Josephine County Unincorporated, OR Zoning Ordinance

(Reserved)

§ 19.60.010 Purpose.

The purposes of this division are to establish land use zones required to implement the goals and policies of the Josephine County comprehensive plan, to define the purpose of each zone, and to specify the types of land uses appropriate for each zone. More specifically, the zones are formulated:

To permit orderly and beneficial development, while protecting the character of neighborhoods and communities, and the social and economic stability of the County;

To reconcile discordant land uses by identifying the relationship between compatible uses which minimize land use conflicts;

To support the protection and preservation of the agricultural and silvicultural industry and the natural resources essential to the conduct of those industries;

To support the protection and preservation of the natural and recreational resources while providing for appropriate development;

To provide areas where forestry, agricultural, residential, commercial, and industrial uses may be developed in harmonious patterns and with all the necessities for satisfactory living and working environments; and

To further the goals and policies of the Josephine County comprehensive plan.

(2005 RLDC § 60.010)

§ 19.60.020 List of basic zones.

For the purposes of this title the following zones are established:

ZONE	MAP SYMBOL
Rural Residential – 1 acre	RR-1
Rural Residential – 2.5 acres	RR-2.5
Rural Residential – 5 acres	RR-5
Rural Commercial	RC
Rural Industrial	RI
Exclusive Farm	EF
Farm Resources	FR
Forest Commercial	FC
Woodlot Resources	WR
Aggregate Resource	AR
Mineral and Aggregate Resource	MARZ
Serpentine	S
Limited Development	LD

(2005 RLDC § 60.020; Amended during 7/9/14 codification)

§ 19.60.030 List of overlays.

The overlay is a series of requirements which allow or regulate certain uses, types of land development and land divisions. The overlay is delineated by a special line and/or a special symbol on the map. The overlays used in Josephine County are as follows:

Flood hazard overlay;

Deer overlay;

Wild and scenic rivers overlay;

Airport overlay; and

Water hazard overlay.

(2005 RLDC § 60.030)

§ 19.60.040 Applicability of zone.

The regulations, uses, and requirements which follow shall apply to all lands as zoned on the official zoning map for Josephine County under that zoning designation. A use or structure which does not conform to these regulations and which lawfully existed at the time of adoption or amendment of this title may be continued subject to the requirements of Chapter 19.13 JCC, Nonconforming Lots, Uses and Structures.

Structures erected, altered, enlarged or moved, and land used or divided in any zone described in this title, shall comply with provisions of this title. Permits shall be issued pursuant to Chapter 19.41 JCC, Administration of Permits.

(2005 RLDC § 60.040)

§ 19.60.050 Multiple zoned lots or parcels.

Whenever a lot or parcel has more than one zone, only one use shall be allowed on the entire parcel and the use shall be confined to only that portion of the property in which the zone allows such use.

When a lot or parcel is divided by an existing zone boundary, it may be divided along the zone boundary even though the resulting lots or parcels fail to meet the minimum lot size and dimension standards required by this title. This rule shall not apply when the lot or parcel is comprised of farm and forest zoned lands only, in which case the resulting new lots or parcels must meet the minimum parcel size requirements for the resulting areas covered by the applicable farm or forest zones. In all cases, the frontage and access requirements contained in this title shall be met, and the land division shall otherwise comply with all procedures, standards and criteria made applicable by the requirements of Division V of this title, Land Divisions.

(2005 RLDC § 60.050)

§ 19.60.060 Similar uses.

The Planning Director may rule that an unlisted use is allowed within a zone if the following criteria are met:

The proposed use is not listed as a use (permitted, conditional use or temporary use) in any other zone;

The proposed use is similar to one or more listed uses. Uses are similar if their general activities are alike and the resulting impacts are similar in type and intensity; and

The request for a similar use is part of a specific development proposal for the zone.

The Planning Director shall review the similar use request as part of the specific development proposal which gives rise to it. If the development proposal includes more than one type of application, the highest level of review shall be used for all the applications including the proposed similar use. The similar use shall not be processed using a different type of review procedure than that required for the application package.

(2005 RLDC § 60.060)

§ 19.60.070 Policies and levels of service.

The following table shall apply to the levels of service for public facilities for all land use actions:

Comprehensive Plan and Zone Designations	Comprehensive Plan Goals and Policies	Public Facilities*
Urban Growth Boundary	I 1; III 6; IV 4, 7, 8, 9, 10; V 2; VII 1, 2; VIII 3	1, 2, 3, 4, 5, 6a, 6b
AG/Exclusive Farm	I 1, 2, 3, 4, 5, 6; III 1, 6; VII 1, 2, 3; VIII 1, 2	1, 2, 3, 6a
AG/Farm Resource	I 1, 2, 3, 4, 5, 6; III 1, 6; VII 1, 2, 3; VIII 1, 2	1, 2, 3, 6a
F/Forest Commercial	II 1, 2a, 2b, 2c, 3a, 3b, 3c, 4, 5, 6; III 1; VII 1, 2, 3, 4; IX 2	1, 2, 3, 6a
F/Woodlot Resource	II 1, 2a, 2b, 2c, 4, 5, 6; III 1; VII 1, 2, 3, 4; IX 2	1, 2, 3, 6a
AR/Aggregate Resource	VII 1, 4, 5; VIII 1, 2	1, 2, 3, 6a
S/Serpentine	II 7; VII 1; VIII 1, 2	1, 2, 3, 6a
R/Rural Residential	III 1, 3a, 3b, 3c, 3d, 4, 5, 6; IV 3; V 5; VI 3; VII 1; VIII 1, 2	1, 2, 3, 6a (4 and 5 in the sewer trans. line; water problem areas)
C/Rural Commercial	IV 1, 5; V 1, 2, 5; VII 1, 2, 7; VIII 1, 2	1, 2, 3, 6a
I/Rural Industrial	IV 1, 5; V 1, 2, 5; VII 1, 2, 3, 5; VIII 1, 2	1, 2, 3, 4 or 5, 6a
Wilderness Area	IV 9; VII 1, 6
Airport Hazard	IV 5; V 3
Flood Hazard	VI 1; VII 1, 4; VIII 1
Scenic Waterway	III 7; IV 9; VII 6, 7

Notes:

* 1. Sheriff; 2. Rural fire protection; 3. Public school; 4. Public water system; 5. Public sanitary sewer system; 6. Transportation: a. Rural road standards, b. Urban road standards.

(2005 RLDC § 60.070)

§ 19.61.010 Purpose.

The purpose of this zone is to preserve the rural character of Josephine County while providing areas for rural residential living. This zone provides a classification for lands already committed to residential development, or for lands which have been excepted from the statewide planning goals on agriculture and forest lands. Densities established by this zone for developing areas are intended to ensure that development does not exceed the carrying capacity of the land to support sewage disposal systems, consumptive groundwater withdrawal, and environmental quality.

(2005 RLDC § 61.010; Ord. 2018-003 § 1)

§ 19.61.020 Permitted uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC). All uses shall also meet the applicable development standards listed in JCC § 19.61.060. In all cases, a development permit (Chapter 19.41 JCC) is required as final permit approval.

Accessory buildings, including private garage or carport, greenhouse, stable, barn, pen, coop, or other similar buildings normally required in connection with a use specified in this section and subject to the provisions of JCC § 19.61.050, § 19.61.060 and § 19.72.060, provided a single-family dwelling is on the lot or parcel.

Accessory dwelling unit (ADU) as defined in JCC § 19.11.030, subject to the following standards:

The lot or parcel for the ADU is at least two acres in size and not located within an urban reserve as mapped in the County's GIS system;

One single-family dwelling is sited on the lot or parcel and the dwelling is not subject to an order declaring a nuisance or subject to any pending action under ORS 105.550 to 105.600;

The ADU shall comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment;

The ADU is limited to 900 square feet in floor area and shall be located no more than 100 feet from the existing single-family dwelling;

The lot or parcel for the ADU is not restricted by the State Water Resources Commission for watering any lawn or noncommercial garden not exceeding one-half acre in area or single or group domestic purposes in an amount not exceeding 15,000 gallons a day.

Provide proof of service by a fire protection service provider with professionals who have received training or certification described in ORS 181A.410, as required by ORS 215.495.

The ADU shall comply with all standards listed for a new dwelling under Chapter 19.76 JCC, Wildfire and Emergency Safety Standards, to include but not limited to:

Show vegetation mitigation standards on plot plan.

Must comply with Josephine County building safety requirements of R-327, as well as all applicable State Specialty Codes.

Show compliance with driveway access standards including a safe evacuation route and staged evacuation area.

Provide proof of approved domestic water supply by Oregon Department of Water Resources.

The ADU may not be used for vacation occupancy as defined in ORS 90.100.

Only one ADU is allowed on any lot or parcel.

10.

The County may not approve a subdivision, partition or other division of the lot or parcel so that the existing single-family dwelling is situated on a different lot or parcel than the ADU.

Agriculture, farming and farm use as defined in JCC § 19.11.030, subject to the standards provided in JCC § 19.61.050 and § 19.61.060, and also subject to the further limitations that all products must be produced on the property. Commercial feed lots, indoor and outdoor marijuana production, processing, wholesaling, retailing, research, as well as any buildings, structures or facilities directly associated with these uses, are prohibited. This section does not intend to regulate marijuana grown for personal use up to the limits provided for under Oregon law.

Conversion of historic home to accessory dwelling unit (ADU), subject to the following standards:

The lot or parcel for the ADU is at least two acres in size and not located within an urban reserve as mapped in the County's GIS system.

A historic home as defined in JCC § 19.11.100 is sited on the lot or parcel.

The owner converts the historic home to an ADU upon completion of a new single-family dwelling; and

The ADU shall comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment.

The ADU shall not be more than 120 percent of the historic home's square footage at the time construction of the new single-family dwelling commenced.

The owner/applicant may not alter, renovate, or remodel the ADU so that the square footage is more than 120 percent of the historic home's square footage at the time of construction of the new single-family dwelling.

The owner/applicant may not rebuild the ADU if the structure is lost to fire.

The owner may not construct an additional ADU on the same lot or parcel.

The County may not approve a subdivision, partition or other division of the lot or parcel so that the new single-family dwelling is situated on a different lot or parcel than the ADU.

Except as provided by this section, marijuana business uses and structures in existence as of the effective date of the ordinance codified in this section which are nonconforming as to use or development standards of this chapter shall be subject to the provisions of Chapter 19.13 JCC, Nonconforming Lots, Uses and Structures. A marijuana business for which a license has been issued by OLCC, a marijuana compliance certificate has been issued, and a determination of nonconforming use has been issued as of the date of the ordinance codified in this section shall be allowed to continue, subject to all applicable JCC standards.

Family day-care dwelling for fewer than 16 children, including children of the care provider, regardless of full-time or part-time status.

Farm and forest products stands limited to products produced on the land.

Forest management, production and harvesting of timber resources, as defined in JCC § 19.11.080.

Public road and highway construction and reconstruction projects, to include temporary detours and temporary maintenance and material yards during projects, and permanent weigh stations and rest areas (road and highway projects may include the placement of utility facilities).

Residential care home.

Residential care facility.

Single-family dwelling or manufactured dwelling.

Single-family dwelling for a farm worker and the farm worker's immediate family.

Boarding house.

(2005 RLDC § 61.020; Ord. 2012-003 (Exh. A); amended by Planning Director, 10-28-2016; Ord. 2018-003 § 1; Ord. 2018-005 § 1; Ord. 2022-010 § 1; Ord. 2023-006 § 1; Ord. 2025-003, 11/13/2025)

§ 19.61.030 Conditional uses.

The following uses, with accessory uses, shall be authorized using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for conditional uses (Chapter 19.45 JCC) and site plan review (Chapter 19.42 JCC). All uses shall also meet the applicable development standards listed in JCC § 19.68.050. A development permit (Chapter 19.41 JCC) shall be required as the final permit approval.

Boat landings and docks;

Campgrounds subject to Chapter 19.98 JCC;

Cement and asphalt batching, rock processing and crushing subject to Chapter 19.91 JCC;

Cemeteries;

Churches, except the applicable review standards and criteria are qualified as follows:

Churches shall be allowed the reasonable use of the site for all activities customarily associated with the practices of the religious activity, including worship services, religion classes, weddings, funerals, child-care and meal programs, but not including private or parochial school education for pre-kindergarten through grade 12 or higher education unless the educational uses are authorized separately by other provision contained in this title; and

The Review Body may subject the church uses to reasonable regulations, including site review or design criteria concerning the physical characteristics of the uses only, or may prohibit or restrict the use of the site if it finds the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the uses;

Destination resort subject to Chapter 19.96 JCC;

Exploration, mining and processing of aggregate and other mineral resources subject to Chapter 19.91 JCC;

Type III home occupations, subject to Chapter 19.92 JCC;

Indoor animal husbandry, subject to the following criteria:

Demonstrate that the proposed development will have adequate, sanitary waste disposal facilities, by means of on-site or off-site disposal, or a combination of both which are approved by the Natural Resource Conservation Service and Department of Environmental Quality, and are incorporated in a written animal waste management plan. The standards of the Natural Resource Conservation Service shall include but not be limited to those pertaining to the carrying capacity of the soil in relation to the animal units to be present;

Demonstrate that the use will not impose nuisance conditions upon persons located within the neighborhood;

Reasonable conditions may be imposed in conjunction with the issuance of the conditional use permit, including but not limited to those designed to minimize or eliminate any adverse affects on persons residing or working in the neighborhood arising from the disposal of waste, creation of odor, generation of traffic, and creation of noise;

Use shall be located on a parcel at least five acres in size;

Kennels (conditional use – type 1 fee), subject to the following additional standards:

Demonstrate that the kennel will not create nuisance conditions for adjoining properties due to noise or odor;

Demonstrate that all animals will be confined to the property; and

Demonstrate adequate methods for sanitation and sewage disposal;

Parks, playgrounds and community centers;

Public or private schools;

Public facilities such as water storage reservoirs, pumping or treatment facilities, sewage disposal plants and fire stations;

Real estate tract sales office subject to the following criteria:

The office must be located as part of a residential subdivision or planned unit development and no sales may be made for property other than lots contained within the same residential development;

Upon termination of the sales activity the structure shall be removed or converted to a use permitted by this zone;

Recreational resort subject to Chapter 19.97 JCC;

Residential dormitories or housing in conjunction with public or private schools, conditioned upon, but not limited to, the following criteria:

Demonstrate that the housing is necessary to reduce energy and transportation costs due to the scattered location or distance to students' permanent residences, to provide a residential environment not otherwise available in the community, or to accomplish other purposes consistent with the intent of this title.

Rodeo grounds and golf courses;

Sanitary landfills, and nonhazardous waste disposal site subject to Chapter 19.86 JCC;

Signs as authorized by Chapter 19.74 JCC;

Storage that is open for up to four motor vehicles for noncommercial purposes when parts have not been removed and the vehicles are currently unlicensed; or when the stored vehicles are owned by an individual other than the resident or owner of the property;

Utility and communication facilities including commercial power generation facilities, conditioned upon, but not limited to, the following criteria:

Submission of an acceptable site plan for landscaping and protection of adjoining residential properties;

Demonstration of compliance with applicable state air quality discharge permits.

(2005 RLDC § 61.030; Ord. 2012-003 (Exh. A); Ord. 2022-001 § 1)

§ 19.61.040 Temporary uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), subject to temporary use requirements (Chapter 19.43 JCC). All uses shall meet the applicable development standards listed in JCC § 19.61.060. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.

Mass gathering;

Medical hardship dwelling/detached living space;

Temporary storage of an unoccupied manufactured dwelling.

(2005 RLDC § 61.040; Ord. 2018-003 § 1)

§ 19.61.050 Criteria for farm use.

Farm uses in the rural residential zone shall meet the following provisions:

Farm uses shall not interfere with the use of adjoining residential properties;

All farm animals shall be confined to the property;

Any stall, barn, pig pen, chicken coop or similar structure in which animals are housed, excluding fenced pastures, shall be located no closer than 35 feet from any property line, in addition to the requirements of Chapter 19.72 JCC;

Farm uses shall not constitute a sanitation or health hazard.

(2005 RLDC § 61.050)

§ 19.61.060 Property development standards.

All uses authorized by this chapter are subject to certain additional permit, process and property development standards that are contained elsewhere in this title. The following is a list of chapters that are or may be applicable:

Permit Review Requirements.

Basic review provisions – Chapter 19.20 JCC.

Pre-application review – Chapter 19.21 JCC.

Permit review procedures – Chapter 19.22 JCC.

Basic application requirements – Chapter 19.40 JCC.

Administration of permits – Chapter 19.41 JCC.

Site plan review – Chapter 19.42 JCC.

Temporary uses – Chapter 19.43 JCC.

Variances – Chapter 19.44 JCC.

Conditional uses – Chapter 19.45 JCC.

Property Development Standards.

Minimum lot size – RR-5: 5 acres

RR-2.5: 2.5 acres

RR-1: 2 acres[1]

[1]

Revision note: Per OAR 660-004-0040, Application of Goal 14 (Urbanization) to Rural Lands, the minimum parcel size for new lots or parcels in all rural residential zones is two acres unless an exception is demonstrated for Goal 14 – Urbanization. This rule became effective statewide on October 3, 2000, and any applications submitted after this date to create parcels in the RR-1 zone below two acres in size must be supported by an approved exception. In any event, new lots or parcels cannot be sized less than the one acre minimum specified for lands within the RR-1 zone. In addition, changes in zoning to a higher density, for example, from RR-5 to RR-2.5, must also be supported by an exception to Statewide Goal 14 – Urbanization.

Minimum lot width – RR-5: 300 feet

RR-2.5: 250 feet

RR-1: 150 feet

Minimum setbacks from property lines – Front (30 feet), side (10 feet), rear (25 feet).

Access and transportation – See Chapter 19.81 JCC.

Airport overlay – See Chapter 19.69D JCC.

Archaeological resources – See Chapter 19.93 JCC.

Building size, accessory heights, setbacks, yard dimensions – See Chapter 19.72 JCC.

Erosion, sediment, storm drainage facilities – See Chapter 19.83 JCC.

Fences, wall and screens – See Chapter 19.73 JCC.

10.

Flood hazard overlay – See Chapter 19.69A JCC.

11.

Historic resources – See Chapter 19.94 JCC.

12.

Mineral and aggregate resources – See JCC § 19.72.040(A) and Chapter 19.91 JCC.

13.

Parking – See Chapter 19.75 JCC.

14.

RV parks, lodges and campgrounds – See Chapter 19.98 JCC.

15.

Signs – See Chapter 19.74 JCC.

16.

Solid waste – See Chapter 19.86 JCC.

17.

Stream setbacks – See Chapter 19.72 JCC.

18.

Utilities – See Chapter 19.85 JCC.

19.

Water hazard overlay – See Chapter 19.69E JCC.

20.

Water standards – See Chapter 19.84 JCC.

21.

Wild and scenic rivers overlay – See Chapter 19.69C JCC.

(2005 RLDC § 61.060; Amended by Planning Director, 10-28-2016; Ord. 2018-005 § 1; Ord. 2025-003, 11/13/2025)

§ 19.62.010 Purpose.

The purpose of the rural commercial zone is to provide for small-scale commercial uses that are intended to serve nearby residents and the traveling public in a way that remains rural in character.

(2005 RLDC § 62.010; Ord. 2018-003 § 1)

§ 19.62.020 Permitted uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), unless criteria-based site plan review is required (Chapter 19.42 JCC), in which case uses shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC). Uses shall also meet the applicable development standards listed in JCC § 19.62.050. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.

Commercial – Recreation.

Automobile, go-carts or motorcycle race track.

Guide service.

Marina.

Miniature golf course.

Swimming pool.

Theater.

Workout facility.

Commercial – Traveler Accommodations.

Bed and breakfast inns.

Boarding house.

Campground, retreat center, and conference ground.

Destination resort.

Lodge.

Existing motel.

Recreational resort.

Recreational vehicle park.

Hostel.

10.

Tourist home.

Commercial – General.

Appliance, radio, television and electronics sales and repair.

Automobile and truck repair, service station, car wash.

Automobile sales.

Bank.

Barber, beauty shop.

Bicycle shop.

Book or stationery.

Building materials store to include outdoor storage and sales on a lot that is adjacent and/or across the street from the main store.

Business and office machines and supplies, sales and repair.

10.

Cabinet shop.

11.

Contractor establishments, including retail sales and servicing, for uses such as carpentry, plumbing, sheet metal, blacksmith, electric, pump, welding, septic installation, cleaning and repair, janitorial, furnace and chimney cleaning, masonry, stove, ornamental ironwork, plastering and similar contracting services.

12.

Convenience store.

13.

Dance studio.

14.

Farm equipment and/or implement sales, repair.

15.

Farm or forest product sales stand.

16.

Feed store.

17.

Florist and gift store.

18.

Food service, such as restaurant, lounge, café, coffee kiosk, deli, bakery, catering.

19.

Frozen storage lockers.

20.

Furniture repair and upholstery.

21.

Garden supply store.

22.

General store.

23.

Greenhouse, including wholesale and retail sales.

24.

Grocery store.

25.

Gunsmith.

26.

Hardware and paint store.

27.

Health facilities, such as medical and dental office, physical therapy, masseuse.

28.

Hobby store.

29.

Jewelry store.

30.

Lapidary shop.

31.

Laundry.

32.

Manufactured dwelling, recreational vehicle, automobile retail sales, and repair.

33.

Meat processing and packing, excluding slaughterhouse.

34.

Mini-warehouse which may include quarters.

35.

Music store and/or studio.

36.

Parking facility when operated in conjunction with an authorized use.

37.

Pharmacy.

38.

Photographic equipment store.

39.

Printing and copying services.

40.

Professional office, such as those for real estate sales, insurance, attorney, architect, engineer, planner, physician, accountant, surveyor, psychiatrist, tax consultant, minister, forester, optician, and similar profession.

41.

Rental service store and yard.

42.

Restaurant.

43.

Roofing establishment.

44.

Saw shops, including sales and service.

45.

Septic tank installers.

46.

Service station and automobile or truck repair garage.

47.

Sign painting shop.

48.

Tack and saddlery shop.

49.

Tailor or dressmaker.

50.

Tavern.

51.

Taxidermy.

52.

Tourist-based shops (antique, art and craft studio and sales, art gallery, arcade, souvenir, gift, book, boutique, music, recreational equipment and other similar goods and services).

53.

Towing service with or without an impound yard that is limited to 20 stored vehicles screened from view.

54.

Veterinary hospital or clinic.

55.

Wholesale sales and distribution.

56.

Wildlife park.

Commercial – Institutional and Service.

Ambulance and emergency medical facility.

Church, except the review standards and criteria applicable to a church shall be qualified as follows:

Community building.

Fraternal lodge.

Historical preservation project.

Library or museum.

Police and fire station, post office.

Public or private school, including day-care facility.

Public park or recreation site.

10.

Recycling centers subject to Chapter 19.86 JCC.

11.

Road maintenance shop.

12.

Sewage transfer sites subject to Chapter 19.86 JCC.

13.

Transportation terminal or depot.

14.

Utility facility, including hydroelectric and transmission facility.

Commercial – Care Providers and Dwellings.

Family day-care dwelling for fewer than 13 children, including children of the care provider, regardless of full-time or part-time status.

Manufactured dwelling only shall be allowed when in conjunction with a business located on the same parcel and when occupied by the owner/operator of the business. All services and requirements for both the dwelling and the business shall be located on the same lot. A waiver of remonstrance shall be recorded with the deed which recognizes the right of commercial operations to exist and that the normal conduct of business shall not be considered a nuisance.

Residential care home or residential care facilities.

Single-family and/or manufactured dwelling only when lawfully existing (alteration or replacement only; subject to the time limits contained in JCC § 19.13.030).

Residential occupancy of the business, providing such dwelling is on the same property, and meets the residential occupancy requirements of the building code.

(2005 RLDC § 62.020; Ord. 2012-003 (Exh. A); Ord. 2018-003 § 1)

§ 19.62.030 Conditional uses.

The following uses, with accessory uses, shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for conditional uses (Chapter 19.45 JCC) and site plan review (Chapter 19.42 JCC). Uses shall also meet the applicable development standards listed in JCC § 19.62.050. In all cases, a development permit (Chapter 19.41 JCC) shall be required as the final permit approval.

Sewage treatment plants.

Water treatment plants, water reservoirs.

Transitional housing shelter per JCC § 19.99A.020(B).

(2005 RLDC § 62.030; Ord. 2018-003 § 1)

§ 19.62.040 Temporary uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), subject to temporary use requirements (Chapter 19.43 JCC). Uses shall also meet the applicable development standards listed in JCC § 19.62.050. A development permit (Chapter 19.41 JCC) shall be required as final permit approval.

Temporary roadside stand.

Mass gathering.

(2005 RLDC § 62.040)

§ 19.62.050 Property development standards.

Permit Review Requirements.

Basic review provisions – Chapter 19.20 JCC.

Pre-application review – Chapter 19.21 JCC.

Permit review procedures – Chapter 19.22 JCC.

Basic application requirements – Chapter 19.40 JCC.

Administration of permits – Chapter 19.41 JCC.

Site plan review – Chapter 19.42 JCC.

Temporary uses – Chapter 19.43 JCC.

Variances – Chapter 19.44 JCC.

Conditional uses – Chapter 19.45 JCC.

Property Development Standards.

Minimum lot size – One-half acre; one acre (when dwelling or quarters in conjunction with authorized commercial use).

Setbacks – Front (10 feet), side (10 feet), rear (10 feet).

Access and transportation – See Chapter 19.81 JCC.

Airport overlay – See Chapter 19.69D JCC.

Archaeological resources – See Chapter 19.93 JCC.

Building size, heights, setbacks and yard dimensions and accessory building size limits shall conform to the provisions of Chapter 19.72 JCC.

Buildings, new and expanded, shall be or remain rural in character. Buildings shall be considered rural when they meet one of the following standards:

A new commercial building is less than 3,500 square feet in size; or

A lawfully existing building on a single authorized lot or parcel is expanded and the expansion results in one of the following circumstances:

[1]

The expanded building does not exceed 4,000 square feet in size; or

[2]

The expanded building does not exceed a size that is equivalent to a 50 percent increase of the cumulative size(s) of buildings already lawfully existing on the same authorized lot or parcel; or

The use primarily serves the needs of the nonresident traveling public to specific tourist or recreation destinations outside of urban areas and unincorporated communities; or

The application demonstrates that the proposed use and building(s) are rural in character based upon findings that show compliance with the following requirements:

[1]

The use is located three or more miles from an urban growth boundary, and one or more miles from an unincorporated community;

[2]

The use employs no more than the equivalent of 20 full-time employees at the site;

[3]

The use primarily serves rural markets (i.e., markets that are outside of local urban growth boundaries and local unincorporated communities);

[4]

Public sewer and water facilities are not available to the site, or are not reasonably expected to be extended to the site, from an established urban growth boundary or an established unincorporated community (the Director shall provide land use notice pursuant to JCC § 19.32.030(A) to the planning official for an affected city);

[5]

Traffic generated to and from the site will not exceed the prescribed capacity limits for rural roads serving the proposed use; and

[6]

The Review Body may assure the rural character of uses and structures is achieved and maintained by placing specific limits on the use, such as the number of employees, structure size, traffic generation, parking, kinds of permitted activities.

Buildings for uses listed in JCC § 19.62.020(D) (Commercial – Institutional and Service) and JCC § 19.62.020(E) (Commercial – Care Providers and Dwellings) are not subject to the size and proof requirements of subsection (B)(7)(a) of this section.

Space approved as a dwelling for the business operator shall not be counted against the building size limit in subsections (B)(7)(a) and (b) of this section.

Lawfully existing commercial buildings that exceed the size limit contained in these rules at the time of adoption (and the uses contained within them) shall not be considered nonconforming structures or uses pursuant to Chapter 19.13 JCC (Nonconforming Lots, Uses and Structures).

Deer overlay – See Chapter 19.69B JCC.

Erosion, sediment control, storm drainage facilities – See Chapter 19.83 JCC.

10.

Fences, walls and screens – See Chapter 19.73 JCC.

11.

Flood hazard overlay – See Chapter 19.69A JCC.

12.

Historic resources – See Chapter 19.94 JCC.

13.

Mineral and aggregate resources – See JCC § 19.72.040(A) and Chapter 19.91 JCC.

14.

Parking – See Chapter 19.75 JCC.

15.

RV parks, lodges and campgrounds – Chapter 19.98 JCC.

16.

Signs – See Chapter 19.74 JCC.

17.

Solid waste – See Chapter 19.86 JCC.

18.

Stream setbacks – See Chapter 19.72 JCC.

19.

Utilities – See Chapter 19.85 JCC.

20.

Water hazard overlay – See Chapter 19.69E JCC.

21.

Water standards – See Chapter 19.84 JCC.

22.

Wild and scenic rivers overlay – See Chapter 19.69C JCC.

(2005 RLDC § 62.050)

§ 19.63.010 Purpose.

The rural industrial zone is intended to provide appropriate areas for the development of small scale industrial uses which, by their nature, are essential to a balanced economic base in the County and do not require full urban services. This zone is generally intended to be applied in areas that can provide the limited services necessary or in areas already committed to industrial use.

(2005 RLDC § 63.010; Ord. 2018-003 § 1)

§ 19.63.020 Permitted uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), unless criteria-based site plan review is required (Chapter 19.42 JCC), in which case uses shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC). Uses shall also meet the applicable development standards listed in JCC § 19.63.030. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.

Industrial – Institutional.

Airport and related aviation uses, including hangar and maintenance facilities.

Animal shelter.

Commercial power-generating facility.

Freight, train, bus or taxi terminals.

Public and semi-public building, such as police or fire station, ambulance service, emergency medical facility, library, museum, post office, community building.

Utility structure and yard.

Recycling center, resource recovery facility, sewage disposal plant, pumping or treatment facility, water storage reservoir, sewage transfer site, waste transfer center, subject in part to Chapter 19.86 JCC.

Industrial – Sale and/or Service.

Automobile, truck and heavy equipment sales, parts and accessory stores.

Automobile and truck service stations.

Equipment sales, service, rental or repair.

General laboratories and research facilities.

Heavy equipment and farm implement sales and repair.

Lockers, ice houses and cold storage facilities.

Photographic film processing, photo engraving, photocopying establishments.

Plumbing and sheet metal shops.

Printing, lithographing, blueprinting or publishing and distribution facilities.

10.

Saw shops, including sales and repair.

11.

Scientific research or experimental development of products.

12.

Taxidermy.

13.

Tire store, repair and recapping.

14.

Upholstery, automobile and furniture.

15.

Veterinary clinic and hospital.

Industrial – Repair, Assembly and Manufacturing.

Automotive, truck and heavy equipment garages and repair, including paint and body shops, towing services and impound yard.

Cement and asphalt batching, rock processing and crushing.

Compounding, processing, packaging or treatment of products.

Foundry.

Manufacture of textiles, cloth, or fiber products.

Manufacture, assembly or repair of products

Metal reduction, milling, and refining.

Metal fabrication, welding and repair.

Printing, photocopying, publishing, bindin.g

10.

Processing or packaging of food or drink products.

11.

Smelting.

12.

Wood products manufacturing, including secondary and tertiary processing.

13.

Temporary storage of unoccupied manufactured dwelling.

Industrial – Storage and Distribution.

Agricultural cooperative.

Automobile wrecking yard.

Equipment storage and rental yards.

Food storage and distribution.

Fuel distribution facility.

Mini-storage units with office and/or quarters.

Storage or sale yards for building materials or new and used equipment, contractor's equipment, overnight truck or trailer parking.

Warehousing, receiving and shipping.

Wholesale sales or distribution of equipment or products, which may also include retail sales.

Industrial – Support Services.

Administrative, educational and other related activities and facilities in conjunction with an authorized rural industrial use.

Building maintenance service.

Caretaker or night watchman (quarters or manufactured dwelling); the unit must be related to the business, and the manufactured dwelling must be removed when the business ceases to operate; the resident must be an employee of the business, rent must not be charged and employee status must be documented.

Commercial parking lot.

Restaurant, lounge, food stand, coffee kiosk, food catering.

Tavern.

Transitional housing shelter per JCC § 19.99A.020(B).

Industrial – "Agricultural Enterprise, Commercial" as defined by JCC § 19.11.030.

Agricultural, farming and farm use.

(2005 RLDC § 63.020; Ord. 2016-004 § 1(1); Ord. 2018-003 § 1)

§ 19.63.030 Property development standards.

Permit Review Requirements.

Basic review provisions – Chapter 19.20 JCC.

Pre-application review – Chapter 19.21 JCC.

Permit review procedures – Chapter 19.22 JCC.

Basic application requirements – Chapter 19.40 JCC.

Administration of permits – Chapter 19.41 JCC.

Site plan review – Chapter 19.42 JCC.

Temporary uses – Chapter 19.43 JCC.

Variances – Chapter 19.44 JCC.

Conditional uses – Chapter 19.45 JCC.

Property Development Standards.

Minimum lot size – one-half acre; one acre (when dwelling or quarters in conjunction with authorized industrial use).

Setbacks – Front (10 feet), side (10 feet), rear (10 feet).

Access and transportation – See Chapter 19.81 JCC.

Airport overlay – See Chapter 19.69D JCC.

Archaeological resources – See Chapter 19.93 JCC.

Building size, heights, setbacks and yard dimensions and accessory building size limits shall conform to the provisions of Chapter 19.72 JCC.

Buildings, new and expanded, shall be or remain rural in character. Buildings shall be considered rural when:

New buildings are less than 35,000 square feet in size; or

A lawfully existing building on a single authorized lot or parcel is expanded and the expansion results in one of the following circumstances:

[1]

The expanded building does not exceed 40,000 square feet in size; or

[2]

The expanded building does not exceed the size amount that is equivalent to a 50 percent increase of the cumulative size(s) of buildings already lawfully existing on the same authorized lot or parcel; or

[3]

The application demonstrates that the proposed use and building(s) are rural in character based upon findings that show compliance with the following requirements:

[A]

The use is located three or more miles from an urban growth boundary, and one or more miles from an unincorporated community;

[B]

The use employs no more than the equivalent of 30 full-time employees at the site;

[C]

The use primarily serves rural markets (i.e., markets that are outside of local urban growth boundaries and local unincorporated communities);

[D]

[E]

Traffic generated to and from the site will not exceed the prescribed capacity limits for rural roads serving the proposed use; and

[F]

The Review Body may assure the rural character of uses and buildings is achieved and maintained by placing specific limits on the use, such as the number of employees, structure size, traffic generation, parking, kinds of permitted activities.

Space approved for a caretaker or night watchman shall not be counted against the building size limit set forth in subsections (B)(7)(a) and (b) of this section.

There shall be no floor area limitation for new or expanded industrial uses, including accessory uses subordinate to the industrial development in areas planned and zoned for industrial use on January 1, 2004, where the land is more than three miles outside of the urban growth boundary for the City of Grants Pass, or outside the urban growth boundary for the City of Cave Junction. The County shall provide written notice to the Cities of Grants Pass or Cave Junction for any development proposed pursuant to this section, when the development is within 10 miles of either urban growth boundary. The authority granted in this subsection shall terminate on January 2, 2006, unless extended by Oregon law.

There shall be no floor area limitation for new industrial uses, sited on an abandoned or diminished industrial mill site that was engaged in the processing or manufacturing of wood products, provided the uses will be located only on the portion of the mill site that was zoned for industrial uses on October 28, 1994.

There shall be no building size limitation on new or expanded buildings for uses listed in JCC § 19.63.020(A) (Industrial – Institutional).

There shall be no building size limitation on new or expanded buildings for uses that require proximity to rural resources (examples of such resources include geothermal wells, mineral or aggregate deposits, water reservoirs, natural features, or river ports).

Lawfully existing industrial buildings that exceed the size limits contained in these rules at the time of adoption (and the uses contained within them) shall not be considered nonconforming structures or uses and shall not be subject to the requirements of Chapter 19.13 JCC (Nonconforming Lots, Uses and Structures).

Deer overlay – See Chapter 19.69B JCC.

Erosion, sediment, storm drainage facilities – See Chapter 19.83 JCC.

10.

Fences, walls and screens – See Chapter 19.73 JCC.

11.

Flood hazard overlay – Chapter 19.69A JCC.

12.

Historic resources – Chapter 19.94 JCC.

13.

Mineral and aggregate resources – See JCC § 19.72.040 and Chapter 19.91 JCC.

14.

Parking – See Chapter 19.75 JCC.

15.

RV parks, lodges and campgrounds – See Chapter 19.98 JCC.

16.

Signs – See Chapter 19.74 JCC.

17.

Solid waste – See Chapter 19.86 JCC.

18.

Stream setbacks – See Chapter 19.72 JCC.

19.

Utilities – See Chapter 19.85 JCC.

20.

Water hazard overlay – See Chapter 19.69E JCC.

21.

Water standards – See Chapter 19.84 JCC.

22.

Wild and scenic rivers overlay – See Chapter 19.69C JCC.

(2005 RLDC § 63.050; Amended by Planning Director, 10-28-16)

§ 19.64.010 Purpose.

The purposes of the exclusive farm and farm resource zones (hereinafter called "farm zones") are to preserve agricultural land most appropriate for farm use and to provide beneficial uses for lands not capable of farming without creating conflicts between suburban expansion and farm use. The uses established by this zone are the ones authorized by ORS Chapter 215, and which are acknowledged to be in compliance with the Statewide Planning Goal 3 for agricultural lands which are potentially productive for farm use. The farm zones are intended to guarantee the right to conduct normal farm practices and to facilitate and encourage resource management activities. Normal resource management practices shall not be considered a nuisance in the farm zones or adjacent zones. Nothing in this regulation is intended to interfere with normal resource management practices that might result in conditions such as noise, dust or odor. Residents of the farm zones should recognize that the intent of the farm zones is to protect resource activities, and in the event of a conflict between residential use and resource practices, this title will be interpreted in favor of resource practices.

(2005 RLDC § 64.010)

§ 19.64.020 Outright uses.

The following uses shall be allowed outright on lands in the farm zones. No permit or authorization is required to conduct the uses. Structures placed in conjunction with outright uses (except film sets authorized by subsection (C) of this section) shall be permitted using ministerial review procedures (Chapter 19.22 JCC), be subject to the applicable development standards of JCC § 19.64.095, and require a development permit (Chapter 19.41 JCC) for final permit approval.

Agriculture, farming and farm use, as these uses are defined in JCC § 19.11.030.

Composting facilities that are a "farm use" as defined by OAR 660-033-0027(7).

Filming. On-site filming and activities accessory to on-site filming for 45 days or less as provided for in ORS 215.306.

Forest product propagation or harvesting.

Public roads and highways, the reconstruction or modification thereof, including the placement of utility facilities overhead and in the subsurface of public roads, and highways along the public right-of-way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels result.

Wetlands. The creation, restoration, or enhancement thereof.

(2005 RLDC § 64.020; Ord. 2023-005 § 1)

§ 19.64.030 Permitted uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC). All uses shall also meet the applicable development standards listed in JCC § 19.64.095. In all cases, a development permit (Chapter 19.41 JCC) is required as final permit approval.

Accessory buildings, including private garage or carport, personal use shop, personal storage building, boat landings and docks for personal use or other similar building.

Dwelling replacement for a dwelling listed on the National Register of Historic Places when the landowner signs and records a waiver of claim or cause of action as described in JCC § 19.64.060(B).

Dwelling alteration, restoration or replacement when the dwelling exists and was lawfully established, subject to the following requirements:

The dwelling to be altered, restored, or replaced has, or formerly had, the following features:

Intact exterior walls and roof structure;

Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

Interior wiring for interior lights;

A heating system; and

If the dwelling was removed, destroyed or demolished:

The dwelling's tax lot does not have a lien for delinquent ad valorem taxes; and

Any removal, destruction or demolition occurred on or after January 1, 1973;

[1]

If the dwelling is currently in such a state of disrepair that the dwelling is unsafe for occupancy or constitutes an attractive nuisance, the dwelling's tax lot does not have a lien for delinquent ad valorem taxes; or

[2]

A dwelling not described in subsection (A) or (B) of this section was assessed as a dwelling for purposes of ad valorem taxation:

[A]

For the previous five property tax years; or

[B]

From the time when the dwelling was erected upon or affixed to the land and became subject to assessment as described in ORS 307.010 (definitions of "land" and "real property" for state property tax laws).

For replacement of a lawfully established dwelling under this subsection (C):

The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use:

[1]

Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055; or

[2]

If the dwelling to be replaced is, in the discretion of the Director, in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the Director that is not less than 90 days after the replacement permit is issued;

If a dwelling is removed by moving it off the subject parcel to another location, the applicant must obtain approval from the Director for the new location.

The replacement dwelling:

May be sited on any part of the same lot or parcel.

Must comply with applicable siting standards. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.

As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the County in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the County Community Development Director places a statement of release in the deed records of the County to the effect that the provisions of this section and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling.

The landowner shall sign and record a waiver of claim or cause of action as described in JCC § 19.64.060(B).

The applicant must cause to be recorded in the deed records of the County a statement that the dwelling to be replaced has been removed, demolished, or converted.

A replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.

The siting standards of subsection (C)(7)(b) of this section apply when a dwelling qualifies for replacement because the dwelling:

[1]

Formerly had the features described in subsection (C)(1) of this section;

[2]

Was removed from the tax roll as described in subsection (C)(2) of this section; or

[3]

Had a permit that expired as described under subsection (C)(11)(c) of this section.

The replacement dwelling must be sited on the same lot or parcel:

[1]

Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line, forest boundary or another natural boundary of the lot or parcel; and

[2]

If possible, for the purpose of minimizing the adverse impacts on resource use of land in the area, within a concentration or cluster of structures or within 500 yards of another structure.

Replacement dwellings that currently have the features described in subsection (C)(1) of this section and that have been on the tax roll as described in subsection (C)(2) of this section may be sited on any part of the same lot or parcel.

The Director shall maintain a record of the lots and parcels that do not qualify for the siting of a new dwelling under subsection (C)(7)(b) of this section, including a copy of the deed restrictions filed under subsection (C)(4)(c) of this section.

10.

If an applicant is granted a deferred replacement permit under this section:

The deferred replacement permit:

[1]

Does not expire but the permit becomes void unless the dwelling to be replaced is removed or demolished within three months after the deferred replacement permit is issued; and

[2]

May not be transferred, by sale or otherwise, except by the applicant to the spouse or a child of the applicant.

The replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling.

11.

A replacement dwelling permit that is issued under this subsection (C):

Is a land use decision as defined in ORS 197.015 where the dwelling to be replaced:

[1]

Formerly had the features described in subsection (C)(1) of this section; or

[2]

Was removed from the tax roll as described in subsection (C)(2) of this section;

Is not subject to the time to act limits of ORS 215.417; and

If expired before January 1, 2014, shall be deemed to be valid and effective if, before January 1, 2015, the holder of the permit:

[1]

Removes, demolishes, or converts to an allowable nonresidential use the dwelling to be replaced; and

[2]

Causes to be recorded in the deed records of the County a statement that the dwelling to be replaced has been removed, demolished, or converted.

Irrigation canals, delivery lines and those structures and accessory operational facilities associated with a district as defined in ORS 540.505.

Roads and Highways. Development within roads and highways may occur as follows:

The reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right-of-way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new land parcels would result;

Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed;

Minor betterment of existing public road and highway related facilities such as maintenance yards, weigh stations and rest areas, within right-of-way existing as of July 1, 1987, and contiguous publicly owned property utilized to support the operation and maintenance of public roads and highways;

The creation of traffic lanes used for climbing and passing within a right-of-way existing as of July 1987; and

Transportation improvements on rural lands allowed by and subject to the requirements of OAR 660-012-0065.

Signs, subject to Chapter 19.74 JCC.

Utility facility service lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following:

A public right-of-way;

Land immediately adjacent to a public right-of-way, provided the written consent of all adjacent property owners has been obtained; or

The property to be served by the utility.

(2005 RLDC § 64.030; Ord. 2012-003 (Exh. A); Ord. 2018-003 § 1; Ord. 2023-005 § 1)

§ 19.64.035 Permitted uses subject to standards only.

The following permitted uses shall be allowed using ministerial review procedures (Chapter 19.22 JCC) and site plan review (Chapter 19.42 JCC). Review shall be limited to a determination of compliance with applicable standards of development only. The standards for review shall be those listed in JCC § 19.42.050(A) and those otherwise made applicable by JCC § 19.64.095. As a condition of approval for any use listed in this section, the landowner shall sign and record a waiver of claim or cause of action as described in JCC § 19.64.060(B). In all cases, a development permit (Chapter 19.41 JCC) is required as final permit approval.

Application of reclaimed water, agricultural or industrial process water or biosolids for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed by this chapter, subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under the Oregon Revised Statutes, and other specific operational and process requirements contained in the Oregon Revised Statutes. On-site treatment of septage prior to the land application of biosolids is limited to treatment using treatment facilities transportable by truck trailer, as defined in ORS 801.580, during a period of time within which land application of biosolids is authorized under the license, permit, or other approval.

Agri-tourism and other commercial events or activities that are related to and supportive of agriculture may be established:

A single agri-tourism or other commercial event or activity on a tract in a calendar year that is personal to the applicant and is not transferred by, or transferable with, a conveyance of the tract, if the agri-tourism or other commercial event or activity meets any local standards that apply and:

The agri-tourism or other commercial event or activity is incidental and subordinate to existing farm use on the tract;

The duration of the agri-tourism or other commercial event or activity does not exceed 72 consecutive hours;

The maximum attendance at the agri-tourism or other commercial event or activity does not exceed 500 people;

The maximum number of motor vehicles parked at the site of the agri-tourism or other commercial event or activity does not exceed 250 vehicles;

The agri-tourism or other commercial event or activity complies with the standards described in JCC § 19.64.060(A) and (B);

The agri-tourism or other commercial event or activity occurs outdoors, in temporary structures, or in existing permitted structures, subject to health and fire and life safety requirements; and

The agri-tourism or other commercial event or activity complies with conditions established for:

[1]

Planned hours of operation do not extend before 6:00 a.m. or after 10:00 p.m.

[2]

Adequate off-street parking will be provided pursuant to the requirements in this title.

[3]

Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips.

[4]

All vehicle maneuvering will be conducted on site. No vehicle backing or maneuvering shall occur within adjacent roads, streets or highways.

[5]

No parking is permitted within the right-of-way.

[6]

Approval is required from County Public Works Department of Transportation regarding adequate egress and access. All egress and access points shall be clearly marked.

[7]

Vision clearance areas at street intersections must be clear of obstruction, consistent with the requirements in this title.

[8]

Permit approval is subject to compliance with the established sanitation requirements, the Department of Agriculture requirements, and the development standards of this zone.

In the alternative to subsections (B)(1) and (3) of this section, the county may authorize a single agri-tourism or other commercial event or activity on a tract in a calendar year by an expedited, single-event license that is personal to the applicant and is not transferred by, or transferable with, a conveyance of the tract. A decision concerning an expedited, single-event license is not a land use decision, as defined in ORS 197.015. To approve an expedited, single-event license, the governing body of a county or its designee must determine that the proposed agri-tourism or other commercial event or activity meets any local standards that apply, and the agri-tourism or other commercial event or activity:

Must be incidental and subordinate to existing farm use on the tract;

May not begin before 6:00 a.m. or end after 10:00 p.m.;

May not involve more than 100 attendees or 50 vehicles;

May not include the artificial amplification of music or voices before 8:00 a.m. or after 10:00 p.m.;

May not require or involve the construction or use of a new permanent structure in connection with the agri-tourism or other commercial event or activity;

Must be located on a tract of at least 10 acres unless the owners or residents of adjoining properties consent, in writing, to the location; and

Must comply with applicable health and fire and life safety requirements.

In the alternative to subsections (B)(1) and (2) of this section, the county may authorize up to six agri-tourism or other commercial events or activities on a tract in a calendar year by a limited use permit that is personal to the applicant and is not transferred by, or transferable with, a conveyance of the tract. The agri-tourism or other commercial events or activities must meet any local standards that apply, and the agri-tourism or other commercial events or activities:

Must be incidental and subordinate to existing farm use on the tract;

May not, individually, exceed a duration of 72 consecutive hours;

May not require that a new permanent structure be built, used or occupied in connection with the agri-tourism or other commercial events or activities;

Must comply with the standards described in JCC § 19.64.060(A) and (B);

May not, in combination with other agri-tourism or other commercial events or activities authorized in the area, materially alter the stability of the land use pattern in the area; and

Must comply with conditions established for:

[1]

The types of agri-tourism or other commercial events or activities that are authorized during each calendar year, including the number and duration of the agri-tourism or other commercial events and activities, the anticipated daily attendance and the hours of operation;

[2]

The location of existing structures and the location of proposed temporary structures to be used in connection with the agri-tourism or other commercial events or activities;

[3]

The location of access and egress and parking facilities to be used in connection with the agri-tourism or other commercial events or activities;

[4]

Traffic management, including the projected number of vehicles and any anticipated use of public roads;

[5]

Sanitation and solid waste; and

[6]

Must comply with the requirements of subsection (B)(8) of this section.

A permit authorized by this subsection shall be valid for two calendar years. When considering an application for renewal, the County shall ensure compliance with the provisions of subsection (B)(2) of this section, any local standards that apply and conditions that apply to the permit or to the agri-tourism or other commercial events or activities authorized by the permit.

In addition to subsections (B)(1) through (3) of this section, the County may authorize agri-tourism or other commercial events or activities that occur more frequently or for a longer period or that do not otherwise comply with subsections (B)(1) through (3) of this section if the agri-tourism or other commercial events or activities comply with any local standards that apply and the agri-tourism or other commercial events or activities:

Are incidental and subordinate to existing commercial farm use of the tract and are necessary to support the commercial farm uses or the commercial agricultural enterprises in the area;

Comply with the requirements of subsections (B)(3)(c), (d), (e), and (f) of this section;

Occur on a lot or parcel that complies with the acknowledged minimum lot or parcel size; and

Do not exceed 18 events or activities in a calendar year.

A holder of a permit authorized by a county under subsection (B)(4) of this section must request review of the permit at four-year intervals. Upon receipt of a request for review, the county shall:

Provide public notice and an opportunity for public comment as part of the review process; and

Limit its review to events and activities authorized by the permit, conformance with conditions of approval required by the permit and the standards established by subsection (B)(3) of this section.

Temporary structures established in connection with agri-tourism or other commercial events or activities may be permitted. The temporary structures must be removed at the end of the agri-tourism or other event or activity. Alteration to the land in connection with an agri-tourism or other commercial event or activity including, but not limited to, grading, filling or paving, is not permitted.

The authorizations provided by this section are in addition to other authorizations that may be provided by law, except that "outdoor mass gathering" and "other gathering," as those terms are used in ORS 197.015(10)(d), do not include agri-tourism or other commercial events and activities.

Conditions of Approval. Agri-tourism and other commercial events permitted under subsections (B)(3) and (4) of this section are subject to the following standards and criteria:

A permit application for an agri-tourism or other commercial event or activity shall include the following:

[1]

A description of the type of agri-tourism or commercial events or activities that are proposed, including the number and duration of the events and activities, the anticipated daily attendance and the hours of operation and, for events not held at wineries or cider businesses, how the agri-tourism and other commercial events or activities will be related to and supportive of agriculture and incidental and subordinate to the existing farm use of the tract.

[2]

The types and locations of all existing and proposed temporary structures, access and egress, parking facilities, sanitation and solid waste facilities to be used in connection with the agri-tourism or other commercial events or activities.

[3]

Authorization to allow inspection of the event premises. The applicant shall provide in writing a consent to allow law enforcement, public health and fire control officers and code enforcement staff to come upon the premises for which the permit has been granted for the purposes of inspection and enforcement of the terms and conditions of the permit and the exclusive farm use zone and any other applicable laws or ordinances.

Approval Criteria.

[1]

The area in which the agri-tourism or other commercial events or activities are located shall be set back at least 30 feet from the property line.

[2]

The maximum number of people shall not exceed 500 per calendar day.

[3]

Notification of agri-tourism and other commercial events or activities.

[A]

The property owner shall submit in writing the list of calendar days scheduled for all agri-tourism and other commercial events or activities by April 1st of the subject calendar year or within 30 days of new or renewed permits to the Planning Division within the Community Development Department and a list of all property owners within 500 feet of the subject property, as notarized by a title company.

[B]

The list of calendar dates for all agri-tourism, commercial events and activities may be amended by submitting the amended list to the Department at least 72 hours prior to any change in the date of approved dates.

[C]

If notice pursuant to subsection (B)(8)(b)[3][A] of this section is not provided, the property owner shall provide notice by registered mail to the same list above at least 10 days prior to each agri-tourism and other commercial event or activity.

[D]

The notification shall include a contact person or persons for each agri-tourism and other commercial event or activity who shall be easily accessible and who shall remain on site at all times, including the person(s) contact information.

[4]

Hours of Operation. No agri-tourism and other commercial event or activity may begin before 6:00 a.m. or end after 10:00 p.m.

[5]

Overnight camping is prohibited.

[6]

Consistent with County noise ordinance.

[7]

Transportation Management.

[A]

Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips.

[B]

Driveways extending from paved roads shall have a paved apron, requiring review and approval by the County Road Department.

[C]

The parcel, lot or tract must have direct access from a public road or is accessed by an access easement or private road, whereby all underlying property owners and property owners taking access between the subject property and the public road consent in writing to the use of the road for agri-tourism and other commercial events or activities at the time of initial application.

[D]

Adequate traffic control must be provided by the property owner and must include one traffic control person for each 250 persons expected or reasonably expected to be in attendance at any time. All traffic control personnel shall be certified by the State of Oregon and shall comply with the current edition of the Manual on Uniform Traffic Control Devices.

[E]

Adequate off-street parking will be provided pursuant to provisions of Chapter 19.75 JCC.

[8]

Health and Safety Compliance.

[A]

Sanitation facilities shall include, at a minimum, portable restroom facilities and stand-alone hand washing stations.

[B]

All permanent and temporary structures and facilities are subject to fire, health and life safety requirements, and shall comply with all requirements of the Building Safety Division within the Community Development Department and any other applicable federal, state and local laws.

[C]

Compliance with the requirements of the Building Safety Division within the Community Development Department shall include meeting all building occupancy classification requirements of the State of Oregon adopted building code.

Bottling water, including extraction.

Churches, which may include a parsonage and a cemetery in conjunction with the church subject to the following special standards of approval:

The review body may subject the church uses to reasonable regulations, including site review or design criteria concerning the physical characteristics of the uses only, or may prohibit or restrict the use of the site if it finds the level of service of public facilities, including transportation, water supply, sewer and storm drain systems is not adequate to serve the uses; and

The church must be located more than three miles from an urban growth boundary unless an exception is taken pursuant to OAR Chapter 660, Division 4; and

New churches shall not be authorized on property which is high-value farmland as defined in JCC § 19.11.100; existing facilities may be maintained, enhanced or expanded subject to other requirements of law.

Cider Business (Small). Small wineries and cider businesses are separate uses. The small winery provisions and standards of subsection (V) of this section may not be applied to a cider business, nor may the provisions and standards for a cider business be applied to a small winery.

A cider business may be established as a permitted use if the proposed cider business will produce cider with a maximum annual production of:

Less than 10,000 gallons of cider for a cider business and the owner:

[1]

Owns an on-site orchard of at least 15 acres;

[2]

Owns a contiguous orchard of at least 15 acres;

[3]

Has a long-term contract for the purchase of all of the apples or pears for a cider business from at least 15 acres of an orchard contiguous to the cider business; or

[4]

Obtains apples or pears for a cider business from any combination of subsection (E)(1)(a)[1], [2], or [3] of this section; or

At least 100,000 gallons of cider for a cider business and the owner:

[1]

Owns an on-site orchard for a cider business of at least 40 acres;

[2]

Owns a contiguous orchard for a cider business of at least 40 acres;

[3]

Has a long-term contract for the purchase of all of the apples or pears for a cider business from at least 40 acres of an orchard contiguous to the cider business;

[4]

Owns an on-site orchard for a cider business of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of orchards for a cider business in Oregon that are located within 15 miles of the cider business; or

[5]

Obtains apples or pears for a cider business from any combination of subsections (E)(1)(b)(1) through (4) of this section.

In addition to producing and distributing cider, a small cider business established under this subsection (E) may:

Market and sell cider produced in conjunction with the cider business.

Conduct operations that are directly related to the sale or marketing of cider produced in conjunction with the cider business, including:

[1]

Cider tastings in a tasting room or other location on the premises occupied by the cider business for cider tastings;

[2]

Cider club activities;

[3]

Cidermaker luncheons and dinners;

[4]

Cider business and orchard tours;

[5]

Meetings or business activities with cider business suppliers, distributors, wholesale customers and cider industry members;

[6]

Cider business staff activities;

[7]

Open house promotions of cider produced in conjunction with the cider business; and

[8]

Similar activities conducted for the primary purpose of promoting cider produced in conjunction with the cider business.

Market and sell items directly related to the sale or promotion of cider produced in conjunction with the cider business, the marketing and sale of which is incidental to on-site retail sale of cider for a cider business, including food and beverages:

[1]

Required to be made available in conjunction with the consumption of cider on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

[2]

Served in conjunction with an activity authorized by subsection (E)(2)(b), (d), or (e) of this section.

Carry out agri-tourism or other commercial events on the tract occupied by the cider business subject to subsection (E)(5) of this section.

Host charitable activities for which the cider business does not charge a facility rental fee.

Site a home occupation on the same tract, and in association with the cider business as provided by Chapter 19.92 JCC.

A cider business may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 through 624.121 for the preparation of food and beverages described in subsection (E)(2)(c) of this section. Food and beverage services authorized under subsection (E)(2)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

The gross income of the cider business from the sale of incidental items or services provided pursuant to subsections (E)(2)(c) through (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of cider produced in conjunction with the cider business. The gross income of a cider business does not include income received by third parties unaffiliated with the cider business. At the request of the County, the cider business shall submit to the County a written statement that is prepared by a certified public accountant and certifies the compliance of the cider business with this subsection for the previous tax year.

A cider business may carry out up to 18 days of agri-tourism or other commercial events annually on the tract occupied by the cider business:

Agri-tourism and other commercial event or activities are subject to the requirements in subsection (B) of this section; and

The County has authority to limit the 18 days of permitted events as described at ORS 215.451(8) as agri-tourism or other commercial events occurring are subordinate to the production and sale of cider and do not create significant adverse impacts to uses on surrounding land.

A cider business operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the winery or cider business is established.

For the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands, the cider business shall:

Establish a setback of at least 100 feet from all property lines for the cider business and all public gathering places unless the local government grants an adjustment or variance allowing a setback of less than 100 feet; and

Provision of direct road access and internal circulation.

As used in this subsection:

"Agri-tourism or other commercial events" includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery or cider produced in conjunction with a cider business is a secondary purpose of the event.

"Cider" means an alcoholic beverage made from the fermentation of the juice of apples or pears and includes, but is not limited to, flavored cider, sparkling cider, and carbonated cider.

"Cider business" means a facility used primarily for the commercial production, shipping and distribution, wholesale or retail sales, tasting, crushing, making, blending, storage, bottling, administrative functions or warehousing of cider.

"On-site retail sale" for cider businesses includes the retail sale of cider in person at a cider business, through a cider club, or over the internet or telephone.

Commercial Dairy Farm Standards. A dwelling may be considered customarily provided in conjunction with a commercial dairy farm and capable of earning the gross annual income requirements by subsection (I)(3) or (4) of this section, subject to the following requirements:

The subject tract will be employed as a commercial dairy farm as defined in subsection (F)(7) of this section;

The dwelling is sited on the same lot or parcel as the buildings required by the commercial dairy;

Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract;

The dwelling will be occupied by a person or persons who will be principally engaged in the operation of the commercial dairy farm, such as the feeding, milking or pasturing of the dairy animals or other farm use activities necessary to the operation of the commercial dairy farm;

The building permits, if required, have been issued for and construction has begun for the buildings and animal waste facilities required for a commercial dairy farm; and

The Oregon Department of Agriculture has approved the following:

A permit for a "confined animal feeding operation" under ORS 468B.050 and 468B.200 through 468B.230; and

A producer license for the sale of dairy products under ORS 621.072.

As used in this section, "commercial dairy farm" is a dairy operation that owns a sufficient number of producing dairy animals capable of earning the gross annual income required by subsection (I) of this section, whichever is applicable, from the sale of fluid milk.

Commercial dog boarding kennels.

Dog training classes or testing trials conducted outdoors, or in farm buildings that existed on January 1, 2013, are limited as follows:

The number of dogs participating in training does not exceed 10 per training class and the number of training classes to be held on site does not exceed six per day; and

The number of dogs participating in a testing trial does not exceed 60 and the number of testing trials to be conducted on site does not exceed four per calendar year.

Dwellings in Conjunction with Farm Use. Primary or accessory dwellings customarily provided in conjunction with farm use must meet one of the following standards:

Minimum Size or Large Tract. A dwelling may be considered customarily provided in conjunction with farm use if:

The parcel on which the dwelling will be located is at least:

[1]

One hundred sixty acres and is not designated rangeland; or

[2]

Three hundred twenty acres and designated rangeland; or

[3]

As large as the minimum parcel size if located in a zoning district with an acknowledged minimum parcel size larger than indicated in subsection (I)(1)(a)[1] or [2] of this section.

The subject tract is currently employed for farm use, as defined in ORS 215.203, where the day-to-day activities on the subject land are principally directed to the farm use of the land; and

Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract.

The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of land, such as planting, harvesting, marketing or caring for livestock, at a commercial scale.

Production Capability. A dwelling may be considered customarily provided in conjunction with farm use if:

The subject tract is at least as large as the median size of those commercial farm or ranch tracts capable of generating at least $10,000 in annual gross sales that are located within a study area which includes all tracts wholly or partially within one mile from the perimeter of the subject tract; and

The subject tract is capable of producing at least the median level of annual gross sales of County indicator crops as the same commercial farm or ranch tracts used to calculate the tract size in subsection (I)(2)(a) of this section; and

The subject tract is currently employed for a farm use, as defined in ORS 215.203, at a level capable of producing the annual gross sales required in subsection (I)(2)(a) of this section; and

Notwithstanding subsection (I)(2)(a) of this section, the subject lot or parcel on which the dwelling is proposed is not less than 10 acres; and

Except as permitted in subsection (I)(4) of this section, there is no other dwelling on the subject tract; and

If no farm use has been established at the time of application, land use approval shall be subject to a condition that no building permit may be issued prior to the establishment of the farm use required by subsection (I)(2)(c) of this section; and

The parcel is not considered high-value farmland as defined in JCC § 19.11.100.

The information utilized in addressing the criteria in subsections (I)(2)(a) and (b) of this section will be provided in a technical memorandum utilizing formulas detailed in OAR Chapter 660, Division 33. The technical memorandum is incorporated by reference herein.

Actual Income. A dwelling may be considered customarily provided in conjunction with farm use if:

On a tract not defined in JCC § 19.11.100 as high-value farmland, the subject tract is currently employed for the farm use, as defined in ORS 215.203, that produced in the last two years, or three of the last five years, the lower of the following:

[1]

At least $40,000 in gross annual income from the sale of farm products; or

[2]

Gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the County with gross annual sales of $22,500; or

[3]

On a tract defined in JCC § 19.11.100 as high-value farmland, the subject tract is currently employed for the farm use, as defined in ORS 215.203, that produced at least $80,000 in gross annual income from the sale of farm products in the last two years or three of the last five years; or

[4]

Based on the average farm income earned on the tract in the best three of the last five years; and

Except as permitted in subsection (I)(4) of this section there is no other dwelling on the subject tract; and

The dwelling will be occupied by the person or persons who produced the commodities which grossed the income in subsection (I)(3)(a) of this section; and

The structures shall be located on the least suitable portion of the property for farm use; and

In determining the gross income required by subsection (I)(3)(a) of this section, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. Only gross income from land owned, not leased or rented, shall be counted, and gross farm income earned from a lot or parcel which has been used previously to qualify another lot or parcel for the construction or siting of a primary farm dwelling may not be used; and

For the purpose of making the income determinations required in subsection (I)(3)(a) of this section, noncontiguous lots or parcels zoned for farm use in Josephine County or in a contiguous county may be used to meet the gross income requirements.

Farming of a marijuana crop, and the gross sales derived from selling a marijuana crop, may not be used to demonstrate compliance with the approval criteria for a primary farm dwelling.

Prior to the final approval for a dwelling authorized by subsections (I)(3)(c) and (d) of this section that requires one or more contiguous or noncontiguous lots or parcels of a farm operation to comply with the gross farm income requirements, the applicant shall complete and record with the County Clerk the covenants, conditions, and restrictions form provided by the County (Exhibit A to OAR Chapter 660, Division 33). The covenants, conditions and restrictions shall be recorded for each lot or parcel subject to the application for the primary farm dwelling and shall preclude:

[1]

All future rights to construct a dwelling except for accessory farm dwellings, relative farm assistance dwellings, temporary hardship dwellings or replacement dwellings allowed by ORS Chapter 215; and

[2]

The use of any gross farm income earned on the lots or parcels to qualify another lot or parcel for a primary farm dwelling.

The covenants, conditions and restrictions are irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the property subject to the covenants, conditions and restrictions is located.

Accessory Farm Dwelling. An accessory farm dwelling may be authorized if it meets the following requirements:

The accessory dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land and whose assistance in the management of the farm use is or will be required by the farm operator. The farm operator shall continue to play the predominant role in the management and farm use of the farm. A farm operator is a person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding and marketing; and

The accessory dwelling will be located:

[1]

On the same lot or parcel as the dwelling of the principal farm dwelling; or

[2]

On the same tract as the principal farm dwelling when the lot or parcel on which the accessory dwelling will be sited is consolidated into a single parcel with all other continuous lots and parcels in the tract; or

[3]

On a lot or parcel on which the principal farm dwelling is not located, when the accessory farm dwelling is a manufactured dwelling and a deed restriction is filed with the County Clerk. The deed restriction shall require the manufactured dwelling to be removed when the lot or parcel is conveyed to another party. An accessory farm dwelling approved pursuant to this rule may not be occupied by a person or persons who will not be principally engaged in the farm use of the land and whose assistance in the management of the farm use is not or will not be required by the farm operator. The manufactured dwelling may remain if it is reapproved under these rules.

On any lot or parcel, when the accessory farm dwelling is limited to only attached multi-unit residential structures allowed by the applicable state building code or similar types of farmworker housing as that existing on farm operations registered with the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division under ORS 658.750. A county shall require all accessory farm dwellings approved under this subsection to be removed, demolished or converted to a nonresidential use when farmworker housing is no longer required. "Farmworker housing" shall have the meaning set forth in ORS 215.278 and not the meaning in ORS 315.163; or

The principal farm dwelling to which the proposed dwelling would be accessory meets one of the following circumstances:

[1]

On land not identified as high-value farmland, the principal farm dwelling is located on a farm or ranch operation that is currently employed for farm use, as defined in ORS 215.203, and produced in the last two years, or three of the last five years, the lower of the following:

[A]

At least $40,000 in gross annual income from the sale of farm products. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract;

[B]

Gross annual income of at least the midpoint of the median income range of gross annual sales for farms in the County with the gross annual sales of $10,000 or more according to the 1992 Census of Agriculture, Oregon. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; or

[2]

On land identified as high-value farmland, the principal farm dwelling is located on a farm or ranch operation that is currently employed for farm use, as defined in ORS 215.203, and produced at least $80,000 in gross annual income from the sale of farm products in the last two years or three of the last five years. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract; and

The governing body of a county shall not approve any proposed division of a lot or parcel for an accessory farm dwelling approved pursuant to this subsection; and

An accessory farm dwelling approved pursuant to this section cannot later be used to satisfy the requirements for a dwelling not provided in conjunction with farm use; and

On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size under ORS 215.780 and the lot or parcel complies with the gross farm income requirements in OAR 660-033-0135(3) or (4), whichever is applicable; and

[1]

There is no other dwelling on the land designated in a farm zone owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm or ranch and that could reasonably be used as an accessory farm dwelling; and

[2]

The principal farm dwelling to which the proposed dwelling would be accessory meets one of the following circumstances:

[A]

[i]

[ii]

[B]

It is located on a commercial dairy farm as defined in subsection (F) of this section; and

[1]

The building permits, if required, have been issued and construction has begun or been completed for the buildings and animal waste facilities required for a commercial dairy farm;

[2]

The Oregon Department of Agriculture has approved a permit for a "confined animal feeding operation" under ORS 468B.050 and 468B.200 through 468B.230; and

[3]

A producer license for the sale of dairy products under ORS 621.072.

Relative Farm Help Dwelling. A farm use dwelling for a relative shall be approved when the following standards are met:

Located on the same lot or parcel as the dwelling of the farm operator; and

Occupied by a relative of the farm operator or the farm operator's spouse, which means a child, parent, step-parent, grandchild, grandparent, step-grandparent, sibling, step-sibling, niece, nephew or first cousin of either, if the farm operator does or will require the assistance of the relative in the management of the farm use; and

The farm operator shall continue to play the predominant role in the management and farm use of the farm. A farm operator is a person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding and marketing; and

The landowner signs and records a waiver of claim for relief or cause of action as provided for in JCC § 19.64.060(B); and

Dwelling must be located on the same lot or parcel as the dwelling of the farm operator and must be on real property used for farm use; and

A dwelling shall be occupied by relatives whose assistance in the management and farm use of the existing commercial farming operation is required by the farm operator. However, farming of a marijuana crop may not be used to demonstrate compliance with the approval criteria for a relative farm help dwelling.

Relocated Farm Operations. A dwelling may be considered customarily provided in conjunction with farm use if:

Within the previous two years, the applicant owned and operated a different farm operation that earned the gross farm income in each of the last five years or four of the last seven years as required by subsection (I)(3) or (4) of this section, whichever is applicable;

The subject lot or parcel on which the dwelling will be located is:

[1]

Currently employed for the farm use that produced in each of the last two years or three of the last five years, or in an average of three of the last five years the gross farm income required by subsection (I)(3) or (4) of this section, whichever is applicable; and

[2]

At least the size of the applicable minimum lot size under JCC § 19.64.095;

Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract;

The dwelling will be occupied by a person or persons who produced the commodities that grossed the income in subsection (I)(3) of this section; and

In determining the gross income required by subsections (I)(3) and (4) of this section:

[1]

The cost of purchased livestock shall be deducted from the total gross income attributed to the tract; and

[2]

Only gross income from land owned, not leased or rented, shall be counted.

The structures shall be located on the least suitable portion of the property for farm use.

Notwithstanding the requirements of JCC § 19.41.030 (Time limit, extension and expiration of permits), land use permit approvals for farm dwellings shall be valid for four years from the date findings of approval are signed, and an extension of the permit shall be valid for two years.

Farming of a marijuana crop, and the gross sales derived from selling a marijuana crop, may not be used to demonstrate compliance with the approval criteria for a primary farm dwelling.

Farm brewery.

As used in this subsection:

"Agri-tourism or other commercial events" includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of malt beverages produced in conjunction with the farm brewery is a secondary purpose of the event.

"Brewer" means a person who makes malt beverages.

"Farm brewery" means a facility, located on or contiguous to a hop farm, used primarily for the commercial production, shipping and distribution, wholesale or retail sales, or tasting of malt beverages made with ingredients grown on the hop farm.

"Hop farm" means a tract of land planted with hops.

"Malt beverage" has the meaning given that term in ORS 471.001 (Definitions for ORS chapters 471 and 473).

"On-site retail sale"

includes the retail sale of malt beverages in person at the farm brewery site, through a club or over the internet or telephone.

A farm brewery may be established as a permitted use if the farm brewery:

Produces less than 150,000 barrels of malt beverages annually, inclusive of malt beverages produced by the farm brewery's owners or operators at the farm brewery or elsewhere, through any entity owned or affiliated with the farm brewery;

Produces less than 15,000 barrels of malt beverages annually on the farm brewery site; and

[1]

Owns an on-site hop farm of at least 15 acres;

[2]

Owns a contiguous hop farm of at least 15 acres;

[3]

Has a long-term contract for the purchase of all of the hops from at least 15 acres of a hop farm contiguous to the farm brewery; or

[4]

Obtains hops from a total of 15 acres from any combination of sources described in subsections (J)(2)(b)[1] through [3] of this section.

For purposes of this subsection, land planted with other ingredients used in malt beverages produced by the farm brewery counts towards the acreage minimums.

In addition to any other activities authorized for a farm brewery, a farm brewery established under this section may:

Market malt beverages produced in conjunction with the farm brewery.

Conduct operations that are directly related to the sale or marketing of malt beverages produced in conjunction with the farm brewery, including:

[1]

Malt beverage tastings in a tasting room or other location on the premises occupied by the farm brewery;

[2]

Malt beverage club activities;

[3]

Brewer luncheons and dinners;

[4]

Farm brewery and hop farm tours;

[5]

Meetings or business activities with farm brewery suppliers, distributors, wholesale customers and malt beverage industry members;

[6]

Farm brewery staff activities;

[7]

Open house promotions of malt beverages produced in conjunction with the farm brewery; and

[8]

Similar activities conducted for the primary purpose of promoting malt beverages produced in conjunction with the farm brewery.

Market and sell items directly related to the sale or promotion of malt beverages produced in conjunction with the farm brewery, the marketing and sale of which is incidental to on-site retail sale of malt beverages, including food and beverages:

[1]

Required to be made available in conjunction with the consumption of malt beverages on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

[2]

Served in conjunction with an activity authorized by subsection (J)(3)(b), (d) or (e) of this section.

Subject to subsections (J)(6) through (8) of this section, carry out agri-tourism or other commercial events on the tract occupied by the farm brewery.

Host charitable activities for which the farm brewery does not charge a facility rental fee.

Site a bed and breakfast as a home occupation on the same tract as, and in association with, the farm brewery.

A farm brewery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 through 624.121 for the preparation of food and beverages described in subsection (J)(3)(c) of this section. Food and beverage services authorized under subsection (J)(3)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

The gross income of the farm brewery from the sale of incidental items or services provided pursuant to subsections (J)(3)(c) through (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of malt beverages produced in conjunction with the farm brewery. The gross income of a farm brewery does not include income received by third parties unaffiliated with the farm brewery.

At the request of a local government with land use jurisdiction over the site of a farm brewery, the farm brewery shall submit to the local government a written statement prepared by a certified public accountant that certifies the compliance of the farm brewery with this subsection for the previous tax year.

Except as provided by subsection (J)(7) of this section, a farm brewery may carry out agri-tourism or other commercial events described in subsection (J)(3)(d) of this section for up to 18 days per calendar year.

A local government with land use jurisdiction over the site of a farm brewery shall ensure that agri-tourism or other commercial events occurring as described in subsection (J)(3)(d) of this section are subordinate to the production and sale of malt beverages and do not create significant adverse impacts to uses on surrounding land.

A local government may impose conditions on a license or permit issued as necessary to meet the requirements of this subsection (J)(7). The conditions must be related to:

[1]

The number of event attendees;

[2]

The hours of event operation;

[3]

Access and parking;

[4]

Traffic management;

[5]

Noise management; and

[6]

Sanitation and solid waste.

A local government may charge a fee for processing a license or permit under subsection (J)(6) of this section. The fee may not exceed the actual or average cost of providing the applicable licensing or permitting service.

When a bed and breakfast facility is sited as a home occupation on the same tract as a farm brewery as described in subsection (J)(3)(f) of this section:

The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

The meals may be served at the bed and breakfast facility or at the farm brewery.

10.

A farm brewery operating under this section shall provide parking for all activities or uses of the tract on which the farm brewery is situated.

11.

A local government with land use jurisdiction over the site of a farm brewery shall ensure that the farm brewery complies with:

Local criteria regarding floodplains, geologic hazards, solar access and airport safety;

Regulations of general applicability for the public health and safety; and

Regulations for resource protection acknowledged to comply with any statewide goal relating to open spaces, scenic and historic areas and natural resources.

12.

For the purpose of limiting demonstrated conflicts with accepted farm and forest practices on adjacent lands, a local government with land use jurisdiction over the site of a farm brewery shall:

Except as provided in subsection (J)(13) of this section, establish a setback of at least 100 feet from all property lines for the farm brewery and all public gathering places; and

Require farm breweries to provide direct road access and internal circulation for the farm brewery and all public gathering places.

13.

A local government may allow a setback of less than 100 feet by granting a farm brewery an adjustment or variance to the requirement described in subsection (J)(12)(a) of this section.

Farm crop processing facility located on a farm operation that meets the following requirements:

The on-site farm operation provides at least one-quarter of the farm crops to be processed; or

Slaughtering, processing or selling poultry or poultry products from the farm operation containing the facility and consistent with the licensing exemption for a person under ORS 603.038(2) (Licensing exemption for certain poultry processors).

"Processing area"

means the floor area of a building dedicated to farm product processing. "Processing area" does not include the floor area designated for preparation, storage or other farm use.

A county may allow a facility for the processing of farm products as a permitted use under ORS 215.213 and 215.283, only if the facility:

Uses less than 10,000 square feet for its processing area and complies with all applicable siting standards; or

Notwithstanding any applicable siting standard, uses less than 2,500 square feet for its processing area.

The processing facility shall comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility.

Farm stands, if:

The structures are designed and used for the sale of farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area, including the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand if the annual sale of incidental items and fees from promotional activity do not make up more than 25 percent of the total annual sales of the farm stand; and

The farm stand does not include structures designed for occupancy as a residence or for activity other than the sale of farm crops and livestock and does not include structures for banquets, public gatherings or public entertainment.

As used in this subsection, "farm crops or livestock" includes both fresh and processed farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in the local agricultural area.

As used in this subsection, "processed crops and livestock" includes jams, syrups, apple cider, animal products and other similar farm crops and livestock that have been processed and converted into another product but not prepared food items.

As used in this subsection, "local agricultural area" includes Oregon or an adjacent county in Washington, Idaho, Nevada or California that borders the Oregon county in which the farm stand is located.

A farm stand may not be used for the sale, or to promote the sale, of marijuana products or extracts.

Farm Stand Development Standards.

Adequate off-street parking will be provided pursuant to provisions of Chapter 19.75 JCC.

Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips.

All vehicle maneuvering will be conducted on site. No vehicle backing or maneuvering shall occur within adjacent roads, streets or highways.

No farm stand building or parking is permitted within the right-of-way.

Approval is required from the appropriate local road authority regarding adequate egress and ingress. All egress and ingress points shall be clearly marked.

Vision clearance areas. No visual obstruction (e.g., sign, structure, solid fence, wall, planting or shrub vegetation) may exceed three feet in height within "vision clearance areas" at street intersections.

[1]

Service drives shall have a minimum clear-vision area formed by the intersection of the driveway centerline, the road right-of-way line, and a straight line joining said lines through points 20 feet from their intersection.

[2]

Height is measured from the top of the curb or, where no curb exists, from the established street center line grade.

[3]

Trees exceeding three feet in height may be located in this area, provided all branches and foliage are removed to a height of eight feet above grade.

All outdoor light fixtures shall comply with Chapters 19.75 and 19.77 JCC.

Signs are permitted consistent with Chapter 19.74 JCC.

Permit approval is subject to compliance with the County Health Department or Department of Agriculture requirements and with the development standards of this zone.

As used in this subsection (L), "farm stand structure" means a structure that is designed and used for the sale of farm crops and livestock. A food stand is considered to be a farm stand structure.

10.

As applied to farm stands, a "fee-based activity to promote the sale of farm crops or livestock" means an agri-tourism activity as defined in Chapter 19.11 JCC that is directly related to the sale of farm crops or livestock sold at the farm stand and meets the standards of this subsection.

Fire service facilities providing rural fire protection services.

Forest product processing facility shall not seriously interfere with accepted farming practices and shall be compatible with farm uses described in Chapter 19.11 JCC. Such facility may be approved for a one-year period that is renewable and is intended to be only portable or temporary in nature. The "primary processing of a forest product," as used in this subsection, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. "Forest products," as used in this subsection, means timber grown upon a tract where the primary processing facility is located.

Geothermal resource exploration and production as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead.

Mineral exploration, as such operations are defined by ORS 517.750.

Model aircraft site used for the takeoff and landing of models, including such buildings or facilities as may reasonably be necessary, subject to the following rules:

Buildings and facilities shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility preexisted the use approved under this section, and the site shall not include an aggregate surface or hard surface area unless the surface preexisted the use approved under this section; and

As used in this subsection (Q), "model aircraft" means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and controlled by radio, lines or design by a person on the ground. An owner of property used for the purpose authorized in this section may charge a person operating the use on the property rent for the property.

An operator may charge users of the property a fee that does not exceed the operator's cost to maintain the property, buildings, and facilities.

Photovoltaic solar power generation facility on high-value farmland.

As used in this subsection, "photovoltaic solar power generation facility" means an assembly of equipment and components that has the primary purpose of converting sunlight into electricity by photovoltaic effect and has the capability of storing or transferring the electricity.

A photovoltaic solar power generation facility may be established on land that is high-value farmland, as defined in ORS 195.300, provided the land:

Is not located within the boundaries of an irrigation district;

Is not at the time of the facility's establishment, and was not at any time during the 20 years immediately preceding the facility's establishment, the place of use of a water right permit, certificate, decree, transfer order or groundwater registration authorizing the use of water for the purpose of irrigation;

Is located within the service area of an electric utility described in ORS 469A.052(2);

Does not exceed the acreage the electric utility reasonably anticipates to be necessary to achieve the applicable renewable portfolio standard described in ORS 469A.052(3); and

Does not qualify as high-value farmland under any other provision of law.

When evaluating an application to establish a photovoltaic solar power generation facility under this section, a county:

Shall apply the criteria and standards applicable to agricultural land adopted under a statewide land use planning goal relating to agricultural lands; and

May not apply the criteria and standards applicable to high-value farmland adopted under a statewide land use planning goal relating to agricultural lands.

A county is not required to adopt an exception under ORS 197.732 (Goal exceptions) to a statewide land use planning goal relating to agricultural land to authorize the establishment of a photovoltaic solar power generation facility under this section.

A photovoltaic solar power generation facility established under this section is a commercial utility facility under ORS 215.213(2) or 215.283(2) if the facility generates power for public use by sale.

Residential home or facility in an existing dwelling as defined by ORS 197.660.

Solid waste disposal site that has been ordered to be established by the Environmental Quality Commission under ORS 459.049, together with the equipment, facilities or buildings necessary for its operation; new disposal sites shall not be authorized on property which is high-value farmland as defined in JCC § 19.11.100.

Utility facilities necessary for public service, including wetland waste treatment systems, but not including commercial facilities for the purpose of generating electrical power for public use by sale or transmission towers over 200 feet in height, subject to the following rules:

A utility facility is necessary for public service if the facility must be sited in a farm zone to provide the service;

To demonstrate a utility facility is necessary, an applicant must show that reasonable alternatives have been considered and the facility must be sited in a farm zone due to one or more of the following factors:

Technical and engineering feasibility;

The proposed facility is locationally dependent. A utility facility is locationally dependent if it must cross land in one or more areas zoned for farm use in order to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands;

Lack of available urban and nonresource lands;

Availability of existing rights-of-way;

Public health and safety; and

Other requirements of state and federal agencies; and

Costs associated with any of the factors listed in subsection (U)(2) of this section may be considered, but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities and the siting of utility facilities that are not substantially similar; and

The owner of a utility facility approved under this section shall be responsible for restoring, as nearly as possible, to its former condition any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration; and

The governing body of the County or its designee shall impose clear and objective conditions on an application for utility facility siting to mitigate and minimize the impacts of the proposed facility, if any, on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on surrounding farmlands; and

In addition to the foregoing requirements, the establishment or extension of a sewer system shall meet the requirements of Statewide Goal 11 and implementing Oregon Administrative Rules; and

The provisions of subsections (U)(1) through (5) of this section do not apply to interstate natural gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission.

An associated transmission line is necessary for public service upon demonstration that the associated transmission line meets either the following requirements of subsection (U)(8)(a) or (b) of this section.

An applicant demonstrates that the entire route of the associated transmission line meets at least one of the following requirements:

[1]

The associated transmission line is not located on high-value farmland, as defined in ORS 195.300, or on arable land; or

[2]

The associated transmission line is co-located with an existing transmission line; or

[3]

The associated transmission line parallels an existing transmission line corridor with the minimum separation necessary for safety; or

[4]

The associated transmission line is located within an existing right-of-way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground.

After an evaluation of reasonable alternatives, an applicant demonstrates that the entire route of the associated transmission line meets, subject to subsections (U)(8)(c) and (d) of this section, two or more of the following criteria:

[1]

Technical and engineering feasibility;

[2]

The associated transmission line is locationally dependent because the associated transmission line must cross high-value farmland, as defined in ORS 195.300, or arable land to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands;

[3]

Lack of an available existing right-of-way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground;

[4]

Public health and safety; or

[5]

Other requirements of state or federal agencies.

As pertains to subsection (U)(8)(b) of this section, the applicant shall demonstrate how the applicant will mitigate and minimize the impacts, if any, of the associated transmission line on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on the surrounding farmland.

The County may consider costs associated with any of the factors listed in subsection (U)(8)(b) of this section, but consideration of cost may not be the only consideration in determining whether the associated transmission line is necessary for public service.

Winery (Small). Small wineries and cider businesses are separate uses. The small cider provisions and standards of subsection (E) of this section may not be applied to a winery business, nor may the provisions and standards for a cider business be applied to a small winery.

A winery business may be established as a permitted use if the proposed winery will produce wine with a maximum annual production of:

Less than 50,000 gallons of wine and the owner:

[1]

Owns an on-site vineyard of at least 15 acres;

[2]

Owns a contiguous vineyard of at least 15 acres;

[3]

Has a long-term contract for the purchase of all of the grapes for a winery from at least 15 acres of a vineyard contiguous to the winery; or

[4]

Obtains grapes for a winery from any combination of subsections (V)(1)(a)[1], [2], or [3] of this section; or

At least 50,000 gallons of wine and the owner:

[1]

Owns an on-site vineyard for a winery of at least 40 acres;

[2]

Owns a contiguous vineyard for a winery of at least 40 acres;

[3]

Has a long-term contract for the purchase of all of the grapes for a winery from at least 40 acres of a vineyard contiguous to the winery;

[4]

Owns an on-site vineyard for a winery of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of vineyards for a winery in Oregon that are located within 15 miles of the winery site; or

[5]

Obtains grapes for a winery from any combination of subsections (V)(1)(b)[1] through [4] of this section.

In addition to producing and distributing wine, a small winery established under this subsection (V) may:

Market and sell wine produced in conjunction with the winery.

Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:

[1]

Wine tastings in a tasting room or other location on the premises occupied by the winery for wine tastings;

[2]

Wine club activities;

[3]

Winemaker luncheons and dinners;

[4]

Winery and vineyard tours;

[5]

Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;

[6]

Winery staff activities;

[7]

Open house promotions of wine produced in conjunction with the winery; and

[8]

Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery.

Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to on-site retail sale of wine for a winery, including food and beverages:

[1]

Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

[2]

Served in conjunction with an activity authorized by subsection (V)(2)(b), (d), or (e) of this section.

Carry out agri-tourism or other commercial events on the tract occupied by the winery subject to subsection (V)(5) of this section.

Host charitable activities for which the winery does not charge a facility rental fee.

A winery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 through 624.121 for the preparation of food and beverages described in subsection (V)(2)(c) of this section. Food and beverage services authorized under subsection (V)(2)(c) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

The gross income of the winery from the sale of incidental items or services provided pursuant to subsections (V)(2)(c) through (e) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. The gross income of a winery does not include income received by third parties unaffiliated with the winery. At the request of the County, the winery shall submit to the County a written statement that is prepared by a certified public accountant and certifies the compliance of the winery with this subsection for the previous tax year.

A winery may carry out up to 18 days of agri-tourism or other commercial events annually on the tract occupied by the winery:

If a winery conducts agri-tourism or other commercial events authorized under this section, the winery may not conduct agri-tourism or other commercial events or activities authorized by subsection (B) of this section.

Agri-tourism and other commercial events or activities are subject to the requirements in subsection (B) of this section.

As necessary to ensure that agri-tourism or other commercial events on a tract occupied by a winery are subordinate to the production and sale of wine and do not create significant adverse impacts to uses on surrounding land, the local government may impose conditions on a license or permit issued pursuant to subsection (V)(7) of this section related to:

[1]

The number of event attendees;

[2]

The hours of event operation;

[3]

Access and parking;

[4]

Traffic management;

[5]

Noise management; and

[6]

Sanitation and solid waste.

As used in this subsection (V), "agri-tourism" is defined by OAR 215.452(14)(a) as "... includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event."

A winery operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.

Prior to the issuance of a permit to establish a winery under this subsection (V), the applicant shall show that vineyards described in this subsection (V) have been planted or that the contract has been executed, as applicable.

For the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands, the winery shall:

Establish a setback of at least 100 feet from all property lines for the winery and all public gathering places unless the local government grants an adjustment or variance allowing a setback of less than 100 feet; and

Provision of direct road access and internal circulation.

Winery (large).

A large winery may be established if:

The winery owns and is sited on a tract of 80 acres or more, at least 50 acres of which is a vineyard;

The winery owns at least 80 additional acres of planted vineyards in Oregon that need not be contiguous to the acreage described in subsection (W)(1)(a) of this section; and

The winery has produced annually, at the same or a different location, at least 150,000 gallons of wine in at least three of the five calendar years before the winery is established under this subsection (W).

In addition to producing and distributing wine, a large winery may:

Market and sell wine produced in conjunction with the winery;

Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:

[1]

Wine tastings in a tasting room or other location on the premises occupied by the winery;

[2]

Wine club activities;

[3]

Winemaker luncheons and dinners;

[4]

Winery and vineyard tours;

[5]

Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;

[6]

Winery staff activities;

[7]

Open house promotions of wine produced in conjunction with the winery; and

[8]

Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery;

Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to retail sale of wine on site, including food and beverages:

[1]

Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

[2]

Served in conjunction with an activity authorized by subsection (W)(2)(b)[2], [4], or [5] of this section;

Provide services, including agri-tourism or other commercial events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that:

[1]

Are directly related to the sale or promotion of wine produced in conjunction with the winery;

[2]

Are incidental to the retail sale of wine on site;

[3]

Are limited to 25 days or fewer in a calendar year; and

[4]

Host charitable activities for which the winery does not charge a facility rental fee.

Income Requirements.

The gross income of the winery from the sale of incidental items pursuant to subsection (W)(2)(c) of this section and services provided pursuant to subsection (W)(2)(d) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery.

At the request of a local government with land use jurisdiction over the site of a winery, the winery shall submit to the local government a written statement, prepared by a certified public accountant, that certifies compliance with subsection (W)(2)(d) of this section for the previous tax year.

A large winery shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.

A large winery may operate a restaurant, as defined in ORS 624.010, in which food is prepared for consumption on the premises of the winery.

Permit Requirements.

A winery shall obtain a permit if the winery operates a restaurant that is open to the public for more than 25 days in a calendar year or provides for agri-tourism or other commercial events authorized under subsection (W)(2)(d) of this section occurring on more than 25 days in a calendar year.

In addition to any other requirements, a local government may approve a permit application under this subsection (W) if the local government finds that the authorized activity:

[1]

Complies with the standards described in JCC § 19.64.040(C);

[2]

Is incidental and subordinate to the retail sale of wine produced in conjunction with the winery; and

[3]

Does not materially alter the stability of the land use pattern in the area.

A person may not have a substantial ownership interest in more than one large winery operating a restaurant.

Prior to the issuance of a permit to establish a large winery, the applicant shall show that vineyards described in subsection (W)(1) of this section have been planted.

A large winery operating under subsection (W)(1) of this section shall provide for:

Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places; and

Direct road access and internal circulation.

10.

A large winery operating under subsection (W)(1) of this section may receive a permit to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the winery received a permit in similar circumstances before August 2, 2011.

11.

As used in this subsection (W):

"Agri-tourism or other commercial events"

includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings, and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event.

"On-site retail sale"

for wineries includes the retail sale of wine in person at the winery site, through a wine club or over the internet or telephone.

(2005 RLDC § 64.035; Ord. 2023-005 § 1)

§ 19.64.040 Conditional uses.

The following uses, with accessory uses, shall be authorized using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for conditional uses (Chapter 19.45 JCC) and site plan review (Chapter 19.42 JCC). All uses shall also meet the applicable development standards listed in JCC § 19.64.095. A development permit (Chapter 19.41 JCC) shall be required as the final permit approval.

Airports and helicopter pads for personal use, including associated hangar, maintenance and service facilities, subject to the following rules:

A "personal use airport" means an airstrip restricted, except for aircraft emergencies, to use by the owner, and, on an infrequent and occasional basis, by invited guests, and by commercial aviation activities in connection with agricultural operations. No aircraft may be based on a personal use airport other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Oregon Department of Aviation in specific instances.

A personal use airport lawfully existing as of September 13, 1975, shall continue to be permitted subject to any applicable rules of the Oregon Department of Aviation.

Aquatic or Insect Species. The propagation, cultivation, maintenance and harvesting thereof that are not under the jurisdiction of the State Fish and Wildlife Commission, subject to:

Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture.

Notice shall be provided to the State Department of Agriculture. The notice shall be provided in accordance with Chapter 19.32 JCC for quasi-judicial land use decisions, but shall be mailed at least 20 calendar days prior to any administrative decision or initial public hearing on the application.

Commercial activities in conjunction with farm use may be approved when:

The commercial activity is either exclusively or primarily a customer or supplier of farm products;

The commercial activity is limited to providing products and services essential to the practice of agriculture by surrounding agricultural operations that are sufficiently important to justify the resulting loss of agricultural land to the commercial activity; or

The commercial activity significantly enhances the farming enterprises of the local agricultural community, of which the land housing the commercial activity is a part. Retail sales of products or services to the general public that take place on a parcel or tract that is different from the parcel or tract on which the agricultural product is processed, such as a tasting room with no on-site winery, are not commercial activities in conjunction with farm use.

Commercial utility facilities to include:

Commercial utility facilities for the purpose of generating power for public use by sale, not including wind power generation facilities or photovoltaic solar power generation facilities.

As used in this subsection (D):

"Commercial power generating facility"

means a facility for the production of energy and its related or supporting facilities that:

[1]

Generates energy using means listed in ORS or OAR such as solar power, wind power, fuel cells, hydroelectric power, thermal power, geothermal power, landfill gas, digester gas, waste, dedicated energy crops available on a renewable basis or low-emission, nontoxic biomass based on solid organic fuels from wood, forest or field residues but not including the production of biofuel as authorized by ORS 215.203(2)(b)(K) in all zones that allow "farm use" and ORS 215.283(1)(r) and (2)(a) in the EF zone;

[2]

Is intended to provide energy for sale; and

[3]

Does not include a net metering project established consistent with ORS 757.300 and OAR Chapter 860, Division 39 or a feed-in-tariff project established consistent with ORS 757.365 and OAR Chapter 860, Division 84.

Community centers owned by a government agency or a nonprofit community organization and operated primarily by and for residents of the local rural community.

A community center may provide services to veterans, including but not limited to emergency and transitional shelter, preparation and service of meals, vocational and educational counseling and referral to local, state or federal agencies providing medical, mental health, disability income replacement and substance abuse services, only in a facility that is in existence on January 1, 2006. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services.

Commercial dog boarding kennels located on property which is high-value farmland.

Composting facilities for which a permit has been granted by the Department of Environmental Quality under ORS 459.245 and OAR 340-096-0024(1), (2) or (3), subject to the following special rules:

New nonfarm composting facilities shall not be authorized on property which is high-value farmland as defined in JCC § 19.11.100;

Buildings and facilities used in conjunction with the composting operation shall only be those required for the operation of the subject facility; and

On-site sales shall be limited to bulk loads of at least one unit (seven and one-half cubic yards) in size that are transported in one vehicle.

Compost facility operators must prepare, implement, and maintain a site-specific odor minimization plan that:

Meets the requirements of OAR 340-096-0150;

Identifies the distance of the proposed operation to the nearest residential zone;

Includes a complaint response protocol;

Is submitted to the DEQ with the required permit application; and

May be subject to annual review by the County to determine if any revisions are necessary.

Compost operations subject to subsection (G)(1) of this section:

A new disposal site for composting that sells, or offers for sale, resulting product; or

An existing disposal site for composting that sells, or offers for sale, resulting product that:

[1]

Accepts as feedstock nonvegetative materials, including dead animals, meat, dairy products and mixed food waste (type 3 feedstock); or

[2]

Increases the permitted annual tonnage of feedstock used by the disposal site by an amount that requires a new land use approval.

Construction of additional passing and travel lanes requiring the acquisition of right-of-way but not resulting in the creation of new land parcels.

Destination resort, not permitted on high-value farmland except that existing destination resorts may be expanded subject to the following:

Three-Mile Setback. For uses subject to this subsection (I):

No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved in connection with the use within three miles of an urban growth boundary, unless an exception is approved pursuant to ORS 197.732 and OAR Chapter 660, Division 4, or unless the structure is described in a master plan adopted under the provisions of OAR Chapter 660, Division 34.

Any enclosed structures or group of enclosed structures described in subsection (I)(1)(a) of this section within a tract must be separated by at least one-half mile. For purposes of this subsection (I), "tract" means a tract that is in existence as of June 17, 2010.

Existing facilities wholly within a farm use zone may be maintained, enhanced, or expanded on the same tract, subject to other requirements of law, but enclosed existing structures within a farm use zone within three miles of an urban growth boundary may not be expanded beyond the requirements of this title.

Dog training classes or testing trials that cannot be established under JCC § 19.64.035(H).

Equine and equine-affiliated therapeutic counseling activities shall be conducted in existing buildings that were lawfully constructed on the property before January 1, 2019, or in new buildings that are accessory, incidental, and subordinate to the farm use on the tract. All individuals conducting therapeutic or counseling activities must act within the proper scope of any licenses required by the state.

Filming. On-site filming and activities accessory to on-site filming that exceed 45 days, as provided for in ORS 215.306.

Forest products processing facility, subject to the following requirements:

The primary use of the facility is for the processing of forest products;

The facility does not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2);

The approval period for the permit shall be one year which is renewable;

The facilities are intended to be portable or temporary in nature;

The primary processing of forest products means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market;

"Forest products"

means timber grown on the tract where the primary processing facility is located.

Geothermal resource mining and processing as defined by ORS 522.005 and oil and gas as defined by ORS 520.005 not otherwise authorized by JCC § 19.64.035.

Golf courses (regulation only) subject to the following special rules:

New golf courses shall not be authorized on property which is high-value farmland as defined in ORS 195.300, but existing facilities may be maintained, enhanced or expanded, but shall not be expanded to contain more than 36 holes; and

A regulation golf course means an area of land with highly maintained natural turf laid out for the game of golf with a series of nine, 18 or a combination of nine or 18 holes, each including a tee, a fairway, a putting green, and often one or more natural or artificial hazards, to include:

For a nine-hole golf course, a site that generally consists of 65 to 90 acres of land, has a playable distance of 2,500 to 3,600 yards, and a par of 32 to 36 strokes;

For an 18-hole golf course, a site that generally consists of 120 to 150 acres of land, has a playable distance of 5,000 to 7,200 yards, and a par of 64 to 73 strokes.

A "nonregulation golf course" means a golf course or golf course-like development that does not meet the definition for a regulation golf course set out above, including but not limited to executive golf courses, par three golf courses, pitch and putt golf courses, miniature golf courses and driving ranges.

Uses accessory to a golf course shall meet the following standards:

An accessory use to a golf course is a facility or improvement that is incidental to the operation of the golf course and is either necessary for the operation and maintenance of the golf course or that provides goods or services customarily provided to golfers at a golf course. An accessory use or activity does not serve the needs of the nongolfing public. Accessory uses to a golf course may include: parking; maintenance buildings; cart storage and repair; practice range or driving range; clubhouse; restrooms; lockers and showers; food and beverage service; pro shop; a practice or beginner's course as part of an 18-hole or larger golf course; or golf tournament. Accessory uses to a golf course do not include: sporting facilities unrelated to golfing such as tennis courts, swimming pools, and weight rooms; wholesale or retail operations oriented to the nongolfing public; or housing;

Accessory uses shall be limited in size and orientation on the site to serve the needs of persons and their guests who patronize the golf course to golf. An accessory use that provides commercial services (e.g., pro shop, etc.) shall be located in the clubhouse rather than in separate buildings; and

Accessory uses may include one or more food and beverage service facilities in addition to food and beverage service facilities located in a clubhouse. Food and beverage service facilities must be part of and incidental to the operation of the golf course and must be limited in size and orientation on the site to serve only the needs of persons who patronize the golf course and their guests. Accessory food and beverage service facilities shall not be designed for or include structures for banquets, public gatherings or public entertainment.

An existing golf course may be expanded consistent with the definition of "golf course" as defined in JCC § 19.11.090 and the standards of this section.

Improvement of public road and highway related facilities, such as maintenance yards, weigh stations and rest areas, where additional property or right-of-way is required but not resulting in the creation of new land parcels.

Type III home occupations, subject to Chapter 19.92 JCC and JCC § 19.64.060 and the following additional standards:

It shall be operated by a resident or employee of a resident of the property on which the business is located;

It shall employ on the site no more than five full-time or part-time persons;

It shall be operated substantially in:

The dwelling; or

Other buildings normally associated with uses permitted in the zone in which the property is located; and

It shall not unreasonably interfere with other uses permitted in the zone in which the property is located.

Bed and breakfast and room and board home occupations are limited to five unrelated persons.

Landscape contracting business, as defined in ORS 671.520, or a business providing landscape architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the growing and marketing of nursery stock on the land that constitutes farm use.

Mass gatherings that are outdoor and subject to County Planning Commission review per ORS 433.763 because they involve more than 3,000 persons or are anticipated to last more than 120 hours in any three-month period.

Mining, crushing, stockpiling, and processing of aggregate into asphalt or Portland cement and other mineral resources and other subsurface resources, subject to the following requirements where applicable:

The minimum amount of material to be mined shall be 1,000 cubic yards;

The minimum surface area of disturbance for the mining shall be one acre;

For the purpose of administering this use, the definition of mining shall be the one provided in ORS 215.298(3);

The site to be mined must be included on an inventory in an acknowledged comprehensive plan;

New uses that batch and blend mineral and aggregate into asphalt cement may not be authorized within two miles of a planted vineyard, and a "planted vineyard" means one or more vineyards totaling 40 acres or more that are planted as of the date the application for batching and blending is filed.

Museum for living history, subject to the following rules:

A "living history museum"

means a facility designed to depict and interpret everyday life and culture of some specific historic period using authentic buildings, tools, equipment and people to simulate past activities and events.

The museum shall be related to resource based activities owned and operated by a governmental agency or a local historical society. It may include limited commercial activities and facilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historical period or the museum administration building, if areas other than ones located with the farm zones cannot accommodate the museum and related activities or if the museum administration buildings and parking lot are located within one-quarter mile of an urban growth boundary; and

A "local historical society"

means the local historical society recognized as such by the Josephine County Board of Commissioners and organized under the requirements of ORS Chapter 65.

Private parks, playgrounds, hunting and fishing preserves, campgrounds, and transitional housing camps subject to the following requirements:

New developments shall not be authorized on property which is high-value farmland as defined in JCC § 19.11.100, but existing facilities may be maintained, enhanced or expanded subject to other requirements of law;

Private campgrounds may provide yurts for overnight camping, but no more than one-third or a maximum of 10 campsites, whichever is less, may include a yurt; the yurt shall be located on the ground or on a wood floor with no permanent foundation; and, for this rule, "yurt" means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hookup or internal cooking appliance;

Except on a lot or parcel contiguous to a lake or reservoir, private campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is taken pursuant to OAR Chapter 660, Division 4;

A campground is an area devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes, and is established on a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for recreational use by the occupants of the campground;

A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites;

Campgrounds and transitional housing camps authorized by this rule shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations, and overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive six-month period;

Campsites may be occupied by a tent, travel trailer, yurt or recreational vehicle. Separate sewer, water or electric service hookups shall not be provided to individual camp sites except that electrical service may be provided to yurts;

Transitional housing camps are further regulated by JCC § 19.99A.020(A).

Parks and playgrounds (a public park may be established consistent with the provisions of ORS 195.120, and include only the uses specified under OAR 660-034-0035 or 660-034-0040).

Reconstruction or modification of public roads and highways involving the removal or displacement of buildings but not resulting in the creation of new land parcels.

Renewable Energy Facility.

As used in this subsection (Y):

"Renewable energy facility"

means an electric power generating plant that generates electricity from a renewable energy source.

"Renewable energy facility" does not mean:

[1]

An energy facility as defined in ORS 469.300 (Definitions);

[2]

A solar photovoltaic power generation facility using:

[A]

One hundred acres or less located on high-value farmland as defined in ORS 195.300 (definitions for ORS 195.300 through 195.336);

[B]

One hundred acres or less located on land that is predominantly cultivated or that, if not cultivated, is predominantly composed of soils that are in capability classes I to IV, as specified by the National Cooperative Soil Survey operated by the Natural Resources Conservation Service of the United States Department of Agriculture; or

[C]

Three hundred twenty acres or less located on any other land;

[3]

A net metering facility as defined in ORS 757.300 (Net metering facility allowed to connect to public utility); or

[4]

A community solar project as defined in ORS 757.386 (Program for procurement of electricity from community solar projects).

An application for a land use permit to establish a renewable energy facility must be made under ORS 215.416 (Permit application). An applicant must demonstrate to the satisfaction of the County that the renewable energy facility meets the standards under subsection (Y)(3) of this section.

In order to issue a permit, the County shall require that the applicant:

Consult with the State Department of Fish and Wildlife, prior to submitting a final application to the County, regarding fish and wildlife habitat impacts and any mitigation plan that is necessary;

Conduct a habitat assessment of the proposed development site;

Develop a mitigation plan to address significant fish and wildlife habitat impacts consistent with the administrative rules adopted by the State Fish and Wildlife Commission for the purposes of implementing ORS 496.012 (Wildlife policy);

Follow administrative rules adopted by the State Fish and Wildlife Commission and rules adopted by the Land Conservation and Development Commission to implement the Oregon Sage-Grouse Action Plan and Executive Order 15-18;

Demonstrate that the construction and operation of the renewable energy facility, taking into account mitigation, will not result in significant adverse impacts to historic, cultural and archaeological resources that are:

[1]

Listed on the National Register of Historic Places under the National Historic Preservation Act (P.L. 89-665, 54 U.S.C. 300101 et seq.);

[2]

Inventoried in a local comprehensive plan; or

[3]

Evaluated as a significant or important archaeological object or archaeological site, as those terms are defined in ORS 358.905 (Definitions for ORS 358.905 through 358.961);

Demonstrate that the site for a renewable energy facility, taking into account mitigation, can be restored adequately to a useful, nonhazardous condition following permanent cessation of construction or operation of the facility and that the applicant has a reasonable likelihood of obtaining financial assurances in a form and amount satisfactory to the County to secure restoration of the site to a useful, nonhazardous condition;

Meet the general and specific standards for a renewable energy facility adopted by the Energy Facility Siting Council under ORS 469.470(2) (Powers and duties) and 469.501 (Energy facility siting, construction, operation and retirement standards) that the County determines are applicable; and

Provide the financial assurances described in subsection (Y)(3)(f) of this section in the form and at the time specified by the County.

Upon receipt of a reasonable cost estimate from the state agency or tribe, the applicant and County may jointly enter into a cost reimbursement agreement administered by the County with:

The State Department of Fish and Wildlife to receive comments under subsection (Y)(3)(a) of this section.

The State Historic Preservation Officer or any affected federally recognized Indian tribe to receive comments under subsection (Y)(3)(b) of this section.

The State Department of Energy to receive comments under subsections (Y)(3)(c) and (d) of this section as well as comments regarding other matters as the County may require.

A county that receives an application for a permit under this section shall, upon receipt of the application, provide notice to persons listed in subsection (Y)(6) of this section. The notice must include, at a minimum:

A description of the proposed renewable energy facility;

A description of the lots or parcels subject to the permit application;

The dates, times and locations where public comments or public testimony on the permit application can be submitted; and

The contact information for the governing body of the county and the applicant.

The notice required under subsection (Y)(5) of this section must be delivered to:

The State Department of Fish and Wildlife;

The State Department of Energy;

The State Historic Preservation Officer;

The Oregon Department of Aviation;

The United States Department of Defense; and

Federally recognized Indian tribes that may be affected by the application. [2019 c.650 § 4.]

Road, highway and other transportation facilities and improvements not allowed under JCC § 19.64.030 may be established subject to the adoption of an exception to Goal 3 and to any other applicable statewide planning goal with which the facility or improvement does not comply.

AA.

Road and highway facilities (improvement only), affecting facilities such as maintenance yards, weight stations and rest areas, where additional right-of-way is required but not resulting in the creation of new land parcels.

BB.

Solid waste disposal site approved by the governing body of a city or county or both and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation (new disposal sites shall not be authorized on property which is high-value farmland as defined in JCC § 19.11.100).

CC.

Schools as formerly allowed pursuant to ORS 215.283(1)(a) that were established on or before January 1, 2010, may be expanded if:

The expansion complies with ORS 215.296;

The school was established on or before January 1, 2009;

The expansion occurs on a tax lot:

On which the school was established; or

Contiguous to and, on January 1, 2015, under the same ownership as the tax lot on which the school was established;

The school is a public or private school for kindergarten through grade 12; and

The conditional use review criteria in this section are met.

DD.

Storage of up to seven log trucks.

EE.

Towers for transmitting signals that are over 200 feet in height.

FF.

Utility facilities for the purpose of generating power for public use by sale; a power generation facility shall not preclude more than 20 acres from use as a commercial agricultural enterprise unless an exception is taken pursuant to ORS 197.732 and OAR Chapter 660, Division 4.

(2005 RLDC § 64.040; Ord. 2012-003 (Exh. A); Ord. 2018-003 § 1; Ord. 2022-001 § 1; Ord. 2023-005 § 1)

§ 19.64.050 Temporary uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), subject to temporary use requirements (Chapter 19.43 JCC). All uses shall meet the applicable development standards listed in JCC § 19.64.095. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.

Medical hardship dwelling/detached living space, when the landowner signs and records a waiver of claim for relief or cause of action as provided for in JCC § 19.64.060(B).

Outdoor mass gathering involving less than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period.

Temporary storage of unoccupied manufactured dwelling.

(2005 RLDC § 64.050; Ord. 2018-003 § 1)

§ 19.64.060 General requirements for conditional uses and new dwellings.

In addition to the standards and criteria for conditional uses contained in Chapter 19.45 JCC, all conditional uses (JCC § 19.64.040) and new dwellings (JCC § 19.64.070) in the farm zones shall be reviewed against the following additional requirements:

The use or activities associated with the use will not force a significant change in or significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use; and

As a condition of approval of the use, the landowner for the dwelling shall sign and record in the County deed records a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937.

(2005 RLDC § 64.060)

§ 19.64.070 Standards and criteria for nonfarm dwellings.

Nonfarm single-family dwellings may be authorized in the farm zones using quasi-judicial review procedures (JCC § 19.22.040). The governing standards and criteria for review and approval shall be those listed in JCC § 19.64.060, and the ones that are identified pursuant to the applicable requirements listed below. New nonfarm dwellings are also subject to applicable development standards contained in JCC § 19.64.095. In all cases, a development permit (Chapter 19.41 JCC) is required for final permit approval.

Dwellings Not in Conjunction with Farm Use (Nonfarm Dwellings). One single-family residential dwelling not provided in conjunction with commercial farm use, based on findings demonstrating that all of the following requirements are met:

The dwelling is situated upon a lot or parcel, or a portion of a lot or parcel, that is generally unsuitable land for the production of farm crops and livestock or merchantable tree species, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract, subject to the following additional rules:

A lot or parcel or portion of a lot or parcel shall not be considered unsuitable solely because of size or location if it can reasonably be put to farm or forest use in conjunction with other land; and

A lot or parcel or portion of a lot or parcel is not "generally unsuitable" simply because it is too small to be farmed profitably by itself. If a lot or parcel or portion of a lot or parcel can be sold, leased, rented or otherwise managed as a part of a commercial farm or ranch, then the lot or parcel or portion of the lot or parcel is not "generally unsuitable." A lot or parcel or portion of a lot or parcel is presumed to be suitable if it is composed predominantly of class I – IV soils. Just because a lot or parcel or portion of a lot or parcel is unsuitable for one farm use does not mean it is not suitable for another farm use; or

If the parcel is under forest assessment, the dwelling shall be situated upon generally unsuitable land for the production of merchantable tree species recognized by the forest practices rules, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the parcel. In addition:

[1]

If a lot or parcel is under forest assessment, the area is not "generally unsuitable" simply because it is too small to be managed for forest production profitably by itself. If a lot or parcel under forest assessment can be sold, leased, rented or otherwise managed as a part of a forestry operation, it is not "generally unsuitable."

[2]

If a lot or parcel is under forest assessment, it is presumed suitable if it is composed predominantly of soils capable of producing 50 cubic feet of wood fiber per acre per year;

If a lot or parcel is under forest assessment, a finding must be made that the dwelling is compatible with and will not seriously interfere with forest uses on surrounding lands, and will not force a significant change in forest practices or significantly increase the cost of those practices on the surrounding lands.

The dwelling will not materially alter the stability of the overall land use pattern of the area. In determining whether a proposed nonfarm dwelling will alter the stability of the land use pattern in the area, a county shall consider the cumulative impact of nonfarm dwellings on other lots or parcels in the area similarly situated by applying the standards contained in OAR 660-033-0130(4)(c)(C). If the application involves the creation of a new parcel for the nonfarm dwelling, the standards contained in the administrative rule shall also be applied to determine whether creation of the parcel will lead to creation of other nonfarm parcels, which cumulatively will result in the material alteration of the overall land pattern in the area.

The dwelling will be sited on a lot or parcel created before January 1, 1993, or on a lot or parcel created after January 1, 1993, when the lot or parcel was created in conformance with the requirements of JCC § 19.64.090(C).

A nonfarm dwelling may not be approved on a lot or parcel that is already established with a single-family dwelling is established on a lot or parcel as a lot of record dwelling per subsection (B) of this section.

Submit proof that the lot or parcel has been disqualified for valuation for farm use pursuant to the requirement of ORS 215.236.

Lot of Record Dwellings. A dwelling may be approved as a limited lot of record dwelling, subject to the following requirements:

General Requirements.

The lot or parcel on which the dwelling will be sited was lawfully created and was acquired and owned continuously by the present owner:

[1]

Before and after January 1, 1985; or

[2]

By devise or by intestate succession from a person who acquired and had owned continuously the lot or parcel before and after January 1, 1985;

The tract on which the dwelling will be sited does not include a dwelling;

The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no dwelling exists on another lot or parcel that was part of that tract;

The proposed dwelling is not prohibited by, and will comply with, the requirements of the acknowledged comprehensive plan and land use regulations and other provisions of law;

The lot or parcel on which the dwelling will be sited is not high value farmland unless the further requirements of subsection (B)(2) of this section are satisfied;

When the lot or parcel on which the dwelling will be sited lies within an area designated in an acknowledged comprehensive plan as habitat of big game, the siting of the dwelling is consistent with the limitations on density upon which the acknowledged comprehensive plan and land use regulations intended to protect the habitat are based;

When the lot or parcel on which the dwelling will be sited is part of a tract, the remaining portions of the tract are consolidated into a single lot or parcel when the dwelling is allowed.

High Value Farmland – Option Number One. Notwithstanding the general requirement of subsection (B)(1)(e) of this section, a single-family dwelling may be sited on high value farmland if:

It meets the other requirements of subsections (B)(1)(a) and (b) of this section;

The lot or parcel is protected as high value farmland as defined in OAR 660-033-0020(8)(a); and

A hearings officer of a county determines that:

[1]

The lot or parcel cannot practicably be managed for farm use, by itself or in conjunction with other land, due to extraordinary circumstances inherent in the land or its physical setting that do not apply generally to other land in the vicinity. For the purposes of this section, this criterion asks whether the subject lot or parcel can be physically put to farm use without undue hardship or difficulty because of extraordinary circumstances inherent in the land or its physical setting. Neither size alone nor a parcel's limited economic potential demonstrate that a lot of parcel cannot be practicably managed for farm use. Examples of "extraordinary circumstances inherent in the land or its physical setting" include very steep slopes, deep ravines, rivers, streams, roads, railroad or utility lines or other similar natural or physical barriers that by themselves or in combination separate the subject lot or parcel from adjacent agricultural land and prevent it from being practicably managed for farm use by itself or together with adjacent or nearby farms. A lot or parcel that has been put to farm use despite the proximity of a natural barrier or since the placement of a physical barrier shall be presumed manageable for farm use.

[2]

The dwelling will not:

[A]

Force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or

[B]

Significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use.

[3]

The dwelling will not materially alter the stability of the overall land use pattern in the area by applying the requirements contained in subsection (A)(2) of this section.

Written notice shall be mailed at least 20 calendar days prior the public hearing before the hearings officer to the State Department of Agriculture.

High Value Farmland – Option Number Two. Notwithstanding the general requirement of subsection (B)(1)(e) of this section, a single-family dwelling may be sited on high value farmland if:

It meets the other requirements of subsections (B)(1)(a) and (b) of this section.

The tract on which the dwelling will be sited is:

[1]

Not high value farmland defined because the land in the tract is composed of soils that are classified other than prime, unique, or class I or II, when either irrigated or not irrigated.

[2]

Twenty-one acres or less in size.

The tract meets one of the following locational requirements:

[1]

It is bordered on at least 67 percent of its perimeter by tracts that are smaller than 21 acres, and at least two such tracts had dwellings on January 1, 1993; or

[2]

The tract is not a flag lot and is bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract. Up to two of the four dwellings may lie within an urban growth boundary, but only if the subject tract abuts an urban growth boundary; or

[3]

The tract is a flag lot and is bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract and on the same side of the public road that provides access to the subject tract. The governing body of a county must interpret the center of the subject tract as the geographic center of the flag lot if the applicant makes a written request for that interpretation and that interpretation does not cause the center to be located outside the flag lot. Up to two of the four dwellings may lie within the urban growth boundary, but only if the subject tract abuts an urban growth boundary. As used in this subsection:

[A]

"Flag lot" means a tract containing a narrow strip or panhandle of land providing access from the public road to the rest of the tract.

[B]

"Geographic center of the flag lot" means the point of intersection of two perpendicular lines of which the first line crosses the midpoint of the longest side of a flag lot, at a 90-degree angle to that side, and the second line crosses the midpoint of the longest adjacent side of the flag lot.

Miscellaneous Requirements. The following additional requirements shall apply to the review and approval of all lot of record dwellings:

For purposes of administering the lot of record test, "owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, nephew, stepparent, stepchild, grandparent or grandchild of the owner or a business entity owned by any one or a combination of these family members;

The County Assessor shall be notified that the governing body intends to allow the dwelling;

When a local government approves an application for a single-family dwelling under the lot of record test, the application may be transferred by the owner to any other person after the effective date of the land use decision.

Time Limit and Extension of Dwelling Permits. Notwithstanding the requirements of JCC § 19.41.030, Time limit, extension and expiration of permits, land use permits approvals for dwellings within the farm zones shall be valid for four years from the date findings of approval are signed, and an extension of the permit shall be valid for two years.

(2005 RLDC § 64.070)

§ 19.64.080 Siting standards.

The placement of dwellings shall be located on the least productive, buildable portion of the parcel taking into consideration terrain, adverse soil or land conditions, drainage and flooding, access, vegetation, location and the size of the tract. If the parcel is under forest assessment, the dwelling shall be sited upon generally unsuitable land for the production of merchantable tree species recognized under the forest practice rules. The following will be required:

Drawing Requirements.

A site map of the property which shows the township, range, section and tax lot numbers held in ownership by the property owner;

All physical features on the site which are of significance with regard to review of the above application process including steep slopes, access roads, existing buildings and structures, and other improvements;

The proposed location of new dwellings to be placed on the site.

Siting Requirements.

The dwelling or activities associated with the dwelling will not force a significant change in or significantly increase the cost of accepted farming or forest practices on nearby lands devoted to farm or forest use;

A lot or parcel shall not be considered unsuitable solely because of size or location if it can reasonably be put to farm or forest use in conjunction with other land;

If the parcel is under forest assessment, the dwelling shall be sited upon generally unsuitable land for the production of merchantable tree species recognized under the forest practice rules considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the parcel;

The dwelling will not materially alter the stability of the overall land use pattern of the area; and

If the dwelling is established under JCC § 19.64.070(A) or (B), then additional dwellings may not be approved or sited.

(2005 RLDC § 64.080)

§ 19.64.090 Special requirements for land divisions.

The minimum parcel size for all new land divisions in the farm zones shall be 80 acres unless a smaller size is authorized by an applicable provision of this section. In addition to the land division requirements contained elsewhere in this chapter, or in Division V of this title, the following additional rules shall apply to land divisions within the farm zones. Also, no land division for the uses described in subsections (B), (C), (D) and (E) of this section shall be approved unless any additional tax imposed for the change in use has been paid.

Parcels for Farm Uses. A land division to create a parcel for farm use (as defined in ORS 215.203) shall result in parcels that are 80 acres or larger.

Parcels for Nonfarm Uses. A land division to create a parcel for any use listed JCC § 19.64.040 (Conditional uses) may be for a size less than 80 acres provided a finding is made the smaller size is not larger than the minimum size necessary for the use.

Parcels for Dwellings Not in Conjunction with Farm Uses. Land divisions for dwellings not in conjunction with farm uses may be approved to create:

Up to two new parcels smaller than the minimum size of 80 acres if:

The parcels for the nonfarm dwellings are divided from a lot or parcel that was lawfully created prior to July 1, 2001;

The parcels for the nonfarm dwellings are divided from a lot or parcel that complies with the minimum size of 80 acres or larger;

The remainder of the original lot or parcel that does not contain the nonfarm dwellings remains 80 acres or larger; and

The parcels for the nonfarm dwellings are generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land.

Two parcels if:

The parcels for the nonfarm dwellings are divided from a lot or parcel that was lawfully created prior to July 1, 2001;

The parcels for the nonfarm dwellings are divided from a lot or parcel that is equal to or smaller than 80 acres but not less 40 acres;

The parcels for the nonfarm dwellings are:

[1]

Not capable of producing more than at least 50 cubic feet per acre per year of wood fiber; and

[2]

Composed of at least 90 percent class VI through VIII soils;

The parcels for the nonfarm dwellings do not have established water rights for irrigation; and

This section does not apply to the creation or sale of cemetery lots if a cemetery is within the boundaries designated for a farm use zone at the time the zone is established. This section also does not apply to divisions of land resulting from lien foreclosures or from foreclosure of recorded contracts for the sale of real property.

Parcels for Residential Homes. A land division may be approved for an existing residential home as described in ORS 197.660(2) if the dwelling has been or is approved as a dwelling not in conjunction for farm use, or the dwelling is a replacement for a dwelling that is listed in the County's inventory as a historic property pursuant to JCC § 19.64.030(B).

Parcels for Providers of Public Parks or Open Spaces or Conservation Organizations. A land division may be allowed for a provider of a public park or open space, or a not-for-profit land conservation organization, to permit the purchase of at least one of the resulting parcels when:

One of the parcels is large enough to support the continued residential use of an existing dwelling; and

The parcel that does not contain a dwelling meets the following requirements:

It is not eligible for siting a dwelling except as may be authorized within state parks pursuant to ORS 195.120; and

May not be considered in approving or denying an application for siting any other dwelling; and

May not be considered in approving a redesignation or rezoning to allow a public park, open space or other natural resource use; and

May not be smaller than 25 acres unless the purpose of the land division is:

[1]

To facilitate the creation of a wildlife or pedestrian corridor or the implementation of a wildlife habitat protection plan; or

[2]

To allow a transaction in which at least one party is a public park or open space provider, or a not-for-profit land conservation organization, that has cumulative ownership of at least 2,000 acres of open space or park property.

Churches. A land division may be approved to establish a church, including cemeteries in conjunction with the church, at sizes less than 80 acres if:

The church has been approved pursuant to JCC § 19.64.035(D);

The newly created lot or parcel is not larger than five acres; and

The remaining lot or parcel, not including the church, is 80 acres or larger either by itself or by consolidation with another lot or parcel.

(2005 RLDC § 64.090)

§ 19.64.095 Property development standards.

Permit Review Requirements.

Basic review provisions – Chapter 19.20 JCC;

Pre-application review – Chapter 19.21 JCC;

Permit review procedures – Chapter 19.22 JCC;

Basic application requirements – Chapter 19.40 JCC;

Administration of permits – Chapter 19.41 JCC;

Site plan review – Chapter 19.42 JCC;

Temporary uses – Chapter 19.43 JCC;

Variances – Chapter 19.44 JCC;

Conditional uses – Chapter 19.45 JCC.

Property Development Standards.

Minimum lot size – 80 acres (some exceptions allowed per JCC § 19.64.090);

Minimum lot width for new parcels:

Two hundred feet for nonfarm dwellings;

Three hundred feet for all farm and forest uses;

Minimum width necessary to accommodate conditional uses approved per JCC § 19.64.090(B).

Setbacks – Front (30 feet); rear (30 feet); side (30 feet).

Access and transportation – See Chapter 19.81 JCC.

Airport overlay – See Chapter 19.69D JCC.

Archaeological resources – See Chapter 19.93 JCC.

Building size, accessory heights, setbacks, yard dimensions – See Chapter 19.72 JCC.

Erosion, sediment, storm drainage facilities – See Chapter 19.83 JCC.

Deer overlay – See Chapter 19.69B JCC.

10.

Fences, wall and screens – See Chapter 19.73 JCC.

11.

Flood hazard overlay – See Chapter 19.69A JCC.

12.

Historic resources – See Chapter 19.94 JCC.

13.

Mineral and aggregate resources – See JCC § 19.72.040(A) and Chapter 19.91 JCC.

14.

Parking – Chapter 19.75 JCC.

15.

RV parks, lodges and campgrounds – See Chapter 19.98 JCC.

16.

Signs – See Chapter 19.74 JCC.

17.

Solid waste – See Chapter 19.86 JCC.

18.

Stream setbacks – See Chapter 19.72 JCC.

19.

Utilities – See Chapter 19.85 JCC.

20.

Water hazard overlay – See Chapter 19.69E JCC.

21.

Water standards – See Chapter 19.84 JCC.

22.

Wild and scenic rivers overlay – See Chapter 19.69 JCC.

(2005 RLDC § 64.095)

§ 19.65.010 Purpose.

The forest commercial and woodlot resource zones (hereinafter called "forest zones") are intended to implement the goals and policies of the Josephine County comprehensive plan by conserving and protecting lands for forest uses. The forest zones are designed to provide a classification for commercial forest lands in private ownerships and for public lands administered by forest management agencies, encourage the management of commercial forest lands as a stable timber base, and to conserve natural resources by reducing hazards. This zone is consistent with Statewide Planning Goal 4 for conservation of forest lands. The forest zones are intended to facilitate the right to conduct forest practices consistent with the forest practices act and to encourage and promote the development and conservation of natural resources. Normal forest management, mining, or agricultural practices shall not be considered a nuisance condition in these zones or bordering zones; provided, that such actions are consistent with the standards of the Oregon Forest Practices Act and do not extend beyond the boundaries of the forest zones. Nothing in this regulation is intended to interfere with normal forestry or agricultural practices that might result in conditions such as noise, dust or odor. Residents of this zone must recognize that the intent of the zone is to protect resource management activities and that in the event of a conflict between residential use and normal forestry or agricultural practices, this title will be interpreted in favor of the resource management practice.

(2005 RLDC § 65.010)

§ 19.65.020 Outright uses.

The following uses shall be allowed outright on lands in the forest zones. No permit or authorization is required to conduct the uses. Structures placed in conjunction with outright uses shall be permitted using ministerial review procedures (Chapter 19.22 JCC), be subject to the applicable development standards of JCC § 19.65.100, and require a development permit (Chapter 19.41 JCC) for final permit approval for structures only.

Outright Uses Pursuant to Forest Practices Act.

Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals, and disposal of slash;

Temporary on-site structures which are auxiliary to and used during the term of a particular forest operation;

Physical alterations to the land auxiliary to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities;

For the purposes of subsections (A)(2) and (3) of this section, "auxiliary" means a use or alteration of a structure or land which provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, temporary in nature, and is not designed to remain for the forest's entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded.

Other Outright Uses.

An agricultural building, as defined in ORS 455.315 (Exemption of agricultural buildings, agricultural grading and equine facilities), customarily provided in conjunction with farm use or forest use. A person may not convert an agricultural building authorized by this section to another use;

Alteration, restoration or replacement of a lawfully established dwelling that:

Has intact exterior walls and roof structures;

Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

Has interior wiring for interior lights;

Has a heating system; and

In the case of replacement, is removed, demolished or converted to an allowable nonresidential use within three months of the completion of the replacement dwelling;

Caretaker residences for public parks and public fish hatcheries;

Conservation of soil, air and water quality and to provide for wildlife and fisheries resources;

Destination resorts per ORS 197.435 through 197.465 and Statewide Goal 8;

Dump truck parking as provided in ORS 215.311 (Log truck parking in exclusive farm use zones);

Geothermal, gas, oil and other associated hydrocarbons exploration, including placement and operation of compressors, separators and other customary production equipment for individual well adjacent to the wellhead;

Farm use as defined in ORS 215.203;

Fish and wildlife enhancement structures (uninhabitable);

10.

Forest labor temporary camps;

11.

Forest products, primary processing with temporary portable facility;

12.

Hunting and fishing private operations without lodging;

13.

Mineral and aggregate resources exploration as defined in ORS Chapter 517;

14.

Towers and fire stations for forest fire protection;

15.

Utility distribution lines (e.g., electric, telephone, natural gas) and accessory equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment which provides service hookups, including water service hookups;

16.

Water intake facilities, canals and distribution lines for farm irrigation and ponds;

17.

Widening of roads within existing rights-of-way in conformance with the transportation element of acknowledged comprehensive plans including public road and highway projects as follows:

Climbing and passing lanes within the right-of-way existing as of July 1, 1987;

Reconstruction or modification of public roads and highways, including the placement of utility facilities overhead and in the subsurface of public roads and highways along the public right-of-way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new parcels of land result;

Temporary public roads and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed; or

(2005 RLDC § 65.020; Ord. 2023-005 § 1)

§ 19.65.030 Permitted uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC). All uses shall also meet the applicable development standards listed in JCC § 19.65.100. In all cases, a development permit (Chapter 19.41 JCC) is required as final permit approval.

Alteration, restoration or replacement of a lawfully established dwelling that:

Has intact exterior walls and roof structures;

Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

Has interior wiring for interior lights;

Has a heating system; and

In the case of replacement, is removed, demolished or converted to an allowable nonresidential use within three months of the completion of the replacement dwelling.

Forest labor camps (temporary).

Type I and Type II home occupations, subject to Chapter 19.92 JCC.

(2005 RLDC § 65.025; Ord. 2012-003 (Exh. A))

§ 19.65.040 Conditional uses.

The following uses, with accessory uses, shall be authorized using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for conditional uses (Chapter 19.45 JCC) and site plan review (Chapter 19.42 JCC). All uses shall also meet the applicable development standards listed in JCC § 19.65.100. A development permit (Chapter 19.41 JCC) shall be required as the final permit approval.

Airport expansions (existing only).

Asphalt and concrete batch plants as accessory uses to specific highway projects that are temporary.

Cemeteries.

Communication facilities for television, microwave and radio facilities, to include transmission towers.

Destination resorts reviewed and approved pursuant to ORS 197.435 to 197.465, Statewide Goal 8 and Chapter 19.96 JCC.

Electric transmission lines that are new, to include right-of-way widths of up to 100 feet as specified in ORS 772.210.

Exploration for and production of geothermal, gas, oil, and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead.

Exploration for mineral and aggregate resources as defined in ORS Chapter 517.

Fire stations and towers for forest fire protection.

Fire stations for rural fire protection.

Firearms training facility.

Fishing accommodations for private use occupied on a temporary basis may be allowed subject to the following requirements:

Accommodations limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code;

Only minor incidental and accessory retail sales are permitted;

The accommodations are occupied temporarily only for the purpose of fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission;

The accommodations must be located within one-quarter mile of fish bearing class I waters.

Forest products processing – A permanent facility for primary processing that is:

Located in a building or buildings that do not exceed 10,000 square feet in total floor area; or

Located in an outdoor area that does not exceed one acre excluding laydown and storage yards; or

Located in a combination of indoor and outdoor areas described in subsections (M)(1) and (M)(2) of this section; and

Adequately separated from surrounding properties to reasonably mitigate noise, odor, and other impacts generated by the facility that adversely affect forest management and other existing uses, as determined by the Director.

Forest management research and experimentation facilities as defined by ORS 526.215 or where accessory to forest operations.

Type III home occupations, as defined in ORS 215.448, and subject to Chapter 19.92 JCC.

Hunting operations for private use that include seasonal accommodations, subject to the following special requirements:

The accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code;

Only minor incidental and accessory retail sales are permitted; and

The accommodations are occupied temporarily for the purpose of hunting during game bird and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission.

Hunting and fishing operations for private use without lodging accommodations.

Log scaling and weigh stations.

Logging equipment repair and storage that is permanent.

Mass gatherings of more than 3,000 persons which continue or can reasonably be expected to continue for more than 120 hours within any three-month period and any part of which is held in open spaces, subject to planning commission review under Chapter 19.24 JCC, as authorized by ORS 433.763.

Mining and processing of oil, gas, or other subsurface resources, as defined in ORS Chapter 520, and not otherwise permitted under OAR 660-006-0025(3)(m) (e.g., compressors, separators and storage serving multiple wells), and mining and processing of aggregate and mineral resources as defined in ORS Chapter 517.

Navigation and aviation aids.

Parks and campgrounds for private use, subject to the following special rules regarding campgrounds:

Campgrounds in private parks shall only be those allowed by this subsection (W);

Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR Chapter 660, Division 4;

A campground is an area devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for recreational use by the occupants of the campground;

Campsites may be occupied by a tent, travel trailer, yurt or recreational vehicle. Separate sewer, water or electric service hook-ups shall not be provided to individual camp sites, and intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations are prohibited;

Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive six-month period;

Separate sewer, water or electric service hook-ups may be provided to individual yurts when they meet the following requirements:

No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt; and

The yurt shall be located on the ground or on a wood floor with no permanent foundation; and

The Land Conservation and Development Commission may provide by rule for an increase in the number of yurts allowed on all or a portion of the campgrounds in Josephine County if the Commission determines that the increase will comply with the standards described in ORS 215.296(1).

As used here, "yurt" means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-up or internal cooking appliance.

Parks for public use that include only those uses specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable.

Public road and highway projects and transportation facilities and improvements not allowed under JCC § 19.65.020(B)(15).

Reservoirs and water impoundments.

AA.

Solid waste disposal site approved by the Director of Planning and for which the Oregon Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation and shall comply with the following requirements:

The facility shall be designed to minimize conflicts with existing and permitted uses allowed under plan designations for adjacent parcels as outlined in policies of the comprehensive plan.

The facility must be of a size and design to minimize noise or other detrimental effects when located adjacent to farm, forest and grazing dwellings(s) or a residential zone.

The facility shall be fenced when the site is located adjacent to dwelling(s) or a residential zone and landscaping, buffering and/or screening shall be provided.

The facility does not constitute an unnecessary fire hazard. If located in a forested area, the County shall condition approval to ensure that minimum fire safety measures will be taken, which may include but are not limited to the following:

The area surrounding the facility is kept free from litter and debris.

Fencing will be installed around the facility, if deemed appropriate to protect adjacent farm crops or timber stand.

If the proposed facility is located in a forested area, construction materials shall be fire resistant or treated with a fire retardant substance and the applicant will be required to remove forest fuels within 30 feet of structures.

The facility shall adequately protect fish and wildlife resources by meeting minimum Oregon State Department of Forestry regulations.

Access roads or easements for the facility shall be improved to the County's transportation system plan standards and comply with grades recommended by the Public Works Director.

Road construction for the facility must be consistent with the intent and purposes set forth in the Oregon Forest Practices Act to minimize soil disturbance and help maintain water quality.

Hours of operation for the facility shall be limited to 8:00 a.m. to 7:00 p.m.

Comply with other conditions deemed necessary.

BB.

Utility facilities for the purpose of generating power shall not preclude more than 10 acres from use as a commercial forest operation unless an exception is taken pursuant to OAR Chapter 660, Division 4.

CC.

Utility distribution lines (e.g., gas, oil, geothermal, telephone, fiber optic cable) with rights-of-way 50 feet or less in width.

DD.

Water intake facilities, related treatment facilities, pumping stations, and distribution lines.

EE.

Youth camps, subject to the limitations and requirements contained in OAR 660-006-0031.

(2005 RLDC § 65.030; Ord. 2012-003 (Exh. A); Amended by Planning Director, 10-28-2016; Ord. 2023-005 § 1)

§ 19.65.050 Temporary uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), subject to temporary use requirements (Chapter 19.43 JCC). All uses shall meet the applicable development standards listed in JCC § 19.61.040. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.

Medical hardship dwelling/detached living space, subject to a written conflict statement or contract as specified in JCC § 19.65.060(C).

Outdoor mass gathering as defined in ORS 433.735 or other gathering of fewer than 3,000 persons that is not anticipated to continue for more than 120 hours in any three-month period.

(2005 RLDC § 65.050; Ord. 2018-003 § 1)

§ 19.65.060 General criteria for conditional uses and new dwellings.

In addition to the criteria for conditional uses contained in Chapter 19.45 JCC, all conditional uses in the forest zones shall be reviewed against the following additional requirements:

The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agriculture or forest lands;

The proposed use will not significantly increase fire hazard or significantly increase fire suppression costs or significantly increase risks to fire suppression personnel; and

For private parks and campgrounds, reservoirs and water impoundments, home occupations, medical hardship dwellings/detached living spaces, and fishing accommodations for private use, a written statement recorded with the deed or written contract with the County or its equivalent is obtained from the landowner which recognizes the rights of adjacent and nearby landowners to conduct forest operations consistent with the Forest Practices Act and rules.

(2005 RLDC § 65.060; Ord. 2018-003 § 1)

§ 19.65.070 Standards and criteria for new dwellings.

New single-family dwellings may be authorized in the forest zones using quasi-judicial review procedures. The governing standards and criteria for review and approval shall be those listed in JCC § 19.65.060, and the ones that are identified pursuant to the applicable requirements listed below. All uses shall also meet the applicable development standards listed in JCC § 19.65.100. A development permit shall be required as the final permit approval (Chapter 19.41 JCC).

The Lot of Record Test. A dwelling may be sited under the lot of record test when the following rules are met:

The lot or parcel on which the dwelling will be sited was lawfully created and either:

The present owner acquired the lot or parcel before January 1, 1985, and has continuously owned it since then; or

The present owner acquired the lot or parcel by devise or by intestate succession after January 1, 1985, from someone who continuously owned the same lot or parcel from before January 1, 1985; and

Tract ownership requirements:

If the lot or parcel is currently part of a tract, then a lot of record dwelling can be approved only if all of the other lots or parcels within the tract are not improved with dwellings; and

If the lot or parcel existed as part of a tract on November 4, 1993, but is no longer a part of that tract, then a lot of record dwelling can be approved only if all of the other lots or parcels that were a part of the tract are unimproved with dwellings; and

When the lot or parcel upon which the dwelling will be sited is part of a tract, the remaining portions of the tract shall be consolidated into a single lot or parcel when the dwelling is allowed; and

The tract upon which the dwelling will be located is composed of soil that is not capable of producing 5,000 cubic feet per year of commercial tree species and is located within 1,500 feet of a public road, as defined under ORS 368.001, that provides or will provide access to the subject tract. The road shall be maintained and either paved or surfaced with rock and shall not be:

A United States Bureau of Land Management road; or

A United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency; and

When the lot or parcel on which the dwelling will be sited lies within an area designated in an acknowledged comprehensive plan as habitat of big game, the siting of the dwelling shall be consistent with the limitations on density upon which the acknowledged comprehensive plan and land use regulations intended to protect the habitat are based; and

For the purposes of the lot of record test, "owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent or grandchild of the owner or a business entity owned by any one combination of these family members.

The Large Tract Test. If a dwelling is not allowed under the lot of record test, a dwelling may be allowed on land zoned for forest use if:

It complies with all applicable provisions of law and is sited on a tract that does not include a dwelling; and

The tract consists of at least 160 contiguous acres, or 200 noncontiguous acres in one ownership in the same county or contiguous counties; and

A deed restriction has been executed and recorded that complies with the requirements of subsection (G) of this section that encumbers all other lots or parcels that comprise the tract used to meet the acreage test; and

A tract shall not be considered to consist of less than 160 acres because it is crossed by a public road or a waterway.

The Template Test. If a dwelling is not allowed under the lot of record or the large tract tests, a dwelling may be allowed only if the following rules are met:

The parcel is primarily composed of soils that are:

Capable of producing zero to 49 cubic feet per acre per year of wood fiber and:

[1]

All or part of at least three other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered (mathematical centroid) on the subject tract (as used in this section, "centered on the subject tract" means the mathematical centroid of the tract); and

[2]

At least three dwellings existed on January 1, 1993, and continue to exist, on the other lots or parcels; or

Capable of producing 50 to 85 cubic feet per acre per year of wood fiber if:

[1]

All or part of at least seven other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered (mathematical centroid) on the subject tract (as used in this section, "centered on the subject tract" means the mathematical centroid of the tract); and

[2]

At least three dwellings existed on January 1, 1993, and continue to exist, on the other tracts or parcels; or

Capable of producing more than 85 cubic feet per acre per year of wood fiber if:

[1]

All or part of at least 11 other lots or parcels that existed on January 1, 1993, are within a 160-acre square centered (mathematical centroid) on the subject tract (as used in this section, "centered on the subject tract" means the mathematical centroid of the tract); and

[2]

At least three dwellings existed on January 1, 1993, and continue to exist, on the other tracts or parcels.

Lots or parcels within an urban growth boundary may not be used to satisfy the template test.

A proposed dwelling is not allowed if the tract upon which the dwelling will be sited already includes a dwelling.

If a tract abuts a road that existed on January 1, 1993, or a perennial stream, the measurement may be made by creating a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is to the maximum extent possible, aligned with the road or stream.

If a tract 160 acres or larger described under subsection (C)(2) or (3) of this section abuts a road or perennial stream, the measurement shall be made in accordance with this subsection (C)(5). However, one of the three required dwellings must be on the same side of the road or stream as the tract and:

Be located within a 160-acre rectangle that is one mile long and one-fourth mile wide centered on the center of the subject tract and that is, to the maximum extent possible, aligned with the road or stream; or

Be within one-quarter mile from the edge of the subject tract but not outside the length of the 160-acre rectangle, and on the same side of the road or stream as the tract.

The dwelling must comply with the wildfire safety siting standards contained in Chapter 19.76 JCC.

A deed restriction shall be executed and recorded as required by subsection (G) of this section that encumbers all other lots or parcels that comprise the tract used to meet the template test.

Notwithstanding subsection (C)(9)(a) of this section, if the acknowledged comprehensive plan and land use regulations require that a dwelling be located in a 160-acre square or rectangle described in subsections (C)(3) and (4) of this section or subsections (B) or (C) of this section, a dwelling is in the 160-acre square or rectangle if any part of the dwelling is in the 160-acre square or rectangle.

A proposed "template" dwelling under this rule is allowed only if:

It will comply with the requirements of an acknowledged comprehensive plan, acknowledged land use regulations, and other provisions of law; and

It complies with the requirements of ORS 215.730; and

No dwellings are allowed on other lots or parcels that make up the tract and deed restrictions established under subsection (B) of this section for the other lots or parcels that make up the tract are met; and

The tract on which the dwelling will be sited does not include a dwelling; and

The lot or parcel on which the dwelling will be sited was lawfully established; and

Any property line adjustment to the lot or parcel complied with applicable property line adjustment provisions in ORS 92.192; and

Any property line adjustment to the lot or parcel after January 1, 2019, did not have the effect of qualifying the lot or parcel for a dwelling under this section; and

If the lot or parcel on which the dwelling will be sited was part of a tract on January 1, 2019, no dwelling existed on the tract on that date, and no dwelling exists or has been approved on another lot or parcel that was part of the tract.

Subsections (C)(7)(e) through (h) of this section apply on and after November 1, 2021, in Josephine County.

Dwelling for Caretaker in a Public Park or Fish Hatchery. A single-family dwelling may be authorized within the forest zones for a caretaker's residence when the residence will be located on land dedicated and developed as a public park, and the residence is to be occupied by a caretaker and caretaker's family only.

Relative Forest Dwelling. A single-family dwelling may be authorized within the forest zones, provided:

The new single-family dwelling unit will be on a lot or parcel no smaller than the minimum size allowed; and

The new single-family dwelling unit will be on a lot or parcel that contains exactly one existing single-family dwelling unit that was lawfully:

In existence before November 4, 1993; or

Approved under ORS 215.130(6), 215.705, or 215.755; and

The shortest distance between any portion of the new single-family dwelling unit and any portion of the existing single-family dwelling unit is no greater than 200 feet; and

The lot or parcel is within a rural fire protection district organized under ORS Chapter 478; and

The new single-family dwelling unit complies with the Oregon specialty code relating to wildfire hazard mitigation; and

As a condition of approval of the new single-family dwelling unit, in addition to requirements of OAR 660-006-0029(5)(e), the property owner agrees to acknowledge and record in the deed records in which the lot or parcel is located, one or more instruments containing irrevocable deed restrictions that:

Prohibit the owner and the owner's successors from partitioning the property to separate the new single-family dwelling unit from the lot or parcel containing the existing single-family dwelling unit; and

Require that the owner and the owner's successors manage the lot or parcel as a working forest under a written forest management plan, as defined in ORS 526.455, that is attached to the instrument; and

The existing single-family dwelling unit is occupied by the owner or a relative; and

The new single-family dwelling unit will be occupied by the owner or a relative; and

The owner or a relative occupies the new single-family dwelling unit to allow the relative to assist in the harvesting, processing or replanting of forest products or in the management, operation, planning, acquisition, or supervision of forest lots or parcel of the owner; and

If a new single-family dwelling unit is constructed under this section, the new or existing single-family dwelling unit is not to be used for vacation occupancy as defined in ORS 90.100; and

As used in this section, "owner or relative" means the owner of the lot or parcel, or a relative of the owner or the owner's spouse, including a child, parent, stepparent, grandchild, grandparent, stepgrandparent, sibling, stepsibling, niece, nephew, or first cousin of either.

Definitions. The following definitions shall apply when reviewing applications for new dwellings within the forest zones:

Commercial Tree Species.

Trees recognized under rules adopted pursuant to ORS 527.715 for commercial production.

Cubic Foot per Acre per Year.

The average annual increase in cubic foot volume of wood fiber per acre for fully stocked stands at the culmination of mean annual increment as reported by the USDA Soil Conservation Service (SCS). Where SCS data are not available or are shown to be inaccurate, an alternative method for determining productivity may be used. An alternative method must provide equivalent data and must be approved by the Department of Forestry.

Cubic Feet per Tract per Year.

The average annual increase in cubic foot volume of wood fiber per tract for fully stocked stands at the culmination of mean annual increment as reported by the USDA Soil Conservation Service (SCS). Where SCS data are not available or are shown to be inaccurate, an alternative method for determining productivity may be used. An alternative method must provide equivalent data and must be approved by the Department of Forestry.

Date of Creation and Existence.

When a lot, parcel or tract is reconfigured, pursuant to applicable law after November 4, 1993, the effect of which is to qualify a lot, parcel or tract for the siting of a dwelling, the date of the reconfiguration is the date of creation or existence. "Reconfigured" means any change in the boundary of the lot, parcel or tract.

Tract.

One or more contiguous lots or parcels in the same ownership. A tract shall not be considered to consist of less than the required acreage because it is crossed by a public road or waterway.

Covenants, Conditions and Restrictions. In cases where new dwellings are approved using the large tract or template tests, a "Covenants, Conditions and Restrictions" in conformance with Exhibit A of OAR Chapter 660, Division 6 has been recorded in the deed records for the County where the property or properties are located. In addition:

The "Covenants, Conditions and Restrictions" shall provide that it is irrevocable unless a statement of release is signed by an authorized representative of the appropriate county or counties, and then recorded in the deed records; and

Enforcement of the "Covenants, Conditions and Restrictions" may be undertaken by the Department of Land Conservation and Development or by the county or counties where the property is located that is subject to the recorded form; and

The failure to follow the requirements of this section shall not affect the validity of the transfer of property or the legal remedies available to buyers of property which is subject to the recorded form; and

The County Planning Director shall maintain a copy of the "Covenants, Conditions and Restrictions" filed in the County deed records pursuant to this section and a map or other record depicting tracts which do not qualify for the siting of new dwellings because of the recorded form.

Time Limits, Extensions and Expiration of Permits. Notwithstanding the requirements of JCC § 19.41.030, Time limit, extension and expiration of permits, land use permits approvals for dwellings within the forest zones shall be valid for four years from the date findings of approval are signed, and an extension of the permit shall be valid for two years.

(2005 RLDC § 65.070; Ord. 2023-005 § 1)

§ 19.65.080 Siting standards.

The placement of dwellings shall be located on the least productive, buildable portion of the parcel taking into consideration terrain, adverse soil and land conditions, access, vegetation, location and the size of the parcel. In making a placement determination, the following requirements shall apply:

Drawing Requirements. A site map that meets the following requirements shall be submitted and approved as a condition for the placement or replacement of dwellings in the forest zones:

The site map for the property shall show the township, range, section and tax lot numbers for all contiguous properties held in ownership by the property owner;

The site map shall show all physical features on the site which are of significance with regard to review of the above application process including steep slopes, access roads, existing buildings and structures, and other improvements;

The proposed location of the new or replacement dwelling, to include septic systems, water supplies and other utilities that will serve the dwelling.

Siting Requirements. New or replacement dwellings shall be sited so the site will:

Have the least impact on nearby or adjoining forest or farm lands;

Ensure adverse impacts on forest operations and accepted farm practices on the tract will be minimized;

Minimize the amount of forest lands used to site access roads, service corridors, the dwelling and structures;

Minimize the risks associated with wildfire; and

Meet the siting and fire safety requirements of Chapter 19.76 JCC.

Access Requirements. As a condition of approval, if the road access to a dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the United States Bureau of Land Management, or the United States Forest Service, then the applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance.

Stocking Requirements. Approval of a dwelling shall be subject to the following stocking requirements:

Approval of a dwelling requires the owner of the tract to plant a sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet Department of Forestry stocking requirements at the time specified in the Department of Forestry administrative rules, and the Planning Director shall notify the County Assessor of this condition at the time the dwelling is approved; and

If a lot or parcel is more than 10 acres in size, the dwelling shall not be approved until the owner submits a stocking survey report to the Assessor and the Assessor verifies the minimum stocking requirements have been met by the time required by Department of Forestry rules; and

Upon notification by the Assessor the Department of Forestry will determine whether the tract meets minimum stocking requirements of the Forest Practices Act. If the Department determines that the tract does not meet those requirements, the Department will notify the owner and the Assessor that the land is not being managed as forest land. The Assessor will then remove the forest land designation pursuant to ORS 321.359 and impose the additional tax pursuant to ORS 321.372; and

Waiver of Remonstrance. As a condition of approval for a new dwelling, the landowner shall sign and record in the Josephine County deed records a document that binds that landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937.

The applicant shall provide evidence to the Director that the domestic water supply is from a source authorized in accordance with the Water Resources Department's administrative rules for the appropriation of groundwater or surface water and not from a Class II stream as defined in the forest practices rules (OAR Chapter 629). For purposes of this section, "evidence of a domestic water supply" means:

Verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor's rights to appropriate water;

A water use permit issued by the Water Resources Department for the use described in the application; or

Verification from the Water Resources Department that a water use permit is not required for the use described in the application. If the proposed water supply is from a well and is exempt from permitting requirements under ORS 537.545, the applicant shall submit the well constructor's report to the County upon completion of the well.

As a condition of approval, if road access to the dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the U.S. Bureau of Land Management, or the U.S. Forest Service, then the applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance.

(2005 RLDC § 65.080; Amended by Planning Director, 10-28-2016; Ord. 2023-005 § 1)

§ 19.65.090 Standards for new or reconfigured lots or parcels.

In addition to the requirements of Division V of this title, the following standards shall apply to the creation or reconfiguration of lots or parcels within the forest zones.

The minimum lot size shall be 80 acres.

The minimum lot size of 80 acres may be reduced for the following outright uses listed in subsections JCC § 19.65.020(B)(3), (4) and (11), and the following conditional uses listed in JCC § 19.65.040(D), (J), (K), (M), (R), (S), (U), (V), (W), (X), (Z), (AA), (BB), and (DD), provided such uses have been approved and the land division thus created is the minimum size necessary for the use.

The minimum size for a parcel for an existing dwelling may be less than 80 acres when the following requirements are satisfied:

The parcel shall not be larger than five acres, except as necessary to recognize physical factors such as roads or streams, in which case the parcel shall not be larger than 10 acres; and

The dwelling existed prior to June 1, 1995; and

The remaining parcel, not containing the dwelling, meets the minimum land division standards of the forest zones; or

The remaining parcel, not containing the dwelling, is consolidated with another parcel, and together the parcels meet the minimum land division standards of the forest zones; and

The remaining parcel, not containing the dwelling, is not entitled to a dwelling unless authorized by subsequent law or goal; and

The minimum tract eligible under this subsection is 40 acres; and

The tract shall be predominantly in forest use and that portion in forest use qualified for special assessment under a program under ORS Chapter 321; and

The remainder of the tract shall not qualify for any uses allowed under ORS 215.283 that are not allowed on forest land.

The minimum size for a parcel for an existing dwelling may be less than 80 acres when the following requirements are satisfied:

At least two dwellings lawfully existed on the lot or parcel prior to November 4, 1993;

Each dwelling complies with the criteria for a replacement dwelling pursuant to JCC § 19.65.030(A);

Except for one lot or parcel, each lot or parcel created under this subsection is between two and five acres in size;

At least one dwelling is located on each lot or parcel created under this subsection;

The landowner of the resulting lots or parcels created under this subsection shall provide evidence that deed restrictions complying with the requirements of JCC § 19.65.070(F) have been executed and recorded; and

A lot or parcel may not be divided under this subsection if an existing dwelling on the lot or parcel was approved under a statute, an administrative rule or a land use regulation as defined in ORS 197.015 that required removal of the dwelling or that prohibited subsequent division of the lot or parcel.

The minimum size for a lot or parcel may be reduced to facilitate a forest practice as defined in ORS 527.620; however, the resulting parcels:

Shall not be eligible for siting of new dwelling;

Shall not serve as the justification for the siting of a future dwelling on other lots or parcels;

Shall not result in a parcel of less than 35 acres, except:

Where the purpose of the land division is to facilitate an exchange of lands involving a governmental agency; or

Where the purpose of the land division is to allow transactions in which at least one participant is a person with a cumulative ownership of at least 2,000 acres of forest land; and

If the division is made in conjunction with the creation of another parcel for a dwelling, the dwelling parcel shall not be less than a minimum lot or parcel size otherwise authorized by this chapter.

The owner(s) of any land that is divided below 80 acres pursuant to any of the provisions contained in this section, except those approved for development of a dwelling, shall record in the deed records for Josephine County a restriction that prohibits dwellings from being allowed on the parcel or parcels thus created, unless authorized by law or goal affecting land zoned for forest use.

The owner(s) of any land that is divided pursuant to any of the provisions contained in this section, shall sign and record in the deed records for Josephine County a statement that declares the owner(s) will not complain in the future about accepted farming or forest practices on nearby lands devoted to farm or forest use.

Width.

Every lot or land parcel shall have a minimum average width appropriate to the size of the parcel divided but in no case shall a lot be created with a width of less than 300 feet;

A vacant lot or land parcel having a width of less than 300 feet of record at the time of the passage of this title may be occupied by any use permitted in this section, provided all other laws and code requirements are met including lot of record requirements and setbacks.

The Director may not approve a property line adjustment of a lot or parcel in a manner that separates a temporary hardship dwelling, detached living space, or home occupation from the parcel on which the primary residential use exists.

(2005 RLDC § 65.090; Ord. 2023-005 § 1)

§ 19.65.100 Property development standards.

Permit Review Requirements.

Basic review provisions – Chapter 19.20 JCC.

Pre-application review – Chapter 19.21 JCC.

Permit review procedures – Chapter 19.22 JCC.

Basic application requirements – Chapter 19.40 JCC.

Administration of permits – Chapter 19.41 JCC.

Site plan review – Chapter 19.42 JCC.

Temporary uses – Chapter 19.43 JCC.

Variances – Chapter 19.44 JCC.

Conditional uses – Chapter 19.45 JCC.

Property Development Standards.

Minimum setback from property lines – Front: 30 feet; rear: 30 feet; side: 30 feet.

Access and transportation – See Chapter 19.81 JCC.

Airport overlay – See Chapter 19.69D JCC.

Archaeological resources – See Chapter 19.93 JCC.

Building size, accessory heights, setbacks, yard dimensions – See Chapter 19.72 JCC.

Erosion, sediment, storm drainage facilities – See Chapter 19.83 JCC.

Deer overlay – See Chapter 19.69B JCC.

Fences, wall and screens – See Chapter 19.73 JCC.

Flood hazard overlay – See Chapter 19.69A JCC.

10.

Historic resources – See Chapter 19.94 JCC.

11.

Mineral and aggregate resources – See JCC § 19.72.040(A) and Chapter 19.91 JCC.

12.

Parking – See Chapter 19.75 JCC.

13.

RV parks, lodges and campgrounds – See Chapter 19.98 JCC.

14.

Signs – See Chapter 19.74 JCC.

15.

Solid waste – See Chapter 19.86 JCC.

16.

Stream setbacks – See Chapter 19.72 JCC.

17.

Utilities – See Chapter 19.85 JCC.

18.

Water hazard overlay – See Chapter 19.69E JCC.

19.

Water standards – See Chapter 19.84 JCC.

20.

Wild and scenic rivers overlay – See Chapter 19.69C JCC.

(2005 RLDC § 65.095)

§ 19.66.010 Purpose.

The purpose of this zone is to implement the objectives of the Josephine County comprehensive plan to facilitate the use and development of aggregate resources. This zone sets out the standards which will allow the use and development of all land which is identified as aggregate resources consistent with Oregon Statewide Planning Goal 5. Josephine County recognizes the importance of protecting and utilizing the mineral and aggregate resources in the County. Residents of this zone should recognize that the intent of this zone is to protect resource activities and that in the event of a conflict between residential use and resource practices, this title will be interpreted in favor of the resource practice.

(2005 RLDC § 66.010)

§ 19.66.020 Permitted uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), unless site plan review is required (Chapter 19.42 JCC), in which case uses shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC). Uses shall also meet the applicable development standards listed in JCC § 19.66.030. In all cases except farm uses, a development permit shall be required as the final permit approval (Chapter 19.41 JCC).

Boat landings and docks;

Exploration, mining and processing of aggregate and other mineral resources or other subsurface resources, including development of geothermal resources;

Farm use;

Fire station;

Manufactured dwelling for a caretaker or night watchman;

Park and recreation facilities open to public use, excluding overnight camping facilities, but including golf courses and temporary marinas;

Permanent placement of cement and asphalt batching, rock processing and crushing;

Personal use landing strips, with the restriction that, due to the proximity of streams, the loading or unloading of toxic chemicals is prohibited;

Public utilities such as pipelines or transmission (lines) facilities, provided such utilities are floodproofed and stabilized from flotation.

(2005 RLDC § 66.020)

§ 19.66.030 Property development standards.

Permit Review Requirements.

Basic review provisions – Chapter 19.20 JCC.

Pre-application review – Chapter 19.21 JCC.

Permit review procedures – Chapter 19.22 JCC.

Basic application requirements – Chapter 19.40 JCC.

Administration of permits – Chapter 19.41 JCC.

Site plan review – Chapter 19.42 JCC.

Temporary uses – Chapter 19.43 JCC.

Variances – Chapter 19.44 JCC.

Conditional uses – Chapter 19.45 JCC.

Property Development Standards.

Minimum lot size – None.

Access and transportation – See Chapter 19.81 JCC.

Airport overlay – See Chapter 19.69D.

Archaeological resources – See Chapter 19.93 JCC.

Building size, accessory heights, setbacks, yard dimensions – See Chapter 19.72 JCC.

Erosion, sediment, storm drainage facilities – See Chapter 19.83 JCC.

Fences, wall and screens – See Chapter 19.73 JCC.

Flood hazard overlay – See Chapter 19.69A JCC.

Historic resources – See Chapter 19.94 JCC.

10.

Mineral and aggregate resources – See JCC § 19.72.040(A) and Chapter 19.91 JCC.

11.

Parking – See Chapter 19.75 JCC.

12.

RV parks, lodges and campgrounds – See Chapter 19.98 JCC.

13.

Signs – See Chapter 19.74 JCC.

14.

Solid waste – See Chapter 19.86 JCC.

15.

Stream setbacks – See Chapter 19.72 JCC.

16.

Utilities – See Chapter 19.85 JCC.

17.

Water hazard overlay – See Chapter 19.69E JCC.

18.

Water standards – See Chapter 19.84 JCC.

19.

Wild and scenic rivers overlay – See Chapter 19.69C JCC.

(2005 RLDC § 66.030)

§ 19.66A.010 Purpose.

The purpose of this zone is to implement the objectives of Josephine County comprehensive plan Goal 7, Policy 1, regarding the mining of significant mineral and aggregate resources within Josephine County. Lands that have been designated as a significant mineral or aggregate site and approved for mining pursuant to the requirements of OAR 660-023-0180 (Mineral and Aggregate Resources) must be placed within the MARZ. Significant aggregate sites located within the farm zones that qualify for review using conditional use procedures shall not be placed in the MARZ.

(2005 RLDC § 66.110; Ord. 2006-002 § 1(2))

§ 19.66A.020 Outright uses.

The following uses shall be allowed outright on lands in the MARZ. No permit or authorization is required to conduct these uses. Structures placed in conjunction with outright uses shall be permitted using ministerial review procedures (Chapter 19.22 JCC), be subject to the applicable development standards of JCC § 19.66A.080, and require a development permit (Chapter 19.41 JCC) for final approval.

Agriculture, farming, and related farm use, as defined in ORS 215.203;

Conservation and management of fish and wildlife resources;

Fish and wildlife habitat enhancement;

Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvest of forest tree species, application of chemicals, and the disposal of slash where such uses pertain to commercial forest activity:

If the volume of wood exceeds eight commercial truck loads per day, any access road, service road, or unpaved public road, while used for log hauling, shall receive daily dust abatement or shall be treated with an oil surfacing by the operator, for a distance of 500 feet from a surfaced road or highway or residence located on adjoining property;

If more than one commercial log-hauling operation uses the road for log hauling purposes, all operators shall be jointly responsible for dust abatement as previously described;

Temporary on-site structures and physical alterations to the land which are auxiliary to and used during the term of a particular forest operation or practice. Alterations include but are not limited to those made for the purposes of mineral exploration, mining, gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities.

For the purposes of this subsection, "auxiliary" means a use or alteration of a structure or land which provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, is temporary in nature, and is not designed to remain for the forest's entire growth cycle. An auxiliary structure is removed when a particular forest practice has concluded;

The creation of, restoration of or enhancement of wetlands;

Uses to conserve soil, air and water quality and watershed management.

(2005 RLDC § 66.120; Ord. 2006-002 § 1(2))

§ 19.66A.030 Permitted uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), unless site plan review is required (Chapter 19.42 JCC), in which case uses shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC). Uses shall also meet the applicable development standards listed in JCC § 19.66A.080. In all cases except farm uses, a development permit shall be required for final approval (Chapter 19.41 JCC).

Exploration for mineral and aggregate resources as defined in ORS Chapter 517;

Mining and processing of mineral and aggregate resources subject to the conditions under which mining is permitted in the MARZ approval, or the special property development standards contained in JCC § 19.91.030 (Special property development standards for aggregate operations);

Private hunting and fishing operations without any lodging accommodations;

Single-family dwellings (legal dwellings existing at the time the land is zoned in the MARZ only);

Temporary, portable facilities for the primary processing of forest products;

Uninhabitable structures accessory to fish and wildlife enhancement;

Water intake facilities, canals and distribution lines for farm irrigation and ponds.

(2005 RLDC § 66.130; Ord. 2006-002 § 1(2))

§ 19.66A.040 Conditional uses.

The following uses, with accessory uses, shall be authorized using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for conditional uses (Chapter 19.45 JCC) and site plan review (Chapter 19.42 JCC). All uses shall also meet the applicable development standards listed in JCC § 19.66A.080. A development permit (Chapter 19.41 JCC) shall be required for final approval.

Caretaker's or night watchman's manufactured dwelling when used in conjunction with the uses listed in JCC § 19.66A.020 (Outright uses), 19.66A.030 (Permitted uses) and this section;

Cement and asphalt batching, rock processing and crushing (requested independently of a mining operation approved under JCC § 19.66A.050, and subject to the special property development standards for aggregate operations specified in JCC § 19.91.030);

Kennels (conditional use – type 1 fee);

Home occupation (in conjunction with existing legal single-family dwelling only);

Log scaling and weigh stations;

Permanent facility for the primary processing of forest products;

Personal use landing strips used in conjunction with a use permitted by this section;

Propagation, cultivation, maintenance and harvesting of aquatic species;

Public and private utilities;

Solid waste disposal at site approved by the governing body of the County and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation.

(2005 RLDC § 66.140; Ord. 2006-002 § 1(2); Ord. 2022-001 § 1)

§ 19.66A.050 Placing land within the mineral and aggregate resource zone.

Only lands that are determined to be a significant mineral and aggregate site (including on-site buffer areas in the control of the mine operator or owner), and which have been authorized for mining pursuant to OAR 660-023-0180 (Mineral and Aggregate Resources) shall be placed within the MARZ. Significant aggregate sites approved within farm zones because the material to be mined is 500,000 tons or less shall not be placed in the MARZ. An application to designate lands within the MARZ shall meet the following requirements:

Application Requirements. An application to amend the comprehensive plan and zone maps shall be submitted with the required fees. The application content shall comply with JCC § 19.46.020 (Plan amendment application requirements) and with OAR 660-023-0180 (post-acknowledgment plan amendment application requirements). The application shall demonstrate compliance with the criteria contained in JCC § 19.45.030 (Review standards and criteria) and OAR 660-023-0180 (definition of significant site; impact area conflict minimization/resolution; limitation of new conflicting uses).

Impact Area Agreement. In addition to the application requirements specified in subsection (A) of this section, the application shall include an impact area agreement (IAA), if possible. The IAA, at a minimum, shall:

Establish an impact area that complies with the requirements of OAR 660-023-0180.

Describe the existing and potential uses within the impact area that will be adversely affected by proposed mining operations consistent with OAR 660-023-0180.

Contain agreed-upon measures that are designed to minimize conflicts between the proposed mining operation and existing uses within the impact area.

Contain an agreement about whether new conflicting uses will be allowed, limited or prevented, and how this will be accomplished.

Contain an agreed-upon list of operational standards for the mining operation. The standards may be the same or different from those contained in JCC § 19.91.030 (Special property development standards for aggregate operations), but they shall not conflict with the requirements of OAR 660-023-0180.

Contain an agreed-upon post-mining use of the site that complies with OAR 660-0230-0180.

Contain a process for modifying the agreement and/or resolving questions about the meaning or performance of the agreement.

Specify the duration of the agreement.

The IAA shall be binding between the operator and all property owners within the impact area who sign the agreement. As between the aggregate operator and property owners within the impact area who do not sign the agreement, the operation shall be subject to the provisions of JCC § 19.72.040(A) (Significant Mineral and Aggregate Site Setback Area), 19.91.030 (Special property development standards for aggregate operations), and provisions for limiting or preventing new conflicting uses within the impact area adopted in compliance with OAR 660-023-0180. When less than all of the impact area property owners sign the agreement, and a conflict exists between the standards specified in the IAA and the standards required by JCC § 19.72.040(A) and § 19.91.030, and it is not possible to perform both standards, the standards required by this subsection shall be performed.

10.

The IAA shall not replace the County's responsibility to address requirements to minimize conflicts or evaluate ESEE consequence for existing or new uses as required by OAR 660-023-0180. Nevertheless, the County Review Body may consider the IAA in performing its minimization and ESEE responsibilities and give the document the weight it deems appropriate. The terms and conditions from the IAA may be incorporated in the County's findings and decision to allow, limit or not allow mining.

11.

The IAA may be submitted with the application to mine or any time within 30 days after a completed application is accepted by the County.

Failure to Obtain an Impact Area Agreement. If the mine operator is unable to enter into an impact area agreement with any of the property owners within the impact area, documentation of the operator's efforts to reach such an agreement shall be submitted to the Planning Director with the application or within 30 days from the time when a completed application is accepted by the County. The documentation shall include:

Copies of certified mail receipts to all impact area property owners showing the arrangement of at least three meetings between the mine operator and impact area property owners; and

Copies of written or recorded minutes from the meetings described in subsection (C)(1) of this section, together with a written itemization of the time, date, location, and list of attendees. The minutes shall accurately represent the discussion and shall document any issues raised by parties and any response to these issues; and

The Review Body may require a written report by an independent and qualified professional mediator setting forth the history of the meetings and other relevant communications between the participants, to include an explanation and analysis of the unresolved issues.

Significant Riparian Corridors. Mining proposals considered under this section shall demonstrate that all conflicts with acknowledged significant riparian corridors have been minimized or resolved by an ESEE analysis. In addition to the notice requirements otherwise required by Divisions II and IV of this title, written notice shall be given to the Oregon Departments of Geology and Mineral Industries (DOGAMI), Division of State Lands (DSL), Environmental Quality (DEQ) and Fish and Wildlife (ODFW) for mining proposals that will impact an acknowledged significant riparian corridor.

(2005 RLDC § 66.150; Ord. 2006-002 § 1(2))

§ 19.66A.060 Special multi-agency review conference.

In addition to the requirements for a pre-application review contained in Chapter 19.21 JCC, the applicant is encouraged to hold a conference with the planning office and DOGAMI, DSL, DEQ and ODFW to determine the scope of issues, the need for any special studies (such as archaeological surveys, sensitive species inventories, or a channel stability analysis), and coordination of the application between involved agencies regarding the application. A goal of this conference is to minimize the applicant's expense during the initial County approval process while making all application materials available to affected state agencies.

(2005 RLDC § 66.160; Ord. 2006-002 § 1(2))

§ 19.66A.070 Site reclamation.

No mining operation authorized pursuant to this chapter shall commence without the operator furnishing to the Planning Director a copy of a DOGAMI operating permit and approved reclamation plan, or a certificate of exemption, issued pursuant to the requirements of ORS 517.750 through 517.900 (Reclamation of Mining Lands) and implementing administrative rules. The County shall defer to DOGAMI regarding all aspects of the reclamation plan and its administration. However, the reclamation plan shall be substantially consistent with the conceptual reclamation plan presented to the County during the application process to comply with OAR 660-023-0180 (Mineral and Aggregate Resources). For these reasons the applicant is encouraged to make concurrent applications with the County and DOGAMI.

(2005 RLDC § 66.170; Ord. 2006-002 § 1(2))

§ 19.66A.080 General property development standards.

Permit Review Requirements.

Basic review provisions – Chapter 19.20 JCC.

Pre-application review – Chapter 19.21 JCC.

Permit review procedures – Chapter 19.22 JCC.

Basic application requirements – Chapter 19.40 JCC.

Administration of permits – Chapter 19.41 JCC.

Site plan review – Chapter 19.42 JCC.

Variances – Chapter 19.44 JCC.

Conditional uses – Chapter 19.45 JCC.

Property Development Standards.

Access – See Chapter 19.81 JCC.

Aggregate standards – See Chapter 19.91 JCC.

Deer overlay – See Chapter 19.69B JCC.

Erosion and sediment control – See Chapter 19.83 JCC.

Flood hazard overlay – See Chapter 19.69A JCC.

Minimum lot size – No requirement.

Parking – See Chapter 19.75 JCC.

Setback requirements – See JCC § 19.72.040.

Utilities – See Chapter 19.85 JCC.

10.

Water standards – See Chapter 19.84 JCC.

(2005 RLDC § 66.180; Ord. 2006-002 § 1(2))

§ 19.67.010 Purpose.

The purpose of designating lands underlain by serpentinite or peridotite geologic units is to provide a management classification that will permit treatment of such lands based on land capability. The lands included in the serpentine zone are not commonly classified as commercial forest lands, agricultural lands, or rural residential lands, although, depending upon ownership and management objectives, serpentines have historically been used for all these purposes. This zone is designed to provide for the beneficial use of such lands as distinguished from other land types in Josephine County.

(2005 RLDC § 67.010)

§ 19.67.020 Permitted uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), unless site plan review is required (Chapter 19.42 JCC), in which case uses shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC). Uses shall also meet the applicable development standards listed in JCC § 19.67.050. In all cases except farm and forest uses, a development permit shall be required as the final permit approval (Chapter 19.41 JCC).

Cement and asphalt batching, rock processing and crushing;

Exploration, mining and processing of aggregate and other mineral resources or other subsurface resources, including development of geothermal resources;

Family day-care dwelling for fewer than 13 children, including children of the care provider, regardless of full-time or part-time status;

Farm use;

Forest management;

Log scaling and log storage;

Recycling centers subject to Chapter 19.86 JCC;

Residential care facility;

Residential care home;

Resource recovery facilities subject to Chapter 19.86 JCC;

Sewage disposal plants, pumping or treatment facilities, water storage reservoirs and other similar public facilities;

Sewage transfer sites subject to Chapter 19.86 JCC;

Signs subject to Chapter 19.74 JCC;

Single-family dwelling or manufactured dwelling;

Temporary facilities for the primary processing of forest products produced on the property, including portable mills, portable chippers and portable processors;

Utility or communication facilities necessary for public services, including transmission facilities and receiving towers;

Waste transfer centers subject to Chapter 19.86 JCC;

Type I and Type II home occupations, subject to Chapter 19.92 JCC;

Boarding house.

(2005 RLDC § 67.020; Ord. 2012-003 (Exh. A); Ord. 2018-003 § 1)

§ 19.67.030 Conditional uses.

The following uses, with accessory uses, shall be authorized using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for Conditional Uses (Chapter 19.45 JCC) and Site Plan Review (Chapter 19.42 JCC). All uses shall also meet the applicable development standards listed in JCC § 19.67.050. A development permit shall be required as the final permit approval (Chapter 19.41 JCC).

Destination resort;

Fire attack landing strips for airplanes and helicopter pads, emergency protection facilities, fire towers, public work yards, and temporary logging labor camps;

Home occupations subject to the requirements of Chapter 19.92 JCC;

Hunting and fishing preserves, archery, rifle, and pistol target ranges;

Open, noncommercial storage of up to four motor vehicles, from which parts have not been removed, when such vehicles are currently unlicensed or when such stored vehicles are owned by an individual other than the resident or owner of the property;

Recreation sites, including parks, campgrounds, retreat centers and conference grounds;

Research and interpretive facilities related to the preservation of unique natural conditions or communities and the conservation and management of wildlife resources;

Transitional housing camp subject to JCC § 19.99A.020(A);

Kennels (conditional use – type 1 fee).

(2005 RLDC § 67.030; Ord. 2012-003 (Exh. A); Ord. 2018-003 § 1; Ord. 2022-001 § 1)

§ 19.67.040 Temporary uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), subject to temporary use requirements (Chapter 19.43 JCC). All uses shall meet the applicable development standards listed in JCC § 19.67.050. In all cases, a development permit shall be required as final permit approval (Chapter 19.41 JCC).

Mass gathering;

Medical hardship dwelling/detached living space;

Temporary storage of an unoccupied manufactured dwelling.

(2005 RLDC § 67.040; Ord. 2018-003 § 1)

§ 19.67.050 Property development standards.

Permit Review Requirements.

Basic review provisions – Chapter 19.20 JCC.

Pre-application review – Chapter 19.21 JCC.

Permit review procedures – Chapter 19.22 JCC.

Basic application requirements – Chapter 19.40 JCC.

Administration of permits – Chapter 19.41 JCC.

Site plan review – Chapter 19.42 JCC.

Temporary uses – Chapter 19.43 JCC.

Variances – Chapter 19.44 JCC.

Conditional uses – Chapter 19.45 JCC.

Property Development Standards.

Minimum lot size is 20 acres, or five acres for residential purposes, both subject to the following:

A site approval has been granted for each lot or parcel for subsurface sewage disposal or an alternative sewage disposal system;

The lot size reduction shall not interfere with the rights of adjoining property owners to fully develop the mineral resources of the serpentine zone;

Water Supply:

[1]

Has available a domestic water source capable of delivering a minimum of three gallons per minute of potable water for a period of one hour;

[2]

A domestic water source may be a drilled and cased groundwater well or a surface source such as shallow well, spring, or perpetual stream;

[3]

If a surface water source is to be used, the source must be developed, prior to partitioning in compliance with applicable Oregon Administrative Rules governing domestic water quality, to include a system for water treatment;

No development permit or building permit shall be issued for residential construction on any lot created after the adoption of this title unless the lot or parcel has available a domestic water source as required by this section;

In order to demonstrate compliance with the above requirements the following shall be submitted:

[1]

For surface water systems: approval from the Environmental Health Department showing that the water source meets domestic water standards and confirmation from the Watermaster's Office that water rights are approved; or

[2]

For groundwater systems: confirmation from the Watermaster's Office that a well has been constructed that at a minimum meets the water delivery rate and a report from a certified water laboratory that the water meets state water standards for potability;

[3]

If the water source identified above is or will be located on an adjacent lot or parcel, must have written proof of an easement.

Minimum lot width shall be 500 feet for lots sized above five acres and 300 feet for lots sized five acres or smaller.

Access and transportation – See Chapter 19.81 JCC.

Airport overlay – See Chapter 19.69D JCC.

Archaeological resources – See Chapter 19.93 JCC.

Building size, accessory heights, setbacks, yard dimensions – See Chapter 19.72 JCC.

Deer overlay – See Chapter 19.69B JCC.

Erosion, sediment control, storm drainage facilities – See Chapter 19.83 JCC.

Fences, wall and screens – See Chapter 19.73 JCC.

10.

Flood hazard overlay – See Chapter 19.69A JCC.

11.

Historic resources – See Chapter 19.94 JCC.

12.

Mineral and aggregate resources – See JCC § 19.73.040(A) and Chapter 19.91 JCC.

13.

Parking – See Chapter 19.75 JCC.

14.

RV parks, lodges and campgrounds – See Chapter 19.98 JCC.

15.

Signs – See Chapter 19.74 JCC.

16.

Solid waste – See Chapter 19.86 JCC.

17.

Stream setbacks – See Chapter 19.72 JCC.

18.

Utilities – See Chapter 19.85 JCC.

19.

Water hazard overlay – See Chapter 19.69E JCC.

20.

Water standards – See Chapter 19.84 JCC.

21.

Wild and scenic rivers overlay – See Chapter 19.69C JCC.

(2005 RLDC § 67.050)

§ 19.68.010 Purpose.

The purpose of this zone is to allow the full range of outdoor recreational activities. The lands included in the limited development zone are not commonly classified as commercial forest lands, agricultural lands, or rural residential lands, although, depending upon ownership and management objectives, such lands have historically been used for all these purposes. This chapter is designed to provide for the beneficial use of land for outdoor recreation activities in Josephine County.

(2005 RLDC § 68.010; Ord. 2018-003 § 1)

§ 19.68.020 Permitted uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), unless site plan review is required (Chapter 19.42 JCC), in which case uses shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC). Uses shall also meet the applicable development standards listed in JCC § 19.68.050. In all cases except farm and forest uses, a development permit shall be required as the final permit approval (Chapter 19.41 JCC).

Family day-care dwelling for fewer than 13 children, including children of the care provider, regardless of full-time or part-time status;

Farm use;

Forest management;

Forest products processing (temporary facilities for the primary processing of forest products produced on the property, including portable mills, portable chippers and portable processors);

Hunting and fishing preserves, archery, rifle, and pistol target ranges;

Log scaling and log storage;

Recreation sites, including parks, campgrounds, and conference grounds;

Research and interpretive facilities related to the preservation of unique natural conditions or communities and the conservation and management of wildlife resources;

Residential care facility;

Residential care home;

Signs subject to Chapter 19.74 JCC;

Single-family dwelling or manufactured dwelling;

Utility or communication facilities necessary for public services, including transmission facilities and receiving towers;

Type I and Type II home occupations, subject to Chapter 19.92 JCC;

Boarding house.

(2005 RLDC § 68.020; Ord. 2012-003 (Exh. A); Ord. 2018-003 § 1)

§ 19.68.030 Conditional uses.

The following uses, with accessory uses, shall be authorized using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for conditional uses (Chapter 19.45 JCC) and site plan review (Chapter 19.42 JCC). All uses shall also meet the applicable development standards listed in JCC § 19.68.050. A development permit shall be required as the final permit approval (Chapter 19.41 JCC).

Cement and asphalt batching, rock processing and crushing;

Destination resort;

Fire attack landing strips for airplanes and helicopter pads, emergency protection facilities, fire towers, public work yards, and temporary logging labor camps;

Home occupations subject to Chapter 19.92 JCC;

Lodges, retreat centers and conference grounds;

Mining and processing of aggregate and other mineral resources or other subsurface resources (to include the exploration thereof), and the development of geothermal resources;

Racetrack;

Recreational resort;

Shooting range or gun club;

Storage of motor vehicles that is open (the vehicles must be unlicensed and from which parts have not been removed, and the storage cannot be for commercial purposes; storage is limited to a maximum of four motor vehicles);

Transitional housing camp per JCC § 19.99A.020(A);

Kennels (conditional use – type 1 fee).

(2005 RLDC § 68.030; Ord. 2012-003 (Exh. A); Ord. 2018-003 § 1; Ord. 2022-001 § 1)

§ 19.68.040 Temporary uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), subject to temporary use requirements (Chapter 19.43 JCC). All uses shall meet the applicable development standards listed in JCC § 19.68.050. In all cases, a development permit shall be required as final permit approval (Chapter 19.41 JCC).

Mass gathering;

Medical hardship dwelling/detached living space;

Temporary storage of an unoccupied manufactured dwelling.

(2005 RLDC § 68.040; Ord. 2018-003 § 1)

§ 19.68.050 Property development standards.

Permit Review Requirements.

Basic review provisions – Chapter 19.20 JCC.

Pre-application review – Chapter 19.21 JCC.

Permit review procedures – Chapter 19.22 JCC.

Basic application requirements – Chapter 19.40 JCC.

Administration of permits – Chapter 19.41 JCC.

Site plan review – Chapter 19.42 JCC.

Temporary uses – Chapter 19.43 JCC.

Variances – Chapter 19.44 JCC.

Conditional uses – Chapter 19.45 JCC.

Property Development Standards.

Minimum lot size – 20 acres.

Minimum lot width – 500 feet.

Access and transportation – See Chapter 19.81 JCC.

Airport overlay – See Chapter 19.69D JCC.

Archaeological resources – See Chapter 19.93 JCC.

Building size, accessory heights, setbacks, yard dimensions – See Chapter 19.72 JCC.

Deer overlay – See Chapter 19.69B JCC.

Erosion, sediment control, storm drainage facilities – See Chapter 19.83 JCC.

Fences, wall and screens – See Chapter 19.73 JCC.

10.

Flood hazard overlay – See Chapter 19.69A JCC.

11.

Historic resources – See Chapter 19.94 JCC.

12.

Mineral and aggregate resources – See JCC § 19.72.040(A) and Chapter 19.91 JCC.

13.

Parking – See Chapter 19.75 JCC.

14.

RV parks, lodges and campgrounds – See Chapter 19.98 JCC.

15.

Signs – See Chapter 19.74 JCC.

16.

Solid waste – See Chapter 19.86 JCC.

17.

Stream setbacks – See Chapter 19.72 JCC.

18.

Utilities – See Chapter 19.85 JCC.

19.

Water hazard overlay – See Chapter 19.69E JCC.

20.

Water standards – See Chapter 19.84 JCC.

21.

Wild and scenic rivers overlay – See Chapter 19.69C JCC.

(2005 RLDC § 68.050)

§ 19.69.010 Purpose.

The purpose of this chapter on overlays is to provide additional standards and requirements in response to specific conditions, situations or circumstances, both natural and human caused, so that development can occur while mitigating the specific conditions, situations and circumstances the specific overlays are designed to cover.

(2005 RLDC § 69.010)

§ 19.69.020 Applicability.

The requirements set out in each of the overlays shall be in addition to the requirements of the underlying zone. Where a conflict exists between the requirements of the underlying zone and the overlay, the more restrictive shall apply.

(2005 RLDC § 69.020)

§ 19.69A.010 Purpose.

It is the purpose of this overlay to minimize public and private losses due to flood conditions in specific areas by provisions designed:

To protect human life and health;

To minimize expenditure of public money and costly flood control projects;

To qualify residents of the County for flood insurance through the Federal Emergency Management Administration, Federal Insurance Administration;

To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

To minimize prolonged business interruptions;

To minimize damage to public facilities and utilities including water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

To ensure that potential buyers are notified property is in an area of special flood hazard;

To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

In order to accomplish its purposes, this chapter includes methods and provisions for:

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

Requiring that uses and related structures and facilities which are vulnerable to floods are protected against flood damage at the time of initial construction;

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

Controlling filling, grading, dredging, and other development which may increase flood damage; and

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside of flood hazard areas or uses permitted within those areas will be free from flooding and flood damage. This chapter shall not create liability on the part of Josephine County including any officer or employee, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made under the provisions of this title or chapter.

(2005 RLDC § 69.110)

§ 19.69A.020 Flood hazard areas.

This chapter shall apply to all areas of flood hazard within Josephine County as identified in the Flood Insurance Study for Josephine County, Oregon, and Incorporated Areas (two volumes), with Flood Insurance Rate Map panels and a map index, effective December 3, 2009, prepared by the Federal Emergency Management Agency for use in the administration of the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973. The study, maps and index are adopted by this reference and incorporated into this code. The documents are on file in the Josephine County Planning Office. Flood hazard areas include the following: approximate floodplain (or unnumbered "A" zones), floodway fringe (or numbered "A" zones), and floodway. (See Chapter 19.11 JCC for these and other definitions related to flood hazard administration.)

(2005 RLDC § 69.120; Ord. 2009-003 § 1 (Exh. A))

§ 19.69A.030 General rules of administration.

The Planning Director is designated the Floodplain Administrator for Josephine County and has the authority to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. The duties and responsibilities shall include, but not be limited to:

Interpret the location of the boundaries for all flood hazard areas and impose any conditions upon development which are reasonably necessary to accomplish the purposes of this chapter.

Determine that the permit requirements of this chapter have been satisfied.

Determine that all necessary federal, state, and local permits have been obtained.

Assure all development where base flood elevation has not been provided meets the requirements of JCC § 19.69A.040.

Assure all development where a base flood elevation data have been provided meets requirements of JCC § 19.69A.050.

Assure all development located in a floodway meets requirements of JCC § 19.69A.060.

Maintain and make available to the public all permit applications, elevation certificates, letters of map amendment (LOMA), letters of map revision (LOMR), and letters of map revision – based on fill (LOMR-F).

For all new or substantially improved structures, the Building Safety Director's duties and responsibilities shall include, but not be limited to:

Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement).

Implement building requirements for flood hazard areas.

Maintain floodproofing certificates.

In order to best accomplish the purposes of this chapter, the administration of any of its provisions shall be subject to the following special rules:

Any condition or requirement imposed on development within a flood hazard area shall be considered the minimum requirement, and this chapter shall not preclude more restrictive measures from being imposed by the County or any other jurisdiction or agency having concurrent authority, now or in the future;

Where conditions imposed by this chapter are less restrictive than corresponding requirements imposed by any other jurisdiction or agency also having authority within a flood hazard area, the Planning Director is authorized to administer such other requirements as necessary to promote the purposes of this chapter; and

Questions of interpretation shall be liberally construed to protect the public health, safety and welfare by restricting development in flood hazard areas.

(2005 RLDC § 69.130)

§ 19.69A.040 Administration in approximate floodplain (or unnumbered "A" zone) flood hazard areas.

When the proposed development is located on a site subject to periodic flooding, the development is subject to the requirements of JCC § 19.69A.050. If the proposed development is "reasonably safe from flooding" because of geographical, elevation, historical flood patterns, or other factors, the application for development shall support the request by submitting the following information:

The applicant shall obtain a statement from a licensed professional, such as a geologist, soil scientist, engineer, surveyor or other similarly qualified professional, certifying the development is reasonably safe from flooding. The statement shall discuss the basis for the certification, and shall reference and attach the sources of information used to support the statement.

If helpful in the evaluation, the Director may require the submission of a scaled map of the property with the location of the flood hazard area delineated.

Whether a development site is reasonably safe from flooding is a question of local judgment based on historic sources of information, which may include any of the following:

Notarized statements from eyewitnesses of flood conditions at the site during a time of known flooding;

Old newspaper articles or other self-authenticating records or documents which depict or describe flood conditions at the site during a time of known flooding;

Old photographs depicting flood conditions at the site at a time of known flooding;

Documented conditions at the site, which may include high water marks, soil or vegetation disturbances, or other physical or geological circumstances which are relevant to establish the historic flood location.

The Director shall review the information submitted pursuant to subsection (B) of this section, along with any other evidence the Director believes may be helpful in making a determination as to the exact location of the flood hazard area at the site. The Director's determination as to the location of the flood hazard area in relationship to the proposed development shall be documented by attachment to the development permit, together with a description of special conditions, if any, placed on the development.

Failure to elevate at least two feet above grade in this flood hazard area may result in higher insurance rates.

(2005 RLDC § 69.140)

§ 19.69A.050 Administration in floodway fringe (or numbered "A" zone) areas.

The Director is authorized to review all applications for development and to impose mitigating conditions upon development which are reasonably necessary to accomplish the purposes of this chapter. At a minimum, all development shall meet the following requirements:

Structures shall be located at the site which is least impacted by inundation. In administering this condition, the Director is authorized to consider evidence of past flooding, as well as the geographic and geologic circumstances of the property. Whenever the Director believes it is helpful in making this determination, the Director is authorized to require the applicant to submit evidence as required in JCC § 19.69A.040(B).

All development permit requirements of JCC § 19.69A.080.

All property development requirements per JCC § 19.69A.090.

(2005 RLDC § 69.150)

§ 19.69A.055 Administration in floodway fringe areas without mapped floodway.

The Director is authorized to review all applications for development within floodway fringe areas where the boundaries of the floodway have not been mapped by imposing mitigating conditions upon development which are reasonably necessary to accomplish the purposes of this chapter and section. At a minimum, all development shall meet the requirements of subsection (A) or (B) of this section:

The applicant shall submit evidence prepared by an Oregon registered professional engineer in accordance with accepted engineering practices that identifies floodway boundaries at the development site. Depending upon whether the proposed development is located inside or outside of the regulatory floodway, the requirements of JCC § 19.69A.050 (floodway fringe areas) or 19.69A.060 (floodway areas) shall apply. The location of the floodway boundaries shall be presumed to lie equally on both sides of the centerline of the affected stream.

The applicant shall submit evidence prepared by an Oregon registered professional engineer in accordance with accepted engineering practices that shows the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood to rise more than one foot at any point within the community. For the purposes of administering this section, "anticipated development" shall mean development for which an application is currently under review for permit approval by the Planning and/or Building Safety Departments. The County will collect and separately maintain records for pending and approved developments within the floodway fringe areas without mapped floodway boundaries and make such records available for use by applicants for doing the one-foot rise analysis.

(Ord. 2009-003 § 1 (Exh. A))

§ 19.69A.060 Administration in floodway areas.

The Director is authorized to review all applications for development and to impose mitigating conditions which are reasonably necessary to accomplish the purposes of this chapter. At a minimum, all development shall meet the following requirements:

All encroachments (including fill, new construction, substantial improvements and all other development) are prohibited unless a floodway study is provided from a registered engineer or architect demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment will not result in any increase ("no-rise") in flood levels within the community during the occurrence of the base flood discharge.

All development permit requirements of JCC § 19.69A.080.

All property development requirements of JCC § 19.69A.090.

An application shall be accompanied by the following information:

A site review application which meets the requirements of JCC § 19.42.050 and which includes the following additional information:

The nature, location, dimensions, contours and elevations for all areas of development, including those involving excavation and/or fill; and

The location of existing or proposed structures, areas of fill, storage areas and drainage facilities;

A written description of the kind and location of the on-site waste disposal system, together with an explanation of how the system has been designed and located so as to avoid impairment of use or leakage during times of flooding;

A written description of the extent to which any watercourse will be altered or relocated as a result of the proposed development;

Hydraulic backwater computer models of the 100-year flood and floodway water-surface profiles;

A copy of the National Flood Insurance Program map showing the existing floodway with the project location identified;

Topographic mapping of the entire project area indicating the locations of all cross-sections used in the modified hydraulic model and a plan view of all project elements;

Construction plans for all project elements, including measures employed to provide additional effective conveyance certified by a registered engineer;

A loss of conveyance hand computation;

Documentation that measures compensating for lost conveyance will be maintained perpetually;

10.

An executed "no-rise" certificate from a registered engineer.

(2005 RLDC § 69.160)

§ 19.69A.070 Divisions of land in flood hazard areas.

All proposals for the division of land within a flood hazard area shall comply with the following standards:

Demonstrate building sites on all lots are in compliance with all the provisions of this chapter. This standard does not apply to lots which will be created around dwellings already lawfully developed prior to the division;

All new lots shall have available public utilities and facilities, including sewer, gas, electric, and water systems located and constructed so as to minimize damage due to flooding;

Adequate drainage shall be provided to reduce the risk of damage to the development and surrounding lands due to flooding;

Provide base flood elevation data when this information is not available from another authoritative source and the division will create 50 lots or the original parcel is larger than five acres.

(2005 RLDC § 69.170)

§ 19.69A.080 Development permit requirements.

A development permit shall be obtained before any development as defined in JCC § 19.11.060 occurs on lands located within a flood hazard area.

A development permit within approximate floodplain areas (or unnumbered "A" zones) or floodway fringe (or numbered "A" zones) shall be processed using ministerial review procedures as set forth in Chapter 19.22 JCC.

A development permit within a floodway shall require pre-application for site plan review as provided in JCC § 19.42.030.

Nonstructural development such as mining, dredging, filling, grading, paving, stockpiling of materials and excavation must be authorized by a development permit.

(2005 RLDC § 69.180)

§ 19.69A.090 Property development standards.

The property development standards in the underlying zone shall apply to all development regulated by this chapter. The standards contained in this chapter shall be in addition to the standards of the underlying zone.

General Standards for All Flood Hazard Areas.

Anchoring.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques).

Construction Materials and Methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

Specific standards for all flood hazard areas where base flood elevation data has been provided (numbered A or AE zones – floodway and floodway fringe).

All Residential Construction (Except Manufactured Homes).

New construction and substantial improvement of any conventional residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation.

Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must be either certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:

[1]

A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

[2]

The bottom of all openings shall be no higher than one foot above grade.

[3]

Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters.

Manufactured Homes.

All manufactured homes to be placed or substantially improved on sites:

[1]

Outside of a manufactured home park or subdivision;

[2]

In a new manufactured home park or subdivision;

[3]

In an expansion to an existing manufactured home park or subdivision; or

[4]

In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood;

shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated 18 inches above the base flood elevation and be securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement.

Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1 – 30 and AE (or floodway and floodway fringe) that are not subject to the above manufactured home provisions must be elevated so that either:

[1]

The lowest floor of the manufactured home is elevated 18 inches above the base flood elevation; or

[2]

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately designed foundation system to resist flotation, collapse, and lateral movement.

Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated at or above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;

Be certified by a registered professional engineer or architect that the design and methods for construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans;

Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (B)(1) of this section;

Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below).

Recreation Vehicles. Recreation vehicles placed within flood hazard areas are required to either:

Be on the site for fewer than 180 consecutive days;

Be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

Meet the requirements of subsection (B)(3) of this section and the elevation and anchoring requirements for manufactured homes.

(2005 RLDC § 69.190)

§ 19.69A.091 Alteration of watercourses.

The Director shall notify the Oregon Department of Land Conservation and Development, the Division of State Lands, the Water Resources Board, and any abutting municipality whenever a development proposes to alter or relocate a watercourse, and submit evidence of the notification to the Federal Insurance Administration. The Director shall review all agency and municipal comments and incorporate any recommended conditions for development in the permit where it is appropriate in the Director's opinion. At a minimum, the Director shall assure that:

Any alteration or relocation shall not diminish the capacity of a watercourse to carry floodwaters; and

Maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished.

(2005 RLDC § 69.191)

§ 19.69A.092 Variance to elevation standards.

Variances as interpreted in the National Flood Insurance Program are based on the principle that they pertain to a physical piece of property, are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the items listed below have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

The application for a variance from the flood standards shall contain the following information:

A description of the variance requested, why it is necessary, and how failure to grant the variance will result in exceptional hardship to the applicant;

A plot plan which meets the requirements of JCC § 19.41.020(B)(3) in duplicate, which shows the following additional information:

The nature, location, dimensions, contours and elevations of the area in question;

Existing or proposed structures, fill, storage of materials, drainage facilities;

The developer shall obtain a certificate from a qualified professional (i.e., soil geologist, engineer, surveyor) that the development is reasonably safe from flooding as set forth in JCC § 19.69A.040(A);

A description of the on-site waste disposal systems which shall be located to avoid impairment to them or contamination from them during flooding;

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;

A statement discussing if the variance will grant a special privilege not normally enjoyed by property owners in the vicinity.

(2005 RLDC § 69.192)

§ 19.69A.093 Variance procedure.

An application for a variance under this section shall be processed as follows:

The application shall be processed using quasi-judicial review procedures as set forth in Chapter 19.22 JCC and shall be subject to the standards set out in JCC § 19.69A.094;

Upon consideration of the factors of this section and the purposes of this chapter, the Review Body may attach any conditions deemed necessary to further the purposes of this chapter;

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased rise resulting from the reduced lowest floor elevation;

A decision of the Review Body may be appealed within 10 days under Chapter 19.33 JCC.

The Review Body shall maintain the records of all variances, including technical information, and shall report any variances to the Federal Insurance Administration upon request.

(2005 RLDC § 69.193)

§ 19.69A.094 Variance criteria.

The following criteria shall be considered before granting a variance:

All technical evaluations, all relevant factors, and standards specified in other sections of this chapter;

The justification for the variance must address:

The danger that materials may be swept onto other lands to the injury of others;

The danger to life and property due to flooding or erosion damage;

The susceptibility of the proposed facility and its contents to flood damage and the effect of any damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

The necessity to the facility of a waterfront location, where applicable;

The availability of alternative locations on the property for the proposed use which are not subject to flooding or erosion damage;

The compatibility of the proposed use with existing and anticipated development;

The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

The safety of access to the property in times of flood for ordinary and emergency vehicles;

10.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

11.

The costs of providing services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges;

Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section;

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result;

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

Variances shall only be issued upon:

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship to the applicant;

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection (B) of this section, or conflict with existing local laws or codes; and

A finding that the variance will not result in special privileges not normally enjoyed by property owners in the vicinity;

Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (B) of this section and the standards required by the Building and Safety Department.

(2005 RLDC § 69.194)

§ 19.69B.010 Purpose.

The purpose of the deer overlay is to protect lands designated as critical deer winter range habitat from residential encroachment. During winter months deer living on high elevation ranges move to sensitive habitat areas below 2,500 feet for cover, water and forage. It has been determined that the capacity of these lower ranges to support adequate levels of wintering deer decreases significantly when the density of residential dwellings exceeds one dwelling per 40 acres of winter range. The objective of the deer overlay is to identify lands located below 2,500 feet that are not impacted by existing residential or other development. Areas of critical deer winter range shall be rendered into a digitized data set that can be maintained and displayed using a geographic information system. The areas thus identified and displayed shall be subject to the density limitations specified in JCC § 19.69B.020 and the map amendment criteria contained in JCC § 19.69B.030.

(2005 RLDC § 69.210; Ord. 2006-003 § 1(2))

§ 19.69B.020 Density limitations.

In areas mapped as critical deer winter range, approvals for new dwellings shall include findings that show the proposed dwelling or dwellings will not cause the density of dwellings to exceed 32 dwellings per two square miles. The dwelling count shall not include dwellings that are located above 2,500 feet elevation or in areas designated as impacted. The density calculation shall be achieved using one of the following methods:

Fixed Study Area Test. A circle having an area of two square miles (diameter of 4,212.83 feet) shall be reasonably centered on the subject property. Existing authorized dwellings located on deer winter range lands within the circle shall be counted. The number of counted dwellings, in addition to the proposed dwelling or dwellings, shall not exceed a density of one dwelling per 40 acres when considering the amount of deer winter range land only.

Expanded Study Area Test. A circle of any diameter shall be reasonably centered on the subject property until the circle encompasses two square miles of deer winter range lands. Existing authorized dwellings located on deer winter range lands within the circle shall be counted. The number of counted dwellings, to include the proposed dwelling or dwellings, shall not exceed 32.

(2005 RLDC § 69.220; Ord. 2006-003 § 1(2))

§ 19.69B.030 Amending the deer winter range map.

The deer winter range map may be amended as it applies to specific lots or parcels when the application demonstrates the land is not critical black-tailed deer winter range habitat because:

The land has not been used as winter habitat by significant black-tailed deer populations; and

The land does not exhibit favorable black-tailed deer winter habitat characteristics, such as wedge leafed ceanothus, available overstory and water; or

Even though the land exhibits favorable winter habitat described in subsection (A)(2) of this section, the land is isolated from migratory black-tailed deer herds due to legal and permanent development on the land and/or on surrounding lands (that is, "impacted" by development); and

All of the foregoing circumstances are addressed by credible scientific and technical data, reports or other evidence from an expert in the field of big game habitat and management principles that demonstrates the land does not provide critical deer winter range habitat based upon consideration of factors in subsections (A)(1), (2) and (3) of this section.

Josephine County shall consult with local officials from the Oregon Department of Fish and Wildlife regarding all proposals to amend the deer winter range map. The County shall provide local officials with a copy of all scientific and technical data, reports and other evidence specified in subsection (A)(4) of this section. The Department may submit its own scientific and technical data, reports and other evidence and may object. The County must consider this evidence and information in taking action on the map amendment application.

(2005 RLDC § 69.230; Ord. 2006-003 § 1(2))

§ 19.69C.010 Purpose.

The purpose of this overlay is to facilitate development which is compatible with the requirements of the state and federal scenic waterways program.

(2005 RLDC § 69.310)

§ 19.69C.020 Siting standards.

Any use permitted in a zone shall be allowed on lands adjacent to the Rogue River and Illinois River scenic waterways; provided, that:

If the property is located within one-quarter mile of the mean high water line of the river, or within the river proper between the high water marks, no development permit shall be issued unless the applicant has obtained a notice to proceed from the Scenic Rivers Program, Parks Division, Oregon Department of Transportation; or the time limit for state acquisition has expired;

If the property is located within the legal boundaries of the Rogue River/Illinois River National Wild and Scenic River, as established by Act of Congress, a copy of the proposed application shall be transmitted to the administering federal agency. If the property is subject to a scenic easement, no development permit shall be issued unless the applicant has obtained an authorization from the administering agency;

No building located within one-quarter mile of the mean high water line of the river or within the river proper between the high water line shall exceed a height of 30 feet, except as provided in JCC § 19.72.030(B), or the structure is screened from the river by topography or vegetation.

(2005 RLDC § 69.320)

§ 19.69C.030 Property development standards.

The property development standards in the underlying zone shall apply to all development in this overlay. The standards contained in this chapter shall be in addition to the standards of the underlying zone.

(2005 RLDC § 69.330)

§ 19.69D.010 Purpose.

An airport overlay is applied to an area which is in the proximity of active air fields where aircraft operations occur on a regular basis. The perimeter of this overlay signifies a measure of noise level (sound measured in decibels), dust, engine exhaust, and visual impact, surrounding the airport. In order to prevent the creation of hazards, special airport zoning regulations controlling and limiting the use of land are established within the airport overlay. The provisions of this chapter are not intended to abrogate any other section of this title and when it appears that there is a conflict, the most restrictive requirements shall apply.

(2005 RLDC § 69.410)

§ 19.69D.020 Application of overlay.

In any zone where an airport overlay is combined with a primary zone and any conflict in regulations or procedure occurs between the zone and the overlay, the most restrictive shall govern.

The boundaries of the overlay shall be designated on the official zoning maps for Josephine County. Height and land use limitations shall be imposed within the overlay. Height and other standards shall be consistent with the requirements of the Federal Aviation Administration, the Oregon State Department of Transportation, and the Josephine County airport master plan.

(2005 RLDC § 69.420)

§ 19.69D.030 Use restrictions.

The following use restrictions shall apply within the areas designated as airport overlay on the official zoning map:

Airport Clear Zone – No use other than those listed under JCC § 19.69A.040 is permitted;

Airport Approach Zone – Any use listed in the primary zone, except for places of public assembly accommodating more than 100 persons, may be permitted within the approach zone, subject to the regulations of this chapter. A declaration of record shall be made on the permit recognizing the preexistence of the airport;

Airport Overlay Zone – Any use listed in the primary zone, subject to the requirements of this chapter, may be permitted; and

No use may be made of land within the airport overlay that will result in interference with communications and/or visibility between airport and aircraft. No illumination of signs or material of a reflective nature used on exterior construction shall be installed which would result in glare or confusion with aeronautical lighting that may impair visibility from aircraft.

(2005 RLDC § 69.430)

§ 19.69D.040 Permitted uses.

The following uses are permitted unless the use would penetrate the elevations of the approach and transitional zones. The uses shall be reviewed using ministerial review procedures (Chapter 19.22 JCC), may be subject to site plan review (Chapter 19.42 JCC), the issuance of a development permit (Chapter 19.41 JCC), and the property development standards listed in JCC § 19.69D.080.

Agriculture, excluding the commercial raising of animals which would be adversely affected by aircraft passing overhead;

Airports and heliports, subject to the approval of a master plan by the Board of County Commissioners, providing that FAA permits have been obtained, and lines, towers, structures or poles do not penetrate the airspace of a clear zone approach or transitional surface of an airport;

Landscape nursery, cemetery, or recreation areas which do not include buildings or structures;

Pipeline (Type I, no site plan review);

Roadways, parking areas, and storage yards while allowed shall not be located so that the lighting will make it difficult for pilots to distinguish between landing lights and other lights, result in glare, or in any other way impair visibility in the vicinity of the landing approach;

Underground utility wire.

(2005 RLDC § 69.440)

§ 19.69D.050 Conditional uses.

The uses listed as conditional uses within the primary zone shall be subject to JCC § 19.69D.030, § 19.69D.060, and § 19.69D.070 in addition to the requirements of the primary zone.

(2005 RLDC § 69.450)

§ 19.69D.060 Height limitations.

The allowable height of any building, structure, or tree within the airport overlay shall conform to the following: the ground level elevation plus the height of any structure, building, use, or tree at its proposed location shall not penetrate any approach, transitional, horizontal, conical surface of an airport as indicated on the Josephine County airport master plan and/or County document, unless specifically allowed by the FAA and Josephine County as part of a conditional use permit review.

(2005 RLDC § 69.460)

§ 19.69D.070 New development.

All new airports, heliports, or landing fields shall be designed so that the incidence of aircraft passing in the vicinity of preexisting dwellings or places of public assembly is minimized.

They shall be located so that air traffic shall not constitute a nuisance to neighboring uses.

The applicant shall show that adequate controls or measures will be taken to reduce noise levels, vibrations, dust, or bright light, as required by the Oregon Department of Environmental Quality rules and regulations.

(2005 RLDC § 69.470)

§ 19.69D.080 Property development standards.

(2005 RLDC § 69.480)

Josephine County UnincorporatedCity Zoning Code

Division VI

§ 19.60.010 Purpose.

§ 19.60.020 List of basic zones.

§ 19.60.030 List of overlays.

§ 19.60.040 Applicability of zone.

§ 19.60.050 Multiple zoned lots or parcels.

§ 19.60.060 Similar uses.

§ 19.60.070 Policies and levels of service.

§ 19.61.010 Purpose.

§ 19.61.020 Permitted uses.

§ 19.61.030 Conditional uses.

§ 19.61.040 Temporary uses.

§ 19.61.050 Criteria for farm use.

§ 19.61.060 Property development standards.

§ 19.62.010 Purpose.

§ 19.62.020 Permitted uses.

§ 19.62.030 Conditional uses.

§ 19.62.040 Temporary uses.

§ 19.62.050 Property development standards.

§ 19.63.010 Purpose.

§ 19.63.020 Permitted uses.

§ 19.63.030 Property development standards.

§ 19.64.010 Purpose.

§ 19.64.020 Outright uses.

§ 19.64.030 Permitted uses.

§ 19.64.035 Permitted uses subject to standards only.

§ 19.64.040 Conditional uses.

§ 19.64.050 Temporary uses.

§ 19.64.060 General requirements for conditional uses and new dwellings.

§ 19.64.070 Standards and criteria for nonfarm dwellings.

§ 19.64.080 Siting standards.

§ 19.64.090 Special requirements for land divisions.

§ 19.64.095 Property development standards.

§ 19.65.010 Purpose.

§ 19.65.020 Outright uses.

§ 19.65.030 Permitted uses.

§ 19.65.040 Conditional uses.

§ 19.65.050 Temporary uses.

§ 19.65.060 General criteria for conditional uses and new dwellings.

§ 19.65.070 Standards and criteria for new dwellings.

§ 19.65.080 Siting standards.

§ 19.65.090 Standards for new or reconfigured lots or parcels.

§ 19.65.100 Property development standards.

§ 19.66.010 Purpose.

§ 19.66.020 Permitted uses.

§ 19.66.030 Property development standards.

§ 19.66A.010 Purpose.

§ 19.66A.020 Outright uses.

§ 19.66A.030 Permitted uses.

§ 19.66A.040 Conditional uses.

§ 19.66A.050 Placing land within the mineral and aggregate resource zone.

§ 19.66A.060 Special multi-agency review conference.

§ 19.66A.070 Site reclamation.

§ 19.66A.080 General property development standards.

§ 19.67.010 Purpose.

§ 19.67.020 Permitted uses.

§ 19.67.030 Conditional uses.

§ 19.67.040 Temporary uses.

§ 19.67.050 Property development standards.

§ 19.68.010 Purpose.

§ 19.68.020 Permitted uses.

§ 19.68.030 Conditional uses.

§ 19.68.040 Temporary uses.

§ 19.68.050 Property development standards.

§ 19.69.010 Purpose.

§ 19.69.020 Applicability.

§ 19.69A.010 Purpose.

§ 19.69A.020 Flood hazard areas.

§ 19.69A.030 General rules of administration.

§ 19.69A.040 Administration in approximate floodplain (or unnumbered "A" zone) flood hazard areas.

§ 19.69A.050 Administration in floodway fringe (or numbered "A" zone) areas.

§ 19.69A.055 Administration in floodway fringe areas without mapped floodway.

§ 19.69A.060 Administration in floodway areas.

§ 19.69A.070 Divisions of land in flood hazard areas.

§ 19.69A.080 Development permit requirements.

§ 19.69A.090 Property development standards.

§ 19.69A.091 Alteration of watercourses.

§ 19.69A.092 Variance to elevation standards.

§ 19.69A.093 Variance procedure.

Josephine County Unincorporated
City Zoning Code