Josephine County Unincorporated
City Zoning Code
City Zoning Code
Division IV
APPLICATION PROCEDURES
§ 19.40.010 Purpose.
The purpose of this chapter is to establish the basic procedures for the submission of applications for land use permits in Josephine County.
(2005 RLDC § 40.010)
§ 19.40.020 Types of actions.
The following is a list of land use actions authorized by this title. This list shall not be considered exclusive, and land use actions authorized by state or federal law or other County ordinance or regulation are also authorized.
A.
Alteration of a nonconforming use.
B.
Amendment of the comprehensive plan map.
C.
Appeals and remand hearings.
D.
Change of zone.
E.
Conditional use permit (general).
F.
Destination and recreational resorts.
G.
Determination of a nonconforming use.
H.
Development in flood hazard areas.
I.
Development permit.
J.
Director's decision regarding the interpretation or administration of this title.
K.
Farm and forest dwellings.
L.
Farm and forest uses.
M.
Home occupation permit.
N.
Hydroelectric and transmission facilities.
O.
Land divisions.
P.
Naming of a street or road.
Q.
Similar use.
R.
Site plan review by the Director.
S.
Temporary use permit.
T.
Text amendment to the comprehensive plan or land development code.
U.
Variance.
(2005 RLDC § 40.020)
§ 19.40.030 General procedures.
A.
All applications shall be submitted on forms provided by the Director.
B.
It is the responsibility of the applicant to complete the application forms and to supply the documentation as required by Chapter 19.21 JCC, Pre-Application Review.
C.
The Director is authorized to reject incomplete or frivolous applications.
D.
When a development proposal involves more than one application, and any one or more of the applications requires conditional use or hearing procedures, the applications may be consolidated for one review process, unless the Director determines one of the following circumstances applies:
1.
The issues in the applications are so complex that combined review will likely prevent a full and fair review of all of the issues; or
2.
The consolidation of the applications will result in an administrative hardship to the Director, the Review Body or the participants.
E.
Consolidated applications shall be accompanied by the full fee for each application, and shall be processed using the highest level of review procedure required by any of the applications. A decision to approve or deny consolidated applications may be documented in a single set of findings as long as the findings separately list and address the standards and criteria for each application. A decision by the Director to consolidate or not consolidate applications is not subject to appeal.
F.
Applications for land uses that might affect transportation facilities, corridors or sites under ownership or maintenance of other jurisdictions will also be reviewed by the corresponding jurisdiction.
(2005 RLDC § 40.030)
§ 19.40.040 Application requirements.
An application shall include or attach some or all of the following items. A list of the initial requirements shall be furnished to applicants at the completion of pre-application review, or at a later time if the Director determines additional information or documents are needed for effective review.
A.
Proof of ownership;
B.
A completed application form (or a land use request cover sheet in the event a specific application form does not exist for the request);
C.
A power of attorney, if the applicant is someone other than the property owner and the property owner has not signed the application;
D.
An executed statement of understanding;
E.
All required fees;
F.
Copies of easements encumbering or benefiting the property;
G.
A determination of legal lot demonstrating the parcel or lot is authorized for development;
H.
A plot plan meeting the requirements of JCC § 19.41.020(B)(3);
I.
A site plan map meeting the requirements of JCC § 19.42.060;
J.
A copy of the Assessor's and/or zoning map for the vicinity;
K.
A copy of the applicable flood hazard map or Flood Insurance Rate Map with the property lines delineated to the same scale as the map, or a depiction of the federal designated floodplain/floodway on the plot plans required by subsection (H) or (I) of this section;
L.
A soil map for the property from the soil survey of Josephine County;
M.
An access permit from the Oregon State Highway Division;
N.
Proof of a long-term access permit or agreement from a public agency;
O.
A scenic easement approval;
P.
A drainage and/or erosion control plan;
Q.
An elevation map for the property showing six or more relative elevations or contours for the property;
R.
Proof of irrigation or water rights;
S.
Copies of relevant well logs, pump tests or other water source or quality data;
T.
An approved statement of intended water use and/or other information showing compliance with Chapter 19.84 JCC (Water Standards);
U.
Copies of existing and proposed septic site evaluations;
V.
Copies of existing surveys;
W.
An original copy of an aerial photograph of the property or vicinity;
X.
Any information or documentation regarding open space, scenic, historic, archaeological and natural resource sites that are located on or near the property;
Y.
Any other information necessary or helpful to explain the circumstances of the request or address applicable standards and criteria, as determined by the Director.
(2005 RLDC § 40.040; Amended by Planning Director, 10-28-16)
§ 19.41.010 Purpose.
The purpose of this chapter is to set out basic rules for the issuance, time limit, extension, expiration and revocation of land use permits.
(2005 RLDC § 41.010)
§ 19.41.020 Development permits.
A.
No use, building or structure shall be established, constructed, changed in use, erected, moved, reconstructed, replaced, extended, enlarged or altered without first obtaining a development permit from the Director, except as follows:
1.
When the development consists of interior remodeling only, and results in no increase in the "footprint" or exterior dimensions of an existing structure;
2.
When the development consists of a change in occupancy without a change in the use of the land or structure;
3.
The use is listed as an outright use in a farm or forest zone; or
4.
The use is an agricultural or forest use (as defined in Chapter 19.11 JCC) which is listed in the rural residential, mineral and aggregate resource, serpentine or limited development districts.
B.
A development permit shall be used to document the Director's final action on all land use applications, except land divisions covered by Division V of this title and decisions involving the interpretation and administration of the requirements of this title, and shall be used to advise other departments and agencies that the requirements of this title have been met. In the case of ministerial actions described in JCC § 19.22.030, the development permit shall be the only documentation required for the Director's action. The following additional rules shall apply to development permits:
1.
All of the standards, conditions and requirements of the approval shall be considered a part of the development permit.
2.
The development permit shall be signed by a property owner, a contractor licensed by the state of Oregon, a licensed attorney at law, or some other person possessing a valid power of attorney which authorizes the obtaining of land use permits for the owner(s).
3.
The development permit shall be accompanied by a plot plan of the property being developed meeting the following basic requirements:
a.
Proportionally drawn with a north arrow;
b.
Show the owners' name, together with the Assessor's legal description (township, range, section, quarter section, tax lot number) and the street address;
c.
Show the location and name of all streets, roads, rights-of-way, easements, rivers, streams, watercourses and irrigation ditches on or adjacent to the property;
d.
Show the location, size (including height), and intended use of all existing and proposed structures or improvements (including septic and well locations) on the property, clearly identifying the proposed structure(s); and
e.
Show the distance from existing and proposed structures or improvements from the nearest property line.
4.
The development permit may be used by the Director as a method of documenting or authorizing a lawfully existing land use, structure or improvement.
5.
When a development or conditional use permit request requires review by the Hearings Officer, Planning Commission or the Board (by referral from the Director, by original jurisdiction or by appeal) the development permit shall not be issued until final action is taken on all local appeals, and all of the preconditions of the approval have been met or guaranteed.
6.
Development permits shall be valid for one year from the date of issuance, but may be renewed for additional one-year periods so long as the use or structure continues to be authorized by the provisions of this title or other applicable law. Renewals shall occur only after the Director determines the use or structure complies with any additional standards, criteria or processing procedures which exist at the time of renewal.
C.
Emergency Permitting. Any legal habitable structure destroyed by a natural disaster needs to secure a minor development permit, at no cost, for replacement or repair, provided the Director or designee inspects the structure to document the condition of the structure and verify it was destroyed by the natural disaster. If said permit is not issued within 48 hours of application, said permit shall be considered granted. Said replacement structure shall not exceed the footprint or floor area of the original structure prior to destruction. In no case shall an illegal structure be allowed to be reconstructed under this provision.
(2005 RLDC § 41.020; Ord. 2018-003 § 1)
§ 19.41.030 Time limit, extension and expiration of permits.
A.
All land use permits, except development permits and permits which have special conditions relating to expiration and/or renewal attached to them, shall expire two years after the date findings of approval are executed unless substantial development occurs.
B.
If substantial development does not occur within the life of the permit, the permit holder may be granted a two-year extension of the permit. A second two-year extension may also be granted, so that total permit life may exceed four years, but in no case more than six years, subject to the following findings:
1.
The request is made by filing a request for an extension on forms provided by the Planning Office, together with a pre-application fee; and
2.
The request is made before the original permit expires, or, if the request is made after the original permit expires, the extension(s) shall include the time between expiration and extension so total permit life does not exceed six years; and
3.
No changes in applicable criteria-based state laws or rules or County land development regulations have occurred since the date of original approval. The Director may apply conditions to the extension as needed to implement changes in standards of approval only, using the ministerial review procedures as set forth in Chapter 19.22 JCC.
4.
In the event changes in applicable criteria-based laws, rules or regulations occur, a new application and application fee shall be required. The application shall be processed using quasi-judicial review procedures per JCC § 19.22.040.
5.
See Chapter 19.11 JCC for the definitions of "Substantial Development," "Criterion (Criteria) of Approval" and "Standard of Approval."
C.
When the permit involves the establishment of a specific use or activity and the use or activity actually commences, but then discontinues for any continuous period of two years, the permit shall expire, and the use shall be considered abandoned, unless an extension is obtained in conformance with requirements of subsection (B) of this section.
D.
Time limits, extension and expiration of land use permits for dwellings within the farm and forest zones shall be governed separately by JCC § 19.64.070(C) and § 19.65.070(G).
(2005 RLDC § 41.030; Ord. 2010-001 § 1; Ord. 2011-005 § 1)
§ 19.41.040 Revocation of permits.
Unless another section of this title makes a different provision, all land use permits may be subject to revocation by the Director if it is determined the application includes false or misleading information, or if the standards or conditions governing the permit have not been met or maintained.
A.
The revocation of any permit by the Director shall be subject to the following rules:
1.
The Director shall mail the permit holder a written statement of the proposed revocation at least 30 days prior to the date of revocation. The notice shall contain a detailed statement identifying the specific reason(s) for revocation. The notice shall advise the permit holder of the opportunity to respond to the Director's statement in writing within 15 days from the date the notice is mailed by explaining or refuting the reason(s).
2.
The Director's action to revoke a permit shall be considered a land use decision subject to the process requirements of JCC § 19.22.040(B)(5) and (C)(1) through (3).
3.
In the event the permit holder submits a written explanation to the notice, the Director shall thereupon give careful consideration to the response in conjunction with other relevant evidence, including other written comments received in response to landowner or agency notice, to determine whether revocation of the permit should occur.
4.
At the conclusion of the Director's review, the Director shall enter findings of the decision and mail notice of the decision to revoke or not revoke to the permit holder and other parties to the action. The notice shall explain basic appeal rights.
5.
No permit shall be revoked until the appeal period for the decision to revoke has expired without an appeal.
B.
The Director's decision to revoke a permit may be appealed pursuant to the rules and procedures contained in Chapter 19.33 JCC governing the appeal of land use decisions. In the event of an appeal, the relocation of the permit shall be stayed pending review by the Board of County Commissioners.
(2005 RLDC § 41.040)
§ 19.42.010 Purpose.
Site plan review is an internal administrative process designed to assist the Director in the review of land use applications by assessing certain proposed developments. It shall be the function of the site plan review process to examine and evaluate plans for development, and to formulate recommended conditions for development designed to assure compliance with applicable standards and/or criteria.
(2005 RLDC § 42.010)
§ 19.42.020 Site plan review participation.
The Director shall notify and involve other County departments, government agencies, political jurisdictions, private organizations, individuals or property owners as the Director determines are necessary or helpful in the conduct of site plan review. Site plan review shall not be considered a separate land use action or process apart from the review authority of the Director, or in the case of public hearings, the Hearings Officer, the Planning Commission or the Board.
(2005 RLDC § 42.020)
§ 19.42.030 Initiation of site plan review.
A.
The following requests shall require a pre-application review for site plan review pursuant to this chapter:
1.
The expansion, alteration or replacement of a use or structure lawfully established prior to being listed as a conditional use, or which was previously approved as a conditional use;
2.
The resumption of conditional use activities within structures that have been destroyed by casualty;
3.
Development permits within any commercial or industrial zone that involve the enlargement of existing structures or the construction of new structures or public facilities;
4.
Permits for the exploration, mining and processing of aggregate or other minerals, including geothermal resources;
5.
Development within a floodway hazard area, or development that requires review of a riparian corridor development mitigation plan required by Chapter 19.72 JCC (Heights, Setbacks and Accessory Structures), an erosion control plan and/or storm drainage facility pursuant to Chapter 19.83 JCC (Erosion Control and Storm Drain Facilities), or development that requires review of a wildfire hazard mitigation plan pursuant to Chapter 19.76 JCC (Wildfire and Emergency Safety Standards) or some other land use approval;
6.
Accessory structures that exceed the cumulative size limits contained in JCC § 19.72.060; and
7.
Any other request when the Director believes the facts and circumstances indicate the more comprehensive review afforded by site plan review is justified.
B.
At the completion of pre-application review, the Planning Director may initiate site plan review when the Director has reason to believe one of the following circumstances may exist:
1.
The development involves the potential for significant impact(s) on surrounding properties, public facilities, or transportation systems, or will adversely affect environmental concerns such as wildfire, flooding, erosion control, or wetland, wildlife habit and watershed preservation, or other similar concerns; or
2.
Review of the application will be enhanced by a thorough factual investigation through interagency and interjurisdictional notice and comment, as well as notice to surrounding landowners.
C.
The action to require site plan review is not a land use decision or a final decision for appeal.
(2005 RLDC § 42.030; Ord. 2006-001 § 1(3))
§ 19.42.040 Site plan review procedures.
A.
In the event the Director determines site plan review is required, and after the application is deemed complete and the application fee paid, the Director shall assign a planner to conduct the site plan review, together with instructions to review for compliance with standards of development only, or to include review for compliance with standards and criteria.
B.
The planner shall conduct a site plan review of the development and submit a report to the Director within 21 days from the date the site review application is deemed complete, subject to the following minimum requirements:
1.
The report shall include a list of recommended conditions for the development, and each condition shall be separately numbered and shall include a citation to the ordinance, statute, rule, resolution, technical manual, policy or other similar documents which support or require the condition; and
2.
All recommended conditions which require the applicant to provide on-site public facilities or to improve existing on-site public facilities, or to transfer land, or an interest therein, to the public, or to make off-site improvements to public land or facilities, or which are required to protect the general public health, safety and welfare, shall be supported by the following additional information in the report:
a.
A description of the legitimate public interest or interests to be advanced by the condition;
b.
A description of how the development will adversely impact such interests; and
c.
Demonstrate how the required condition is reasonably related (roughly proportional) to the protection of such interests.
C.
Upon receipt, the Director shall review the report to determine the conditions which are to be attached to the permit or recommended to the Hearing Body. Any permit issued by the Director which incorporates conditions based upon a review of criteria shall be noticed and processed using quasi-judicial review procedures as set forth in JCC § 19.22.040. The findings shall include the special citations and supporting information required by subsection (B) of this section.
(2005 RLDC § 42.040)
§ 19.42.050 Site review standards and criteria.
Site plans shall be reviewed against, and comply with, the following standards and/or criteria as required by the Director:
A.
Standards.
1.
Development standards contained within this title and all other applicable master plans, rules, resolutions, ordinances, codes, technical manuals and policies of the County or the state or federal governments;
2.
The Josephine County Transportation System Plan, including the official street map;
3.
Standards for construction of required infrastructure and public facilities; and
4.
Adequate access standards contained in JCC § 19.11.030 (see "Adequate Access").
B.
Criteria.
1.
All criteria made applicable by the provisions of Chapter 19.44 JCC (Variances), Chapter 19.69 JCC (Overlays), Division VII (General Development Standards), Division VIII (Public Facility Standards), and Division IX of this title (Special Use Standards);
2.
The location, size, design and operating characteristics of the proposed use will not result in significant impacts on the neighborhood ("significant (adverse) impact" is defined in JCC § 19.11.210);
3.
The use will not exceed the carrying capacity of the land as defined in JCC § 19.11.050;
4.
Existing and proposed infrastructure and public facilities are adequate to serve the proposed development. Pursuant to a requirement contained in the County's transportation systems plan, or any other official document containing County road standards, the Review Body may control the location and number of vehicular access points, establish new streets, increase right-of-way and road width, require curbs, sidewalks and traffic circulation features;
5.
The development is designed so that it coordinates efficiently with surrounding development patterns and existing and planned utilities, facilities and streets in the vicinity;
6.
Any development that includes lands that are subject to flooding, wildfire, or erosion hazards shall present a plan or plans that satisfy the requirements of Chapter 19.69A JCC (Flood Hazard Overlay), Chapter 19.76 JCC (Wildfire and Emergency Safety Standards), and Chapter 19.83 (Erosion Control and Storm Drain Facilities). The approved provisions of the mitigation plan or plans shall become conditions of development for the site.
(2005 RLDC § 42.050; Amended by Planning Director, 10-28-16)
§ 19.42.060 Site plan map requirements.
When site plan review is required by the Director, the applicant shall prepare and submit a site plan map for the entire parcel where the development is proposed to occur. The site plan map shall be drawn to scale and shall show some or all of the following items, as determined in the pre-application review pursuant to Chapter 19.21 JCC.
A.
Location of the parcel by address and Assessor's legal description.
B.
The length of lot lines in feet and parcel size(s) in acres (to tenths).
C.
The scale used to draw the map, a north arrow and the date of preparation.
D.
The location, size, height and dimensions of existing and proposed buildings and structures, including the distances between the buildings and the nearest property line.
E.
A notation describing the existing and proposed uses for the structures shown on the site.
F.
The slopes on the property (by percent of grade), the nature and area of any proposed grading or earth movement, and the features of the proposed erosion control plan, if one is required (see Chapter 19.83 JCC).
G.
The location and conceptual design for storm drainage or detention facilities.
H.
The location of existing and proposed roads or driveways, including the location and width of existing rights-of-way(s) called for in the Josephine County Transportation System Plan, points of entry and exit for motor vehicles, and a description of other existing or proposed uses for streets (e.g., parking, walkways, bike paths, etc.).
I.
The location, dimensions and uses for all existing and proposed easements serving or burdening the parcel.
J.
The location and layout of existing and proposed off-street parking, including the number and dimensions of spaces, the surface material, the internal circulation pattern and loading facilities.
K.
The location and layout of existing and proposed public and private utilities on and adjoining the site, including septic systems.
L.
The location of off-street walkways and bike paths.
M.
The location, height and construction materials of walls and fences.
N.
The location and nature of exterior lighting fixtures, including a depiction or description of the area to be illuminated.
O.
The location, size, height and purpose for existing and proposed exterior notification or advertising signs or structures.
P.
The location and description of receptacles or areas for trash and garbage collection and/or disposal.
Q.
The location of natural or manmade water features, such as springs, rivers, creeks, ponds, lakes, drainageways, irrigation ditches and other similar features.
R.
The location of the 100-year floodplain and floodway lines.
S.
Architectural or engineering data needed to show the criteria or standards of site plan review have been met.
T.
The boundary limits of the phases of development when phased development is proposed.
U.
A depiction or description of adjoining structures and land uses, together with the approximate distances between the subject parcel lines and the adjacent structures or uses.
V.
When an addition or remodel is proposed to an existing structure the site plan map shall indicate the relationship of the proposed addition or remodel to the existing development.
(2005 RLDC § 42.060)
§ 19.42.070 Performance agreement.
The Director or Hearing Body shall require a performance agreement pursuant to Chapter 19.14 JCC for improvements which are to be completed after the issuance of the development permit.
(2005 RLDC § 42.070)
§ 19.43.010 Purpose.
The purpose of the temporary use permit is to provide for certain uses not otherwise allowed by this code in order to meet special nonpermanent needs of the residents of the County. Impacts from temporary uses shall be limited in duration, subject to special standards of approval and review and revocation procedures to assure compatibility with the intent and purpose of the various zoning districts in which they are allowed.
(2005 RLDC § 43.010; Ord. 2018-003 § 1)
§ 19.43.020 Review procedure.
Applications for temporary uses shall be reviewed using ministerial review procedures as set forth in JCC § 19.22.030. However, some mass gatherings and medical hardship dwellings in farm and forest zones require quasi-judicial review procedures under JCC § 19.22.040.
(2005 RLDC § 43.020; Ord. 2018-003 § 1; Ord. 2022-001 § 1)
§ 19.43.030 Permitted temporary uses.
Temporary uses shall be allowed subject to the following standards:
A.
Medical Hardship Dwelling. The Director is authorized to permit a second structure to provide additional living space only on an authorized lot or parcel when it is needed to assist in the care for a dependent person by a care provider. A medical hardship dwelling shall be allowed subject to the following terms and standards:
1.
Terms.
a.
A "dependent person" shall mean any person who suffers from a mental or physical disability so that assistance is needed to establish a noninstitutional residence.
b.
A "care provider" shall mean any person or persons who agree to assist a dependent person in residential living. The care provider may be the owner, a renter or the applicant for the second dwelling. If the care provider or applicant is someone other than the owner, the owner must also be a party to the application.
c.
A "hardship" shall mean a medical hardship or hardship for the care of an aged or infirm person or persons.
2.
Standards.
a.
The dependent person and care provider need not be related by blood or other legal relationship.
b.
The property owner must reside on said property.
c.
The dwelling must be placed upon the property under a placement or building permit from the Building Safety Division, and shall consist of one of the following:
[1]
A manufactured dwelling; or
[2]
A recreational vehicle; or
[3]
An existing site-built structure that will be converted into a dwelling by the addition of kitchen and/or laundry facilities upon approval as a medical hardship dwelling.
d.
The Director shall require a statement from a medical doctor certifying the dependent person suffers from a mental or physical disability and is not capable of maintaining himself/herself in a residence on a separate property, and that this condition otherwise requires dependent care in hospital, nursing home, care home, or facility, by a live-in nurse or companion, or some other comparable circumstance. The statement will be on provider stationery and signed and stamped by the office.
e.
The medical hardship dwelling must be connected to the same subsurface sewage disposal system as the one used by the existing dwelling, provided such connection is permitted by the regulations of the Josephine County on-site program. Any connection must be made under permit from Josephine County on-site program.
f.
The dependent person care shall be provided principally by the care provider. The care provider may employ or arrange for services from others during occasional periods of absence or incapacity.
g.
The medical hardship dwelling shall be placed within close proximity to the existing dwelling.
h.
The Temporary Use Permit for a medical hardship dwelling shall terminate 90 days after the care-giving relationship between the dependent person and the care provider ceases for any reason, or 90 days after the property owner fails to renew the permit as required by JCC § 19.43.040. Medical hardships are not transferable and may not be assumed by new owners.
i.
The property owner shall apply to the Director for a verification of compliance with the removal or conversion requirements of this subsection within 90 days from the date of termination. Failure to apply for a verification of compliance shall be considered a violation of this code and could be subject to disconnection of the serving utilities. Verification of compliance shall include an inspection of the property and/or the hardship structure by a Building Official to verify the existence of one or more of the following circumstances:
[1]
The hardship dwelling has been removed from the property; or
[2]
The hardship dwelling has been converted to an authorized use, subject to the following rules:
[A]
A recreational vehicle may not be converted for use as an accessory structure;
[B]
A manufactured dwelling or converted accessory structure may be remodeled to qualify as some other authorized accessory structure by removal of the kitchen facilities. In determining the extent of remodeling needed to remove the kitchen facilities, the Director shall apply the factors listed in this section.
[C]
Upon verification as provided in this subsection, the Director shall issue a notarized certificate of compliance verifying the property and structures comply with the requirements of this code. The property owner may record the certificate of compliance in the deed records.
B.
Detached Living Space. The Director is authorized to permit a second structure/addition to provide additional living space only on an authorized lot or parcel when it is needed to meet the County housing needs. A detached living space shall be allowed subject to the following terms and standards:
1.
Terms.
a.
A "detached living space" shall mean a temporary single-family structure, which is ancillary to the legal principal dwelling on the lot or parcel, has no dining table or dining room, may have an induction cooking surface, but no wiring for or installation of a conventional oven. The intent of the detached living space is to provide incidental in size, nontransient human shelter and living space. "Tiny homes" on wheels are not considered detached living spaces.
b.
A "detached living space, attached" shall mean a portion of the principal dwelling structure dedicated to, or converted for, use as an accessory single-family living space. Such attached housing is either in the principal dwelling, shares a common wall with the dwelling and has an independent entryway, or is attached to the principal residence by an enclosed passageway.
c.
A "detached living space, detached" shall mean a freestanding ancillary single-family structure either built on site or stick-built elsewhere and moved to its location on a lot or parcel. Camping units, buses, or other vehicles are not considered detached living spaces.
2.
Standards. Detached living spaces located in a UGB shall follow the rules adopted by the city to which the UGB is located, if such rules exist. In the absence of a UGB, or city rules, the following shall apply:
a.
Detached living spaces may be permitted in the rural residential, community residential, limited development, serpentine, exclusive farm and farm resource zones, and the forest commercial and woodlot resource zones.
b.
Detached living spaces are subject to the accessory building size limitations specified in JCC § 19.72.060.
c.
Detached living spaces can only be permitted if it can be demonstrated they will be served by a potable water source and by an existing or new private on-site sanitary waste disposal system or public sewer. Portable toilets are not permitted.
d.
Detached living spaces shall meet Oregon Specialty Codes.
e.
Detached living spaces shall not be rented on a transient or short-term basis.
f.
The area within 100 feet surrounding the detached living space on all sides shall be kept free and clear of junk, waste, or flammable material. (In accordance with Chapter 19.76 JCC, Wildfire and Emergency Safety Standards.)
g.
Number of Units.
[1]
A maximum of one detached living space is allowed per lot or parcel.
[2]
A detached living space is not allowed if it would result in being the third or more dwelling unit, or third or more unit with sleeping accommodations, on the lot or parcel.
h.
Size.
[1]
Detached living spaces, detached, shall not exceed 900 square feet.
[2]
Detached living spaces, attached, shall not exceed 900 square feet and/or not exceed 50 percent of the floor area of the principal single-family dwelling structure of which it is a part (whichever dimension is smaller).
i.
Setbacks.
[1]
Detached living spaces shall meet the same setbacks as required for a new dwelling in the zoning district in which it is located.
[2]
Detached living spaces shall be located within 100 feet of the principal single-family dwelling. If the applicant is able to provide a new fuel break for the structure, in accordance with Chapter 19.76 JCC, the unit may be allowed within 150 feet of the principal dwelling.
[3]
No portion of an existing building that encroaches within a required yard setback may be converted to or used as a detached living space.
j.
No new road access shall be allowed to serve the detached living space.
k.
All development shall comply with the other applicable regulations outlined in the RLDC.
l.
Prior to the issuance of any development permit, a deed restriction shall be filed with the Josephine County Clerk stipulating the detached living space is not and cannot be used as an independent dwelling unit.
m.
Permit Required. All detached living spaces must be processed per JCC § 19.43.020. After initial review, a development permit is required to authorize development.
n.
When the detached living space is no longer utilized for its authorized purpose, it shall be removed from the property or converted to storage. A development permit shall be required for the change of use.
C.
Mass Gathering. The Director is authorized to permit a mass gathering in any zoning district subject to the following review procedures:
1.
Mass gatherings (small) for events between 100 and 500 persons requires ministerial review and the issuance of a development permit per JCC § 19.22.030 and § 19.41.020. A mass gathering application under this event size must be submitted 30 days prior to the event and must be accompanied by a traffic circulation plan (per Public Works); otherwise, the request cannot be accepted.
2.
Mass gathering (medium) for events between 501 and 3,000 persons requires quasi-judicial review and the issuance of a development permit per JCC § 19.22.040 and § 19.41.020. The Director will be the review body for these applications per JCC § 19.22.040(C). The underlying zone may require additional review procedures as applicable. A mass gathering application under this event size must be submitted 180 days prior to the event; otherwise, the request cannot be accepted.
3.
Mass gathering (large) for events more than 3,000 persons or are anticipated to last more than 120 hours in any three-month period requires quasi-judicial review and the issuance of a development permit per JCC § 19.22.040 and § 19.41.020. The Planning Commission will be the review body for these applications per ORS 433.763 and JCC 19.22.040(D). The application is subject to the requirements under ORS 433.763 and any applicable requirements in the underlying zone. A mass gathering application under this event size must be submitted 180 days prior to the event; otherwise, the request cannot be accepted.
4.
All mass gatherings are subject to the following review standards unless waived or changed by the review body:
a.
A mass gathering shall be limited to no more than four calendar days in duration for each permit, exclusive of setup, teardown and cleanup;
b.
A curfew for all activities associated with a mass gathering shall be in effect from the hours of 10:00 p.m. to 8:00 a.m.;
c.
No site or event shall be approved for more than four gatherings within any 12-month period;
d.
A permit shall not be issued prior to the Director obtaining written authorization from each of the following departments or agencies:
[1]
Josephine County Sheriff's Department;
[2]
Josephine County Public Health Department;
[3]
Josephine County Building Safety Division;
[4]
Josephine County Public Works and/or Oregon Department of Transportation as applicable; and
[5]
All fire agencies having jurisdiction or concern over the site or neighboring lands (the Director is authorized to identify the appropriate departments, districts or companies).
[6]
The applicant shall provide a certificate of insurance (absolving the County from any liability) for the event. ORS. 433.755.
D.
Temporary Storage of Unoccupied Manufactured Dwelling. A manufactured dwelling may be stored on a parcel already developed with a dwelling subject to the following standards:
1.
The storage is for a period of time less than six months;
2.
The permit is issued to the property owner only;
3.
The manufactured dwelling is not occupied or connected to any utility service, including a sewage disposal system;
4.
The manufactured dwelling is placed on the property in a way that meets all setback requirements. In addition, the Director is authorized to specify the siting of the manufactured dwelling to screen it from the view of adjoining properties; and
5.
The Director may renew a development permit for the storage of a manufactured dwelling for one additional six-month period only. This time period may not be further extended by a variance permit.
E.
Roadside Stands. A roadside stand for the sale of food, beverages, produce not grown on the property, or other goods or services may be allowed subject to the following standards:
1.
The stand shall not be located in a public right-of-way unless the applicant submits written authorization from the public agency with authority over the right-of-way;
2.
The stand shall be limited to 120 consecutive days, but may be extended by application for and issuance of a new development permit;
3.
The applicant shall provide off-street parking consistent with Chapter 19.75 JCC; and
4.
Authorization from the County Health Department shall be provided for all food or beverage sales.
(2005 RLDC § 43.030; Ord. 2018-003 § 1; Ord. 2022-001 § 1)
§ 19.43.040 Annual renewal of medical hardships.
A decision to renew a temporary use permit for a medical hardship dwelling shall be processed using ministerial review procedures as set forth in Chapter 19.22 JCC. Annual renewals shall be governed by the following standards:
A.
Annual renewals shall occur as close as practical to one calendar year from the date of issuance of the permit, but the Director is authorized to collect and process renewals in groups or by calendar quarters, as may be convenient.
B.
An application for renewal of a medical hardship dwelling, at a minimum, must be accompanied by the prescribed fee, a renewal statement signed and stamped from a medical doctor certifying continuance of the incapacity, and a written acknowledgment from the Josephine County on-site program stating the dwelling continues to be served by an authorized sewage disposal system.
(Ord. 2022-001 § 1)
§ 19.44.010 Purpose.
A variance is an authorized departure from a dimensional standard contained in this title. Variances are intended to allow controlled exceptions to the requirements of this title when strict administration of dimensional standards for development will result in an unnecessary hardship to the property owner arising from circumstances inherent in the property to be developed. Use variances shall not be permitted.
(2005 RLDC § 44.010)
§ 19.44.020 Review procedure.
Requests for variances shall be processed using quasi-judicial review procedures as set forth in Chapter 19.22 JCC.
(2005 RLDC § 44.020)
§ 19.44.030 Review criteria.
Applications for variances shall comply with the following criteria:
A.
The reason for the variance arises from one or more special conditions or circumstances related to the property to be developed, such as lot size or shape, topography, the location of existing structures or facilities, vegetation, the presence of development restrictions (wildlife habitat, wetlands, special setbacks, etc.) or hazardous conditions (erosion, fire, flooding, etc.), or some other similar condition or circumstance.
B.
Strict adherence to the development standard(s) will result in a hardship to the property owner by substantially preventing or denying a development option contemplated by the applicable zoning district. The hardship shall not be self-imposed, but adverse economic or financial consequences may be used to support the hardship as long as the consequences result from a condition in the land, as described in subsection (A) of this section.
C.
The approved variance will result in the minimum departure from the development standard(s) needed to alleviate the hardship.
D.
The location, size, design and use of the proposed structure or facility will not result in a significant impact(s) on the neighborhood that cannot be reasonably mitigated through the imposition of special conditions of approval by the Review Body.
(2005 RLDC § 44.030)
§ 19.44.040 Performance agreement.
The Director or Hearing Body shall require a performance agreement pursuant to Chapter 19.14 JCC for improvements which are to be completed after the issuance of the development permit.
(2005 RLDC § 44.040)
§ 19.45.010 Purpose.
Conditional uses are land uses that involve significant benefits to the community and individual property owners, and are intended to allow important options for land use development within the various zones. It is also recognized that conditional uses may result in adverse impacts on nearby properties, as well as on existing public facilities, unless special precautions are taken in the issuance of permits. This chapter is intended to meet this concern by providing comprehensive review criteria and procedures designed to assure conditional uses will be compatible with the neighborhood and are supported by adequate public infrastructure and facilities. It is therefore the policy of this title to permit conditional uses when significant impacts can be adequately mitigated through conditions of approval. Conditional use permits run with the land and the rights and obligations afforded by the permit may be assumed by new owners.
(2005 RLDC § 45.010)
§ 19.45.020 Review procedure.
A.
Applications for new conditional use permits shall be processed using quasi-judicial review procedures as set forth in Chapter 19.22 JCC. All applications for new conditional uses shall include a site plan meeting the drawing and information requirements of JCC § 19.42.060. Site plan review may be required per JCC § 19.22.040(B)(3).
B.
Applications for the expansion, alteration or replacement of a use or structure lawfully established prior to being listed as a conditional use, or which was previously approved as a conditional use, shall be subject to pre-application review for site plan review pursuant to JCC § 19.42.030 (Initiation of site plan review).
(2005 RLDC § 45.020)
§ 19.45.030 Review standards and criteria.
Conditional use permit requests shall comply with the following standards and criteria:
A.
Standards.
1.
Development standards contained within this title and all other applicable master plans, rules, resolutions, ordinances, codes, technical manuals and policies of the County or the state or federal governments;
2.
The Josephine County Transportation System Plan, including the official street map;
3.
Standards for construction of required infrastructure and public facilities; and
4.
Access standards contained in JCC § 19.11.030.
B.
Criteria.
1.
All criteria made applicable by the provisions of Chapter 19.69 JCC (Overlays), Division VII of this title (General Development Standards), Division VIII of this title (Public Facility Standards), and Division IX of this title (Special Use Standards);
2.
The location, size, design and operating characteristics of the proposed use will not result in significant impacts on the neighborhood ("Significant (Adverse) Impact" is defined in JCC § 19.11.210);
3.
The use will not exceed the carrying capacity of the land as defined in JCC § 19.11.050;
4.
Existing and proposed infrastructure and public facilities are adequate to serve the proposed development. Pursuant to a requirement contained in the County's transportation systems plan, or any other official document containing County road standards, the Review Body may control the location and number of vehicular access points, establish new streets, increase right-of-way and road width, require curbs, sidewalks and traffic circulation features;
5.
The development is designed so that it coordinates efficiently with surrounding development patterns and existing and planned utilities, facilities and streets in the vicinity;
6.
Any development that includes lands that are subject to flooding, wildfire, or erosion hazards shall present a plan or plans that satisfy the requirements of Chapter 19.69A JCC (Flood Hazard Overlay), Chapter 19.76 JCC (Wildfire and Emergency Safety Standards), and Chapter 19.83 JCC (Erosion Control and Storm Drain Facilities). The approved provisions of the mitigation plan or plans shall become conditions of development for the site.
(2005 RLDC § 45.030; Amended by Planning Director, 10-28-16)
§ 19.45.040 Performance agreement.
The Director or Hearing Body shall require a performance agreement pursuant to Chapter 19.14 JCC for improvements which are to be completed after the issuance of the development permit.
(2005 RLDC § 45.040)
§ 19.46.010 Purpose.
The purpose of this chapter is to implement the procedures and criteria for amending any element of the comprehensive plan pursuant to the requirements of Goal 11 of the County's goals and policies.
(2005 RLDC § 46.010)
§ 19.46.020 Review procedure.
A.
Applications to amend any element of the comprehensive plan shall be processed using Planning Commission review procedures (Chapter 19.24 JCC) and/or Board of Commissioners review procedures (Chapter 19.25 JCC).
B.
Applications to amend any element of the comprehensive plan shall be reviewed and decided as follows.
1.
Review Authority of the Planning Commission. The Planning Commission shall review all applications to amend any element of the comprehensive plan. Planning Commission reviews shall be subject to the following rules:
a.
The Planning Commission shall make the final decision on applications to amend any element of the comprehensive plan unless the applications involve an exception to statewide planning goals or involve lands designated as agricultural or forest lands under a statewide planning goal.
b.
The final decision shall be in the form of written findings that explain the standards and criteria considered relevant to the decision, state the facts relied upon in rendering the decision and explain the justification for the decision based on the applicable standards and criteria, and shall be accompanied by a recommended ordinance.
c.
Final decisions of the Planning Commission may be appealed on the record to the Board as provided in Chapter 19.33 JCC.
d.
Applications involving exceptions or agricultural or forest lands shall be reviewed by the Planning Commission in a public hearing. At the conclusion of the hearing the Planning Commission shall deliberate and make a recommended decision to the Board.
e.
All Planning Commission hearings shall conform to the notice and hearing rules as set forth in Division III of this title.
f.
Final authority of the Planning Commission to act upon plan amendments is for appeal purposes only, and does not include the authority to implement changes by ordinance.
2.
Review Authority of the Board. The Board's authority to review actions by the Planning Commission to adopt, amend or repeal any part of the comprehensive plan shall be subject to the following rules:
a.
Where the Planning Commission makes a recommended decision to the Board pursuant to subsection (B)(1)(d) of this section, the Board shall conduct a full de novo hearing regarding the application. The Board's hearing shall conform to the notice and hearing rules as set forth in Division III of this title, and any other applicable state law or rule.
b.
This policy shall not prevent or limit the Board's authority to initiate a hearing to review any Planning Commission action regarding the comprehensive plan pursuant to provisions of this title.
c.
The Board shall have sole authority to implement changes to the County's comprehensive plan by ordinance.
(2005 RLDC § 46.020)
§ 19.46.030 Plan amendment application requirements.
A.
Applications to amend the text or maps of the comprehensive plan may be initiated by the Board, the Planning Commission, the Planning Director, interested agencies or individuals.
B.
All applications shall be submitted on forms provided by the Planning Director and shall be accompanied by required application fees; however, requests initiated by the Board, the Planning Commission or the Planning Director shall not require fees.
C.
At a minimum the application shall:
1.
Identify the specific policy, inventory, map, plan or ordinance sought to be changed;
2.
Explain why the change is being requested (change in circumstances, new or different information, revise incorrect or incomplete information contained in previous efforts, etc.);
3.
Include the exact language required to accomplish the proposed change in the text; or, in the case of a map amendment, include a scaled zoning map precisely identifying the area and designations to be changed;
4.
Include a list of all state and local goals, together with a written explanation stating why the goals do or do not apply, and if the applicant believes one or more of the goals apply, how the proposed application is consistent with the requirements of the applicable goal or goals. The Planning Director or Review Body may specify different state and County goals as applicable to the application.
5.
In the event the proposed change relates to an inventory, database, plan or ordinance, the application shall include the scientific and technical data, reports or other evidence prepared by an expert in that field necessary to support the change. It shall be the function of the Review Body to determine, based upon substantial evidence in the record, whether the particular training and experience of a witness qualifies the witness to testify as an expert. Specifically:
a.
More detailed soil data may be utilized to define classifications or characteristics of soils contained in the County's database, provided the data is credible and attested by a certified soil scientist; and
b.
In the case of a change to a Goal 5 inventory, the application shall be accompanied by evidence demonstrating compliance with OAR Chapter 660, Division 23, as amended, which may include one or more economic, social, environmental and energy (ESEE) analyses.
6.
In the event the proposed change relates to a map amendment, the application shall contain detailed evidence and other documentation showing how the request meets the criteria contained in JCC § 19.46.050.
(2005 RLDC § 46.030)
§ 19.46.040 Plan amendment review criteria.
A.
Amendments to a plan and zone map shall demonstrate compliance with all applicable statewide and County goals and policies.
B.
Requests involving changes for lands from a resource designation to a nonresource designation shall either comply with statewide exception criteria contained in ORS 197.732, and as implemented in OAR Chapter 660-004 or demonstrate the land is nonresource pursuant to the criteria contained in JCC § 19.46.050.
C.
Requests involving changes to the plan and/or zone maps shall demonstrate the land has adequate carrying capacity to support the densities and types of uses allowed by the proposed plan and zone designations. The adequacy of carrying capacity, at a minimum, shall be evaluated using the criteria listed below. The criteria are to be considered together to determine whether the geography of the land is suited to support the kind of development associated with the proposed designations. With the exception of subsection (C)(1) of this section, the application of any one criterion is not intended to be determinative of carrying capacity alone, unless the Review Body finds the importance of a specific benefit or detriment associated with the criterion overrides the consideration of other criteria. Nevertheless, in order to determine the adequacy of carrying capacity, the analysis must consider and address all of the listed criteria in relationship to one another. Sites may be altered to achieve adequate carrying capacity, but as alterations become more extensive, technical or difficult to perform or maintain, the greater the burden of proof shall be on the applicant to demonstrate compliance with the following criteria:
1.
The proposed density and types of uses can be supported by the facility, service and other applicable development standards contained in this title or contained in other applicable federal, state and local rules and regulations governing such densities and types of uses;
2.
Other physical characteristics of the land and surrounding area make the land suitable for the proposed density and types of uses, to include consideration of existing or potential hazards (flood, wildfire, erosion), the degree of slopes, the presence of wetlands, geologic formations, mineral deposits and any other similar natural or manmade conditions or circumstances;
3.
The land in its natural state accommodates the proposed uses and densities, or special alterations or mitigation plans can make the land achieve the carrying capacity described under subsections (C)(1) and (2) of this section;
4.
Development pursuant to the proposed uses or densities will not significantly increase the risk from hazards to the residents of the development, the area or the general public;
5.
Features of the development will not result in future maintenance costs to the public for the infrastructure needed to serve the development and the area that are atypically higher than expenses for other developments in the same plan and zone designations (examples of infrastructure include streets, bridges, storm drain facilities, erosion and sediment control facilities, and other similar public infrastructure facilities); and
6.
Special circumstances exist at or near the site that justify increased risks, expensive or complex mitigation plans, or higher infrastructure costs to the public from the development. This criterion can be used to consider specific community needs that have arisen within the area since the existing zoning was implemented at the site. Examples of circumstances which might support the application of this criterion are changes in demographics; the location or discovery of unique natural resources; changes in infrastructure that are intended to support and encourage the kinds of development associated with the request; the development of rural communities; and any other circumstance that establishes a special need or benefit to the community that justifies increased risks and costs. This criterion shall not be used to modify the requirements of subsection (C)(1) of this section.
D.
The density and types of uses authorized by the proposed plan and zoning designations are appropriate based on the requirements of subsections (D)(1) and (2) of this section:
1.
The change in designations at the location is consistent with the character of the surrounding area. Consistency shall be demonstrated by a detailed review of the relationship between the area covered by the proposed change in designations and the surrounding area, subject to the following rules.
a.
The detailed review shall describe the similarities or dissimilarities between the area of proposed change and the surrounding area based upon parcel size and ownership patterns,[1] zoning, existing or authorized land uses and structures, public facilities and services, and natural or man-made features.[2]
[1]
Evidence regarding changes in parcel size and ownership patterns shall, at a minimum, consider the circumstances of the parcelization and ownership patterns lawfully existing within the area of study. Review of parcelization patterns shall not only include the number and size of the parcels, but the relationship of the parcels to the total acreage within the study area, together with the potential for additional parcelization pursuant to existing zoning. In order for parcels to be counted in a parcelization analysis, the parcels must be authorized lots or parcels as defined by JCC § 19.11.140.
[2]
Natural or manmade features may include watercourses, wetlands, watersheds, ridges, valleys, roads, rights-of-way, easements, political or service boundaries and other similar features. The study must identify and explain how these features operate to join or disjoin the area being changed from surrounding lands.
b.
The detailed review shall include a written statement explaining the rationale used to include or exclude areas from study, and be supported by zoning maps, aerial photographs, contour maps, and any other public or private records, statistics or other documents necessary or helpful to establish the character of the area and show how the change will be consistent.
2.
Demonstrate how the introduction of inconsistent density or uses into an area is justified. This demonstration may be based upon changes in the area resulting from rezonings, new residential, commercial, industrial or resource development, the introduction or improvement of public facilities and services, changes in demographics, changes in plan inventories, and other similar circumstances. The application shall show how the proposed change in designations, in the context of the foregoing circumstances, implements applicable state and/or County goals and policies. The more the change introduces inconsistent densities and uses into an area, the greater the burden on the applicant to justify the basis for the change.
E.
Requests involving changes to the plan and/or zone maps within established exception areas shall demonstrate the change complies with the criteria contained in OAR 660-004-0018 governing plan and zone changes within exception areas.
(2005 RLDC § 46.040)
§ 19.46.050 Nonresource land criteria.
Authorized lots or parcels (but not portions thereof) which have been zoned woodlot resource or farm resource may be designated as nonresource when the application demonstrates compliance with the following criteria and rules:
A.
The land within the lot or parcel is nonfarm land because:
1.
The predominant (greater than 50 percent) soil or soils are rated Class V or above in the soil survey of Josephine County, as adopted or amended in the plan database (soils having both an irrigated and nonirrigated class rating will be rated based on whether irrigation rights are or are not perfected at the time the application is filed);
2.
The land is otherwise unsuitable for farm use taking into consideration soil fertility, suitability for grazing, climatic conditions, existing and future availability of water for farm irrigation purposes, existing land use patterns, technological and energy inputs required, or accepted farming practices; and
3.
The land is not required to buffer urban growth areas from commercial agricultural operations; and
4.
The land is not necessary to permit farm practices or forest operations to continue or occur on adjacent or nearby resource zoned lands, subject to the rules and procedures as set forth in subsection (C) of this section.
B.
The land within the lot or parcel is nonforest land because:
1.
It is not included within the following definition of forest land:
A lot or parcel is considered forest land when the predominant (more than 50%) soil or soils on the parcel have an internal rate of return of 3.50 or higher (if a single forest-rated soil is present), or composite internal rate of return of 3.50 or higher (if multiple forest-rated soils are present). |
For the purpose of this subsection, any evaluation of the internal rates of return for forest soils shall be made pursuant to the document entitled, "Using The Internal Rate Of Return To Rate Forest Soils For Applications In Land Use Planning" (1985), by Lawrence F. Brown, as amended; or
2.
If a determination cannot be made using the internal rate of return system as described in subsection (B)(1) of this section, the land is shown to be unsuitable for commercial forest uses based upon a combination of proofs, to include (but not limited to) the site index or cubic foot calculations, the testimony of expert witnesses, information contained in scientific studies or reports from public and private sources, historic market data for the relevant timber economy, and any other substantive testimony or evidence regarding the commercial productivity of the subject land, which taken together demonstrate the land is not protected by Statewide Goal 4; and
3.
The land is not necessary to permit farm practices or forest operations to continue or occur on adjacent or nearby resource zoned lands, subject to the rules and procedures as set forth in subsection (C) of this section.[1]
[1]
Only lands zoned in the woodlot resource zone may qualify as nonforest lands (see subsection (B)(3) above). Lands zoned in the forest commercial zone are not eligible for this option. The basis for this distinction lies in the County's ability to ascertain the commercial viability of forest lands based upon the internal rate of return (IRR) system, as it has been applied within the acknowledged plan. The IRR system, in conjunction with the County's further ability to ascertain other locational factors, demonstrates that woodlot resource zoned lands have qualified commercial forest value and are generally situated in proximity to other noncommercial forest or nonresource lands. The County is able to make this finding based upon the GIS mapping and analysis contained in the report, "Locational Factors Affecting Woodlot Resource Lands" by Michael Snider (March 22, 1999). This publication is made a part of the comprehensive plan by this reference.
C.
Land is necessary to permit farm practices or forest operations on adjacent or nearby lands when the land within the lot or parcel provides a special land use benefit, the continuance of which is necessary for the adjacent or nearby practice or operation to continue or occur. The following rules shall apply when evaluating this criterion:
1.
Land use benefits shall include access, water supplies, wind breaks, impact buffering, the minimization of land use conflicts, the preservation and protection of soil, air, water, watershed, and vegetation amenities; and the retention of normally accepted wildfire fighting strategies for adjacent or nearby commercial forest uses.
2.
A land use benefit shall be considered necessary for normal farm practices and forest operations when loss of the benefit will interfere with accepted farm practices or forest operations by significantly impeding or significantly increasing the cost of the practices or operations.
3.
The application shall include a review of the relationship between the lot or parcel under consideration and surrounding farm practices and forest operations. The review shall list and describe existing or potential farm practices and forest operations on adjacent or nearby lands, as well as the general geography and potential land uses on the subject property, and then provide an analysis of how the uses permitted by the proposed nonresource designations may or may not significantly impede or significantly increase the cost of accepted farm practices or forest operations. The review may be based upon data or information from some or all of the following sources: private organizations (commercial timber producers, forestry consultants, woodlot associations, etc.) public agencies that collect and interpret farm practice or forest operation data, such as County offices (Departments of Planning, Assessor and Forestry) state agencies (Departments of Forestry, Agriculture, Revenue and the Oregon State Extension Service), federal agencies (Department of Agriculture/Forest Service, the Bureau of Land Management, the Natural Resources Conservation Service and the Farm Service Agency), and other similar public entities.
4.
In the event a farm or forest operator within the review area contends in the record that the map changes could significantly impede or increase the cost of specific practices or operations, and this contention is based upon records, data and other information in the operator's possession, but unavailable to participants in the hearing from public sources, the Review Body is authorized to require the operator to submit the supporting records, data and other information into the record for examination by the Review Body and other participants.
5.
A lot or parcel shall not be considered necessary to permit farm practices or forest operations on adjacent or nearby lands if the necessary benefit can be preserved through the imposition of special restrictions or conditions on the use of the subject property which reasonably assure continuation of the benefit.
6.
As a condition upon the approval of all plan and map changes from resource to nonresource designations, the property owner shall be required to execute and record in the County deed records a conflict preference covenant, which recognizes the rights of adjacent and nearby resource landowners to conduct normal farm practices and forest operations. The covenant shall provide that all land use conflicts between nonresource uses on the subject property and adjacent or nearby resource operations will be resolved in favor of accepted farm and forest practices and operations.
D.
The land is not other forested lands that maintain soil, air, water and fish and wildlife resources.
E.
If the land is designated as critical deer winter range habitat on the official 1985 deer winter range map, as adopted or amended, then the land shall continue to be subject to the density restriction required by Chapter 19.69B (Deer Overlay) even though the new underlying zone may permit a higher density.
F.
When a request for a plan map amendment qualifies because the land is nonresource pursuant to the criteria contained in this subsection, the zoning may be changed to one of the following zones only: limited development, serpentine or rural residential with a minimum parcel size of five acres or larger. All such applications must also demonstrate compliance with the map amendment procedures and criteria as set forth in Policies 1 and 2.
G.
For the purposes of implementing the provisions of the foregoing rules, the term "significant" shall mean the proposed change is likely to have considerable influence or effect upon the matter being considered, or that the effect or impacts arising from the change will result in important or weighty consequences or risks. The term is intended to guide the Review Body in evaluating the effects certain land use activities may have on other land use activities or on other land use considerations made applicable by these policies or other state or local goals, rules or laws. The Review Body shall judge the use of the term "significant" based on what a reasonable person would consider significant given the facts and circumstances being considered.
(2005 RLDC § 46.050; Ord. 2006-003 § 1(1))
