Clackamas County commissioners approve package of zoning amendments while flagging limits on appeals and public input

Martha Fritzy, principal planner for Clackamas County, told the Board of Commissioners on June 16 that the package before them — planning file ZDO-293 — updates roughly 40 sections of the Zoning and Development Ordinance, adds two new sections and amends one comprehensive plan chapter to implement recent state law changes, correct errors and adopt limited optional clarifications.

Fritzy said mandatory parts of the package mainly incorporate new state-mandated housing application types and procedures, some of which limit who may appeal land-use decisions to the Land Use Board of Appeals (LUBA). She said staff included neighbor notice in one discretionary housing application even though the legislature limited LUBA appeals to the applicant for that application type.

"This is a package that comes to you annually or biannually to where we look at ensuring that our zoning codes comply with state mandates," Fritzy said, adding the changes are intended to create efficiencies and reduce administrative burdens.

Tom Peterson, chair of the Planning Commission, testified in person to reiterate the commission’s concerns about appeal limits. "We felt it was important enough issue that it was worth coming to this meeting and reiterating kind of our concerns about the appeal process being limited only to applicants," Peterson said, and noted planning commissioners are forming a committee to explore options to elevate the issue at the state level.

Commissioners asked staff to clarify how appeals and notice will change. Commissioner Helm said the idea that only an applicant could appeal certain approvals to LUBA was "one of the stupidest things I've ever heard." Staff and a county attorney explained that the changes stem from 2026 state legislation creating new clear-and-objective housing application pathways; for those specific application types the law limits LUBA appeals to applicants or channels some appeals to circuit court rather than LUBA.

Beyond mandatory items, Fritzy described optional proposals in the package: removing a prohibition on private noncommercial docks in two limited-use stretches of the Willamette River Greenway, lifting a 35-foot residential height cap for certain high-density residential lots inside the greenway, clarifying setback rules for irregular urban lots, allowing single-room-occupancy units in urban commercial zones that already permit multifamily, providing limited outdoor allowances for some specialized industrial structures subject to screening and height limits, and replacing the current four-year approval period plus a two-year extension with a single six-year implementation period for new approvals.

Fritzy noted the Planning Commission voted 6–1 to recommend approval, with the lone dissent focusing on concerns about time-extension limits in river and stream corridor areas.

After public testimony and deliberation, Commissioner Helm moved to approve ZDO-293 "as recommended by staff and the Planning Commission." Commissioner Savas seconded. The clerk called the roll: Commissioners West, Shrader, Helm, Savas and Chair Roberts all voted yes and the motion passed 5–0. The board directed staff to draft an ordinance for adoption at an upcoming business meeting.

The board ended the morning business meeting and said it would reconvene at 1:30 p.m. for a policy session.