Chapter 17.112
FUTURE RIGHT-OF-WAY LINES

Sections:

17.112.010    Establishment, alterations, or elimination of future right-of-way lines.

17.112.020    Special street setbacks.

Prior legislation: Ordinance 329.

17.112.010 Establishment, alterations, or elimination of future right-of-way lines.

The governing body may establish, vary, modify, alter or eliminate any future right-of-way line for any reason or purpose after proceedings as provided for administrative reviews as outlined in MCC 17.110.680. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003. RZ Ord. § 112.010.]

17.112.020 Special street setbacks.

A. The special setbacks in this section are based upon the functional classification of streets as described in the Marion County Rural Transportation System Plan outside urban growth boundaries. The purpose of these special setbacks is to permit the eventual expansion or improvement of streets and roads in order to safely accommodate vehicular or pedestrian traffic. The special setback shall be measured from the centerline of the street right-of-way.

B. Except as provided herein structures, including but not limited to utilities, retaining walls, fences and curbing and paved surfaces shall not be located within the special setbacks specified in subsection (F) of this section. Any portion of a structure lawfully established within a special street setback prior to adoption of this title shall be considered a nonconforming structure. Other yard areas and setbacks specified adjacent to streets shall be in addition to the special setbacks required by this section. These setback distances shall be measured at right angles to the centerline of the established right-of-way. Parking requirements shall be met outside of the special setback area.

C. The planning director may approve placement of signs or light standards, and temporary structures, or paved surfaces within the special setback area upon determination that the county department of public works or Division of State Highways, if applicable, has no objections, and provided the property owner signs a written agreement that the owner or his heirs or assigns will, within 45 days after being notified by the county, remove all portions of the structures or signs, light standards, parking or temporary structures within the special setback. The agreement shall provide that if the owner fails to remove the listed items the county or state may do so at the expense of the owner and the expense shall be a lien against the land and may be collected or foreclosed in the same manner as liens entered in the county lien docket. The agreement shall be recorded by the owner in the applicable deed records. Notice requiring removal shall be given when the responsible public agency is planning a project or identifies an actual need to improve the street in front of the owner’s property or the department of public works determines that the structure is a threat to the public health, safety or welfare. The agreement shall also provide that the owners shall not be entitled to any damages or compensation for the removing of any structure or loss of parking spaces approved under this provision but this stipulation shall not deny the owner the right to compensation for any land or any structures existing prior to the adoption of this title, taken for a roadway-related project.

D. The planning director may also approve temporary structures within the street yard required in the applicable zone, exclusive of the vision clearance area, subject to the requirements in subsection (C) of this section.

E. Required yard areas adjacent to a street shall be measured from the setback lines as set forth in this section.

F. Special Setback Requirements.

1. The special setback requirements shall be based on the functional classification in the Rural Transportation System Plan with the exception of those road segments listed under subsection (F)(2) of this section.

a. State highway: 50 feet.

b. Principal arterial: 50 feet.

c. Arterial: 50 feet.

d. Major collector: 40 feet.

All other facilities shall have a special setback of 30 feet as identified in the Rural Transportation System Plan (Section 10.3.6).

2. The following streets or roads shall have a centerline setback as specified:

a. Repealed by Ord. 1397.

b. Cordon Road adjacent to the urban growth boundary of Salem and up to Hazelgreen Road: 60 feet.

c. North Fork Road from Oregon 22 to Gates Hill Road: 50 feet.

d. State Street from Howell Prairie Road to Cascade Highway: 40 feet.

e. Sunnyview Road from Howell Prairie Road to Cascade Highway: 40 feet.

f. Macleay Road from 65th Avenue to Howell Prairie Road: 40 feet.

g. Riverside Road from River Road to Sidney Road: 40 feet.

h. Sidney Road from Riverside Road to Buena Vista Road: 40 feet.

i. Buena Vista Road from Sidney Road to Buena Vista Ferry: 40 feet. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003. RZ Ord. § 112.020.]