CHAPTER 112 FUTURE RIGHT-OF-WAY LINES Revised 08/06/03 Section Title 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: (g) 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 MR 30/34/ 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 MR 23/43/ 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