FUTURE RIGHT-OF-WAY LINES
112.010 Establishment, Alterations, or Elimination of Future Right-Of-Way Lines
112.020 Special Street Setbacks
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 Section 110.680.
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 Comprehensive 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 and paved surfaces shall not be located within the special setbacks specified in (e) below. Any portion of a structure lawfully established within a special street setback prior to adoption of this ordinance shall be considered a non‑conforming structure. Other yards 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.
(c) The Planning Director may approve placement of signs or light standards, and temporary structures, or paved surfaces 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 structure 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 not be given until the responsible public agency proceeds to widen 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 ordinance, taken for the widening of the street.
(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 (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 following streets or roads shall have a 70 foot centerline setback:
U.S. 99E from the northern City limits of the City of Salem to the northeast boundary of Marion County, Oregon.
2. The following streets or roads shall have a 50 foot centerline setback:
MR 4 (Brooklake Road) From Pacific Highway 99E to CR 609 (Brooklake Road)
MR 21 (Sunnyview Avenue) From Hampden Lane (CR 746) to Howell Prairie Road (MR 51)
MR 22 (State Street) From Cordon Road to Howell Prairie Road (MR 51)
MR 23 (Macleay Road) From Cordon Road to Howell Prairie Road (MR 51)
MR 26/47 (Silverton Road) From Cordon Road to West City limits of Silverton
MR 28 (Mill Creek Road) From East City limits of Turner to the West City limits of Aumsville
MR 29 (Mill Creek Road) From East City limits of Aumsville to Golf Club Road
42 (Cascade Highway) From South City limits of Silverton to the North City limits of Stayton
MR 31 From East City limits of Stayton to Santiam Highway
MR 34 See MR 30
MR 36/68 (North River Road) From Perkins Road to Junction of State Highway Nos. 214, 219
MR 42 See MR 30
MR 47 See MR 26
MR 53 (South River Road) From Riverdale Road (CR 801) to Independence Bridge
MR 68 See MR 36
MR 85 (Heiberger Road) From Santiam Highway to Shaff Road, thence on Shaff Road to Cascade Highway (MR 30)
MR 96 (Fargo Road) From Interstate 5 to West City limits of Aurora
CR609 (Brooklake Road) From MR 4 to MR 36 (North River Road)
CR 960 (Little North Fork) From Santiam Highway to CR 967 (Gates Hill Road)
MR 13 (State Highway No. 219) From North City limits of St. Paul to Newberg Bridge
MR 14 (State Highway Nos. 214, 219) From East City limits of St. Paul to West City limits of Woodburn
MR 16 (State Highway No. 214) From East City limits of Woodburn to the North City limits of Mt. Angel
MR 33/48 (State Highway No. 213) From East City limits of Silverton to Marion County boundary
45/78 (Silver Creek Falls Highway) From Santiam Highway to the South City limits of Silverton
MR 57 (State Highway No. 211) From Pacific Highway 99E to Marion County boundary