of a building, property or site
and its environment shall not be destroyed. The
removal or alteration of any historic material or
distinctive architectural features should be avoid-
ed when possible.
(2)  All buildings, properties and sites
shall be recognized as products of their own time.
934 - 20 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
Alterations that have no historical basis or that
seek to create a different style shall be discour-
aged.
(3)  Changes which may have taken place
in the course of time are evidence of the history
and development of a building, property or site
and its environment. These changes may have
acquired significance in their own right and this
significance shall be recognized and respected.
(4)  Distinctive stylistic features or
examples of skilled craftsmanship which charac-
terize a building, property or site shall be treated
with sensitivity.
(5)  Deteriorated architectural features
shall be repaired rather than replaced, whenever
possible. In the event replacement is necessary,
the new material should match the material being
replaced in composition, design, color, texture and
other visual qualities. Repair or replacement of
missing architectural features should be based on
accurate duplications of features, substantiated by
historic, physical or pictorial evidence rather than
on conjectural designs or the availability of differ-
ent architectural elements from other buildings or
properties.
(6)  Every reasonable effort shall be
made to protect and preserve archaeological
resources affected by or adjacent to any project.
(7)  Contemporary design for alterations
and additions to existing properties shall not be
discouraged when such alterations and additions
do not destroy significant historical, architectural
or cultural material and such design is compatible
with the size, scale, color, material and character-
istics of the property, neighborhood or environ-
ment.
(8)  Wherever possible, new additions or
alterations to properties shall be done in such a
manner that if such additions or alterations were
to be removed in the future, the essential form and
integrity of the property would be unimpaired.
[Adopted 98-002 ?3 eff 3/4/98]
Q. PARKS
934.440 Development standards for state
parks
(A)  Generally. For a park, the standards
applicable to or imposed on the approved devel-
opment.
(B)  State parks. State parks are subject to
OAR 660-034-0000 to 66-034-0035 and any
standards set forth therein.
[Adopted 99-121 ?15 eff 6/30/99]
934.441 Development standards for local pub-
lic parks
(A)  Generally. For a local public park, the
standards applicable to or imposed on the ap-
proved development
(B)  Local public parks. Local public parks
are subject to OAR 660-034-0040 and to any
standards adopted pursuant to that rule.
[Adopted 99-121 ?15 eff 6/30/99]
934.442 Development standards for private
parks
(A)  Generally. For a private park, the stan-
dards applicable to or imposed on the approved
development.
(B)  Private campground in a private park.
For a private campground in a private park, the
campground shall additionally comply with the
following standards:
(1)  A campground shall be designed and
integrated into the rural agricultural and forest
environment in a manner that protects the natural
amenities of the site and provides buffers of
existing native trees and vegetation or other
natural features between campsites.
(2)  Campsites may be occupied by a
tent, camper cabin, yurt, teepee, travel trailer, or
recreational vehicle. No more than one-third or a
maximum of 10 campsites, whichever is smaller,
may include a yurt. The yurt shall be located on
the ground or on a wood floor with no permanent
foundation.
(3)  Separate sewer, water or electric
service hook-ups shall not be provided to individ-
ual camp sites in the RRZ.
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 21
Distribution Run time: May 7, 2004 (10:48:56am)
(4)  Campgrounds in the RRZ shall not
include intensively developed recreational uses
such as swimming pools, tennis courts, retail
stores or gas stations.
(5)  Overnight temporary use in the same
campground by a camper or camper's vehicle shall
not exceed a total of 30 days during any consecu-
tive 6 month period.
(C)  Snack shops shall not exceed:
(1)  1500 square feet of floor area in a
public or private park in an RRZ; or
(2)  the limitations on floor area autho-
rized for a public or private park in the RDZ or
UGAZ.
(D)  The term, when in the context of private
park in an RRZ, does not include:
(1)  camper cabins, yurts, teepees, cov-
ered wagons, group shelters, campfire program
areas, camp stores;
(2)  motorized off-road vehicle trails;
(3)  amenities related to park use in-
tended only for park visitors and employees:
laundry facilities; recreation shops; snack shops
not exceeding 1500 square feet of floor area;
(4)   support facilities serving only the
park lands wherein the facility is located: water
supply facilities, sewage collection and treatment
facilities, storm water management facilities,
electrical and communication facilities, restrooms
and showers, recycling and trash collection facili-
ties, registration buildings, roads and bridges,
parking areas and walkways;
(5)  park maintenance and management
facilities located within a park: maintenance shops
and yards, fuel stations for park vehicles, storage
for park equipment and supplies, administrative
offices, staff lodging.
[Adopted 99-121 ?15 eff 6/30/99; amd 02-313 ?6 eff 8/13/02
III. SPECIFIC ZONING DISTRICT STAN-
DARDS
A. RURAL RESOURCE ZONE STANDARDS
934.500 RRZ development standards; gener-
ally
(A)  In an EFU, F/F, or FCM zoning district.
Except for development which is exempted
through the provisions of LCC Chapter 936 (Non-
conforming Uses and Pre-existing Uses Code) and
properties exempted by LCC 924.500 to 924.800,
the standards set forth in LCC 934.500 to 934.590
applies to the development and creation of all
properties in an EFU, F/F, or FCM zoning district.
(B)  In an EFU zoning district. A new lot or
parcel of less than 80 acres created in an EFU
zoning district under LCC 924.500 to 924.800 is
exempt from the standards required by LCC
934.510.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?15 eff 6/30/99]
934.510 RRZ area, width and depth develop-
ment standards
(A)  Minimum property size. Except as pro-
vided by LCC 924.500 to 924.800, the minimum
parcel size in an EFU, F/F, or FCM zoning district
is set forth in subsection (C).
(B)  Minimum property widths and depths.
The minimum property widths and depths in an
EFU, F/F, or FCM zoning district are set forth in
subsection (C).
(C)  The minimum property sizes, widths, and
depths are:
Zoning
District
Minimums
Size Width Depth
EFU 80 acres 800 feet 800 feet
F/F 80 acres 800 feet 800 feet
FCM 80 acres 800 feet 800 feet
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?10 eff 6/30/99]
934 - 22 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
934.520 RRZ frontage standards
(A)  All new lots or parcels in the EFU, F/F,
and FCM zoning districts shall have access to a
public road.
(B)  If a property in an EFU, F/F, and FCM
zoning district has frontage on a public road, that
frontage shall be at least 30 feet in width.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?15 eff 6/30/99]
934.525 RRZ property coverage standards
In the EFU, F/F, and FCM zoning districts,
the maximum coverage for the principle building
and all accessory buildings and structures shall not
exceed 20 percent of the total property area.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?10 eff 6/30/99]
934.530 RRZ structural setbacks
(A)  The minimum structural and dwelling
setbacks are:
Zoning
district
Minimum structural set back in feet from
Any prop-
erty line
Protected Min-
eral or Aggre-
gate Site*
FCM zoning
district
EFU 50 100 200
F/F 50 100 200
FCM 50 100 n/a
*Applies to a residential dwelling in an EFU, F/F, and
FCM zoning district
(B)  The minimum yard setbacks for all
structures are:
Zoning
district
Minimum set back in feet from
Front yard Side yard Rear yard
EFU 30 or 60* 50 50
F/F 30 or 60* 50 50
FCM 30 or 60* 100 100
*30 feet from the front line, or 60 feet from the center of
the road, whichever is greater.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?10 eff 6/30/99]
934.535 RRZ riparian habitat setback
The minimum setbacks from a riparian
habitat are:
Zoning
district
Minimum riparian habitat set back in feet
from*
Structures Newroad Protected Mineral orAggregate Site 
EFU 50 50 50
F/F 50 50 50
FCM 50 50 50
*(1) from the top of a bank of a sensitive riparian habitat as
described in the Comprehensive Plan and shown in Ap-
pendix 1, Figure 8 following LCC Chapter 920 (Develop-
ment Code; General Provisions), or
(2) from the top of a bank, or as otherwise shown for a lake
or wetland identified in the Comprehensive Plan and
shown in Appendix 1, Figure 8 following LCC Chapter
920 (Development Code; General Provisions).
The setback does not apply to water-dependent uses.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?10 eff 6/30/99]
934.540 RRZ maximum heights
(A)  For properties within the RRZ not hav-
ing an Airport Overlay, there is no maximum
height limitation.
(B)  For properties within the RRZ having an
Airport Overlay, the maximum height limitations
are subject to LCC 931.030.
Zoning District
Maximum height limitation in feet
With an Airport
Overlay
Without an Air-
port Overlay
EFU LCC 931.030 none
F/F LCC 931.030 none
FCM LCC 931.030 none
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?10 eff 6/30/99]
934.545 RRZ landscaping standards
In the EFU, F/F, and FCM zoning districts,
landscaping shall be provided for uses set forth in
LCC 934.100 to 934.260 in accordance with LCC
934.500 to 934.590.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?10 eff 6/30/99]
934.550 RRZ sign standards
(A)  In the EFU, F/F, and FCM zoning dis-
tricts, signs are subject to the development stan-
dards in LCC 934.215.
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 23
Distribution Run time: May 7, 2004 (10:48:56am)
(B)  In an ARO mining area, signs are subject
to the development standards in LCC 934.214.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?10 eff 6/30/99]
934.555 RRZ off-road parking standards
(A)  In the EFU, F/F, and FCM zoning dis-
tricts, the minimum standards for off-road parking
shall comply with LCC 934.250 to 934.260.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?10 eff 6/30/99]
934.560 RRZ screening standards
(A)  The minimum screening standards set
forth in this section apply to a new residential use
on RRZ property adjoining an existing aggregate
site.
(B)  New residential development on proper-
ties adjoining an aggregate site shall incorporate
a sight-obscuring vegetative screen or a sight-
obscuring fence along the property line adjoining
the aggregate site meeting the standards set forth
in the table in subsection (E).
(C)  The screening standards along bound-
aries of an aggregate site are as follows:
SCREENING STANDARDS ALONG BOUNDARIES OF AN AGGREGATE SITE
New Use Adjacent Land Use Vegetative Screen Sight-obscuring1
FenceHeight Width
Residential  Protected Mineral or Aggregate Site 10 feet n/a 6 feet22
A vegetative screen shall consist of native plants and trees or plants and trees with a demonstrated ability to thrive under the1
site conditions. A vegetative screen shall consist of species capable of growing to a height of at least 10 feet.
Property shall have either a 10?foot-high vegetative screen or a 6-foot-high sight-obscuring fence.2
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-156 ?10 eff 6/30/99]
934.565 RRZ big game habitat density stan-
dards
In the EFU, F/F, and FCM the big game
habitat density standards are:
 Habitat
Clustering Major habitat Peripheral habitat
with clustering 16 units/section 32 units/section
without clustering 8 units/section 16 units/section
[Adopted 98-002 ?3 eff 3/4/98]
934.570 RRZ access standards
In an EFU, F/F, or FCM zoning district,
access shall be designed to cause a minimum
interference with traffic and shall be subject to the
review and approval of the County Engineer.
Upon recommendation of the County Engineer or
state highway department, the dedication of
additional right-of-way and improvements con-
structed by the applicant may be required in order
to facilitate adequate traffic circulation.
[Adopted 98-002 ?3 eff 3/4/98]
934.590 F/F (forest area) and FCM zoning
district structural siting standards
(A)  The siting standards set forth in subsec-
tion (B) of this section, or their equivalent shall
apply to all new dwellings and structures in the
forest area of the F/F or in the FCM zoning dis-
tricts. These standards are designed to make such
uses compatible with forest operations and agri-
culture, to minimize wildfire hazards and risks
and to conserve values found on forest lands. A
governing body shall consider the criteria in this
rule together with the requirements OAR 660-06-
035 to identify the building site.
(B)  Siting standards.
(1)  Dwellings and structures shall be
sited on the property so that:
(a)  They have the least impact on
nearby or adjoining forest or agricultural lands;
(b)  The siting ensures that adverse
impacts on forest operations and accepted farming
practices on the tract will be minimized;
934 - 24 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
(c)  The amount of forest lands used
to site access roads, service corridors, the dwelling
and structures is minimized; and
(d)  The risks associated with wild-
fire are minimized.
(2)  Siting criteria satisfying section (1)
of this rule may include setbacks from adjoining
properties, clustering near or among existing
structures, siting close to existing roads and siting
on that portion of the parcel least suited for grow-
ing trees.
(3)  The applicant shall provide evidence
to the governing body that the domestic water
supply is from a source authorized in accordance
with the Water Resources Department's adminis-
trative rules for the appropriation of ground water
or surface water and not from a Class II stream as
defined by the State Board of Forestry in the
Forest Practices rules (OAR Chapter 629). For
purposes of this section, evidence of a domestic
water supply means:
(a)  Verification from a water pur-
veyor that the use described in the application will
be served by the purveyor under the purveyor's
rights to appropriate water; or
(b)  A water use permit issued by the
Water Resources Department for the use de-
scribed in the application; or
(c)  Verification from the Water
Resources Department that a water use permit is
not required for the use described in the applica-
tion. If the proposed water supply is from a well
and is exempt from permitting requirements under
ORS 537.545, the applicant shall submit the well
constructor's report to the county upon completion
of the well.
(4)  As a condition of approval, if road
access to the dwelling is by a road owned and
maintained by a private party or by the Oregon
Department of Forestry, the U.S. Bureau of Land
Management, or the U.S. Forest Service, then the
applicant shall provide proof of a long-term road
access use permit or agreement. The road use
permit may require the applicant to agree to accept
responsibility for road maintenance.
(5)  Approval of a dwelling on a property
containing more than 10 acres approved under
LCC 933.720 to 933.750 shall be subject to the
following requirements:
(a)  Approval of a structure requires
the owner of the tract to plant a sufficient number
of trees on the tract to demonstrate that the tract is
reasonably expected to meet Department of
Forestry stocking requirements at the time speci-
fied in Department of Forestry administrative
rules;
(b)  The Director shall notify the
County Assessor of the condition described in
subparagraph (a) of this paragraph at the time the
dwelling is approved;
(c)  The property owner shall submit
a stocking survey report to the County Assessor
and the Assessor shall verify that the minimum
stocking requirements have been met by the time
required by Department of Forestry rules. The
Assessor shall inform the Department of Forestry
in cases where the property owner has not submit-
ted a stocking survey report or where the survey
report indicates that minimum stocking require-
ments have not been met;
(d)  Upon notification by the Asses-
sor the Department of Forestry will determine
whether the tract meets minimum stocking re-
quirements of the Forest Practices Act. If the
Department determines that the tract does not
meet those requirements, the Department will
notify the owner and the Assessor that the land is
not being managed as forest land. The Assessor
shall then remove the forest land designation
pursuant to ORS 321.359 and impose the addi-
tional tax pursuant to ORS 321.372.
(6)  A structure or dwelling in the forest
area of an F/F zoning district shall be located on
an authorized unit of land within a fire protection
district or shall be provided with structural fire
protection by contract.
(a)  If the structure or dwelling is not
within a fire protection district, the applicant shall
provide evidence that the applicant has asked to
be included within the nearest such district.
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 25
Distribution Run time: May 7, 2004 (10:48:56am)
(b)  If the Director determines that
inclusion within a fire protection district or con-
tracting for structural fire protection is impractica-
ble, the Director may provide an alternative means
for protecting the structure from fire hazards.
(I)  The means selected may
include a fire sprinkling system, on-site equipment
and water storage or other methods that are rea-
sonable, given the site conditions. (See also the
applicable, current sections of the [CABO, One
and Two-family Dwelling Specialty Code, F/F]
National Fire Protection Association standards
and the Uniform Fire Code as adopted by the
State of Oregon).
(II)  If a water supply is
required, it shall be a swimming pool, pond,
stream, lake or similar body of water that at all
times contains at least 4,000 gallons or a stream
that has a minimum flow of at least one cubic foot
per second.
(III)  The applicant shall
provide verification from the Water Resources
Department that any permits or registrations
required for water diversion or storage have been
obtained or that permits or registrations are not
required for the use.
(IV)  Road access shall be
provided to within 15 feet of the water?s edge for
fire-fighting pumping units. The road access shall
accommodate the turnaround of fire fighting
equipment during the fire season. Permanent signs
shall be posted along the access route to indicate
the location of the emergency water source.
(7)  Road access to the structure shall
meet the road design standards described in LCC
934.670 and 935.200.
(8)  The owner provides and maintains a
30-foot wide primary fuel-free break around
structures and a 100-foot wide secondary fuel
break around the primary fuel break (see Recom-
mended Fire Siting Standards for Dwellings and
Structures, ODOF, 1991). The fuel-free fire
breaks required by this paragraph are required
only around a dwelling on land surrounding the
dwelling that is owned or controlled by the dwell-
ing owner.
(9)  The dwelling has a fire-retarding
roof.
(10)  The dwelling will not be sited on a
slope of greater than 40 percent.
(11)  If the dwelling has a chimney or
chimneys, each chimney has a spark arrester.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-121 ?15 eff
6/30/99]
934.595 Development standards for youth
camps
(A)  A youth camp may be established in
compliance with the provisions of these standards.
The purpose of these standards is to provide for
the establishment of a youth camp that is generally
self-contained and located on an authorized unit
of land that is suitable to limit potential impacts
on nearby and adjacent land and to be compatible
with the forest environment.
(B)  These standards shall not apply to youth
camps established prior to August 21, 2002.
(C)  A ?youth camp? is a facility either
owned or leased, and operated by a state or local
government, or a nonprofit corporation as defined
under ORS 65.001, to provide an outdoor recre-
ational and educational experience primarily for
the benefit of persons twenty-one (21) years of age
and younger. Youth camps do not include any
manner of juvenile detention center or juvenile
detention facility.
(D)  An application for a proposed youth
camp shall comply with the following:
(1)  The number of overnight camp
participants that may be accommodated shall be
determined by the hearing authority, based on the
size, topography, geographic features and any
other characteristics of the proposed site for the
youth camp. Except as provided by paragraph (2)
of this subsection, a youth camp shall not provide
overnight accommodations for more than 350
youth camp participants, including staff. 
(2)  The hearing authority may allow up
to eight (8) nights during the calendar year when
the number of overnight participants may exceed
934 - 26 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
the total number of overnight participants allowed
under paragraph (1) of this subsection.
(3)  Overnight stays for adult programs
primarily for individuals over twenty-one years of
age, not including staff, shall not exceed 10% of
the total camper nights offered by the youth camp.
(4)  A campground as described in LCC
928.631 (B) (1) shall not be established in con-
junction with a youth camp. 
(5)  A youth camp shall not be allowed in
conjunction with an existing golf course. 
(6)  A youth camp shall not interfere with
the exercise of legally established water rights on
adjacent properties. 
(E)  The youth camp shall be located on an
authorized unit of land that is: 
(1)  Suitable to provide a forested setting
needed to ensure a primarily outdoor experience
without depending upon the use or natural charac-
teristics of adjacent and nearby public and private
land. This determination shall be based on the
size, topography, geographic features and any
other characteristics of the proposed site for the
youth camp, as well as, the number of overnight
participants and type and number of proposed
facilities. A youth camp shall be located on an
authorized unit of land of at least 40 acres. 
(2)  Suitable to provide a protective
buffer to separate the visual and audible aspects of
youth camp activities from other nearby and
adjacent lands. The buffers shall consist of forest
vegetation, topographic or other natural features
as well as structural setbacks from adjacent public
and private lands, roads, and riparian areas. The
structural setback from roads and adjacent public
and private property shall be 250 feet unless the
hearing authority sets a different setback based
upon the following criteria that may be applied on
a case-by-case basis: 
(a)  The proposed setback will
prevent conflicts with commercial resource man-
agement practices; 
(b)  The proposed setback will
prevent a significant increase in safety hazards
associated with vehicular traffic; and 
(c)  The proposed setback will
provide an appropriate buffer from visual and
audible aspects of youth camp activities from
other nearby and adjacent resource lands. 
(3)  Suitable to provide for the establish-
ment of on-site sewage disposal facilities without
requiring a sewer system 
(4)  Predominantly forestland if within
the Farm/Forest (F/F) zone. 
(F)  A youth camp may provide for the fol-
lowing facilities: 
(1) Recreational facilities limited to
passive improvements, such as open areas suitable
for ball fields, volleyball courts, soccer fields,
archery or shooting ranges, hiking and biking
trails, horse back riding or swimming that can be
provided in conjunction with the site's natural
environment. Intensively developed facilities such
as tennis courts, gymnasiums, and golf courses
shall not be allowed. One swimming pool may be
allowed if no lake or other water feature suitable
for aquatic recreation is located on the subject
property or immediately available for youth camp
use. 
(2)  Primary cooking and eating facilities
shall be included in a single building. Except in
sleeping quarters, the hearing authority may allow
secondary cooking and eating facilities in one or
more buildings designed to accommodate other
youth camp activities. Food services shall be
limited to the operation of the youth camp and
shall be provided only for youth camp partici-
pants. The sale of individual meals may be offered
only to family members or guardians of youth
camp participants. 
(3)  Bathing and laundry facilities except
that they shall not be provided in the same build-
ing as sleeping quarters. 
(4)  Up to three camp activity buildings,
not including primary cooking and eating facili-
ties. 
(5)  Sleeping quarters including cabins,
tents or other structures. Sleeping quarters may
include toilets, but, except for the caretaker's
dwelling, shall not include kitchen facilities.
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 27
Distribution Run time: May 7, 2004 (10:48:56am)
Sleeping quarters shall be provided only for youth
camp participants and shall not be offered as
overnight accommodations for persons not partici-
pating in youth camp activities or as individual
rentals. 
(6)  Covered areas that are not fully
enclosed. 
(7)  Administrative, maintenance and
storage buildings; permanent structure for admin-
istrative services, first aid, equipment and supply
storage, and for use as an infirmary if necessary or
requested by the applicant. 
(8)  An infirmary may provide sleeping
quarters for the medical care provider, (e.g. Doc-
tor, Registered Nurse, Emergency Medical Tech-
nician, etc.). 
(9)  A caretaker's residence may be
established in conjunction with a youth camp if no
other dwelling exists on the subject property. 
(G)  A proposed youth camp shall comply
with the following fire safety requirements: 
(1)  The fire siting standards in LCC
934.590 (B) (6) to (11); 
(2)  A fire safety protection plan shall be
developed for each youth camp that includes the
following; 
(a)  Fire prevention measures; 
(b)  On site pre-suppression and
suppression measures; and 
(c)  The establishment and mainte-
nance of fire safe area(s) in which camp partici-
pants can gather in the event of a fire.
(3)  Except as determined under para-
graph (4) of this subsection, a youth camp's on-
site fire suppression capability shall at least in-
clude: 
(a)  A 1,000-gallon mobile water
supply that can access all areas of the camp; and
(b)  A 30-gallon-per-minute water
pump and an adequate amount of hose and noz-
zles; and 
(c)  A sufficient number of fire
fighting hand tools; and 
(d)  Trained personnel capable of
operating all fire suppression equipment at the
camp during designated periods of fire danger. 
(4)  An equivalent level of fire suppres-
sion facilities may be determined by the hearing
authority. The equivalent capability shall be based
on the Oregon Department of Forestry's (ODF)
Wildfire Hazard Zone rating system, the response
time of the effective wildfire suppression agen-
cies, and consultation with ODF personnel if the
camp is within an area protected by the Oregon
Department of Forestry and not served by a local
structural fire protection provider. 
(5)  The provisions of paragraph (4) of
this subsection may be waived by the hearing
authority if the youth camp is located in an area
served by a structural fire protection provider and
that provider informs the hearing authority in
writing that on-site fire suppression at the camp is
not needed. 
(H)  The hearing authority shall require as a
condition of approval of a youth camp, that the
land owner of the youth camp sign and record in
the deed records for the county a document bind-
ing the land owner, or operator of the youth camp
if different from the owner, and the land owner's
or operator's successors in interest, prohibiting
them from pursuing a claim for relief or cause of
action alleging injury from farming or forest
practices for which no action or claim is allowed
under ORS 30.936 or 30.937. 
(I)  Nothing in these standards relieves the
hearing authority from complying with other
requirements contained in the Comprehensive
Plan or implementing land use regulations such as
the requirements addressing other resource values
(e.g. Goal 5) which exist on forest lands.
[Adopted 02-313 ?6 eff 8/21/02]
934 - 28 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
B. RURAL DEVELOPMENT ZONE STANDARDS
934.610 RDZ property size, width, and depth
standards
(A)  The property size, width and depth
standards in this subsection shall regulate devel-
opment of all properties in an AB, FIC, HI, LI,
RCM, UD?I, and UD?II zoning district.
Minimum property size, width, and depth stan-
dards
Parameter FIC,
RCM
AB, HI, LI,
UD?I, UD?II
Size ? acre 1 acres
Width 100 100 feet
Depth 100 feet 100 feet
Width (adjoining an FCM
zoning district)
500 feet 500 feet
Depth (adjoining an FCM
zoning district)
500 feet 500 feet
(B)  The following size, width and depth
standards shall regulate the development of all
properties in the RCT zoning district.
(C)  Size, width and depth.
Minimum property size, width, and depth standards
Parameter RCT-1 RCT-2? RCT-5
Size 1 acre 2? acres 5 acres
Width 130 feet 200 feet 290 feet
Depth 130 feet 200 feet 290 feet
Width (adjoining an
FCM zoning district)
500 feet 500 feet 500 feet
Depth (adjoining an
FCM zoning district)
500 feet 500 feet 500 feet
(D)  The following size, width and depth
standards shall regulate development of all prop-
erties in the RR zoning district.
Minimum property size, width, and depth standards
Parameter RR-10 RR-5 RR-2? RR-1
Size 10 acres 5 acres 2? acres 1 acre
Width 400 feet 290 feet 200 feet 130
feet
Depth 400 feet 290 feet 200 feet 130
feet
Width (adjoining
an FCM zoning
district)
500 feet 500 feet 500 feet 500
feet
Depth (adjoining
an FCM zoning
district)
500 feet 500 feet 500 feet 500
feet
?2 (E) The following size, width, and depth
standards shall regulate development of all
properties in the NR zoning district.
Minimum property size, width, and depth stan-
dards
Parameter NR?5 NR?10
Size 5 acres 10 acres
Width 290 400 feet
Depth 290 feet 400 feet
Width (adjoining an FCM
zoning district)
500 feet 500 feet
Depth (adjoining an FCM
zoning district)
500 feet 500 feet
[Adopted 98-002 ?3 eff 3/4/98; 04-043 ?3 eff 4/28/04]
934.620 RDZ access standards
(A)  All new lots or parcels in the Rural
Development Zone shall have access to a public
road.
(B)  All new lots or parcels in an AB, FIC,
HI, LI, RCM, UD?I, or UD?II zoning district shall
have frontage onto a public road.
(C)  The frontage required by subsection (B)
shall be at least 100 feet in an AB, FIC, HI, LI,
RCM, UD?I, or UD?II zoning district.
(D)  If a property in an RCT?2, RR?2, or NR
zoning district has frontage on a public road, that
frontage shall be at least 30 feet in width.
(E)  The access required by subsection (A) of
this section shall be at least 30 feet in width.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?15 eff 6/30/99; 04-043 ?3 eff 4/28/04]
934.625 RDZ property coverage standards
In the RDZ, the maximum coverage for the
principle building and all accessory buildings and
structures shall not exceed:
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 29
Distribution Run time: May 7, 2004 (10:48:56am)
(A)  30 percent of the total property area an
AB, FIC, HI, LI, RCM, RCT, UD?I, or UD?II
zoning district; or
(B)  20 percent of the total property area in an
?2NR or RR zoning district.
[Adopted 98-002 ?3 eff 3/4/98; 04-043 ?3 eff 4/28/04]
934.630 RDZ structural setbacks
(A)  The minimum structural and dwelling
setbacks are:
Zoning district
Minimum structural and building set-
backs in feet
Protected Mineral
or Aggregate Site1
FCM zoning dis-
trict
AB 30 30032
FIC 30 300
HI 30 30032
LI 30 300
?2NR 30 30032
RCM 30 300
RCT 30 30032
RR 30 300
UD?I 30 30032
UD?II 30 300
 Applies to a residential dwelling in an zoning district1
Applies to a residential structure in an AB, zoning district
 From land in the Forest Conservation and Management2
(FCM) zoning district whenever the property?s width or
depth dimension from the FCM zoning district is at least
500 feet. Residential structures on properties not having
500 feet in the affected dimension shall be set back at least
100 feet from land in the FCM zoning district.
 From the property line adjoining the site.3
(B)  The minimum yard setbacks for all
structures are:
Zoning district Minimum set back in feet
Front yard Side yard Rear yard
AB 30 or 60 10 1012 2
FIC 30 or 60 10 101
HI 30 or 60 10 1012 2
LI 30 or 60 10 1012 2
?2NR 30 or 60 10 1012 2
RCM 30 or 60 10 101
RCT 30 or 60 10 101
RR 30 or 60 10 101
UD?I 30 or 60 10 1012 2
UD?II 30 or 60 10 1012 2
 30 feet from the front line, or 60 feet from the center of1
the road, whichever is greater.
 If an authorized unit of land abuts a residential zoning2
district or is within 100 feet of an existing residence.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?10 eff 6/30/99; 04-043 ?3 eff 4/28/04]
934.635 RDZ riparian habitat setback
The minimum setbacks from a riparian
habitat are:
Zoning district Minimum riparian habitat set backfor structures in feet from
AB 502
FIC 502
HI 502
LI 502
?2NR 502
RCM 502
RCT 502
RR 502
UD?I 502
UD?II 502
 (1) from the top of a bank of a sensitive riparian habi-1
tat as described in the Comprehensive Plan and shown
in Appendix 1, Figure 8 following LCC Chapter 920
(Development Code; General Provisions), or
(2) from the top of a bank, or as otherwise shown for a
lake or wetland identified in the Comprehensive Plan
and shown in Appendix 1, Figure 8 following LCC
Chapter 920 (Development Code; General Provisions).
The setback does not apply to water-dependent uses.
[Adopted 98-002 ?3 eff 3/4/98; 04-043 ?3 eff 4/28/04]
934.640 RDZ maximum heights
(A)  For properties within an AB, FIC, HI, LI,
?2NR, RCM, RCT, RR, UD?I, or UD?II zoning
district, the maximum height limitations are
subject to the following table.
Zoning
District
Maximum height limitation in feet
With an Air-
port Overlay
Without an Airport Over-
lay
AB LCC 934.810 none
934 - 30 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
FIC LCC 934.810 
35, or 2 stories, excluding
daylight basements, which-
ever is greater
HI LCC 934.810 none
LI LCC 934.810 none
?2NR LCC 934.810 
35, or 2 stories, excluding
daylight basements, which-
ever is greater
RCM LCC 934.810 
35, or 2 stories, excluding
daylight basements, which-
ever is greater
RCT LCC 934.810 
35, or 2 stories, excluding
daylight basements, which-
ever is greater
RR LCC 934.810 
35, or 2 stories, excluding
daylight basements, which-
ever is greater
UD?I LCC 934.810 none
UD?II LCC 934.810 none
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 04-043 ?3 eff
4/28/04]
934.645 RDZ landscaping standards
In an AB, FIC, HI, LI, RCM, RCT, UD?I, or
UD?II zoning district, landscaping shall be pro-
vided for uses set forth in LCC 934.220 to
934.228.
[Adopted 98-002 ?3 eff 3/4/98]
934.650 RDZ sign standards
(A)  In the AB, FIC, HI, LI, RCM, RCT,
UD?I, or UD?II zoning districts, advertising signs
and directional signs shall only be developed as
provided in LCC 934.217.
(B)  In an ?2NR or RR zoning district, signs
are subject to the development standards in LCC
934.215.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?15 eff 6/30/99; 04-043 ?3 eff 4/28/04]
934.652 RDZ artificial lighting standards
In the RDZ, artificial lighting, including
illuminated signs and parking area lights, shall be
so arranged as not to produce glare on adjacent
properties.
[Adopted 98-002 ?3 eff 3/4/98]
934.655 RDZ off-road parking standards
In an AB, FIC, HI, LI, ?2NR, RCM, RCT,
RR, UD?I, or UD?II zoning district, the minimum
standards shall comply with LCC 934.250 to
934.260.
[Adopted 98-002 ?3 eff 3/4/98; 04-043 ?3 eff 4/28/04]
934.660 RDZ screening and material storage
standards
(A)  In an AB, RCT, UD?I, or UD?II zoning
district, site screening and outdoor material stor-
age, when permitted, shall comply with LCC
934.130.
(B)  In an HI, LI, RCM, RCT, UD?I, or
UD?II zoning district, site screening and outdoor
material storage, when permitted in LCC 929.220
(B) (1) or (2) shall comply with LCC 934.130.
(C)  In an AB, FIC, HI, LI, RCM, RCT,
UD?I, or UD?II zoning district, new residential
development on properties adjoining a protected
mineral or aggregate site shall incorporate a sight-
obscuring, vegetative screen or a sight-obscuring
fence along each side or rear property line adjoin-
ing the aggregate site.
Zoning
district
Screening standards  for property adjoining1
A public roadway or
residential, commer-
cial or industrial zon-
ing district. The
property shall have
either
A Protected Mineral or
Aggregate Site. The
property shall have
either
A vegeta-
tive screen
A sight-obscur-
ing fence
A vegetative
screen
A sight-obscur-
ing fence
AB n/a n/a 10 foot high 6 foot high 22
FIC n/a n/a 10 foot high 6 foot high22
HI n/a n/a 10 foot high 6 foot high 22
LI n/a n/a 10 foot high 6 foot high 32
?2NR n/a n/a 10 foot high 6 foot high 22
RCM n/a n/a 10 foot high 6 foot high 22
RCT n/a n/a 10 foot high 6 foot high 22
RR n/a n/a 10 foot high 6 foot high 22
UD-I n/a n/a 10 foot high 6 foot high 22
UD-II n/a n/a 10 foot high 6 foot high 22
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 31
Distribution Run time: May 7, 2004 (10:48:56am)
A vegetative screen shall consist of native plants and trees1
or plants and trees with a demonstrated ability to thrive
under the site conditions. A vegetative screen shall consist
of species capable of growing to a height of at least 10
feet.
 along the property line adjoining the aggregate site2
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-156 ?10 eff
6/30/99; 04-043 ?3 eff 4/28/04]
934.670 RDZ access standards
In the RDZ, access shall be designed to cause
a minimum interference with traffic and shall be
subject to the review and approval of the County
Engineer. Upon recommendation of the County
Engineer or state highway department, the dedica-
tion of additional right-of-way and improvements
constructed by the applicant may be required in
order to facilitate adequate traffic circulation.
[Adopted 98-002 ?3 eff 3/4/98]
934.675 RDZ building expansion standards
Buildings lawfully existing as of the estab-
lishment of an FIC, RCM zoning district which
are:
(1)  2,500 square feet or less in size, may
expand up to 3,750 square feet, and
(2)  larger than 2,500 square feet in size
may expand up to 50 percent of the existing floor
area.
[Adopted 98-002 ?3 eff 3/4/98]
934.680 RDZ approved septic system stan-
dards
In the RDZ, an approved septic system shall
be provided on-site.
[Adopted 98-002 ?3 eff 3/4/98]
934.685 RCT density standards
(A)  The minimum parcel or lot size stan-
dards established in LCC 929.550 are for areas
designated Rural Center on the Comprehensive
Plan map.
(B)  The RCT-1 zoning district may only be
applied upon approval of a Statewide Planning
Goal 14 (Urbanization) exception.
(C)  A zone amendment and exception to
Goal 14 is required before a RCT-5 acre designa-
tion is changed to a RCT-2? acre designation.
(D)  The RCT zoning districts established in
LCC 929.550 have been applied to the rural
centers in accordance with the Comprehensive
Plan.
Rural Center Minimum
Property Size Standards
Rural Center Minimum Size
Cascadia 5 acres
Crabtree 1 acre
Crawfordsville 2? acres
Holley 2.5 acres
Lacomb 2.5 acres
Peoria 1 acre
Shedd 1 acre
West Scio 2.5 acres
[Adopted 98-002 ?3 eff 3/4/98]
934.680 RR density standards
(A)  The minimum lot or parcel size stan-
dards established in LCC 929.650 are for areas
designated Rural Residential on the Comprehen-
sive Plan map.
(B)  The RR-1 zone may only be applied
upon approval of a Statewide Planning Goal 14
(Urbanization) exception.
(C)  The RR-1 and RR-2? zones may be
applied in identified urban influence areas (see
?Exception Statement? of the Comprehensive
Plan) upon approval of a Goal 14 exception.
[Adopted 98-002 ?3 eff 3/4/98]
C. URBAN GROWTH AREA ZONE STANDARDS
934.710 UGAZ property size, width, and depth
development standards
(A)  The size, width, or depth standards in a
zoning district in the UGAZ shall comply with the
standards set forth in the respective zoning dis-
trict.
934 - 32 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
(B)  The size, width, and depth standards set
forth in this subsection apply to the creation of
new lots or parcels in the UGA?HI, and UGA?LI
zoning districts.
Minimum UGA?HI, UGA?LI
Size 1 acre
Width 100 feet
Depth 100 feet
Width (adjoining an
FCM zoning district) 500 feet
Depth (adjoining an
FCM zoning district) 500 feet
(C)  The size, width, and depth standards set
forth in this subsection apply to the creation of
new lots or parcels in the UGA?RR zoning dis-
tricts.
Minimum UGA?RR?5 UGA?RR?2? UGA?RR?1
Size 5 acres 2? acres 1 acre
Width 290 feet 200 feet 130 feet
Depth 290 feet 200 feet 130 feet
Width (adjoining
FCM zoning district) 500 feet 500 feet 500 feet
Depth (adjoining
FCM zoning district) 500 feet 500 feet 500 feet
(D)  The size, width, and depth standards set
forth in this subsection apply to the creation of
new lots or parcels in the UGA?UGM zoning
districts.
Minimum UGA?UGM?20 UGA?UGM?10 UGA?UGM?5 UGA?UGM?2?
Size 20 acres 10 acres 5 acres 2?acres
Width 500 feet 300 feet 290 feet 200 feet
Depth 500 feet 300 feet 290 feet 200 feet
Width (ad-
joining FCM
zoning dis-
trict)
500 feet 500 feet 500 feet 500 feet
Depth (ad-
joining FCM
zoning dis-
trict)
500 feet 500 feet 500 feet 500 feet
[Adopted 98-002 ?3 eff 3/4/98]
934.720 UGAZ property frontage standards
(A)  The frontage standards in a zoning
district in the UGAZ shall comply with the stan-
dards set forth in the respective zoning district.
(B)  All new lots or parcels in the UGA?RR
shall have frontage onto a public road.
(C)  The frontage required by subsection (B)
shall be at least 30 feet in a UGA?RR zoning
district.
[Adopted 98-002 ?3 eff 3/4/98]
934.725 UGAZ property coverage standards
The maximum coverage for the principle
building and all accessory buildings and structures
shall not exceed:
(A)  30 percent of the total property area in a
UGA?HI or UGM?LI zoning district; or
(B)  20 percent of the total property area in a
UGA?RR or UGA?UGM zoning district.
(C)  Development of property in the UGA?
F/F or UGA?RCM zoning districts shall comply
with the standards set forth in the respective
zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
934.730 UGAZ structural standards
(A)  Development of property in the UGA?
EFU?80, UGA?F/F, UGA?HI, UGA?LI, UGA?
RCM, or UGA?UGM zoning districts shall com-
ply with the standards set forth in the respective
zoning district.
(B)  The minimum yard setbacks for all
structures in a UGAZ are:
Zoning district Minimum set back in feet
Front yard Side yard Rear yard
UGA?EFU?80 30 or 60 50 501
UGA?F/F 30 or 60 50 501
UGA?HI 30 or 60 10 1012 2
UGA?LI 30 or 60 10 1012 2
UGA?RCM 30 or 60 10 101
UGA?RR 30 or 60 10 101
UGA?UGM 30 or 60 10 101
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 33
Distribution Run time: May 7, 2004 (10:48:56am)
 30 feet from the front line, or 60 feet from the center of1
the road, whichever is greater.
 If an authorized unit of land abuts a residential zoning2
district or is within 100 feet of an existing residence.
(C)  The minimum structural and dwelling
setbacks are:
Zoning district
Minimum structural and building set-
backs in feet
Protected Min-
eral or Aggreg-
ate Site1
FCM zoning district
UGA?EFU?80 100 2002
UGA?F/F 100 2002
UGA?HI 30 3002
UGA?LI 30 3002
UGA?RCM 30 3002
UGA?RR 30 3002
UGA?UGM 30 3002
 Applies to a residential dwelling in an zoning district1
Applies to a residential structure in an AB, zoning district
 From land in the Forest Conservation and Management2
(FCM) zoning district whenever the property?s width or
depth dimension from the FCM zoning district is at least
500 feet. Residential structures on properties not having
500 feet in the affected dimension shall be set back at least
100 feet from land in the FCM zoning district.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?10 eff 6/30/99]
934.735 UGAZ riparian habitat setback
The minimum setbacks from a riparian
habitat are:
Zoning district
Minimum riparian habitat set back in
feet from
Structures Protected Mineral orAggregate Site
UGA?EFU?80 50 501
UGA?F/F 50 501
UGA?HI 50 501
UGA?LI 50 501
UGA?RCM 50 501
UGA?RR 50 501
UGA?UGM 50 501
(1) from the top of a bank of a sensitive riparian habitat as1
described in the Comprehensive Plan and shown in Ap-
pendix 1, Figure 8 following LCC Chapter 920 (Develop-
ment Code; General Provisions), or
(2) from the top of a bank, or as otherwise shown for a lake
or wetland identified in the Comprehensive Plan and
shown in Appendix 1, Figure 8 following LCC Chapter
920 (Development Code; General Provisions).
The setback does not apply to water-dependent uses.
[Adopted 98-002 ?3 eff 3/4/98; 99-156 ?10 eff 6/30/99]
934.740 UGAZ maximum heights
(A)  For properties within the UGAZ, the
maximum height limitations are subject to the
following table.
Zoning Dis-
trict
Maximum height limitation in feet
With an Air-
port Overlay
Without an Airport
Overlay
UGA?EFU?80 LCC 934.810 none
UGA?F/F LCC 934.810 none
UGA?HI LCC 934.810 none
UGA?LI LCC 934.810 none
UGA?RCM LCC 934.810 
35, or 2 stories, exclud-
ing daylight basements,
whichever is greater
UGA?RR LCC 934.810 
35, or 2 stories, exclud-
ing daylight basements,
whichever is greater
UGA?UGM LCC 934.810 
35, or 2 stories, exclud-
ing daylight basements,
whichever is greater
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
934.745 UGAZ landscaping standards
(A)  Development of property in the UGA?
EFU?80, UGA?F/F zoning districts shall comply
with the standards set forth in the respective
zoning district.
(B)  Development of property in the UGA?
HI, UGA?LI, UGA?RCM, UGA?RR, and UGA?
UGM zoning districts shall comply with the
standards set forth in the respective zoning district
and LCC 934.220 to 934.228.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
934 - 34 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
934.750 UGAZ sign standards
(A)  Development of property in the UGA?
EFU?80, UGA?F/F zoning districts shall comply
with the sign standards set forth in the respective
zoning district.
(B)  Development of property in the UGA?
HI, UGA?LI, UGA?RCM, UGA?RR, and UGA?
UGM zoning districts shall comply with the
advertising signs and directional signs standards
set forth in the respective zoning district and LCC
934.210 to 934.217.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
934.755 UGAZ off-road parking standards
(A)  Development of property in the UGA?
EFU?80, UGA?F/F zoning districts shall comply
with the off-road parking standards set forth in the
respective zoning district.
(B)  Development of property in the UGA?
HI, UGA?LI, UGA?RCM, UGA?RR, and UGA?
UGM zoning districts shall comply with the
advertising signs and directional signs standards
set forth in the respective zoning district and LCC
934.250 to 934.260.
[Adopted 98-002 ?3 eff 3/4/98]
934.760 UGAZ screening and material storage
standards
(A)  Development of property in the UGA?
EFU?80, UGA?F/F zoning districts shall comply
with the screening or material storage standards
set forth in the respective zoning district.
(B)  Development of property in the UGA?
HI, UGA?LI, UGA?RCM, and UGA?UGM
zoning districts shall comply with the screening or
material storage standards set forth in the respec-
tive zoning district and LCC 934.130.
(C)  Residential development on properties in
a UGA?RR and UGA?UGM zoning districts
adjoining a protected mineral or aggregate site
shall incorporate a sight-obscuring, vegetative
screen or a sight-obscuring fence along each side
or rear property line adjoining the aggregate site.
Any vegetative screen shall consist of species
capable of growing to a height of at least 10 feet.
Any sight-obscuring fence shall be at least six feet
in height.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98; 99-156 ?10 eff
6/30/99]
934.770 UGAZ access standards
In a zoning district in the UGAZ, access shall
be designed to cause a minimum interference with
traffic and shall be subject to the review and
approval of the County Engineer. Upon recom-
mendation of the County Engineer or state high-
way department, the dedication of additional
right-of-way and improvements constructed by the
applicant may be required in order to facilitate
adequate traffic circulation.
[Adopted 98-002 ?3 eff 3/4/98]
934.790 UGAZ manufactured home standards
for placement on individual autho-
rized units of land
(A)  The manufactured home shall be:
(1)  Multi-sectional and enclose a space
of not less than 1,000 square feet.
(2)  Placed on an excavated and back-
filled foundation and enclosed at the perimeter
such that the manufactured home is located not
more than 18 inches above grade.
(3)  Certified by the manufacturer to have
an exterior thermal envelope meeting performance
standards which reduce infiltration and exfiltra-
tion levels equivalent to the performance stan-
dards required of single-family dwellings con-
structed under the state building code as defined
in ORS 455.010. This standard applies to new
manufactured homes ordered from the manufac-
tured home dealer. All other manufactured homes
shall be certified to have been constructed with an
exterior thermal envelope that met the manufac-
tured home performance standards in place at the
time the particular home was manufactured.
(4)  Provided with gutters and down
spouts to direct storm water away from the place-
ment site.
(B)  The manufactured home shall have:
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 35
Distribution Run time: May 7, 2004 (10:48:56am)
(1)  A pitched roof, except that no stan-
dard shall require a slope of greater than 3 feet in
height for each 12 feet in width.
(2)  Exterior siding and roofing which in
color, material and appearance is similar to the
exterior siding and roofing material commonly
used on residential dwellings within the commu-
nity or which is comparable to the predominant
materials used on surrounding dwellings as deter-
mined by the Department.
(3)  Base enclosed continuously at the
perimeter with either concrete, concrete block,
brick, stone, or combination thereof.
(4)  A garage or carport constructed of
like materials.
[Adopted 98-002 ?3 eff 3/4/98]
D. OVERLAY STANDARDS
934.800 Overlay standards generally
There are no development standards in the
DAO, HRO or SBHO.
[Adopted 98-002 ?3 eff 3/4/98]
934.810 AO development standards
(A)  The applicant must comply with the
standards set forth in this section for all develop-
ment in an AO.
(B)  Height Limitations.
(1)  All structures or trees shall meet all
applicable standards of the Oregon Aeronautics
Division and the Federal Aviation Administration.
(2)  No structure, mast, antenna or wire
shall be erected or altered and no tree shall exceed
or be allowed to exceed the height limit within
each of the imaginary surfaces set forth in subsec-
tion (C) of this section.
(C)  Imaginary surfaces.
(1)  Clear Zone. The ground area under
the approach surface which extends from the
primary surface to a point where the approach
surface is 50 feet above the runway elevation.
Land within the clear zone should be left open
wherever possible. Agricultural uses are compati-
ble unless they include structures or attract birds.
The clear zone shall be 250 feet wide at the end of
the runway and 450 feet wide at the beginning of
the approach zone. The length of the clear zone is
1,000 feet.
(2)  Approach Surface. The surface
longitudinally centered on the extended runway
centerline and extending upward and outward
from each end of the runway. The slope of the
height restriction in this surface is 20:1. For every
20 feet from each end of the runway, the height
limitation is increased by one foot to a maximum
distance of 5,000 feet.
(3)  Transitional Surface. The surface
that extends upward and outward at right angles to
the runway centerline. This surface extends at a
slope of 7:1 from the sides of the primary and
approach surfaces to where they intersect the
horizontal surface.
(4)  Horizontal Surface. A horizontal
plane which surrounds the airport 150 feet above
the airport elevation.
(5)  Conical Surface. A surface extend-
ing outward and upward from the periphery of the
horizontal surface at a slope of 20:1 for a horizon-
tal distance of 4,000 feet.
(D)  Roadways, parking areas and storage
yards. Roadways, parking areas and storage yards
shall be located in such a manner that vehicle
lights shall not result in glare in the eyes of the
pilots or in any other way impair visibility in the
vicinity of the runway approach.
(E)  Other Interference Prohibited. Notwith-
standing any other provisions of the Land
Development Code, no use may be made of land
or water within any zoning district established by
the Land Development Code in such a manner as
to create electrical interference with navigational
signals or radio communication between the
airport and aircraft; make it difficult for pilots to
distinguish between airport lights and other lights;
result in glare in the eyes of pilots using the
airport; impair visibility in the vicinity of the
airport; create bird strike hazards; or otherwise in
any way endanger or interfere with the landing,
934 - 36 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
takeoff or maneuvering of aircraft intending to use
the airport.
(F)  Noise Sensitive Limitations. Within the
applicable airport noise contours of the Albany
and Lebanon airports, which are indicated on
Figures 1 and 2 following this Chapter, the fol-
lowing regulations shall apply:
(1)  In the 55 to 60 Ldn range day-night
sound level area (Ldn), a declaration of antici-
pated noise levels shall be attached to any build-
ing permit and land division approval.
(2)  In the 60 to 65 Ldn area, in addition
to (1) above, prior to issuance of a building permit
for construction of noise-sensitive land use (such
as real property normally used for sleeping or
normally used as schools, churches, hospitals or
public libraries), the permit applicant shall be
required to demonstrate that a noise-abatement
strategy will be incorporated into the building
design which will achieve an indoor noise level
equal to or less than that of noise-sensitive prop-
erty within the Ldn 55 area. The Director will
review building permits for noise-sensitive devel-
opments.
[Adopted 98-002 ?3 eff 3/4/98]
934.830 LUO property development standards
The following standards shall regulate devel-
opment of all properties.
Minimum LUO
Size 1 acre
Width 100 feet
Depth 100 feet
Width (adjoining FCM zoning district) 500 feet
Depth (adjoining FCM zoning district) 500 feet
(A)  Frontage: All new authorized units of
land shall have frontage onto a public road. The
frontage shall be at least 100 feet.
(B)  Coverage: The principle structure and
accessory structures shall not cover in excess of
30 percent of the total property size.
(C)  Minimum setback standards for all
structures are set forth in the following table:
Front yard (1) 30 feet from the front property line, or
(2) 60 feet from the centerline of the road,
whichever is greater
Side yard* 10 feet
Rear yard* 10 feet
Riparian
habitat as
described
in the Com-
prehensive
Plan
* (1) from the top of a bank of a sensitive
riparian habitat as described in the Com-
prehensive Plan and shown in Appendix
1, Figure 8 following LCC Chapter 920
(Development Code; General Provisions),
or
(2) from the top of a bank, or as otherwise
shown for a lake or wetland identified in
the Comprehensive Plan and shown in
Appendix 1, Figure 8 following LCC
Chapter 920 (Development Code; General
Provisions).
The setback does not apply to water-de-
pendent uses.
* Where an authorized unit of land abuts a residential
zoning district or is within 100 feet of an existing resi-
dence, the setback shall be a minimum of 30 feet.
(D)  Additional setbacks for residential struc-
tures:
(1)  Residential structures shall be set
back from property lines at least 300 feet from
land in the Forest Conservation and Management
(FCM) zoning district whenever the property?s
width or depth dimension from the FCM zoning
district is at least 500 feet. Residential structures
on properties not having 500 feet in the affected
dimension shall be set back at least 100 feet from
land in the FCM zoning district.
(2)  Residential structures shall be set
back at least 30 feet from the side and rear prop-
erty line adjoining an aggregate extraction site.
(E)  Maximum height: No height limitation
except within an Airport Overlay .
(F)  Landscaping: Landscaping shall be
provided for uses listed in LCC 934.210 to
934.217 in accordance with the standards in LCC
934.210 to 934.217.
(G)  Signs: On-premise advertising signs and
directional signs shall only be developed as pro-
vided in LCC 934.210 to 934.217.
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 37
Distribution Run time: May 7, 2004 (10:48:56am)
(H)  Screening and materials storage: Site
screening and outdoor materials storage, when
required by LCC 934.210 to 934.217, shall be
provided in accordance with the requirements of
LCC 934.210 to 934.217.
(I)  Off-road parking: The minimum stan-
dards for off-road parking shall be provided as
specified in LCC 934.210 to 934.217.
(J)  Access shall be designed to cause a
minimum interference with traffic and shall be
subject to the review and approval of the County
Engineer. Upon recommendation of the County
Engineer or state highway department, the dedica-
tion of additional right-of-way and improvements
constructed by the applicant may be required in
order to facilitate adequate traffic circulation.
(K)  Artificial lighting, including illuminated
signs and parking area lights, shall be so arranged
as not to produce glare on adjacent properties.
(L)  Screening: Residential development on
properties adjoining an aggregate extraction site
shall incorporate a sight-obscuring, vegetative
screen or a sight-obscuring fence along each side
or rear property line adjoining the aggregate site.
Any vegetative screen shall consist of species
capable of growing to a height of at least 10 feet.
Any sight-obscuring fence shall be at least six feet
in height.
[Adopted 98-002 ?3 eff 3/4/98; 99-121 ?150 eff 6/30/99]
934.850 WRGO property development stan-
dards
The standards in this section shall regulate
changes of use, development or intensifications of
all properties.
(A)  Structures not water-related or water-
dependent shall be set back 100 feet from the
ordinary high water line of the Willamette River.
(B)  Private docks, wharves and covered
storage shall be limited to one per property owner-
ship and shall not extend more than 10 feet above
water level nor be more than 300 square feet in
area. Walkways to such docks, wharves or cov-
ered storage shall not exceed five feet in width.
(C)  Public access to and along the Willa-
mette River, when deemed appropriate, shall be
provided. It shall be designed and developed in a
manner that minimizes the opportunity for tres-
pass, vandalism and other adverse effects on
adjoining properties. The provision of public
access may be deemed appropriate and required as
part of the proposal, especially when commercial,
industrial, residential subdivision or privately or
publicly-developed recreational facilities are
proposed.
[Adopted 98-002 ?3 eff 3/4/98]
Statutory References and Other Authorities:
ORS 197; 203; 215; OAR 660, Div. 34
Legislative History of Chapter 934:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 98-432 eff 10/21/98
#2 99-121 ?15 eff 6/30/99
#3 99-156 ?10 eff 6/30/99
#4 02-313 ?6 eff 8/21/02
#5 04-051 ?1 eff 2/18/04
#6 04-043 ?3 eff 4/28/04
934 - 38 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
TABLE 1 ? PARKING SPACE REQUIRED BY USE
USE PARKING SPACE REQUIRED
(A) RESIDENTIAL TYPES (1) Dwelling, single-family Two for every dwelling unit on a single authorized unit of land
(2) Hotels, motels, motor hotels, etc One for every guest room
(3) Rooming or boarding houses One for every guest room
(4) Fraternities, sororities, cooperatives and dormitories One for every three occupants for which sleeping facilities are
provided
(B) INSTITUTIONAL TYPES (1) Hospitals 1? for every bed; where a fraction, next higher full unit
(2) Churches, clubs, lodges One for every four fixed seats or every eight feet of bench length
or every 28 square feet where no permanent seats or benches are
maintained in main auditorium, sanctuary or place of worship
(3) Libraries, museums, art galleries One for every 500 square feet of gross floor area
(4) Nursing homes, homes for aged, group care homes, asylums, etc. One for every three beds
(5) Welfare or correctional institution One for every five beds
(6) Schools Elementary or Junior High 1? for every teaching station plus one for every eight fixed seats
or where there are no fixed seats in an auditorium or assembly
area, 1? for every 100 square feet of seating area
High Schools 1 ? for every teaching station plus one for every four fixed seats
or for every 50 square feet of seating area, where there are no
fixed seats in an auditorium
Colleges ?Commuter? type One for every two full-time equivalent students
?Resident? type One for every four full-time equivalent students
Commercial or business One for every three classroom seats
(C) COMMERCIAL TYPES (1) Retail establishments, except as otherwise specified One for every 300 square feet of gross floor area
(Latest rev. April 28, 2004) LINN COUNTY ? DEVELOPMENT STANDARDS CODE 934 - 39
Distribution Run time: May 7, 2004 (10:48:56am)
(2) Barber and beauty shops One for every 75 square feet of gross floor area
(3) Bowling alleys Six for every bowling lane
(4) Pharmacies One for every 150 square feet of gross floor area
(5) Retail stores handling bulky merchandise, house-hold furniture or
appliance repair shops
One for every 600 square feet or gross floor area
(6) Office buildings, business or professional offices One for every 400 square feet of gross floor area
(7) Establishments or en-
terprises of a recreational
or an entertainment na-
ture:
(a) Spectator type, e.g., auditorium, as-
sembly hall, theater, stadium, place of
public assembly
One parking space for every four seats
(b) Participating type, e.g., skating rinks,
dance halls
One for every 75 square feet of gross floor area
(c) Establishments for the sale and con-
sumption on the premises of food and
beverages
One for every 60 square feet of gross floor area
(8) Other unspecified commercial uses One for every 300 square feet of gross floor area
(D) INDUSTRIAL TYPES (1) Except as specifically mentioned herein, industrial uses listed as
permitted in the LI or HI zoning districts
One for every 500 square feet of gross floor area
(2) Wholesale and storage operations One for every 700 square feet of gross floor area
(3) Laboratories and research facilities One for every 300 square feet of gross floor area
(4) Machinery or equipment sales One for every 400 square feet of gross floor area
(5) Other unspecified industrial uses One for every 400 square feet of gross floor area
[Adopted 98-002 ?3 eff 3/4/98]
934 - 40 LINN COUNTY ? DEVELOPMENT STANDARDS CODE (Latest rev. April 28, 2004)
Run time: May 7, 2004 (10:48:56am) Distribution
[This page is intentionally blank]
(Latest rev. June 30, 1999) LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE 935 - 1
Distribution Run time: April 4, 2003 (1:06:58pm)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 5 ? Conditions, Requirements, Development Standards & Criteria
CHAPTER 935
ACCESS IMPROVEMENT STANDARDS
CODE
TABLE OF CONTENTS
   Section Title
I. GENERAL ACCESS REQUIREMENTS
   935.005 Title; short title
   935.010 Statement of purpose
   935.015 General access requirements
   935.020 Access requirements; level of use
II. EASEMENTS
   935.100 Easements of road access; requirements
   935.110 Easement of road access; limitations
   935.120 Road-related easements; setbacks
   935.130 Easement of road access; application proce-
dure
   935.140 Easement of road access, notice
   935.150 Decision criteria; easement of road access
   935.160 Deed covenants
   935.170 Flag-lot requirements
III. CONSTRUCTION STANDARDS
   935.200 Minimum construction standards for access
   935.250 Local access road improvements
IV. SPECIAL ACCESS REQUIREMENTS
   935.300 Barrier strips
   935.310 Stubbed roads with a cul-de-sac; standards
   935.320 Grading permit; access
   935.330 Rural Resource Zone access improvement
standards
   935.340 County road creation, not through subdividing
   935.350 Agreement for improvements
   935.360 Performance security
Statutory References and Other Authorities
Legislative History of Chapter 935
APPENDIX A TO LCC CHAPTER 935
   935.900 General provisions
   935.910 Engineering
   935.920 Design standards
I. GENERAL ACCESS REQUIREMENTS
935.005 Title; short title
This Chapter, LCC 935.005 to 935.999, shall
be known and cited as the ?Linn County Access
Improvement Standards Code.? This Chapter may
also be referred to and cited as the ?Access Im-
provement Standards Code.?
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?16 eff 6/30/99]
935.010 Statement of purpose
(A)  The purpose of this Chapter shall be to
provide the specifications and standards which are
required when constructing or improving access
as part of developing a property.
(B)  All road improvements, including but
not limited to pavement, curbs, sidewalks and
surface drainage, shall also be governed by the
standards and specifications as set forth by the
Board and by the Roadmaster. (Appendix A at the
end of this Chapter contains a summary of infor-
mation regarding road improvements, the detailed
drawings of which are available from the Road
Department.)
(C)  This Chapter includes provisions on
county roads created outside of the subdivision
935 - 2 LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (1:06:58pm) Distribution
process, easements of road access, local access
roads, private driveways, and private roads.
[Adopted 98-002 ?3 eff 3/4/98]
935.015 General access requirements
(A) A use involving change to an existing use
shall be reviewed by the Roadmaster. When
reviewing a use and an existing access is subject
to change, the Roadmaster may approve or deny
the access change.
(B) The applicant for development on a
property that has been benefitted by an easement
recognized by the Department shall provide proof
satisfactory to the Department that the benefitting
easement has not been rescinded or otherwise
abandoned.
(C)  The applicant for development on a
property that has been benefitted by a temporary
easement granted pursuant to LCC 935.150 (E)
shall provide proof satisfactory to the Department
that the current access complies with LCC
935.150 (D) or subsection (G) of this section.
(D)  All authorized units of land shall have
functional road access to a public road by one of
the following means:
(1) Frontage abutting a public road, at
least 30 feet wide, or the minimum frontage
standard specified in the applicable zoning dis-
trict, whichever is greater; or
(2) An easement of record for road
access, or an easement of road access.
(E)  If the easement of road access required
by subsection (G) of this section cannot be re-
corded because contiguous units of land created
by the land division are under single ownership
and at least one unit is landlocked, then the appli-
cant may delay recording the easement. Prior to
the issuance of any development permits, the
applicant shall file with the Director a letter of
intent promising to record the easement simul-
taneously with the conveyance of ownership of
either unit.
(F) Unless otherwise provided in subsection
(G) of this section, no person shall construct or
install any principal use on any authorized unit of
land unless access is first provided in a manner
consistent with this Development Code.
(G)  A person may obtain development
permits to authorized unit of land for which road
access has not been provided in the manner de-
scribed in this Development Code if one of the
following conditions is found to exist:
(1) The proposal is only for repairs,
enlargements, remodeling, modifications or the
replacement of a lawfully existing residence (see
the variance, set-back and non-conforming use
provisions of this Development Code for related
topics); or
(2) The proposal is only for the con-
struction, placement or establishment of an acces-
sory building, structure or use. The existing
principal use shall have been lawfully located on
the authorized units of land on or before the
effective date of this Development Code.
(3) Among other uses which are in-
cluded as accessory building, structure or uses, are
medical hardship mobile homes, farm-relative
dwellings, or accessory farm dwellings. Accessory
building, structures, or uses are not principal
buildings, structures, or uses and shall not neces-
sarily require access improvements.
(H) Except as otherwise provided in this
section, no person may obtain an access permit
when the use for which the access is needed,
requires, but has not yet received, a separate land
use review or permit.
(I)  The creation of access to land solely for
those forestry, mining or agricultural uses allowed
outright shall be exempt from planning review.
However such access is governed by the Road
Department and an access permit must be first
obtained from the Road Department before access
development is initiated.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
935.020 Access requirements; level of use
(A)  The creation of private roads, local
access roads, easements of road access, flag-lots,
and private driveways are subject to the minimum
access requirements set forth in subsection (B).
(B)  Minimum access requirements.
(Latest rev. June 30, 1999) LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE 935 - 3
Distribution Run time: April 4, 2003 (1:06:58pm)
(1) One, two or three current or potential
homesites shall be served by at least a 30-foot
wide, recorded easement of road access, if re-
quired, with a minimum 12-foot wide travelway;
(2) Four or five current homesites shall
be served by at least a 50-foot to 60-foot wide,
reserved right-of-way with at least a 20-foot wide
travelway. The width shall be determined by the
County Engineer. Applicants having the potential
for more than five parcels will be advised of the
need for additional right-of-way and access im-
provements when that potential is exercised; and
(3) Six or more current homesites shall
be served by at least a 50-foot or 60-foot wide,
dedicated right-of-way with at least a 22-foot
paved roadway having four-foot shoulders. The
width shall be determined by the County Engi-
neer.
(4) Local access roads shall be con-
structed to the highest level of improvement as set
forth in subsection (B). 
(5) A reduction in right-of-way width
and roadway condition may be warranted when
new residences are proposed to be served by a pre-
existing access.
(6) If a reduction in right-of-way width
and roadway condition is warranted under para-
graph (5) of this subsection, the Director and the
Roadmaster shall retain the authority to establish
minimum access requirements according to the
following criteria:
(a)  The road or driveway was
established and provided access to more than one
residence prior to July 1, 1991.
(b)  The access improvements pro-
posed represent an incremental improvement over
the existing circumstances.
(c)  The proposed access is feasible
and equitable, given the circumstances involved.
(d)  The applicant shall provide the
County a written waiver of liability for an access
approved under the provisions of this section.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
II. EASEMENTS
935.100 Easements of road access; require-
ments
(A)  The applicant shall record an easement
of road access for an authorized unit of land if the
unit of land: 
(1) does not having frontage on a public
road; or
(2) has frontage on one of the above
roads but to which access is provided by means
other than road frontage.
(B)   The deeds of the authorized unit of land
encumbered by granting the easement and the
deed of the authorized unit to which the access
easement is granted shall reflect the existence of
the easement described in subsection (A).
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
935.110 Easement of road access; limitations
(A)  Not more than seven easements of road
access shall be allowed over the same easement
line by the procedure described in this section.
(B)  Easements of road access shall be a
minimum of 30 feet in width.
(C)  The easement alignment shall coincide
with the functional road access serving the devel-
opment site.
[Adopted 98-002 ?3 eff 3/4/98]
935.120 Road-related easements; setbacks
Minimum yard setbacks for development of
structures along a road-related easement shall be
a distance that is not less than 75% of the width of
the road-related easement, but not greater than 30
feet, and in no case less than 15 feet. For example:
Easement width Setback
10 ft. 15 ft.
20 ft. 15 ft.
30 ft. 22? ft.
40 ft. 30 ft.
50 ft. 30 ft.
[Adopted 98-002 ?3 eff 3/4/98]
935 - 4 LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (1:06:58pm) Distribution
935.130 Easement of road access; application
procedure
(A)  Applications for easements of road
access shall be filed with the Department on an
approved form and shall be complete and accurate
to the best of the applicant?s knowledge.
(B)  A site plan detailing the route of the
easement of road access and the property to be
served by the easement shall accompany the
application.
(C)  A copy of the proposed easement of road
access shall accompany the application along with
evidence from the Linn County Environmental
Health Program that a method of sewage disposal
has been approved for the property served by the
easement.
(D)  The applicant shall provide any supple-
mental information as required by the Director.
(E)  If the application is not complete, the
Director shall not accept the application until such
time as the required information is submitted by
the applicant. If the application is complete, the
Director shall accept the request for review pur-
poses. See LCC Chapter 921 (Administration of
the Land Development Code).
[Adopted 98-002 ?3 eff 3/4/98]
935.140 Easement of road access, notice
Notice of the application shall be mailed to
all agencies, special districts and property owners
as specified by LCC Chapter 921 (Administration
of the Land Development Code).
[Adopted 98-002 ?3 eff 3/4/98]
935.150 Decision criteria; easement of road
access
(A)  A request for easement of road access
recognition may be approved if, on the basis of the
application, investigation, testimony and evidence
submitted, findings and conclusions show that all
of the following decision criteria can be met:
(1) The proposed placement of the ease-
ment of road access shall not pose a traffic hazard,
taking into consideration the number of nearby
access points and geographic conditions of the
property; and
(2) The easement of road access is the
only reasonable method of providing access to the
parcel;
(B)  An exception to LCC 935.110 (B) may
be taken if, on the basis of the application, investi-
gation, testimony and evidence submitted, find-
ings and conclusions show that all of the follow-
ing exist:
(1) That exceptional and extraordinary
circumstances or conditions exist;
(2) That an unnecessary and severe
hardship would result from a strict interpretation
and enforcement of the specified regulations if the
easement of road access is not recognized and;
(3) That recognition of the easement of
road access, at the substandard width, would not
be detrimental to the public health, safety or
welfare nor materially injurious to properties or
improvements in the vicinity.
(C)  If findings can be made based upon all
of the criteria, recognition of the easement of road
access may be granted. If findings cannot be made
based upon all the criteria, recognition of the
easement of road access shall not be granted.
(D)  Except as provided in subsection (E) of
this section, easements granted pursuant to this
Chapter shall be perpetual and non-exclusive.
(E) An easement may be granted for tempo-
rary access.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
935.160 Deed covenants
Deed covenants and conditions shall be
incorporated into the chain of title for all proper-
ties created by a partition or served by an ease-
ment recognition that:
(A)  Identify the road as a private road that is
not part of the county-maintained road network;
and
(B)  Assign monetary responsibility for road
or bridge maintenance and dust control to land-
owners of property served by said access.
(C)  A copy of the deed or other document of
legal conveyance with the attached covenants and
conditions relating to access shall be provided to
the Department. The covenants and restrictions,
(Latest rev. June 30, 1999) LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE 935 - 5
Distribution Run time: April 4, 2003 (1:06:58pm)
written in a manner that runs with the title to the
land, shall be recorded with the County Clerk
before development permits for a primary use of
the land involved may be issued.
[Adopted 98-002 ?3 eff 3/4/98]
935.170 Flag-lot requirements
(A) In addition to other requirements, the
creation of flag-lots are subject to the following
requirements:
(B)  
(1) Only one flag strip is allowed for
each flag-lot;
(2) The flag stip must be not less than 30
feet in width and not more than 60 feet in width
(See LCC Chapter 920, Appendix 1, Figure 4);
(3) The flag-lot must be at least the
minimum acreage of the applicable zone, exclud-
ing the flag strip; and
(4) Not more than two flag strips serving
respective flag-lots may abut each other.
(5)  Not more than two flag strips may
abut each other at any point;
(6) The minimum distance between non-
abutting flag strips is 100 feet.
[Adopted 98-002 ?3 eff 3/4/98]
III. CONSTRUCTION STANDARDS
935.200 Minimum construction standards for
access
(A)  Construction of the access must comply
with the minimum improvement standards set
forth in subsection (B) before development per-
mits for a primary use of the land may be issued.
Additional improvements are required for an
access serving more than three development sites.
Any variance to these standards is subject to
review and written approval by the appropriate
Rural Fire District and the Roadmaster.
(B)  Minimum improvement standards.
(1) The all-weather access must be built
and maintained to the minimum access require-
ments of LCC 935.020 and shall be at least 12 feet
in width and consist of a minimum of six inches
of crushed rock or crushed gravel. An acceptable
alternative base for the roadbed is six inches of
quarry-run rock topped with minimum of four
inches of 1" minus crushed rock or 1" minus
crushed gravel. The access route, including any
culverts and bridges, must be capable of support-
ing gross vehicle weights (GVW) of 50,000
pounds. The County reserves the right to require
written verification of compliance with the GVW
standard from an Oregon registered professional
engineer.
(2) The access will be provided with an
unobstructed vertical clearance of at least 13 feet
six inches and an unobstructed horizontal clear-
ance of 20 feet and a minimum curve radius of 48
feet.
(3) At least one intervisible turnout
every 500 feet, or as otherwise determined by the
County Engineer, shall be provided in any access
way less than 20 feet wide. The turnout shall
provide passage space at least 20 feet wide and 40
feet long.
(4) Roadside ditches shall be provided if
deemed appropriate by the County Engineer.
(5) Dead-end access ways over 150 feet
in length shall provide and maintain a cleared
turnaround, with a turning radius of at least 40
feet. When a dead-end access serves four or more
dwellings, a turnaround with a turning radius of
48 feet shall be provided and maintained.
(6) Grades shall not exceed 12 percent.
(7) Driveways shall be marked with the
resident?s rural address unless the residence is
visible from the roadway and the address is clearly
visible on the residence. Letters or numbers shall
be a minimum of three inches in height and
constructed of reflective material.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
935.250 Local access road improvements
(A)  Applications for recognition of an
easement to connect to a local access road, or for
a partition in which a local access road is being
created, shall be subject to the minimum road
improvement standards in LCC 935.200.
(B)  The County Engineer will inspect the
local access road and determine what improve-
935 - 6 LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (1:06:58pm) Distribution
ments are needed to accommodate the proposed
development.
(C)  The County Engineer shall determine the
area (length and width) of the road right-of-way
which will be improved.
(D)  An easement to connect to and extend a
local access road shall be subject to the local
access road minimum improvement standards in
LCC 935.200 (B) or (C).
(E)  When a local access road is being pro-
posed, the applicant shall deed the road right-of-
way within the development to Linn County for
road purposes. The executed deed shall be submit-
ted to the county road department.
(F)  Upon receipt of the executed deed, the
Board, together with the Roadmaster, shall decide
whether or not to accept the road as a local access
road into the Linn County road records.
[Adopted 98-002 ?3 eff 3/4/98]
IV. SPECIAL ACCESS REQUIREMENTS
935.300 Barrier strips
(A) Public barrier strips.
(1) Access on or across a public barrier
strip is prohibited unless
(a) an easement is granted by the
Board,
(b)  a plan for development of
adjacent lands is approved by the county, or
(c)  adjacent right-of-way is ac-
cepted by the County for the continuation or
widening of the road.
(2) In processing an application depend-
ent upon crossing a barrier strip, the Director shall
first receive an indication from the Board that an
easement would be granted.
(B)  Private barrier strips. Barrier strips in
private ownership shall require similar treatment
except that the easement agreement shall be
secured from the private landowner.
[Adopted 98-002 ?3 eff 3/4/98]
935.310 Stubbed roads with a cul-de-sac;
standards
The creation of a stubbed road terminating in
a cul-de-sac must meet all the following stan-
dards.
(A) The stubbed road shall
(1) not be more than 1,320 feet in
length, and
(2) have only one outlet for vehicular
traffic.
(B)  The terminating cul-de-sac shall
(1) have an end radius of not less than
45 feet, and
(2) not be extended to access future sub-
divisions or development on adjacent lands with-
out first being reviewed and approved by the
County.
[Adopted 98-002 ?3 eff 3/4/98]
935.320 Grading permit; access
A grading permit granted pursuant to LCC
921.530 may be required for actions under this
Chapter.
[Adopted 98-002 ?3 eff 3/4/98]
935.330 Rural Resource Zone access improve-
ment standards
(A)  Except as provided in LCC 935.015 (I),
the access improvement standards in LCC
935.020 are applicable to all principal uses per-
mitted in the RRZ.
[Adopted ?3 eff 6/30/97; amd 98-432 ?2 eff 10/21/98]
935.340 County road creation, not through
subdividing
(A)  The creation of a county road shall
conform to the requirements set forth in LCC
Chapter 926 (Subdividing Code).
(B) Notwithstanding subsection (A), the
Department may approve the creation of a road to
be established by deed without full compliance
with the applicable regulations, provided that the
establishment of the road is initiated by the Board
and that one of the following conditions exists:
(1) The Board finds the creation of the
road is essential for the purpose of general traffic
circulation; or
(Latest rev. June 30, 1999) LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE 935 - 7
Distribution Run time: April 4, 2003 (1:06:58pm)
(2) The Board finds the creation of the
road is necessary for access to existing authorized
units of land created prior to March 4, 1998.
(3) Roads, not in a subdivision, but
established by dedication, shall be improved to the
standards in LCC 935.200 as a condition of being
accepted for public use.
(C)  Exceptions for road improvements may
be made in situations where roadways have ex-
isted by usage or by easement (whether conform-
ing or not) which served properties that have been
created and recorded with Linn County prior to
March 22, 1972.
[Adopted 98-002 ?3 eff 3/4/98]
935.350 Agreement for improvements
(A)  The developer shall improve or agree to
improve lands dedicated for roads, alleys, pedes-
trian ways, drainage channels, easements of road
access and other rights-of-way as a condition
preceding the acceptance and approval of a parti-
tion plat involving the creation of access.
(B)  Prior to approval of the partition plat, the
developer shall
(1) install all required improvements and
repair existing roads and other public facilities
damaged in the development of the partition, or
(2) execute and file with the Board an
agreement between the developer and the county
specifying the period within which all the required
improvements and repairs shall be completed.
(a)  The agreement shall require a
performance security for the improvements and
repairs meeting the requirements of LCC 933.110.
(b)  The agreement shall provide
that if all of the required work is not completed
within the time frame specified, or within any
mutually approved extensions, the county may
complete the work and recover the full cost and
expense thereof from the developer pursuant to
LCC 921.920. If a written request for a reasonable
time extension is requested by the developer and
is received by the Board 30 calendar days prior to
the expiration of the agreement, the Board may
approve the request. Absent an approved exten-
sion, the Board may collect costs as provided in
LCC 933.110.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
935.360 Performance security
To assure full and faithful performance of the
agreement required by LCC 935.350 (B) (2), the
developer shall comply with LCC 933.110.
[Adopted 98-002 ?3 eff 3/4/98; amd 98-432 ?2 eff 10/21/98]
Statutory References and Other Authorities:
ORS 197; 203; 215
Legislative History of Chapter 935:
Adopted 98-002 ?3 eff 3/4/98
Amendments to 98-002
#1 98-432 eff 10/21/98
#2 99-121 ?16 eff 6/30/99
935 - 8 LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE (Latest rev. June 30, 1999)
APPENDIX A TO LCC CHAPTER 935
REQUIREMENTS FOR ROAD IMPROVEMENTS WITHIN SUBDIVISIONS
AND OTHER ROADS PROPOSED AS PART OF PARTITIONING TO BECOME PART OF THE COUNTY-
MAINTAINED ROAD SYSTEM
Summary of Primary Points
935.900 GENERAL PROVISIONS
(A)  Plats, plans and specifications to be reviewed and
approved by the road department.
(B)  Advising road department prior to start of actual
construction and road department option to call a pre-construc-
tion conference.
(C)  Technical specifications.
(D)  Liability.
(E)  Acceptance of the project by the road department
and acceptance as a county road by the Board of Commission-
ers.
(F)  Road department?s inspection.
(G)  Changes approved by the road department.
(H)  Responsibilities of applicant.
935.910 ENGINEERING
(A)  Plans and specifications.
(B)  Right-of-way monumentation.
(C)  Construction control staking.
935.920 DESIGN STANDARDS
(A)  Traffic Projections.
(B)  Roadway Design Features.
(C)  Drainage Structures.
(1) Roadway culverts.
(2) Driveway culverts.
(3) Bridges.
(D)  Intersection Design.
(E)  Roadway Cross Section.
(1) Grading.
(a)  Slopes.
(b)  Surface tolerance.
(c)  Fills.
(d)  Clearing and grubbing.
(2) Gravel base and finish course.
(a)  Compaction.
(b)  Placement.
(3) Pavement.
(a)  Asphaltic concrete placement.
(b)  Shoulders.
(4) Materials and workmanship.
(F)  Signing and Striping Design.
935.900 General provisions
(A)  Approval of Partition Plats, Subdivision
Plats and Road Improvement Plans:
(1) Partition plats requiring access review
and preliminary subdivision plats shall have road
department approval for road and drainage fea-
tures prior to consideration by the Department.
(2) Final subdivision plats shall be signed
by the road department prior to approval by the
Department.
(3) Plans and specifications for partition
and subdivision roads and road improvement
projects shall be approved by the road department
under the provisions of these requirements and the
road standards and related drawings which are
available at the Linn County Road Department.
(B)  Construction:
(1) The road department shall be advised
by the developer or the developer?s agent a mini-
mum of five days prior to start of actual construc-
tion work.
(2) The road department may call a
pre-construction conference, if in their opinion, it
is in the public interest to do so. This meeting
shall be attended by the developer or the devel-
oper?s agent, the contractor, and the contractor?s
superintendent.
(C)  Technical Specifications:
(1) The technical specifications which
are applicable are:
(a)  Oregon State Highway Division
Standard Specifications for Highway Construc-
tion (current edition).
(b)  Manual on Uniform Traffic
Control Devices for Streets and Highways (cur-
rent edition).
(Latest rev. June 30, 1999) LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE 935 - 9
(2) It is understood that when the terms
?State of Oregon,? ?State Transportation Commis-
sion,? ?Division,? and ?Engineer? are used in such
specifications they shall refer to the County of
Linn, the Linn County Road Department and the
Linn County Engineer, respectively.
(D)  Laws to be Observed:
(1) The developer and the contractor, or
contractors, shall at all times observe and comply
with all federal, state and local laws, ordinance
and regulations.
(2) The developer shall be responsible
for the acts of his employees and contractors.
(3) The developer and/or owner or
owners shall indemnify and save harmless Linn
County, its officers, employees and agents against
any claims or liability arising from any and all
construction activities.
(E)  Acceptance of Projects:
(1) Acceptance of the construction shall
be by the road department after completion of all
phases of the work, in substantial conformity to
governing plans and specifications.
(2) Acceptance of the completed work as
part of the county road system may be by the
Board of Commissioners upon recommendation
of the road department.
(F)  Inspection of Work:
(1) Requests to the road department for
inspection of individual phases or final acceptance
of the work shall be given a minimum of 24 hours
in advance of the scheduled inspection.
(2) The road department may, at any
time, inspect phases of the work to verify compli-
ance with plans and specifications.
(G)  Changes:
(1) Changes in plans shall be submitted
to the road department for approval prior to
proceeding with work under the change.
(2) Verbal requests for approval by the
developer or the developer?s agent and/or approv-
als by the road department shall be confirmed in
writing within three working days.
(H)  Any supervision or control exercised by
Linn County, the Linn County Board of Com-
missioners, the Linn County Road Department or
other county officers, agents, contractors or em-
ployees shall in no way relieve the developer of
any duty or responsibility to the general public nor
shall such supervision or control relieve the
developer of any liability for any loss, damage or
injury to persons or property sustained by reason
of construction, maintenance repair, operation or
use of the facility or in the reconstruction, reloca-
tion or removal of same.
[Adopted 98-002 ?3 eff 3/4/98]
935.910 Engineering
(A)  Plans and Specifications:
(1) After partition or preliminary subdivi-
sion plat approval by the Department and a mini-
mum of 14 days prior to advertising for bids,
detailed construction plans and specifications
shall be submitted for approval to the road depart-
ment.
(2) Before final approval and acceptance
of the project is granted, a set of as-built plans
shall be submitted signed by an engineer regis-
tered in the State of Oregon.
(3) All plans shall be on plan-profile
transparency paper, sheet size 24" x 36.?
(4) The scale shall be 1" = 50' or 1" =
100'.
(5) All plans shall show details of con-
struction, including but not necessarily limited to:
(a)  Culvert size and location.
(b)  Width of right-of-way.
(c)  Width of roadway.
(d)  Location of underground utili-
ties.
(e)  Right-of-way monuments.
(f)  Bearing of tangents.
(g)  Profile of finish grade with
grades and points of vertical curvature.
(h)  Horizontal curve data.
(i)  Centerline stationing.
(j)  Initial and terminal points of
road.
(k)  Ties to Donation Land Claim
(DLC) or section corners. Location and dimension
of all structures within the right-of-way.
(B)  Right-Of-Way Monumentation:
935 - 10 LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE (Latest rev. June 30, 1999)
(1) Monuments shall be placed on the
right-of-way lines on both sides of the road.
(2) Monuments shall be iron rods, ??
minimum diameter and 30" long.
(3) Monuments shall be placed at the
following places:
(a)  Initial and terminal points of the
road.
(b)  Points of horizontal curvature,
tangency and angle points.
(c)  On tangents at a maximum
distance of 1,320 feet.
(d)  At the intersection of the rights-
of-way of public roads, state highways, railroads
and private roads.
(C)  Construction Control Staking:
(1) Construction control stakes shall be
placed to control the following phases of work:
(2) Subgrade and ditch line.
(3) Base course, if required.
(4) Leveling course.
(D)  Staking shall be performed in such a
manner that the stakes will be easily understood
by construction personnel and stakes shall be
preserved until completion of that stage of the
work which they control.
[Adopted 98-002 ?3 eff 3/4/98]
935.920 Design standards
(A)  Design year ? traffic design year shall
be 10 years in the future.
(B)  Design features for roadways shall be in
accordance with standards developed and main-
tained by the County Road Department and avail-
able through that office.
(C)  Drainage Structures:
(1) Roadway culverts.
(a)  Design size shall be based on a
ten-year flood frequency for minor structures of
less than 48" or equivalent. Design size for major
structures (48" diameter or larger) shall be based
on a 25-year flood frequency.
(b)  Design and specifications shall
assure the following practices:
(i)  Pipe shall be fully and
uniformly supported.
(ii)  All pipe sections shall be
firmly jointed together.
(iii)  Pipe shall be laid true to
line and grade with the bell, groove and socket
ends upstream.
(iv)  Culvert shall extend a
minimum of one foot past the toe of the embank-
ment slope on each side.
(v)  Where necessary, slope
protection shall be provided to prevent scour and
erosion of the embankment.
(c)  A permanent easement onto
private property shall be provided where neces-
sary to provide for drainage and prevent damage.
(d)  Where a culvert is high in a
large fill, a down drain installation shall be used to
conduct the water down the face of the fill and
eliminate erosion.
(e)  Cross-culvert shall have a 18-
inch minimum inside diameter and support H20
S16 loading.
(i)  Driveway culverts.
Design features:
(I)  12-inch minimum dia-
meter.
(II)  Lengths:
1)  Minimum 21 feet.
2)  Greater than 30 feet
in length shall require adequate provisions for
cleaning.
(III)  Flow line of culvert
shall be at the elevation of the ditch bottom.
(IV)  Driveway elevation at
road ditch line shall be 0.2 feet below the eleva-
tion of the edge of the pavement.
(ii)  Bridges.
(I)  Hydraulic design based
on a 25-year flood frequency.
(II)  Structure design crite-
ria:
1)  Dead load: 4"
thickness of asphaltic concrete (100 p.s.f. min.).
2)  Live load ? H20
S16 loading.
3)  The stream channel
shall be cleaned of all debris and obstructions
within the limits of the right-of-way.
(Latest rev. June 30, 1999) LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE 935 - 11
4)  Channel changes
when made shall be done in such a manner that
scour and erosion shall not occur.
5)  Slope protection to
be provided as required under ?culverts? above.
6)  Provisions shall be
made to conduct deck surface drainage away from
the structure. Deck drains discharging directly into
a stream are not allowed.
7)  Guardrails, signs
and markings shall be provided in conformity with
standard practices.
8)  Each individual
bridge design shall be subject to the approval of
the road department.
(D)  Intersection Design:
(1) There shall be not less than 200 feet
between centerlines on staggered ?T? intersections
where centerlines have an angle at intersections of
less than 45 degrees.
(2) Not less than 125 feet between
centerlines on intersections of larger angles.
(3) Access points shall not be closer than
150' from a road intersection unless otherwise
approved by the Linn County Road Department.
(E)  Roadway Cross Section:
(1) Grading.
(a)  Steepness of slopes:
(i)  Fill 1? : 1 maximum.
(ii)  Cut 1 to 1 maximum.
(b)  Subgrade to be graded to within
0.2 foot of design grade.
(c)  Fills:
(i)  Compaction. Top three feet,
95 percent of relative maximum density; remain-
der 90 percent of relative maximum density as set
forth in the standard specifications.
(ii)  Material containing exces-
sive moisture will be dried to suitable moisture
content before placement.
(iii)  Rocks in the top two feet
of fill are limited to a maximum of eight inches.
(iv)  Fills are to be placed in
approximately horizontal layers not to exceed
eight inches in compacted thickness. Each layer to
be compacted to specified density as in (1) above.
(v)  Excess or unsuitable mate-
rial from cuts may be wasted along fills and in
low spots along the right-of-way as follows:
(I)  Drainage ditches shall
not be plugged.
(II)  Culverts shall be
extended as required to accommodate the enlarged
fill.
(III)  Waste areas shall be
smoothed to provide a neat finished appearance,
compacted to a stable condition and shall be
designed so as not to collect surface water.
(IV)  Clearing and Grub-
bing:
1)  All trees, stumps,
brush and other vegetation within the limits of the
subgrade and drainage ditches shall be removed.
2)  All clearing debris
shall be disposed of as follows:
C No stumps, logs or other debris shall be left
within the right-of-way.
C Large rocks and stones shall be disposed of
outside the roadbed to the satisfaction of the
road department.
(2) Gravel Base and Finish Course.
(a)  Compaction: 95 percent maxi-
mum density as called for in the standard specifi-
cations.
(b)  Placement:
(i)  Placement shall be done in
such a manner to avoid segregation.
(ii)  Placement shall be done so
as to avoid mixing subgrade material with base.
(iii)  Base to be placed in layers
not to exceed a compacted thickness of six inch
maximum.
(iv)  Base shall be placed to
within 0.04 foot, plus or minus of design grade.
(3) Pavement.
(a)  Asphaltic Concrete Placement:
(i)  To be placed within 0.04
foot of design grade.
(ii)  Variation of surface not to
exceed ? inch in 10 feet each way.
(iii)  Lifts to be controlled per
county standard drawing.
(b)  Shoulders:
935 - 12 LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE (Latest rev. June 30, 1999)
(i)  Major arterials and second-
ary arterials shall have paved shoulders.
(ii)  The shoulders on desig-
nated bicycle routes or pedestrian walkways shall
be paved.
(iii)  Paving of shoulders, when
required, shall be paved with asphaltic concrete to
a minimum depth of two inches.
(4) Materials and workmanship shall
conform to requirements of the standard specifica-
tions.
(F)  Signing and Striping Design:
(1) All signs and striping shall conform
to the manual on Uniform Traffic Control Devices
(current edition), and shall be a complete installa-
tion, including naming on all roads.
(2) The road shall have the necessary
signs as required for traffic safety.
(3) The road surface shall be striped as
follows:
(a)  Centerline.
(b)  No passing strips.
(c)  Stop bars.
(d)  Crosswalks where the volume of
pedestrian traffic warrants.
(e)  Turning lane markings.
(f)  Such other markings as may be
deemed necessary by the road department.
(4) A complete plan shall be submitted
for approval by the road department.
(5) The requirements of this section may
be waived for the developer at the option of the
road department.
[Adopted 98-002 ?3 eff 3/4/98]
(Latest rev. June 30, 1999) LINN COUNTY ? ACCESS IMPROVEMENT STANDARDS CODE 935 - 13
[This page is intentionally blank]
(Latest rev. August 21, 2002)       LINN COUNTY ? NON-CONFORMING AND PRE-EXISTING USES CODE 936 - 1
Distribution Run time: April 4, 2003 (1:45:35pm)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 6 ? Miscellaneous Development Code Provisions
CHAPTER 936
NON-CONFORMING USES AND PRE-EX-
ISTING USES CODE
TABLE OF CONTENTS
   Section Title
I. GENERAL PROVISIONS
   936.005 Title; short title
   936.010 Statement of purpose
   936.070 Definitions
   936.090 Level of review
II. NON-CONFORMING USES
   936.100 Non-conforming uses; defined
   936.110 Review of non-conforming uses
   936.120 Non-conforming uses; regulations
   936.130 Discontinued non-conforming uses
   936.140 Decision criteria for the restoration or replace-
ment of non-conforming uses, involuntarily
damaged or destroyed
   936.150 Decision criteria for voluntary alteration or
restoration of a non-conforming use, not re-
quired by law
   936.155 Decision criteria for voluntary replacement of
a non-conforming use, not required by law
   936.160 Decision criteria, change from one non-con-
forming use to another
   936.170 Decision criteria, alterations required by law
   936.180 Non-conforming aggregate sites
   936.190 Non-conforming use status of firearm training
facilities and personal-use airports
III. PRE-EXISTING USES
   936.500 Pre-existing use; defined
   936.510 Review of pre-existing uses
   936.520 Pre-existing use, regulations
   936.530 Discontinued pre-existing uses
   936.540 Decision criteria for the restoration or replace-
ment of pre-existing uses, involuntarily dam-
aged or destroyed
   936.550 Pre-existing aggregate sites
   936.560 Pre-existing use status of firearm training
facilities and personal-use airports
Statutory References and Other Authorities
Legislative History of Chapter 936
I. GENERAL PROVISIONS
936.005 Title; short title
This Chapter, LCC 936.005 to 936.999, shall
be known and cited as the ?Linn County Non-
conforming Uses and Pre-existing Uses Code.?
This Chapter may also be referred to and cited as
the ?Non-conforming Uses and Pre-existing Uses
Code.?
[Adopted 98-002 ?3 eff 11/__/97; amd 99-121 ?17 eff 6/30/99]
936.010 Statement of purpose
The purpose of this Chapter is to prescribe:
(A)  the circumstances under which a legal
use of land that has become non-conforming as a
result of amendments to the Zoning Map or
Development Code may continue;
(B)  the distinction between a non-conform-
ing use and a pre-existing use;
(C)  the circumstances under which a non-
conforming use may be altered, restored or re-
placed; and
(D)  the circumstances under which a pre-
existing use may be altered, restored or replaced.
(E)  Nothing in this Chapter shall be deemed
to require any change in the construction or use of
any structure for which a legally-issued building
936 - 2 LINN COUNTY ? NON-CONFORMING AND PRE-EXISTING USES CODE       (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:45:35pm) Distribution
permit was obtained and the authorized construc-
tion was initiated before these Development Code
provisions become effective.
[Adopted 98-002 ?3 eff 3/4/98]
936.070 Definitions
As used in this Chapter, ?alter? means to
make any change, addition or modification that
increases the intensity or capacity or changes use
and ?alteration? means any such change, addi-
tion, or modification.
[Adopted 98-002 ?3 eff 3/4/98]
936.090 Level of review
An application made under this Chapter is a
Type IIA action.
[Adopted 98-002 ?3 eff 3/4/98]
II. NON-CONFORMING USES
936.100 Non-conforming uses; defined
(A)  A non-conforming use is a lawful use
which existed, and continues to exist, on the date
that the zoning district in which the use is located
was established, but which does not conform with
the regulations of that district.
(B)  A non-conforming use is any use or
activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but
which because of that adoption, revision or
amendment, now fails to conform to the present
requirements of the applicable zoning district.
(C)  A non-conforming use is a use that has
continuously existed for a period of 20 years
immediately preceding the date of an application
for a non-conforming use review.
[Adopted 98-002 ?3 eff 3/4/98; amd 02-313 ?7eff 8/21/02]
936.110 Review of non-conforming uses
(A)  The non-conforming use itself is not
subject to review.
(B)  Alterations of a non-conforming use may
be subject to review and approval under the
decision criteria governing non-conforming uses.
[Adopted 98-002 ?3 eff 3/4/98]
936.120 Non-conforming uses; regulations
(A)  Alterations of a non-conforming use
shall be subject to review and approval under the
decision criteria governing non-conforming uses.
(B)  The lawful use of any building, structure
or land at the time of the enactment or amendment
of any zoning ordinance or regulation may be
continued as a non-conforming use.
(C)  A change of ownership or occupancy
shall be permitted.
(D)  Alteration of any such use may be per-
mitted in order to reasonably continue the use.
Alteration of any non-conforming use shall be
permitted when necessary to comply with any
lawful requirement for alteration in the use. Other
alterations, restoration or replacements of a non-
conforming use are regulated by this Chapter.
[Adopted 98-002 ?3 eff 3/4/98]
936.130 Discontinued non-conforming uses
Any non-conforming use of land that is
discontinued for a period exceeding 12 months
shall thereafter only be used in ways that conform
to the regulations of the applicable zoning district
and other applicable Development Code provi-
sions.
[Adopted 98-002 ?3 eff 3/4/98]
936.140 Decision criteria for the restoration or
replacement of non-conforming uses,
involuntarily damaged or destroyed
(A)  Any non-conforming use involuntarily
damaged or destroyed by fire, casualty or other
natural disaster may be restored or replaced if all
of the criteria set forth in subsection (B) are met.
(B)  Decision criteria.
(1) The use had not been discontinued or
abandoned for a period exceeding 12 months prior
to the loss;
(2) Restoration or replacement is pro-
posed and shall commence within 12 months from
the occurrence of the fire, casualty or natural
disaster; and
(3) The proposed use will not result in an
alteration of the non-conforming use.
[Adopted 98-002 ?3 eff 3/4/98]
(Latest rev. August 21, 2002)       LINN COUNTY ? NON-CONFORMING AND PRE-EXISTING USES CODE 936 - 3
Distribution Run time: April 4, 2003 (1:45:35pm)
936.150 Decision criteria for voluntary alter-
ation or restoration of a non-conform-
ing use, not required by law
(A)  An application made under this section
is for a voluntary alteration or restoration of non-
conforming use not required by law and not
governed by LCC 936.140, 936.160, or 936.170.
(B) A voluntary alteration of a non-conform-
ing use, not necessary to comply with a require-
ment of law, may be permitted if on the basis of
the application, investigation, testimony and
evidence submitted, findings and conclusions
show that the decision criteria set forth in subsec-
tion (C) are met.
(C)  Decision criteria.
(1) The alteration does not change the
basic use even though the operational characteris-
tics may change. For example, one type of repair
shop may be replaced with a different type of
repair shop;
(2) The proposed alteration does not
result in any greater adverse impact to the neigh-
borhood; and
(3) The property development standards
of the applicable zoning district are met or a
variance consistent with LCC Chapter 938 (Vari-
ance Procedure Code) is granted.
[Adopted 98-002 ?3 eff 3/4/98]
936.155 Decision criteria for voluntary
replacement of a non-conforming use,
not required by law
(A)  An application made under this section
is for a voluntary replacement of non-conforming
use not required by law and not governed by LCC
936.140, 936.160, or 936.170.
(B)  The voluntary restoration or replacement
of a non-conforming use, not necessary to comply
with a requirement of law, may be permitted if all
of the criteria set forth in subsection (C) are met.
(1) Decision criteria.
(a)  The use has not been discontin-
ued for a period exceeding 12 months prior to the
date of application;
(b)  Restoration or replacement is
proposed and shall commence within 12 months
of approval;
(c)  The proposed restoration or
replacement will have no greater adverse impact
to the neighborhood; and
(d)  The property development
standards of the applicable zoning district are met
or a variance consistent with LCC Chapter 938
(Variance Procedure Code) is granted.
[Adopted 98-002 ?3 eff 3/4/98]
936.160 Decision criteria, change from one
non-conforming use to another
(A)  An application made under this section
is for a change from one non-conforming use to
another not required by law and not governed by
LCC 936.140 or 936.150.
(B)  A change from one non-conforming use
to another may be granted if, on the basis of the
application and investigation, findings and conclu-
sions show that all of the criteria set forth in
subsection (C) are met.
(C) Decision criteria.
(1) The proposed non-conforming use
will have no greater adverse impact to the neigh-
borhood especially regarding noise, air or water
pollution, dust, odors, vibrations or vehicular
traffic; and
(2) The change of use will result in a use
more closely conforming to the statement of
purpose and the allowed uses within the applica-
ble zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
936.170 Decision criteria, alterations required
by law
(A)  An application made under this section
is for an alteration, restoration, or replacement of
non-conforming use required by law.
(B)  An alteration of a non-conforming use,
required by law may be permitted if, on the basis
of the application and investigation, findings and
conclusions show that the requested alteration is
the minimum necessary to comply with legal
requirements as verified by the agency requiring
the alteration.
936 - 4 LINN COUNTY ? NON-CONFORMING AND PRE-EXISTING USES CODE       (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:45:35pm) Distribution
[Adopted 98-002 ?3 eff 3/4/98]
936.180 Non-conforming aggregate sites
(A)  Any non-conforming aggregate extrac-
tion and processing site in continual operation
since July 1972 may continue to operate without
obtaining a conditional use permit, or zoning
district amendment, or Plan amendment, except in
the following instances:
(1) When the Oregon Department of
Geology and Mineral Industries (DOGAMI)
determines that a permit is needed;
(2) A new removal permit for aggregate
extraction is required by the Oregon Division of
State Lands (DSL); or
(3) The expansion of the site. 
(B)  A non-conforming  aggregate site that
fails to meet the requirements of this section is
voluntarily discontinued.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-156 ?11 eff 6/30/99]
936.190 Non-conforming use status of firearm
training facilities and personal-use
airports
(A)  A firearms training facility, lawfully
existing on September 9, 1995 shall be allowed to
continue operating without a conditional use
permit until the facility is no longer used as a
firearms training facility. (ORS 197.770)
(B)  A personal-use airport lawfully existing
as of September 13, 1975, shall continue to be
permitted subject to any applicable rules of the
Department of Transportation.
[Adopted 98-002 ?3 eff 3/4/98]
III. PRE-EXISTING USES
936.500 Pre-existing use; defined
Any lawful use of land which existed on the
effective date of this Development Code which is
a conditional use under the current zoning district
but which has not been reviewed and approved
shall be deemed a preexisting use.
[Adopted 98-002 ?3 eff 3/4/98]
936.510 Review of pre-existing uses
(A)  The preexisting use itself is not subject
to review.
(B)  Alterations of a pre-existing use shall be
subject to review pursuant to the applicable
procedure in LCC Chapter 921 (Administration of
the Development Code) and approval under the
applicable decision criteria in the district within
which the pre-existing use is located
[Adopted 98-002 ?3 eff 3/4/98]
936.520 Pre-existing use, regulations
A change of use shall conform to the uses
allowed within the applicable zoning district.
[Adopted 98-002 ?3 eff 3/4/98]
936.530 Discontinued pre-existing uses
(A)  Any pre-existing use that is discontinued
for a period exceeding 12 months shall thereafter
only be used in ways that conform to the regula-
tions of the applicable zoning district and other
applicable Development Code provisions.
(B)  An aggregate extraction and processing
site shall be defined as voluntarily discontinued
when the permit issued either by DOGAMI or
DSL has lapsed for a period of 12 months or
more.
[Adopted 98-002 ?3 eff 3/4/98]
936.540 Decision criteria for the restoration or
replacement of pre-existing uses, in-
voluntarily damaged or destroyed
(A)  Any pre-existing use involuntarily
damaged or destroyed by fire, casualty or other
natural disaster may be restored or replaced if all
of the criteria set forth in subsection (B) exist.
(B) Decision criteria.
(1) The use had not been discontinued or
abandoned for a period exceeding 12 months prior
to the loss;
(2) Restoration or replacement is pro-
posed and shall commence within 12 months from
the occurrence of the fire, casualty or natural
disaster; and
(3) The proposed use will not result in an
alteration of the pre-existing use.
[Adopted 98-002 ?3 eff 3/4/98
(Latest rev. August 21, 2002)       LINN COUNTY ? NON-CONFORMING AND PRE-EXISTING USES CODE 936 - 5
Distribution Run time: April 4, 2003 (1:45:35pm)
936.550 Pre-existing aggregate sites
(A)  Any pre-existing aggregate extraction
and processing site in continual operation since
July 1972 may continue to operate without obtain-
ing a conditional use permit, or zoning district
amendment, or Plan amendment, except in the
following instances:
(1) When the Oregon Department of
Geology and Mineral Industries (DOGAMI)
determines that a permit is needed;
(2) A new removal permit for aggregate
extraction is required by the Oregon Division of
State Lands (DSL); or
(3) The expansion of the site.
(B)  A pre-existing aggregate site that fails to
meet the requirements of this section is voluntarily
discontinued.
[Adopted 98-002 ?3 eff 3/4/98; amd 99-156 ?11 eff 6/30/99]
936.560 Pre-existing use status of firearm
training facilities and personal-use
airports
(A)  A firearms training facility, lawfully
existing on September 9, 1995 shall be allowed to
continue operating without a conditional use
permit until the facility is no longer used as a
firearms training facility. (ORS 197.770)
(B)  A personal-use airport lawfully existing
as of September 13, 1975, shall continue to be
permitted subject to any applicable rules of the
Department of Transportation.
[Adopted 98-002 ?3 eff 3/4/98]
Statutory References and Other Authorities:
ORS 197; 203; 215
Legislative History of Chapter 936:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 99-121 ?17 eff 6/30/99
#2 99-156 ?11 eff 6/30/99
#7 02-313 ?7 eff 8/21/02
936 - 6 LINN COUNTY ? NON-CONFORMING AND PRE-EXISTING USES CODE       (Latest rev. August 21, 2002)
Run time: April 4, 2003 (1:45:35pm) Distribution
[This page is intentionally blank]
(Latest rev. June 30, 1999) LINN COUNTY ? TEMPORARY PERMITS AND USES CODE 937 - 1
Distribution Run time: April 4, 2003 (1:41:42pm)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 6 ? Miscellaneous Development Code Provisions
CHAPTER 937
TEMPORARY PERMITS AND USES
CODE
TABLE OF CONTENTS
   Section Title
   937.005 Title; short title
I. TEMPORARY MOBILE HOME STORAGE PERMIT
   937.010 Temporary storage permits for a mobile home
II. TEMPORARY USE OF RECREATIONAL VEHI-
CLES
   937.110 Temporary use of recreational vehicles
Statutory References and Other Authorities
Legislative History of Chapter 937
937.005 Title; short title
This Chapter, LCC 937.005 to 937.999, shall
be known and cited as the ?Linn County Tempo-
rary Permits and Uses Code.? This Chapter may
also be referred to and cited as the ?Temporary
Permits and Uses Code.?
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?18 eff 6/30/99]
I. TEMPORARY MOBILE HOME STOR-
AGE PERMIT
937.010 Temporary storage permits for a mo-
bile home
(A)  A temporary storage permit may be
issued for a mobile home on an authorized unit of
land for which a single-family residence is autho-
rized, all discretionary land use decisions have
been made and for which no appeal is possible.
(B)  The cost of the temporary storage permit
for a mobile home shall be established by Fee
Order of the Board.
(C)  The temporary storage permit for the
mobile home is valid for a period not to exceed 90
days during which time other development per-
mits shall be obtained.
(D)  Until the permanent placement permit
for the mobile home has been issued, the stored
mobile home shall not be connected to an ap-
proved septic system, power or water and shall not
be utilized as a residence. The unit may be leveled
and blocked on the authorized unit of land at the
location identified on the site map.
(E)  Upon conclusion of the 90-day period,
the mobile home shall be removed from the
property or unless a permanent placement permit
has been issued which supersedes and replaces the
storage permit.
(F)  Failure to perform one of these two
options shall constitute a violation of this Chapter
and will be subject to enforcement under the
provisions of LCC Chapter 921 (Administration
of the Development Code and LCC Chapter 240
(Code Enforcement Code).
[Adopted 98-002 ?3 eff 3/4/98]
937 - 2 LINN COUNTY ? TEMPORARY PERMITS AND USES CODE (Latest rev. June 30, 1999)
Run time: April 4, 2003 (1:41pm) Distribution
II. TEMPORARY USE OF RECRE-
ATIONAL VEHICLES
937.110 Temporary use of recreational vehi-
cles
(A)  Recreational vehicle shall include any
location of a recreational vehicle, motor home,
travel trailer, camper, yurt, teepee, tent, lean-to or
other such unit which is designed to provide
temporary accommodations for recreational,
camping or travel use.
(B)  A recreational vehicle shall not be occu-
pied in any zoning district for a period exceeding
120 days per calendar year. A recreational vehicle
shall not be allowed to be used for a residence
except as allowed by LCC 932.887.
(C)  No placement permit is required for and
will not be issued for the on-site use of recre-
ational vehicles except as allowed by LCC
932.887. No connection to septic, power or water
shall be permitted unless the recreational vehicle
is serving as shelter to an applicant who has
obtained a building permit for an authorized
dwelling and is in the process of constructing or
making major repairs to that dwelling. The 120-
day limit shall, nonetheless, remain in effect.
[Adopted 98-002 ?3 eff 3/4/98]
Statutory References and Other Authorities:
ORS 197; 203; 215
Legislative History of Chapter 937:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 99-121 ?18 eff 6/30/99
(Latest rev. October 30, 2002) LINN COUNTY ? VARIANCE PROCEDURE CODE 938 - 1
Distribution Run time: April 4, 2003 (1:40pm)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 6 ? Miscellaneous Development Code Provisions
CHAPTER 938
VARIANCE PROCEDURE CODE
TABLE OF CONTENTS
   Section Title
   938.005 Title; short title
   938.010 Statement of purpose
   938.100 Variances; generally
   938.200 Application procedure
   938.300 Decision criteria
   938.340 Decision criteria for UGA?UGM minimum
property size
   938.400 Density standards; exceeding dwelling unit
density for areas within major and peripheral
habitats
   938.900 Violations; enforcement
Statutory References and Other Authorities
Legislative History of Chapter 938
938.005 Title; short title
This Chapter, LCC 938.005 to 938.999, shall
be known and may be cited as the ?Linn County
Variance Procedure Code.? This Chapter may also
be referred to and cited as the ?Variance Proce-
dure Code.?
[Adopted 98-002 ?3 eff 3/4/98; amd 99-121 ?19 eff 6/30/99]
938.010 Statement of purpose
(A)  The purpose of this Chapter shall be to
establish procedures and criteria that allow the
decision maker to approve a variance from the
development standards set forth in LCC 934
(Development Standards Code) as a means to
alleviate impractical restrictions on development
which would result from an overly strict or literal
interpretation and enforcement of those standards.
(B)  An application may be submitted for and
the decision-maker may approve in accordance
with this chapter a variance from certain develop-
ment standards including setbacks, yards, height
of structures, parcel and lot width, depth and ratio,
landscaping, screening, coverage, parking stan-
dards, certain signs, and frontage.
[Adopted 98-002 ?3 eff 3/4/98; amd 02-420 ?1 eff 10/30/02]
938.100 Variances; generally
(A)  Variances from the minimum lot or
parcel size requirements of any district shall not
be allowed unless authorized by subsections (B)
or (C).
(B) A variance from a minimum property size
for an authorized unit of land in a Rural Resource
Zone may not be approved by the decision maker.
(C) Any authorized unit of land in the Rural
Development Zone created prior to March 4,
1998, that can not otherwise be partitioned may be
divided if:
(1) the property size of each unit created
by that division is not less than 95% of the mini-
mum property size for the respective zoning
district; and
(2) the application otherwise meets the
requirements of the Land Development Code.
(D)  Variances may not be submitted for uses
specified within any zoning district.
(E)  The Director may not accept an applica-
tion seeking, nor may the decision maker approve,
938 - 2 LINN COUNTY ? VARIANCE PROCEDURE CODE (Latest rev. October 30, 2002)
Run time: April 4, 2003 (1:40pm) Distribution
a variance from the development standards set
forth in:
(1) LCC 934.211 (Signs; prohibited);
(2) LCC 934.360 (Home occupations;
performance standards);
(3) LCC 934.370 (Kennels; performance
standards);
(4) LCC 934.442 (Development stan-
dards for private parks);
(5) LCC 934.590 (F/F (forest area) and
FCM zoning district structural siting standards);
or
(6) LCC 934.790 (UGAZ manufactured
home standards for placement on individual
authorized units of land.
[Adopted 98-002 ?3 eff 3/4/98; amd 02-420 ?1 eff 10/30/02]
938.200 Application procedure
An application filed under this Chapter shall
comply with the provisions of LCC 921.040.
[Adopted 98-002 ?3 eff 3/4/98]
938.300 Decision criteria
(A)  Except as provided in LCC 938.100, a
variance may be granted from the standards
regulating property development as set forth in
LCC 934 (Development Standards Code) if on the
basis of the application, investigation, testimony
and evidence submitted, the findings and conclu-
sions show that all of the criteria in subsection (B)
have been met.
(B)  Decision criteria.
(1) A variance from a development
standard as set forth in LCC 934 (Development
Standards Code) is needed because conditions or
circumstances or both exist on the land or struc-
ture involved that renders development impracti-
cal or impossible;
(2) Granting a variance from a develop-
ment standard will not have a significant adverse
affect on property, improvements, or public health
or safety in the vicinity of the subject property;
and
(3) Approval of the variance is limited to
the minimum necessary to permit otherwise
normal development of the property for the pro-
posed use.
[Adopted 98-002 ?3 eff 3/4/98; amd 02-420 ?1 eff 10/30/02]; amd 02-420 ?1 eff
10/30/02
938.340 Decision criteria for UGA?UGM mini-
mum property size
The Director may approve a variance to the
minimum property size of an authorized unit of
land in the UGA?UGM zoning district if:
(A)  the criteria of LCC 938.300 (B) (2) and
(3) are met;
(B)  the proposal is consistent with the af-
fected city?s comprehensive plan; and
(C)  the City does not object to the Depart-
ment?s approval of the variance.
[Adopted 98-002 ?3 eff 3/4/98; amd 02-420 ?1 eff 10/30/02]
938.400 Density standards; exceeding dwelling
unit density for areas within major
and peripheral habitats
(A)  The major and peripheral habitat density
standards may be exceeded in the EFU and F/F
zoning districts if on the basis of the application,
investigation, testimony and evidence submitted,
findings and conclusions show that the impact of
the dwelling on major or peripheral habitat can be
reduced through, but not limited to, the following
measures:
(1) Locating dwellings and structures
near each other and existing roads;
(2) Locating dwellings and structures to
avoid habitat conflicts and utilize least valuable
habitat areas; and
(3) Minimize road development to that
necessary to support the residential use.
(B)  The Director shall notify the Oregon
Department of Fish and Wildlife and their com-
ments taken into consideration prior to final action
on the proposal.
[Adopted 98-002 ?3 eff 3/4/98]
938.900 Violations; enforcement
But for a variance approved under this chap-
ter, the development standards apply as mandatory
standards, and any development subject to the
standards set forth in LCC 934 (Standards Devel-
opment Code) that does not otherwise comply
with the development standards applicable to that
property is unauthorized, is a violation of the Land
(Latest rev. October 30, 2002) LINN COUNTY ? VARIANCE PROCEDURE CODE 938 - 3
Distribution Run time: April 4, 2003 (1:40pm)
Development Code, and is subject to enforcement
under LCC 240 (Code Enforcement Code).
[Adopted 02-420 ?1 eff 10/30/02]
Statutory References and Other Authorities:
ORS 197; 203; 215
Legislative History of Chapter 938:
Adopted 98-002 eff 3/4/98
Amendments to 98-002
#1 98-432 eff 10/21/98
#2 99-121 ?19 eff 6/30/99
#3 02-420 ?1 eff 10/30/02
938 - 4 LINN COUNTY ? VARIANCE PROCEDURE CODE (Latest rev. October 30, 2002)
Run time: April 4, 2003 (1:40pm) Distribution
[This page is intentionally blank]
(Latest rev. March 28, 2000) LINN COUNTY ? MINING PERMITS AND USES CODE 939 - 1
Distribution Run time: April 4, 2003 (1:32pm)
TITLE 9
COMMUNITY DEVELOPMENT
Subtitle 2 ? Land Development Code
Division 6 ? Miscellaneous Development Code Provisions
CHAPTER 939
MINING PERMITS AND USES CODE
TABLE OF CONTENTS
   Section Title
I. GENERAL PROVISIONS
   939.010 Subchapter title
   939.020 Statement of purpose
   939.030 Definitions
   939.050 Application for a development permit autho-
rizing mining of aggregate
   939.060 Goal 5 process; generally
II. GOAL 5 PROCESS
   939.110 STEP 1 ? determine adequacy of information
provided in the application
   939.120 STEP 2 ? determine site significance and
classification
   939.130 STEP 3 ? identify impact area and all con-
flicts with existing uses
   939.140 STEP 4 ? determine whether conflicts can be
minimized
   939.150 STEP 5 ? analyze ESEE consequences if
significant conflicts can not be minimized
   939.160 STEP 6 ? approve the mining of the aggregate
resource
   939.170 STEP 7 ? determine the post-mining use of
site
   939.180 STEP 8 ? identify conflicts from potential
future uses
   939.190 STEP 9 ? analyze ESEE consequences and
determine whether to allow a future potential
use
   939.200 STEP 10 ? adopt final decision and imple-
menting amendments
Statutory References and Other Authorities
Legislative History of Chapter 939
Appendix 1 ? Mining Permit Chart (the Goal 5 Process is
in Bold)
Appendix 1 to the Land Development Code
Land Development Code Zoning Map
I. GENERAL PROVISIONS
939.010 Subchapter title
This Chapter, LCC 939.010 to 939.999, shall
be known and may be cited as the ?Linn County
Mining Permit and Uses Code? or simply as the
?Mining Permit and Uses Code.?
[Adopted 99-156 ?12 eff 6/30/99]
939.020 Statement of purpose
The purpose of this Chapter is:
(A)  to identify and protect significant sand,
gravel, rock, stone and related aggregate resources
to ensure the continued availability of aggregates
at reasonable costs for the overall development of
Linn County;
(B)  to coordinate the development and
utilization of significant aggregate resources with
other land uses to minimize conflicts;
(C)  to establish standards of development
and operation for significant aggregate resource
extraction and processing sites;
(D)  to prohibit the use of land in the Aggre-
gate Resource Overlay (ARO) for uses incompati-
ble with the extraction and processing of signifi-
cant aggregate resources (see LCC 931.700 to
931.755);
939 - 2 LINN COUNTY ? MINING PERMITS AND USES CODE (Latest rev. March 28, 2000)
Run time: April 4, 2003 (1:32pm) Distribution
(E)  to provide for the agricultural and forest
use of land in the ARO prior to the development
of extraction and processing activities; and
(F)  to provide for the reclamation, rehabilita-
tion and beneficial final use of aggregate resource
sites in a manner compatible with the surrounding
land use pattern.
[Adopted 99-156 ?12 eff 6/30/99]
939.030 Definitions
As used in this Chapter:
(A)  ?Aggregate resources? means naturally
occurring concentrations of stone, rock, sand and
gravel, decomposed granite, lime, pumice, cin-
ders, and other naturally occurring solid materials
commonly used in construction and road building.
(B)  ?Conflicting use? means a use or activ-
ity that is subject to land use regulations and that
would interfere with, or be adversely affected by,
mining at a significant mineral or aggregate
resource site, as specified in OAR 660-023-0180
(4) (b) and OAR 660-023-0180 (5).
(C)  ?Development permit? means a permit
approved by the decision maker and issued by the
Director granting authority to the permitee to
initiate some or all aspects of mining of aggregate
at the site specified in the permit. The term does
not include a text amendment to the Comprehen-
sive Plan whereby the Plan is amended to include
the site in any category described in this Chapter.
A development permit may be issued pursuant to
LCC 921.552 for sites receiving Goal 5 protec-
tion, or pursuant to LCC 921.562 for sites not
receiving Goal 5 protection.
(D)  ?ESEE analysis? means the consider-
ation and balancing of the positive and negative
economic, social, environmental and energy
consequences of a decision to allow, limit, or
prohibit a conflicting use, following the process in
OAR 660-023-0040. Based on the results of the
ESEE analysis, the decision maker determines a
level of protection for the resource and adopts
Comprehensive Plan provisions and regulations to
achieve the designated level of protection.
(E)  ?ESEE consequences? are the positive
and negative economic, social, environmental, and
energy (ESEE) affects that could result from a
decision to allow, limit, or prohibit a conflicting
use.
(F)  ?Existing site? means a significant
aggregate site that is lawfully operating, or is
included in the aggregate inventory in the Com-
prehensive Plan, on September 1, 1996.
(G)  ?Expansion area? means a geographic
area containing aggregate resource contiguous to
an existing site and in which geographic area
mining approval is being sought under this Chap-
ter.
(H)  ?Future potential use? means a use that
is not adopted or approved at the time an applica-
tion under this Chapter is deemed complete by the
Director.
(I)  ?Goal 5 process? means the planning
process for mineral and aggregate resources
identified in OAR 660-023-0180. Depending on
the circumstances the process may include, but is
not limited to, one or more of the following: the
identification of resource sites; the determination
of site significance; the identification of conflict-
ing uses; the identification of measures to mini-
mize conflicts; analysis of ESEE consequences;
and adoption of a program to protect the resource.
The term does not include a determination to issue
a development permit pursuant to LCC 921.560 to
921.569 even if part of the Goal 5 process as
described in this Chapter is considered.
(J)  ?Goal 5 protection? means those condi-
tions and terms imposed on the mining of a site
determined to be significant under LCC 939.120
and that has completed the Goal 5 process as set
forth in LCC 939.110 to 939.200 and has been
added to Appendix 5, 6, or 8 in LCC Chapter 905
(Land Use Element Code).
(K)  ?Impact area? means a geographic area
within which conflicting uses could adversely
affect a significant Goal 5 aggregate resource.
(L)  ?Inventory? is a survey, map, or de-
scription of one or more resource sites that is
prepared by a local government, state or federal
agency, private citizen, or other organization and
that includes information about the resource
values and features associated with such sites. As
(Latest rev. March 28, 2000) LINN COUNTY ? MINING PERMITS AND USES CODE 939 - 3
Distribution Run time: April 4, 2003 (1:32pm)
a verb, ?inventory? means to collect, prepare,
compile, or refine information about one or more
resource sites (see resource list).
(M)  ?Minimize a conflict? means to reduce
an identified conflict to a level that is no longer
significant. For those types of conflicts addressed
by local, state, or federal standards (such as the
Department of Environmental Quality standards
for noise and dust levels) to ?minimize a conflict?
means to ensure conformance to the applicable
standard.
(N)  ?Mining? means the extraction and
processing of aggregate resources, in the manner
provided under paragraph (1).
(1)  The term includes all or any part of
the process of mining by the removal of overbur-
den and the extraction of natural mineral deposits
thereby exposed by any method including open-pit
mining operations, auger mining operations,
processing, surface impacts of underground
mining, production of surface mining refuse and
the construction of adjacent or off-site borrow pits
except those constructed for use as access roads.
(2)  The term does not include excava-
tions of sand, gravel, clay, rock or other similar
materials conducted by a landowner or tenant on
the landowner or tenant?s property for the primary
purpose of reconstruction or maintenance of
access roads and excavation or grading operations
conducted in the process of farming or cemetery
operations, on-site road construction or other
on-site construction or nonsurface impacts of
underground mines.
(3)  The term includes: stockpiling and
movement of aggregate materials, and the opera-
tions or activities necessary to abandon a mining
area.
(O)  ?Mining area? means the geographic
area containing an identified significant aggregate
site within which some or all aspects of mining is
permitted. The mining area may consist of one or
more properties or portions of properties, and may
include two or more contiguous properties under
different ownership. The mining area does not
include undisturbed buffer areas or areas on a
property where mining is not authorized.
(P)  ?Noise or dust sensitive use? means a
conflicting use that is primarily used for year-
round habitation. Residences, churches, hospitals,
schools, public libraries, and campgrounds are
considered noise or dust sensitive uses during
their period of use. A forest use or a farm use is
not noise or dust sensitive uses unless the use is
so:
(1)  defined in state law, or
(2)  determined based on analysis and
findings adopted through the Goal 5 planning
process.
(Q)  ?Operator? includes owner.
(R)  ?PAPA? is a ?post-acknowledgment
plan amendment.? The term encompasses ac-
tions taken in accordance with ORS 197.610 to
197.625, including amendments to Linn County?s
acknowledged Comprehensive Plan or Land
Development Code and the adoption of any new
Plan or land use regulation. The term does not
include periodic review actions taken in accor-
dance with ORS 197.628 to 197.650.
(S)  ?Processing? means the activities de-
scribed in ORS 517.750 (11). Processing includes,
but is not limited to, crushing, washing, milling
and screening, as well as the batching and blend-
ing of mineral aggregate into asphalt or portland
cement concrete within the operating permit area.
(T)  ?Program? or ?program to achieve the
goal? is a plan or course of proceedings and action
either to prohibit, limit, or allow uses that conflict
with significant Goal 5 aggregate resources,
adopted as part of the Comprehensive Plan and
Land Development Code (e.g., zoning standards,
easements, cluster developments, preferential
assessments, or acquisition of land or develop-
ment rights).
(U)  ?Protect? means to adopt land use
regulations for a significant aggregate site in order
to authorize mining of the site and to limit or
prohibit new conflicting uses within the impact
area of the site.
(V)   ?Resource site? or ?site,? for purposes
of completing the Goal 5 process under this
Chapter, is a particular area where resources are
located. A site may consist of one or more proper-
939 - 4 LINN COUNTY ? MINING PERMITS AND USES CODE (Latest rev. March 28, 2000)
Run time: April 4, 2003 (1:32pm) Distribution
ties or portions of properties, and may include two
or more contiguous properties under different
ownership.
(W)  ?Resource list? means a list that in-
cludes the description, maps, and other informa-
tion about significant Goal 5 aggregate resource
sites within Linn County and is adopted by the
County as a part of its Comprehensive Plan or as
a land use regulation. The Plan inventories fol-
lowing LCC Chapter 905 (Land Use Element
Code) are resource lists.
(X)  ?Significant site? means a site listed on
one of the Comprehensive Plan significant aggre-
gate inventories following LCC Chapter 905
(Land Use Element Code).
(Y)  ?Width of aggregate layer? means the
depth of the water-lain deposit of sand, stones,
and pebbles of sand-sized fraction or larger, minus
the depth of the topsoil and non-aggregate over-
burden.
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660-023-010 and 660-023-0180 (1))]
939.050 Application for a development permit
authorizing mining of aggregate
(A)  A person may apply for a development
permit authorizing mining of aggregate as set
forth in this section. The issuance of the develop-
ment permit authorizing the initiation of mining is
subject to LCC 921.540 to 921.569.
(B)  One-step process. A single application
shall be required which shall consist of:
(1)  if a site is already on Appendix 5, 6,
or 8 of LCC Chapter 905 (Land Use Element
Code), a request for a development permit, which
if authorized to be issued shall result in an autho-
rization to initiate some or all aspects of mining
pursuant to this Chapter; or
(2)  if a site is already on Appendix 4 or
10 of LCC Chapter 905, a request for a develop-
ment permit, which if authorized to be issued shall
result in an authorization to initiate some or all
aspects of mining pursuant to LCC 921.560 to
921.569.
(3)  if the site is not on one of the inven-
tories of LCC Chapter 905, a request for:
(a)  an amendment to the Compre-
hensive Plan text, and, if required under this
Chapter, an amendment to the Land Development
Code Zoning Map; and
(b)  a development permit, which if
authorized, shall authorize the initiation of some
or all aspects of mining pursuant to this Chapter,
or to LCC 921.560 to 921.569 based on the find-
ings made in this Chapter.
(C)  Contents. The application shall contain:
(1)  the information required by LCC
921.040;
(2)  Information regarding the location,
quality, and quantity of the aggregate resource;
(3)  A conceptual site reclamation plan;
(4)  A traffic impact assessment within
one mile of the entrance to the mining area;
(5)  An indication of whether the
applicant intends to haul material to another
authorized site for processing, and if so, a pro-
posal for hauling;
(6)  Proposals to minimize any conflicts
with existing uses preliminarily identified by the
applicant within a 1,500-foot impact area; and
(7)  A site development plan as de-
scribed in subsection (D) of this section.
(D)  Site development plan. The applicant
shall submit the information and materials set
forth in this subsection to the Director as part of
the application for a development permit authoriz-
ing the mining of aggregate resources.
(1)  The name and address of the extrac-
tion operator, property owner, and applicant, if
different from the mining operator or property
owner.
(2)  The location (township, range,
section, tax-lot[s]) and size of the resource site.
(3)  An aerial photograph of the resource
site that was photographed less than 12 months
prior to submission of the application. Older
photographs may be submitted if accompanied by
a signed declaration by the applicant stating that
no substantial changes have occurred.
(4)  Provisions for safety fence as re-
quired under LCC 934.354 (C).
(Latest rev. March 28, 2000) LINN COUNTY ? MINING PERMITS AND USES CODE 939 - 5
Distribution Run time: April 4, 2003 (1:32pm)
(5)  Measures, if any, required by federal
and state agencies to meet applicable environmen-
tal quality standards and minimize impacts on fish
and wildlife habitat.
(6)  Proposed final use as permitted in
LCC 933.190.
(7)  A reclamation plan approved by
Oregon Department of Geology and Mineral
Industries (DOGAMI) that results in the proposed
final use or Oregon Division of State Lands (DSL)
conditions of operation.
(8)  A surface water management plan as
required by DOGAMI or DSL.
(9)  Past and present use of the land,
including agricultural and forest resource uses.
(10)  Types and location of vegetative
screening to be used.
(11)  Types, location, and sizes of
equipment to be used.
(12)  The full extent and nature of the
operation, such as blasting, crushing, or asphaltic
compounding.
(13)  A reproducible map at a scale of 1
inch equals 400 feet, unless a different scale is
approved by the Director, that depicts the general
land area within a one-mile radius and identifies:
(a)  The property under the appli-
cant?s control;
(b)  The land areas proposed for
extraction, processing and storage of topsoil or
aggregate;
(c)  Location of all uses within
1500 feet of the resource site boundaries;
(d)  Location of on-site haul roads
and proposed access point(s);
(e)  Location and names of all
structures, roads, railroads and utility facilities
within 1500 feet of the resource site;
(f)  Required setback areas;
(g)  Identification of soil types in
the resource site, if available; if not available,
identification of the soil types adjoining the
resource site; and
(h)  Phasing of mining activity, if
applicable.
(14)  Proposed months, days and hours
of mining operation.
(15)  The resource site owner or autho-
rized agent of the owner shall file a truck route
plan with the Roadmaster indicating all proposed
haul routes for any equipment used in the prepara-
tion, exploration, or mining of the site, including
proposals to haul material to another authorized
site for processing. The truck route plan shall also
include a proposal for the rehabilitation and
restoration of any county roads, or any local
access roads, which may be damaged or dimin-
ished in quality due to the conducting of such
preparation, exploration, or mining activities.
(16)  Evidence that:
(a)  The Roadmaster has approved
a truck haul plan including all routing, paving and
access to the resource site and to and from any
other approved site if material is hauled to the
other site for processing; and
(b)  the Roadmaster has made a
finding that the development will not have signifi-
cant adverse impacts on the quality of county
roads, or local access roads in the area, or
(c)  verification that a performance
security meeting the requirements of LCC
933.110 has been filed.
(17)  Other pertinent information for all
proposed mining and associated uses.
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660-023-0180 (6); amd 2000-119 ?3 eff
3/28/00]
939.060 Goal 5 process; generally
(A)  The Goal 5 process is set forth in LCC
939.110 to 939.200. The process is illustrated
generally in Appendix 1 following this Chapter.
The process involves  following the steps set forth
in this section to determine whether and under
what conditions aggregate extraction and process-
ing may occur:
(1)  STEP 1 ? determine adequacy of
information provided in the application with
regard to the location, quality, and quantity of the
aggregate resource (LCC 939.110);
(2)  STEP 2 ? determine site signifi-
cance and classification (LCC 939.120);
939 - 6 LINN COUNTY ? MINING PERMITS AND USES CODE (Latest rev. March 28, 2000)
Run time: April 4, 2003 (1:32pm) Distribution
(3)  STEP 3 ? identify impact area and
all conflicts with existing uses (LCC 939.130);
(4)  STEP 4 ? determine whether
conflicts can be minimized (LCC 939.140);
(5)  STEP 5 ? analyze ESEE conse-
quences if significant conflicts can not be minimi-
zed (LCC 939.150);
(6)  STEP 6 ? approve the mining of
the aggregate resource (LCC 939.160);
(7)  STEP 7 ? determine the post-
mining use (LCC 939.170);
(8)  Step 8 ? identify conflicts from
new conflicting uses (LCC 939.180);
(9)  STEP 9 ? analyze ESEE conse-
quences and decide whether to allow new conflict-
ing uses (LCC 939.190); and
(10)  STEP 10 ? adopt final decision
and implementing amendments to the Compre-
hensive Plan and Land Development Code (LCC
939.200).
(B)  Except as provided in LCC 939.200 (A)
(1) (a), the decision maker must complete the
Goal 5 process within 180 days after an applica-
tion filed under this Chapter is deemed complete
under LCC 939.110.
(C)  The decision maker is not required to
follow strictly the order of the process as set forth
in LCC 939.130, so long as such review or deter-
mination does not significantly adversely affect
the outcome of the Goal 5 process.
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660, Division 23)]
II. GOAL 5 PROCESS
939.110 STEP 1 ? determine adequacy of
information provided in the applica-
tion
(A)  STEP 1 ? The first step in the Goal 5
aggregate process requires the Director to deter-
mine whether an application filed under this
Chapter may be deemed complete under LCC
921.060 and this section.
(B)  The Director shall deem an application
filed under this Chapter complete if the applica-
tion contains:
(1)  the information required by LCC
939.050;
(2)  information regarding location,
quality, and quantity of the aggregate resource
sufficient to make the determination required in
LCC 939.120.
(3)  a conceptual site reclamation plan;
(4)  a traffic impact assessment within
one mile of the entrance to the mining area pursu-
ant to LCC 939.130 (B) (4) (b);
(5)  proposals to minimize any conflicts
with existing uses preliminarily identified by the
applicant within a 1,500-foot impact area; and
(6)  a site development plan as described
in LCC 939.050.
(C)  Information on location, quantity, and
quality must be reliable information, such as:
(1)  an engineer?s or geologist?s report;
or
(2)  drill results, including depth.
(D)  If application is deemed complete ? go
to STEP 2. If the Director deems the application
complete, the Director shall next determine
whether the site is significant pursuant to LCC
939.120.
(E)  If application is not deemed complete ?
go to STEP 10. If the Director determines that the
application is not complete for the sole reason that
the applicant is unable to provide information
adequate to make the determination required by
subsection (B) (2) of this section, the Director
shall:
(1)  return the application to the appli-
cant; and
(2)  set the matter before the decision
maker to proceed pursuant to LCC 939.200 (A)
(1) (a).
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660-023-0180 (6); amd 2000-119 ?3 eff
3/28/00]
939.120 STEP 2 ? determine site significance
and classification
(A)  STEP 2 ? The Director shall determine
whether an aggregate resource site is a significant
or a non-significant site pursuant to this section.
(B)  An aggregate resource site shall be
significant if adequate information regarding the
(Latest rev. March 28, 2000) LINN COUNTY ? MINING PERMITS AND USES CODE 939 - 7
Distribution Run time: April 4, 2003 (1:32pm)
location, quality, and quantity of the resource
demonstrates that the site meets the following
criteria: 
(1)  A representative set of samples of
aggregate material in the deposit on the site meets
Oregon Department of Transportation (ODOT)
specifications for base rock for air degradation,
abrasion, and sodium sulfate soundness; and
(2)  The estimated amount of material is
more than  1.5 million cubic yards or 2 million
tons; or
(3)  The aggregate site was listed on an
inventory of significant aggregate sites in the
Comprehensive Plan on September 1, 1996.
(C)  Notwithstanding subsections (1) through
(3) of this section, and except for an expansion
area of an existing site if the operator of the
existing site had an enforceable property interest
in the expansion area on March 1, 1996, an aggre-
gate site is not significant if the following criteria
apply: 
(1)  More than 35 percent of the pro-
posed mining area consists of soil classified as
Class I on Natural Resource Conservation Service
(NRCS) maps on September 1, 1996; or
(2)  More than 35 percent of the pro-
posed mining area consists of soil classified as
Class II on NRCS maps available on September 1,
1996, and the average width of the aggregate layer
within the mining area is less than 17 feet; or
(3)  More than 35 percent of the pro-
posed mining area consists of soil classified as a
combination of Class II and Class I or Unique soil
on NRCS maps available on September 1, 1996,
and the average width of the aggregate layer
within the mining area is less than 17 feet.
(D)  If non-significant site ? go to STEP 10.
If the Director determines that the site is a non-
significant site under this section, the Director
shall set the matter before the decision maker to
proceed pursuant to LCC 939.200 (A) (1) (b).
(E)  If significant site ? go to STEP 3. If the
Director determines that the site is a significant
site under this section, the Director shall proceed
to LCC 939.130.
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660-023-0180 (2) (b) and (3); amd 2000-
119 ?3 eff 3/28/00] 
939.130 STEP 3 ? identify impact area and
all conflicts with existing uses
(A)  STEP 3A ? Identify an impact area and
known conflicts within it. The Director shall:
(1)  Identify an impact area for the
purpose of identifying conflicts with proposed
mining.
(a)  The impact area shall include
the proposed mining area and be large enough to
include uses listed in subsection (B) of this section
and shall be limited to 1,500 feet from the bound-
aries of the proposed mining area, except where
factual information is adequate to indicate signifi-
cant potential conflicts beyond this distance.
(b)  For a proposed expansion of an
existing site, the impact area shall be measured
from the perimeter of the proposed expansion area
rather than the boundaries of the existing site and
shall not include the existing site.
(2)  Prepare a map showing the impact
area and proposed mining area; and
(3)  Identify known conflicting uses.
(4)  Prepare a staff report containing the
determinations made under LCC 939.110,
939.120, and subsection (A) of this section along
with any supporting findings; and
(5)  Set the matter before the decision
maker to complete the Goal 5 process. The deci-
sion maker may approve, modify, or deny any
determination of the Director required by LCC
939.120, or this subsection. If the decision maker
modifies or denies a determination made by the
Director which is required under those provisions,
the decision maker shall make a new determina-
tion consistent with those provisions before
completing the Goal 5 process.
(B)  STEP 3B ? Identify all conflicts from
existing and approved uses in the impact area.
(1)  The decision maker shall identify all
existing or approved land uses within the impact
area that will be adversely affected by proposed
mining.
939 - 8 LINN COUNTY ? MINING PERMITS AND USES CODE (Latest rev. March 28, 2000)
Run time: April 4, 2003 (1:32pm) Distribution
(2)  The decision maker shall also
specify conflicts from existing or approved uses
that are able to be reasonably predicted.
(3)  For purposes of this subsection,
?approved land uses? are dwellings allowed by
a residential zone on existing platted lots and
other uses for which conditional or final approvals
have been granted by Linn County.
(4)  The consideration of conflicts that
could be caused by the mining of a significant
aggregate site shall be limited to:
(a)  Conflicts due to noise, dust, or
other discharges with regard to those existing and
approved uses and associated activities (e.g.,
houses and schools) that are sensitive to such
discharges;
(b)  Potential conflicts to local
roads used for access and egress to the mining site
within one mile of the entrance to the mining site,
unless a greater distance is necessary to include
the intersection with the nearest arterial identified
in the Transportation Plan.
(i)  Conflicts with local roads
shall be determined based on clear and objective
standards regarding sight distances, road capacity,
cross section elements, horizontal and vertical
alignment, and similar items in the Transportation
Plan and County Code.
(ii)  Standards for trucks
associated with the mining operation shall be
equivalent to standards for other trucks of equiva-
lent size, weight, and capacity which haul other
materials;
(c)  Conflicts with other Goal 5
resource sites within the impact area that are
shown on an acknowledged list of significant
resources and for which the requirements of Goal
5 have been completed at the time the Plan
amendment is initiated; and
(d)  Conflicts with agricultural
practices.
(C)  If there are conflicts ? go to STEP 4. If
the decision maker identifies conflicts, the deci-
sion maker shall proceed as set forth in LCC
939.140.
(D)  If there are no conflicts ? go to STEP 6
If the decision maker identifies no conflicts, the
decision maker shall proceed as set forth in LCC
939.160.
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660-023-0180 (2) (3), (4) (a) and (b)]
939.140 STEP 4 ? determine whether con-
flicts can be minimized
(A)  STEP 4 ? Determine whether conflicts
can be minimized. The decision maker shall
determine whether the conflicts identified pursu-
ant to LCC 939.130 can be minimized by reason-
able and practicable measures. Such measures
shall be clear and objective.
(1)  If conflicts can not be minimized ?
go to STEP 5. If the decision maker finds that all
the conflicts identified by the decision maker can
not be minimized by reasonable and practicable
measures, the decision maker shall proceed as set
forth in LCC 939.150.
(2)  If conflict can be minimized ? go to
STEP 6. If the decision maker finds that all the
conflicts identified by the decision maker can be
minimized, the decision maker shall identify the
reasonable and practicable measures that would
minimize the conflicts. The decision maker shall
next proceed as set forth in LCC 939.160.
(B)  In making the determination whether
proposed measures would minimize conflicts with
agricultural practices, the decision maker shall
consider only the requirements of ORS 215.296.
(C)  Recording a waiver of remonstrance in
compliance with LCC 933.150 (B), is evidence
that a conflict has been minimized under LCC
939.140, or resolved under LCC 939.150 or
939.190.
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660-023-0180 (c) and (e)]
939.150 STEP 5 ? analyze ESEE conse-
quences if significant conflicts can not
be minimized
(A)  STEP 5 ? Identify and resolve conflicts
through ESEE analysis. Based on any conflicts
identified in LCC 939.140 that could not be
minimized, the decision maker shall determine the
ESEE consequences of either protecting the
resource by allowing mining without or with
(Latest rev. March 28, 2000) LINN COUNTY ? MINING PERMITS AND USES CODE 939 - 9
Distribution Run time: April 4, 2003 (1:32pm)
limitations, or not protecting the resource and
prohibit mining or permit mining under a permit
pursuant to LCC 921.560 to 921.569. The deter-
mination shall be based on weighing the identified
ESEE consequences, with consideration of the
following:
(1)  The degree of adverse effect on
existing land uses within the impact area;
(2)  Reasonable and practicable mea-
sures that could be taken to reduce the identified
adverse effects; and
(3)  The probable duration of the mining
operation and the proposed post-mining use of the
site.
(B)  If the site should be protected and
mining authorized ? go to STEP 6. If, based on
the ESEE analysis required under this section, the
decision maker determines that the site should be
given Goal 5 protections and mining should be
approved with or without limitations, the decision
maker shall proceed as set forth in LCC 939.160.
(C)  If the site should not be protected by
Goal 5 ? go to STEP 10. If, based on the ESEE
analysis required under this section, the decision
maker determines that the site should not be
protected by Goal 5, the decision whether to
permit mining or not shall be made by the deci-
sion maker as set forth in LCC 939.200 (A) (4).
(D)  Recording a waiver of remonstrance in
compliance with LCC 933.150 (B), is evidence
that a conflict has been minimized under LCC
939.140, or resolved under LCC 939.150 or
939.190.
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660-023-0180 (4) (d)]
939.160 STEP 6 ? approve the mining of the
aggregate resource
(A)  STEP 6 ? Approve the mining. The
decision maker shall protect the resource site and
approve an application for mining if:
(1)  no conflicts were identified under
LCC 939.130, or
(2)  all identified conflicts with a signifi-
cant aggregate resource site are minimized pursu-
ant to LCC 939.140, or
(3)  based on an ESEE analysis, con-
ducted pursuant to LCC 939.150, mining is per-
mitted with or without limitations.
(B)  Go to STEP 7. After the decision maker
approves an aggregate site for mining of aggre-
gate, the decision maker shall proceed as set forth
in LCC 939.170.
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660-023-0180 (4)]
939.170 STEP 7 ? determine the post-mining
use of site
(A)  STEP 7 ? Post-mining use and recla-
mation. At the time the determination under LCC
939.160 is made, the decision maker shall:
(1)  determine the post-mining use of the
site.
(2)  proceed as set forth in LCC 939.180
(STEP 8).
(B)  For significant aggregate sites on Class
I, II soils and unique farmland, the post-mining
use shall be limited to farm uses under ORS
215.203, uses listed under ORS 215.283 (1), and
fish and wildlife habitat uses, including wetland
mitigation banking.
(C)  The County and applicant shall coordi-
nate with DOGAMI regarding the regulation and
reclamation of aggregate sites.
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660-023-0180 (4) (f)]
939.180 STEP 8 ? identify conflicts from
potential future uses
(A)  STEP 8 ? Determine all conflicts from
potential future uses in the impact area. The
decision maker shall:
(1)  Identify future potential uses which,
if allowed, would conflict with the proposed
mining;
(2)  Identify predicted conflicts from
those future potential uses.
(B)  The consideration of future potential
uses shall be limited to those land uses that, if
approved, would be allowed outright in the under-
lying zoning district.
(C)  Go to STEP 9. The decision maker shall
next proceed as set forth in LCC 939.190.
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660-023-0180 (5)]
939 - 10 LINN COUNTY ? MINING PERMITS AND USES CODE (Latest rev. March 28, 2000)
Run time: April 4, 2003 (1:32pm) Distribution
939.190 STEP 9 ? analyze ESEE conse-
quences and determine whether to
allow a future potential use
STEP 9 ? Analyze future potential uses and
determine whether to allow the use. 
(A)  The decision maker shall determine
whether to allow, limit, or prevent a future poten-
tial use identified in LCC 939.180. To make this
determination, the decision maker shall apply the
standard ESEE process set forth in OAR 660-023-
0040 and 660-023-0050.
(B)  Recording a waiver of remonstrance in
compliance with LCC 933.150 (B), is evidence
that a conflict has been minimized under LCC
939.140, or resolved under LCC 939.150 or
939.190.
(C)  Go to STEP 10. The decision maker
shall next proceed as set forth in the applicable
provisions of LCC 939.200.
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660-023-0180 (5)]
939.200 STEP 10 ? adopt final decision and
implementing amendments
(A)  STEP 10A ? Amend the Comp Plan to
carry out the decision. The decision maker shall
implement the determinations made under this
Chapter by amending the Comprehensive Plan as
set forth in paragraphs (1) and (2) of this subsec-
tion.
(1)  Inventories. The decision maker
shall amend the appropriate appendices following
LCC Chapter 905 (Land Use Element Code) to
include the site on an inventory and to include any
supporting analyses pursuant to this paragraph.
(a)  Application not complete ?
sites possibly significant (formerly 1B sites). If the
Director determined that the application is not
complete solely because the applicant was unable
to provide information adequate to make the
determination required by LCC 939.110 (B) (2),
the decision maker shall amend Appendix 3, LCC
Chapter 905 (Land Use Element Code) and add
the site for which information is not adequate to
make the determination under LCC 939.110 to the
inventory entitled ? ?Inventory of Possibly
Significant Sites (Formerly ?1B? Sites).?1
(b)  Non-significant sites (formerly
1A sites). If the Director, based on location,
quality and quantity information determines that
an aggregate resource site is not significant, the
decision maker shall amend Appendix 4, LCC
Chapter 905 (Land Use Element Code) entitled ?
?Inventory of Non-significant Sites (Formerly
?1A? Sites).?2
(c)  Significant sites without con-
flicts (formerly 2A sites). If the Director, based on
location, quality and quantity information deter-
mines that an aggregate resource site is signifi-
cant, and the decision maker has determined that
the site is without conflicts, the decision maker
shall amend Appendix 5, LCC Chapter 905 (Land
Use Element Code) entitled ? ?Inventory of
Significant Sites Without Conflicting Uses (For-
merly ?2A? Sites).?3
(d)  Significant sites with conflicts
that have been minimized. If the decision maker is
able to minimize the conflicts under LCC
939.140, the decision maker shall amend Appen-
dix 6, LCC Chapter 905 (Land Use Element
Code) and add the site for which all conflicts have
been minimized under LCC 939.140 to the inven-
tory entitled ? ?Inventory of Significant Sites
With All Conflicts Minimized.?4
(e)  Significant sites with conflicts
that can not be minimized but, based on an ESEE
analysis, are to be protected by Goal 5 and ap-
proved for mining. If a significant site has con-
flicts not able to be minimized but pursuant to an
ESEE analysis is determined to receive Goal 5
protection for approved for mining, the decision
1Under the original Goal 5 rule these sites were
referred to as ?1B sites.?
2Under the original Goal 5 rule these sites were
referred to as ?1A sites.?
3Under the original Goal 5 rule these sites were
referred to collectively as ?1C? sites and, following ESEE
analysis, each 1C site became classified as a ?3A,? ?3B,? or
?3C? site.
4The inventory of these sites is required by the
September 1, 1996 amendments to the Goal 5 rule.
(Latest rev. March 28, 2000) LINN COUNTY ? MINING PERMITS AND USES CODE 939 - 11
Distribution Run time: April 4, 2003 (1:32pm)
maker shall amend LCC Chapter 905 (Land Use
Element Code) to:
(i)  add the site to Appendix 8
entitled ? ?Inventory of Significant Sites Pro-
tected by Goal 5 and Approved for Mining Pursu-
ant to an ESEE Analysis (Formerly ?3A? or ?3C?
Sites)?5; and
(ii)  to add the ESEE analysis
to the Appendix 9 entitled ? ?ESEE Analyses
Justifying the Protection of an Site by Goal 5 and
Granting Mining Approval.?
(f)  Significant sites with conflicts
that can not be minimized but, based on an ESEE
analysis, are not to be protected by Goal 5 or
approved for mining.
(i)  If a significant site has
conflicts not able to be minimized, but, pursuant
to an ESEE analysis, is determined not to receive
Goal 5 protection not to be approved for mining
under Goal 5, the decision maker shall provide
full protection to the conflicting use and shall
amend LCC Chapter 905 (Land Use Element
Code) to:
(I)  add the site to Appen-
dix 10 ? entitled ?Inventory of Significant Sites
Not Protected by Goal 5 and Not Approved for
Mining Pursuant to an ESEE Analysis (Formerly
?3B? Sites)?6; and
(II)   add the ESEE analy-
sis to Appendix 11 entitled ? ?Inventory of
Significant Sites Not Protected by Goal 5 and Not
Approved for Mining Pursuant to an ESEE Analy-
sis?7; and
(ii)  Where mining is not
protected pursuant to Goal 5, the ARO shall not
be applied to the site.
(2)  If the decision maker makes a
determination approving mining under subsec-
tions (A) (1) (c) to (A) (1) (e), the amendments set
forth in the Comprehensive Plan shall include:
(a)  a program to protect the re-
source; 
(b)  identified measures to mini-
mize conflicts and any special conditions and
regulations. Such measures, conditions, and
regulations shall be clear and objective; and
(c) the approved post-mining use.
(B)  STEP 10B ? Amend the Zoning Map to
apply the ARO. If the decision maker makes a
determination approving mining under subsec-
tions (A) (1) (c) to (A) (1) (e), the decision maker
shall amend the Land Development Code Zoning
Map:
(1)  To show the mining area. The
extraction area shall be applied to significant sites
where mining is permitted by the Comprehensive
Plan. The mining area boundary as set forth in an
application may be modified through the Goal 5
process to reduce conflicts with uses existing
within the impact area.
(2)   To show the impact area. The size
of the impact area may be increased or decreased
through application of the Goal 5 process.
(3)  To apply an ARO to the impact area
for sites receiving protection pursuant to Goal 5.
(C)  The requirements of subsections (A) (2),
(A) (3) and (B) of this section, do not apply to
approval of mining under LCC 921.560 to
921.569.
[Adopted 99-156 ?12 eff 6/30/99 (OAR 660-023-0180 (6); amd 2000-119 ?3 eff
3/28/00]
Statutory References and Other Authorities:
ORS 197; 203; 215; 517; OAR 660, Div. 023
Legislative History of Chapter 939:
Adopted 99-156 ?12 eff 6/30/99
Amendments to 99-156
#1 2000-119 ?3 eff 3/28/00
5The inventory of these sites is required by the
September 1, 1996 amendments to the Goal 5 rule.
6The inventory of these sites is required by the
September 1, 1996 amendments to the Goal 5 rule.
7The inventory of these sites is required by the
September 1, 1996 amendments to the Goal 5 rule.
939 - 12 LINN COUNTY ? MINING PERMITS AND USES CODE (Latest rev. March 28, 2000)
Run time: April 4, 2003 (1:32pm) Distribution
APPENDIX 1 ? MINING PERMIT CHART (THE GOAL 5 PROCESS IS IN BOLD)
PAPA
   \
ADEQUATE APPLICATION
   re: LQQ? (STEP 1)
   \
No __\ Yes
\ \
         Possibly \
       Significant SIGNIFICANT SITE? (STEP 2)
            Site \
\ \
\ \ \
\ \        [ \
\             No (Director)             Yes
  LCC 905 interim \          (Hearing Authority) \
  policy protection \         \ ANY CONFLICTS? (STEPS 3 & 4)
\ \ \
\ \ \
\    \ \ \
\ \ \ \
     \         \             Yes             No
\ \ \ \
\ \      CONFLICTS MINIMIZED? \
\ \          (STEP 4) \
\ \ \ \
\ \ \ \
\ \ \ \ \
\ \             No             Yes \
\ \ \ \ \
\ \ ANY GOAL 5 PROTECTION? \ \
\ \        (ESEE consequences ? STEP 5)               \ \
\ \        \ \ \
\ \ \ \ \
\ \ \ \ \ \ \
\ \ \ \ \ \ \
\ \    No Protection Limited Protection    Full Protection \ \
\ \     to mining site    to mining site         to mining site \ \
\ \ \ \ \ \ \
\ \       \ \ \ \ \
\ \ \ \ \ \
\ \ \ \ \ \
\ \ \ . \ . \
\ \ \ APPROVE MINING OF GOAL 5 SITE (STEP 6) \
\ \ \ . \ . \
\ \ \ .   DETERMINE POST-MINING USE (STEP 7) \
\ \ \ . \ . \
\ \ \        IDENTIFY AND RESOLVE FUTURE CONFLICTS (STEPS 8 & 9) \
\ \ \ . \ . \
     \       \  \          ADOPT IMPLEMENTING LEGISLATION (STEP 10) \
\ \ \ \ \ \
\ \ \ \ \ \
       Appendix 3       Appendix 4  Appendix 10/11 Appendix 8/9                Appendix 6/7 Appendix 5
\ \__ \ \ \ \
\        \ \
          No DP    CUP                  Goal 5 DP & ARO
        [LCC 921.562] [LCC 921.552]
(Latest rev. March 28, 2000) LINN COUNTY ? MINING PERMITS AND USES CODE 939 - 13
Distribution Run time: April 4, 2003 (1:32pm)
Appendix 1 to the Land Development Code
Land Development Code Zoning Map
[see LCC 920.010 and 920.300]
(follows this page [originals on file in Clerk?s Office])
939 - 14 LINN COUNTY ? MINING PERMITS AND USES CODE (Latest rev. March 28, 2000)
Run time: April 4, 2003 (1:32pm) Distribution
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