The purpose of this division is to develop standards for the development and division of property. The standards are designed to protect the public health, safety, and welfare. [Ord. 2018-003 § 1; 2005 RLDC § 70.010.]

The standards established in this division shall apply to all new development, expansion or change to existing development, and to all land divisions in the rural area of Josephine County. The area involved includes all land outside of the urban growth boundary for the City of Grants Pass as shown on the official map of Josephine County. [Ord. 2018-003 § 1; 2005 RLDC § 70.020.]

Items such as buses, cars, truck bodies, rail cars, and intermodal structures shall not be used for storage, office space, or human occupancy unless modified to comply with the Oregon Specialty Codes, and all appropriate permits secured for such use.

Intermodal structures such as shipping containers or other manufactured items originally designed for transport shall not be used for human occupancy unless the interior of the unit has a floor-to-ceiling minimum height of eight feet, nine inches. All shipping identification shall be removed from the walls of all intermodal structures, regardless if used for human occupancy, and painted with a rust-prohibitive paint. [Ord. 2018-003 § 1; 2005 RLDC § 70.030]

A. All proposed lots or parcels in a subdivision, partition, replat or property line adjustment shall not be divided to a size less than the minimum requirements for the zone the lot or parcel is located in, unless part of an approved cluster subdivision. Lots or parcels containing less than the minimum lot size requirements may be approved; provided, that:

1. Only in subdivisions, not more than 20 percent of the deficient lots, up to a maximum of five deficient lots or parcels, are created from an original tract; and

2. The area deficiency is contained within the public road right-of-way.

B. Each lot shall not be greater than four times deeper than it is wide, exclusive of the “pole” of a flag lot.

C. When a river classified as a wild and scenic river, or Class 1 stream bisects a lawfully established lot or parcel which is not located in a resource zone, said parcel shall be deemed two conforming parcels, provided each parcel is large enough to accommodate a dwelling that meets all setbacks, driveway, parking area, well, on-site sanitary waste disposal system and replacement field. However, any property sold or granted for state highway, county road, city street or other right-of-way purposes shall continue to be considered a single unit of land until the property is further subdivided or partitioned. [Ord. 2022-010 § 1; Ord. 2018-003 § 1; 2005 RLDC § 71.010.]

A. It shall be the policy of the County to allow the construction of public roads to provide safe and identifiable access to properties. If not practicable to front on a public road, lots shall be allowed to be accessed via a private road easement, provided not more than four lots are accessed via said road easement.

In no case shall flag lots be approved where the extension of a public road is shown on an official map and the extension will provide necessary access.

B. The following requirements shall apply to flag lots:

1. The “flagpole” shall maintain a width of not less than 25 feet as minimum access at the point of abutment to a public road and throughout its length;

2. The “flagpole” shall not cross a live stream, ravine, irrigation ditch, or similar topographic feature without construction of a structure or fill and culvert capable of providing access for emergency vehicles. The Review Body may require certification from a registered engineer that the structure or fill and culvert has been constructed to support emergency vehicles;

3. The “flagpole” may alter course or direction as long as the view of the location and the address of the structure or use will not be confusing for emergency vehicle access; and provided, that a driveway can be constructed wholly within the “flagpole” with a turn that does not exceed a 50-foot radius;

4. The grade of the flagpole shall not exceed a grade of 12 percent for an unsurfaced driveway or a maximum grade of 18 percent for a driveway surfaced with asphaltic concrete or Portland cement:

a. The Review Body may require grading and construction which meets these standards as a part of final approval of any land division; or

b. When immediate construction of the driveway is not possible because of practical difficulties, the final map shall note the work has not been completed, and driveway construction shall become part of the performance agreement filed with the final plat;

5. The “flagpole” shall not exceed in length twice the width of the lot or twice the length of the lot, whichever dimension is the lesser.

C. The Review Body may permit flag lotting, contrary to subsections (B)(1) and (5) of this section, where the proposed development meets the criteria set out in subsection (A) of this section. [Ord. 2018-003 § 1; 2005 RLDC § 71.020.]

The purpose of this chapter is to establish and maintain minimum requirements for accessory structures, for structure heights, and for setbacks from property lines in order to provide a measure of buffering between uses, ensure adequate privacy, maintain safe visibility at road intersections, ensure access to and around buildings, and to provide access to natural light, ventilation, and sunlight. [Amended by Planning Director, 10-28-16; 2005 RLDC § 72.010.]

A. The following minimum requirements shall be applied to all permitted, administrative, conditional, and accessory structures allowed by this title unless specified otherwise. Fences which meet the height requirements set forth in Chapter 19.73 JCC (Fences, Walls and Screens), utility poles, flagpoles, or irrigation system components are not considered structures in any location and development permits are not required. All requirements are specified in feet:

* The height restriction does not apply to agricultural buildings (See JCC 19.72.030(B)(3)).

** The setbacks may be reduced (see subsection (C) of this section) or by applying for a variance if needed.

B. The height of a building shall be measured using the definition in JCC 19.11.100.

C. The side and rear setback in a commercial or industrial zone may be reduced to zero feet when the side and rear property lines abut a commercial or industrial zone, provided any walls of a structure placed upon the side or rear lot line are constructed to meet the fire resistance requirements of the most current edition of the building codes.

D. In the aggregate resource zone, pipelines, landings, docks, bridges, hydroelectric facilities, and pumping or treatment facilities may be located closer than 30 feet to any property line.

E. In all zones except the commercial and industrial zones, all buildings shall be set back at least 60 feet from the centerline of any public street, road, right-of-way which is surveyed and established, and 30 feet from the described edge of private road easement. The Review Body may vary these standards where necessary for corner lots.

F. Decks, paved or concrete slabs, patios or walkways which are 30 inches or higher above grade shall comply with the setback requirements set out in Chapter 19.72 JCC; decks, paved or concrete slabs, patios or walkways which are lower than 30 inches above grade are exempted from yard setback requirements, but shall comply with the special stream setbacks in JCC 19.72.040(B). [Ord. 2018-003 § 1; Ord. 2017-001 § 1; amended by Planning Director, 10-28-16; 2005 RLDC § 72.020.]

A. The structures exempted from height requirements shall comply with the requirements in the wild and scenic rivers overlay, Chapter 19.69C JCC; the airport overlay, Chapter 19.69D JCC; and the requirements set out in Chapter 19.74 JCC.

B. The following may be erected above the height limits prescribed in JCC 19.72.020(A):

1. Roof structure for the housing of elevators, stairways, tanks, ventilating fans, and similar equipment required to operate and maintain a building;

2. Fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, radio masts, and T.V. antennas;

3. Agricultural buildings including barns and silos;

4. Wood waste burners, kiln drying racks, veneer dryers, lumber storage sheds, sorting sheds, sawmills, aeration towers, pollution control equipment, water reservoirs, incinerators, conveyors, hoppers, cooling towers, electrical transmission towers, structural dams, power generator plant, aircraft beacons, and air traffic control towers;

5. Other similar structures. [2005 RLDC § 72.030.]

Special use and structure siting restrictions shall apply to development within the following protected areas:

A. Significant Mineral and Aggregate Site Setback Area. The following special setback rules apply to significant mineral and aggregate sites existing on the County’s acknowledged inventories as of April 18, 2001, unless different measures are established pursuant to OAR 660-023-0180 or an impact area agreement (IAA) that complies with the requirements of JCC 19.66A.050(B). In applying significant aggregate site setbacks, the following rules shall apply:

1. The setback area shall be 500 feet in all directions from the mining area. This setback area shall apply only to significant mineral and aggregate sites that are or have been in lawful operation, and only where the mine owner or operator provides the planning office with a scaled map that accurately depicts the mining area. New or modified conflicting uses shall not be permitted within the setback area unless authorized by this section.

2. When significant mineral or aggregate sites have not been lawfully mined, the following rules shall apply:

a. The mining area must be located at least 500 feet from the nearest existing conflicting use. In order for mining to be authorized, the owner or operator must provide a mining area map that demonstrates the mining area is located at least 500 feet from all existing conflicting uses.

b. Once mining is authorized, new or modified conflicting uses and structures shall be prohibited within the setback area unless modified as provided herein.

3. The requirements of subsections (A)(1) and (2) of this section may be modified or waived by an IAA or a program to minimize impacts or resolve conflicts has been adopted pursuant to the requirements of JCC 19.66A.050.

4. In all cases where new or modified conflicting uses or structures are authorized within the setback area, the permit shall not be issued until the developing owner executes and records a restrictive covenant that specifies the owner waives the right to object to the mining or processing of mineral and/or aggregate resources at the site.

B. Riparian Corridor Setback Area. Development within riparian corridors shall be limited as follows:

1. Setback Distances. The riparian corridor setback area shall be 50 feet wide for Class 1 streams and 25 feet wide for Class 2 streams (based upon stream classifications established and maintained by the Oregon Department of Fish and Wildlife).

2. Riparian Corridor Development. Development within a riparian corridor setback area by fill or excavation, by placement of structures, by construction of impervious surfaces, or by removal of vegetation (with or without other development) is generally prohibited, except as listed in subsections (B)(2)(a) through (j) of this section. Approval of the following activities shall require a pre-application review pursuant to JCC 19.42.030 (Initiation of site plan review), and must be authorized by a development permit pursuant to JCC 19.41.020 (Development permits), prior to development. A riparian area mitigation plan may be required.

a. Streets, roads, and paths;

b. Drainage facilities, utilities, and irrigation pumps;

c. Water-related and water-dependent uses, such as boat ramps, landings, docks, platforms for irrigation equipment, push-up dams;

d. Replacement of existing structures with structures in the same location that do not disturb additional riparian surface area;

e. Reclamation activities intended to enhance riparian habitat;

f. Improvements to fish habitat or fish passage;

g. Aggregate mining between the banks of the stream;

h. Forest practices in the farm or forest resource zones where the forest practice is authorized by a permit issued under the Oregon Forest Practices Act;

i. Ongoing trimming and/or maintenance programs for the improvement of riparian and nonriparian vegetation; and

j. Removal of nonnative vegetation when replaced with native plant species.

3. Exceptions. Exceptions may be granted to the general prohibition of uses specified in subsection (B)(2) of this section. Requests for development shall require pre-application review procedures for site plan review as set forth in JCC 19.42.030, but shall be judged using the following standards only:

a. The development will result in equal or better protection for the riparian area because the riparian area will be restored, buffered, or enhanced through other special measures; and

b. The exception will not authorize alterations to occupy more than 50 percent of the width of the riparian area measured from the upland edge of the corridor; or

c. An existing lot or parcel proposed for development is rendered not buildable by application of the riparian setback;

d. A riparian area mitigation plan shall be required for all circumstances covered by subsections (B)(3)(a), (b) and (c) of this section. The requirement for a mitigation plan may be waived if both the County and the Oregon Department of Fish and Wildlife agree a mitigation plan is unnecessary;

e. Notice of all proposed exceptions, to include copies of proposed mitigation plans, if not waived, shall be given to the Oregon Department of Fish and Wildlife, the Division of State Lands, and the Department of Environmental Quality consistent with the notice requirements contained in JCC 19.32.030 (Mailed notice).

C. Rookery or Nest Sites. There shall be a structure setback of 300 feet from rookery or nest sites when the habitat has been documented on an inventory as a sensitive bird nesting, roosting or watering resource for osprey or great blue heron by the Oregon Department of Fish and Wildlife (ODFW), and the inventory has been furnished to Josephine County. A variance may be authorized to this setback requirement when adverse impacts to the rookery or nest site are resolved by an approved mitigation plan. The ODFW shall be given 30 days’ prior written notice of the proposed setback exception, to include a copy of the mitigation plan. The Department may comment on the plan or object to the proposed development. The variance shall be processed using variance procedures as set forth in Chapter 19.44 JCC (Variances), but shall be judged solely on whether the site continues to be a significant habitat site or whether the proposed plan adequately mitigates adverse impacts to the involved rookery or nest site. [Ord. 2006-003 § 1(3); Ord. 2006-002 § 1(3); Ord. 2006-001 § 1(2); 2005 RLDC § 72.040.]

A. Yard requirements for property abutting partial or future street right-of-way:

1. Except as provided in subsection (B) of this section, no building shall be erected on a lot which abuts a street having only a portion of its required width dedicated unless the yards provided and maintained in connection with the building have a width and/or depth needed to complete the street width, plus the width and/or depth of the yards required on the lot by this title;

2. Where an official map of the comprehensive plan requires the plans for the widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and the establishment of yards shall relate to the future street boundaries as determined by the official map.

B. No yard or open space provided around any building for the purpose of complying with the provisions of this section shall be considered as providing a yard or open space for any other building.

C. No yard or open space on adjoining property shall be considered as providing required yard or open space for another lot or development site.

D. No front yards provided around any building for the purpose of complying with the regulations of this title shall be used for public or private parking areas, garages, or other accessory buildings, except as specifically provided in this title.

E. If a building or group of buildings is located on two or more contiguous lots or parcels, so that the required setbacks and yards on each side of the property lines cannot be met, the lots or parcels shall be considered a single development site and the setback and yard requirements shall apply to the properties as a whole.

F. The following intrusions may project into required yards as follows:

1. Depressed Areas. In any zone, open work fences, hedges, guard railings, or other landscaping or architectural devices for safety protection around depressed ramps, stairs, or retaining walls may be located in required yards; provided, that such devices are not more than three and one-half feet in height;

2. Projecting Building Features. The following building features may project into the required front yard no more than five feet, and into the required interior yards no more than two feet; provided, that the projections are no closer than three feet to an interior lot line:

a. Eaves, cornices, belt courses, sills, awnings, buttresses, ramadas, or other similar features;

b. Chimneys, fireplaces, and heating and cooling equipment, provided they do not exceed eight feet in width;

c. Porches, platforms, or landings which do not extend above the level of the first floor of the building;

d. Signs conforming to Chapter 19.74 JCC;

e. Access facilities for the handicapped, including wheelchair ramps, may be located in any required yard; provided, that the facilities do not obscure moving vehicle traffic.

G. Front Yards.

1. If dwellings on both abutting lots are located within the front setback area, the front yard for the center lot need not exceed the average of the abutting lots;

2. If there is a dwelling on one abutting lot with a front yard of less than the required depth for the zone, the front yard for the lot need not exceed a depth of one-half way between the depth of the abutting lot and the required front yard depth;

3. When an attached or detached garage is to be built on a lot having an average elevation of at least 10 feet higher or lower than street level, the front of the garage may be located five feet from the front property line or at the point where ground elevation is five feet higher or lower than the street level, whichever is greater. The garage and driveway shall be constructed in a manner as to minimize traffic hazards.

H. Intrusions in a residential zone may be located in a required yard setback as follows:

1. Submersible pump insulation covers not exceeding 36 inches in height may be located in a front yard setback;

2. The following may be located in a side or rear yard setback: submersible pump insulation covers not exceeding 36 inches in height; portable storage buildings not to exceed 200 square feet (without plumbing); metal patio covers; carports, provided that no more than one side is enclosed; or similar noncombustible or ornamental fixtures. [2005 RLDC § 72.050.]

A. The cumulative size of all accessory structures (including attached garages, carports and shops) shall be limited based on the size of the lot or parcel on which they are to be constructed:

1. Smaller than one acre: 2,500 square feet;

2. One acre but smaller than three acres: 3,500 square feet;

3. Three acres but smaller than five acres: 4,000 square feet;

4. Five acres and larger: 6,000 square feet.

B. The Review Body shall review larger accessory structures using site plan review procedures as set forth in JCC 19.42.040.

C. In the RR-1 and RR-2.5 zones, and for lots zoned RR-5 that are less than two and one-half acres in size, the cumulative footprint of all buildings on the lot shall not exceed 50 percent of the lot area.

D. Lighting. No indoor lighting used in or by an indoor marijuana growing area, or indoor marijuana processing facility, shall be visible from dwellings on adjacent properties, nor cast light onto adjacent properties nor upward into the night sky, between dusk and dawn. [Ord. 2017-001 § 1(3); 2005 RLDC § 72.060.]

The purpose for establishing and maintaining standards for fences, walls, and screening is to protect certain uses from intrusion, to protect the public from uses which may be hazardous, and to increase compatibility of different land uses. [2005 RLDC § 73.010.]

On all corner lots and lots located at the intersection of alleys and streets, vision clearance areas shall be triangular in shape with the following minimum distances establishing two legs of the triangle: 15 feet for corner lots and seven and one-half feet for lots at the intersection of alleys and streets. No fences, walls, hedges or vegetation exceeding three feet in height when measured from the edge of the improved roadway may be located within the vision clearance area. [2005 RLDC § 73.020.]

A. In any residential zone, a retaining wall not over four feet in height as measured from the bottom of the footing, and a sight-obscuring fence or wall, not to exceed seven feet in height, may be located or maintained in any interior yard except where the requirements of the vision clearance area, pursuant to JCC 19.73.020, apply:

1. Sight-obscuring fences or walls may be placed on property lines.

2. Fences may be placed on property lines.

B. In any commercial or industrial zone, a retaining wall not over four feet in height as measured from the bottom of the footing, and sight-obscuring fences or walls not to exceed seven feet in height, may be located or maintained in any interior yard except where the requirements of the vision clearance area, pursuant to JCC 19.73.020, apply:

1. Sight-obscuring fences or walls may be placed in front yards provided such fences or walls do not exceed three and one-half feet in height.

2. Fences may be placed on property lines.

C. Composition.

1. Permanent or temporary sight-obscuring fences shall not be constructed of temporary or portable materials such as, but not limited to, root balls, hay bales, junk, appliances, inoperable vehicles or equipment, plastic sheeting, or tarps.

2. If a vegetative screen is allowed by state law and this title, the vegetative screening shall be planted so that when fully grown the canopy is retained solely on the lot with the marijuana production area. The vegetative screening, when mature, must be capable of screening mature marijuana plants/crops within three years of the planting of the vegetative screen. The screen shall be maintained to provide a live vegetative screen of the height required by state law and this title.

3. Shade cloth used for shading of plants is allowed for a temporary period not to exceed three consecutive months, and the shade cloth must be removed at the end of the growing season. [Ord. 2017-001 § 1(4); amended by Planning Director, 10-28-16; 2005 RLDC § 73.030.]

The purpose of sign regulations is to support the use of signing which is maintained in a safe and attractive condition, and to preserve and enhance the County’s visual environment. [2005 RLDC § 74.010.]

A. The following shall be considered the maximum size and height limitations for a sign. The size limits are in square feet and shall be considered the maximum for the total sign area:

B. The size limits below shall be considered the maximum allowed for the following resource zones: the forest commercial zone, the woodlot resource zone, the exclusive farm zone, the farm resource zone, the serpentine zone, and the limited development zone. The size limits are in square feet:

C. When a piece of property fronts two or more roads and is for sale, one sign meeting the size criteria for that type of sign may be placed on each street.

D. All sale and rental signs shall be set back 10 feet from the front property line and from any side property line which abuts a street.

E. The attached sign for the RC zone shall be placed flat against the building. The size of the sign shall be calculated to allow one and one-half square feet in sign area for each linear foot of building frontage paralleling a street or the maximum area listed in the table, whichever is less.

F. The on-premises detached sign in the RC zone shall identify a group of businesses combined as a shopping center, in addition to permitted sign areas for individual businesses in the shopping center.

G. In the RI zone, one sign, attached to the building, shall be allowed for the building frontage which faces a street, when the street frontage exceeds 200 feet. The sign shall be placed flat against the wall of a building, shall not exceed the size requirements listed in subsection (A) of this section, and shall not exceed 10 percent of the gross wall area of a building which faces the street.

H. Signs in the commercial and industrial zones may be illuminated but shall have no flashing or moving parts.

I. Signs for a home occupation may not be illuminated.

J. Signs for a bed and breakfast inn may be illuminated from the exterior of the sign.

K. Property identification signs may be illuminated from the exterior of the sign.

L. On-premises identification signs shall indicate the name and nature of any occupancy and/or the name and address of the building.

M. Subdivision or planned unit development identification sign not exceeding 32 square feet. [2005 RLDC § 74.020.]

In addition to specific sign standards listed in JCC 19.74.020, the following provisions shall apply to all zones:

A. Signs erected and maintained by or under authority of any federal, state, county, city, or public utility for the purpose of conveying information, warnings, distances, or directions are exempt from sign requirements;

B. Temporary political signs are permitted in accordance with the ORS;

C. No permanent or temporary signs shall be erected or placed in such a manner so that by reason of the position, shape, or color of the sign, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign including “Stop,” “Look,” “Caution,” “Warning,” or any other phrase, word, or symbol in such a manner as to interfere with, mislead, or confuse traffic;

D. Signs shall be maintained in a neat, clean, and attractive condition;

E. Signs shall be removed within six months after the business, product, or service is abandoned or no longer used;

F. Signs cannot be located within a County, state, or federal right-of-way;

G. The area of all signs shall be calculated using a measuring traverse. The measuring traverse shall be as follows:

1. A rectangle to be placed on the sign face so that the top and bottom sides are parallel to the ground grade, and whose four sides touch the extreme points of the outer edge of the sign frame and background;

2. If the sign is of a different geometric shape than a rectangle, then the measuring traverse is the same shape as the sign to be measured. [2005 RLDC § 74.030.]

The purpose of off-street parking is to establish and maintain areas for efficient and convenient parking for residential, civic, commercial, and industrial uses and to provide a safe means for discharging people and products from ground transportation. [2005 RLDC § 75.010.]

When a structure is erected or enlarged, or the use of an existing structure is changed, off-street parking spaces, loading areas, and access shall be provided as set out in this chapter. Off-street parking shall not occur in any right-of-way required by this title. If parking facilities have been provided in conjunction with an existing use, the facilities shall not be reduced. [2005 RLDC § 75.020.]

Off-street parking shall be provided on the development site or within 400 feet of the development site to be served by the parking facility. All parking must be located on the same lot or parcel as the development or on a lot or parcel under the same ownership as the development site unless a special covenant or agreement is approved by the Review Body, which will dedicate the parking to the development. [2005 RLDC § 75.030.]

A. All public or private parking areas and parking spaces, except those required in conjunction with a single-family dwelling on a single lot, shall be designed and laid out to conform to the minimum standards as set forth in this section and the property development standards of the zone in which the parking area is located.

B. Groups of three or more parking spaces on a single lot, except those in conjunction with single-family dwellings, shall be served by a service road so that no backward movement or other maneuvering of a vehicle within a street, other than an alley, will be required. Service roads shall be designed and constructed to facilitate the flow of traffic, provide maximum safety in traffic ingress and egress, ensure the maximum safety of pedestrians and vehicular traffic on the site, but in no case shall two-way and one-way driveways be less than 20 feet and 12 feet wide respectively.

C. Public parking areas which are a permitted use shall be designed and laid out in conformance with this section.

D. Parking space dimensions shall be as follows:

1. Truck or recreational vehicle parking space shall be designed to adequately accommodate the proposed use;

2. Standard parking space shall be no less than nine feet wide by 20 feet long;

3. Compact parking space shall be no less than eight feet wide by 17 feet long.

E. Bicycle racks or designated handicapped parking may be required when parking exceeds 20 spaces per parking area. [2005 RLDC § 75.040.]

The actual number of parking spaces required for a development or use will be set by the applicant. [2005 RLDC § 75.050.]

All public or private parking areas which contain three or more parking spaces and outdoor vehicle sales areas shall be improved according to the following:

A. If the parking area is not paved, then it shall be rocked or shaled;

B. All parking areas, except those in conjunction with a single-family dwelling, shall be graded so as not to drain storm water over the public sidewalk or onto any abutting public or private property without the express permission of the property owner;

C. All parking areas, except those required in conjunction with a single-family dwelling, shall provide a substantial bumper which will prevent cars from encroachment on abutting private or public property;

D. Except for single-family dwellings and vehicle sales areas, all parking areas, including service roads, which do not abut a commercial or industrial zone shall be enclosed along all interior property lines which do not abut the commercial or industrial zone, by a fence or wall not less than four feet and not more than six feet in height. The fence or wall shall meet the standards for visual clearance and front and interior yard requirements as established for the zone in which it is located:

1. If the fence or wall is not located on the property line, the area between the fence or wall and the property line shall be landscaped with lawn or low-growing evergreen ground cover or vegetative or rock mulch;

2. All plant vegetation in this area shall be adequately maintained and any fence or wall shall be maintained in good condition. Adequate provisions shall be maintained to protect walls, fences, or plant materials from being damaged by vehicles using the parking area.

E. All exterior lighting, including light emitted from security systems, shall be shielded or use a hood and lens that cast light downward so as to ensure no light is cast onto adjacent properties nor upward into the night sky. If the lighting mechanism does not utilize a hood or lens, lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light-emitting part. [Ord. 2017-001 § 1(5); 2005 RLDC § 75.060.]

The purpose of this chapter is to establish minimum wildfire and safety mitigation standards for development, replacement, substantial improvement or relocation of structures. This chapter is intended to reduce threats to human life and safety, to structures and to wild lands, and to improve access in emergencies.

It is also the intent of this chapter to achieve the greatest possible application of wildfire and emergency safety standards by covering new dwellings where authorized as permitted uses. In order to achieve this objective, this chapter shall provide for reduced review and approval procedures for new, replacement of, substantially improved and relocated dwellings in other zones, as specified in JCC 19.76.020(D) and 19.76.100(A). [2005 RLDC § 76.010.]

The development and construction standards contained in this chapter shall be applied during the review and approval of the following land use actions:

A. Land Divisions. Land divisions in any zone approved pursuant to Division V of this title shall be required to develop wildfire mitigation plans that assure safety of the whole development, and that assure individual lots or parcels within the land division are able to comply with the provisions of this chapter. The Review Body shall apply the standards contained in this chapter to the extent needed to assure that its purposes are met.

B. Site Plan Review and Conditional Use Permits. Any land development that requires review and approval pursuant to the provisions of Chapter 19.42 JCC (Site Plan Review) or Chapter 19.45 JCC (Conditional Use Permit) shall be required to develop wildfire mitigation plans that assure safety of the development. The Review Body shall apply the standards contained in this chapter to assure that its purposes are met.

C. Forest Zones. The development of new structures, the substantial improvement of existing structures, the relocation of structures and the replacement of structures in forest zones (Chapter 19.65 JCC) shall meet the requirements of this chapter.

D. Other Zones. The development of new dwellings in any zone other than the forest zones shall demonstrate compliance with all of the applicable standards of this chapter. The relocation or replacement of existing dwellings in any zone other than the forest zones shall be required to demonstrate compliance with the standards for construction (JCC 19.76.030), fire protection service or on-site fire protection plan (JCC 19.76.060) and vegetation mitigation (JCC 19.76.080) only. Improvements to existing dwellings must only comply with the standards for construction (JCC 19.76.030), except for roofing requirements, as they apply to the new construction and not the existing structure or structures. Compliance for all types of development under this section shall be accomplished by meeting the application and self-certification requirements contained in JCC 19.76.100(A).

E. Other Requirements. Nothing in this chapter is intended to waive or diminish any other development standard, regulation or other provision required in this title or elsewhere. [2005 RLDC § 76.020.]

A. Steep Slopes. Slopes in excess of 40 percent may be disturbed or altered only after the disturbance or alteration is authorized pursuant to the requirements for modification of standards contained in JCC 19.76.090. Dwellings in forest zones shall not be sited on slopes greater than 40 percent.

NOTE: Site development that disturbs ground with slopes at or above 15 percent, or that have granitic soils, requires an approved erosion control plan prepared by a registered engineer before disturbance. See Article 83, Erosion Control and Storm Drain Facilities.

B. Construction of Structures. The development of new structures and the substantial improvement, relocation and replacement of existing structures shall implement the following construction features:

1. Roofing materials shall meet fire rating class A or B as established by the National Fire Protection Association. Exterior wood roofing of any type is prohibited.

2. Chimneys and stove pipes shall be capped with a spark arrester that meets the standards established by the National Fire Protection Association.

3. The exposed undersides of porches, decks and balconies three feet or less above the ground shall be enclosed with one-fourth inch or smaller noncombustible, corrosion resistant metal mesh.

4. Areas beneath decks, porches, balconies and roofs greater than three feet above the ground shall be maintained free of combustible materials.

5. Attic openings, soffit vents, foundation louvers and vents and other direct openings in outside walls, overhangs and roofs shall be no larger than 144 square inches and shall be covered with one-fourth inch noncombustible, corrosion resistant metal mesh. [2005 RLDC § 76.030.]

Driveways and new public roads shall meet the following requirements:

A. Driveways.

1. Driveways shall be developed to within 50 feet of all habitable structures and 150 feet of nonhabitable structures.

2. Driveways shall be constructed to meet all of the following minimum standards:

a. Width. Driveways shall be at least 12 feet wide in straight sections and at least 14 feet wide in all curves that have a centerline radius at any point less than 150 feet. It may be advisable to increase further the width of driveways in some curves to assure that emergency equipment remains on the developed surface throughout the entire turn.

b. Turning Dimensions. Driveway curves shall have a minimum curve radius of 48 feet. Driveway approaches to public roads shall have an inner radius of 20 feet in both directions.

c. Grade. Driveways shall comply with the following grade limitations:

[1] Driveway development that disturbs areas with slopes at or above 15 percent or that involves granitic soils requires an approved erosion control plan prepared by a registered engineer before disturbance. See Chapter 19.83 JCC (Erosion Control and Storm Drain Facilities).

[2] No portion of any driveway shall have grades that exceed 15 percent, except grades may increase to 18 percent for intervals of not more than 100 feet as long as there are no more than three 100-foot sections in excess of 15 percent per 1,000 feet of driveway.

[3] All areas within curves that have a centerline radius of less than 150 feet shall not exceed a 15 percent grade.

[4] Changes in grades within driveways shall not exceed one percent in three feet.

d. Clearances. Areas around driveways shall be cleared as follows:

[1] The area above the entire length and width of driveways shall be cleared and kept clear of all obstructions for a minimum vertical distance of 13 feet, six inches.

[2] A strip at least two feet wide along both sides of the prescribed width of the driveway, and for its entire length, shall be established to the standards for secondary safety zones in JCC 19.76.080(C)(2); provided, however, that the vegetation in these areas cannot exceed six feet in height.

e. Surfaces. Driveways shall be surfaced as follows:

[1] Driveways with slopes below 15 percent shall be constructed as follows:

[A] A base course of six inches to eight inches of pit run rock; and

[B] A leveling course of two inches to three inches of three-fourths inch minus angular gravel; and

[C] Compacted by proof-rolling the rocked and graveled courses with a fully loaded 10 cubic yard dump truck or other vehicle with equivalent weight; or

[D] Base and leveling courses and compaction standards for a restricted rural residential road when the driveway is paved with asphalt; or

[E] To standards different from the ones specified in subsection (A)(2)(e)[1][A] through [C] of this section, provided the alternative standards are supported by a driveway construction plan prepared by a registered engineer that contains a certification that the surface, as built, will support 50,000 pounds, provide adequate drainage and traction and prevent significant degradation or deterioration as a result of rain or freezing and thawing.

[2] Driveways on granitic soils or with slopes of 15 percent or greater shall be constructed to the surface standards specified in a driveway construction plan prepared by a registered engineer that contains a certification that the surface, as built, will support 50,000 pounds, provide adequate drainage and traction and prevent significant degradation or deterioration as a result of rain or freezing and thawing.

[3] In transitions from dirt, rock or gravel to hardened surfaces, the hardened surface shall be extended 25 feet on each end beyond the slope to minimize dig outs and other deterioration of the surface.

f. Structures. A structure or fill and culvert shall be provided to cross all live streams, ravines, gullies, irrigation ditches and similar features. These structures shall have the same width as the width required for the driveway at the structure or fill and culvert location. Bridges shall be certified by a registered engineer as being capable of supporting at least 50,000 pounds. Culverts shall be a minimum of 12 inches in diameter and shall be designed to carry American Association of State Highway and Transportation Officials HS-20 Loading.

g. Turnarounds. Driveways leading to structures or to water sources used for fire suppression shall terminate in a turnaround area that is surfaced consistent with the surface requirements for the connecting driveway and has a minimum inner radius of 27 feet and a minimum outer radius of 42 feet.

h. Turnouts. Driveways in excess of 600 feet shall have vehicle turnouts at a maximum spacing of every 400 feet. Turnouts at more frequent intervals may be advisable when conditions caused by steep grades, dense vegetation, and/or frequent curves create unsafe passage. Turnouts shall consist of a 12-foot-wide by 25-foot-long driving area immediately adjacent to the driveway. Turnouts shall be surfaced with the same surface as the adjoining driveway.

i. Gates. Gates on private driveways shall provide a clear opening of at least 12 feet on straight stretches and 14 feet on all curves. Gates must be set back at least 30 feet from the public road or highway to allow emergency vehicles to clear the roadway when stopped at the gate.

j. Maintenance. Driveways shall be maintained to these standards in order to assure the accessibility of property and to protect firefighters and other emergency personnel.

B. Public Roads. New public roads longer than 800 feet in length that are created by a land division pursuant to Division V of this title shall provide access for residents and emergency service personnel consistent with the following requirements:

1. Looped Roads. When it is both feasible and practical, new public roads shall connect to existing public maintained or nonmaintained roads to create a looped road system.

2. Emergency Access. When a looped road system cannot be achieved, and it is feasible and practical to do so, new public roads shall be developed with emergency access. Emergency access is easement access that lawfully connects a new public road to another public road, street plug, public usage road, way of necessity or service road under control of the United States Department of Agriculture or the Interior. An emergency access may be gated or temporarily blocked in compliance with the standards and procedures set forth in Josephine County Board of Commissioners Order No. 2001-13 (Gated Streets), or as otherwise approved by the fire authority having jurisdiction under the order.

3. Special Mitigation Measures. When it is not feasible or practical to develop new public roads with looped or emergency access as required above, then the tentative plan shall be reviewed using the modification of standards procedures contained in JCC 19.76.090. The Wildfire and Emergency Safety Standards Review Committee may develop a fire mitigation plan for the land division and for individual lots within the land division that offset, to the greatest extent feasible, the lack of looped or emergency access through other practical measures. [Amended by Planning Director, 10-28-16; 2005 RLDC § 76.040.]

Address and direction signs shall be permanently posted and maintained at driveway entrances and at any subsequent driveway intersections so that they clearly and effectively direct approaching emergency traffic to structure locations. Signs shall be posted and kept visible to indicate the nature anwd location of water sources that can be used for fire suppression. Numbers or letters used in the signs shall be at least three inches high and consist of light reflective material. [2005 RLDC § 76.050.]

As a condition of a permit to develop, the owner shall provide proof of fire protection service or fire protection measures that meet one of the following options:

A. Fire Protection District. The property upon which a structure or structures are to be developed is located within a fire protection district and the district agrees in writing to cover the structures, or the property is not located within a fire district, but the owner has requested to be included in the district and the district agrees in writing to include the property within the district before the development of any structure begins; or

B. Contract Fire Protection. If the property cannot be located within a fire protection district, but fire protection service is available from a commercial fire service provider that is listed on the state fire marshal roster and the owner provides a contract for fire protection to cover the property before the development of any structure begins; or

C. On-Site Fire Protection Plan. If the options described in subsections (A) and (B) of this section are not achieved, the owner shall devise and implement a special on-site fire protection plan as a condition of the permit. The plan shall include measures such as on-site water storage, fire sprinkling systems, additional safety zones, the placement of structures in the most defensible locations, storage of on-site firefighting equipment, and any other practical and effective measures given the conditions at the site. The special on-site fire mitigation measures shall be reviewed and approved utilizing the modification of standards procedures contained in JCC 19.76.090. Note: In the forest zones, a dwelling shall be located in accordance with subsections (A) and (B) of this section and only (C) if residential fire protection is determined to be impracticable per OAR 660-006-0035. [2005 RLDC § 76.060.]

On-site water sources required for fire protection pursuant to JCC 19.76.060(C) shall comply with the following requirements:

A. Water Source. Water sources shall meet one of the following requirements:

1. A pond, swimming pool, noncombustible storage tank, lake or a similar body of water that contains at least 4,000 gallons of water year round; or

2. A stream or spring having a continuous year-round flow of at least one cubic foot per second.

B. Authorization. The application shall include a written statement from the Oregon Water Resources Department verifying that permits or registrations required for any water diversion or storage are obtained or not required.

C. Access. Driveway access and a turnaround meeting the requirements of JCC 19.76.040(A)(2) shall be developed to within 10 feet of the water source.

D. Signs. Permanent signs meeting the requirements of JCC 19.76.050 shall be posted along the driveway to direct emergency vehicles to approved water sources. “No Parking” signs shall be posted and maintained to prevent interference with equipment attempting to gain access to such water sources. [2005 RLDC § 76.070.]

A. Purpose. The purpose of this section is to establish and implement fire safety zones. A fire safety zone is an area in which fire hazard is mitigated by the reduction, removal or limitation of vegetative fuels around structures. Safety zones can also be enhanced by the selection and placement of special fire resistant landscaping.

1. Fire safety zones shall be established to reduce the risk to structures from advancing wildfire, the risk to residents and emergency personnel who may be evacuating or accessing the site during wildfire conditions, and the threat to surrounding neighborhoods from structure fires.

2. Fire safety zones shall not be imposed in streamside setbacks established in Chapter 19.72 JCC to protect riparian vegetation. The presence of protected riparian vegetation within a fire safety zone shall not require the relocation of a site proposed for a structure or the denial of a permit sought under this chapter.

B. Fire Safety Zones.

1. Purpose. A fire safety zone is a fuel break designed to slow the speed and intensity of fire to or from structures, and to create an area in which fire suppression operations may more safely and effectively occur.

2. Character. Fire safety zones shall be a natural or a human-made area where material capable of allowing fire to spread either does not exist or has been cleared, modified or treated in a way that significantly reduces the speed and intensity of fire to move to and from structures.

3. Types of Zones. There shall be two types of fire safety zones, designated as the primary safety zone and the secondary safety zone. In all cases the primary safety zone shall be developed for a distance of 50 feet in all directions from structures as measured along the ground from the farthest extension of the structure, to include attached carports, decks or eaves. A secondary safety zone shall be established around the primary safety zone for an additional 50 feet in all directions. On sites on which the slope abutting any structure exceeds 20 percent, the secondary safety zone shall extend an additional 50 feet in all directions.

C. Fuel Mitigation. Fuel mitigation within fire safety zones shall conform to all of the following requirements:

1. Primary Safety Zones.

a. Ground cover within the primary safety zone shall consist of one or more of the following conditions:

[1] An area of asphalt, bare soil, concrete, rock or other nonflammable material; or

[2] An area of dead grass cut to four inches or less, leaves, needles, twigs and other similar flammable materials, provided such materials do not create a continuous fuel bed and are at least four feet away from structures; or

[3] An area of low growing vegetation species such as green grass, ivy, succulents and other similar species; provided, that it is maintained in a green condition and substantially free of dead plant material.

b. Other vegetation within the primary safety zone shall consist of single specimens or isolated groupings of native trees and shrubs, and fire resistant ornamental trees, shrubs and other plants, provided that they are:

[1] Maintained in a green condition;

[2] Maintained substantially free of dead plant material;

[3] Pruned and maintained so that crowns are separated by a distance of 15 feet and limbs below eight feet in height are removed; and

[4] Pruned and maintained so that no limbs touch a structure, or overhang a roof or are within 15 feet of a chimney or stovepipe.

[5] Live fruit trees shall not be required to meet the requirements of subsections (C)(1)(b)[3] and [4] of this section.

c. Open firewood storage shall not occur within 30 feet from structures.

2. Secondary Safety Zones. Trees within the secondary safety zone shall be pruned and maintained so that trunks are separated by a distance of 15 feet and any branches below eight feet in height are removed. Live fruit trees shall not be required to meet these spacing and limbing requirements. Small trees, brush growing underneath the remaining trees and dead vegetation and other debris shall be removed.

3. Fire Resistant Plants. Characteristics and examples of appropriate landscape plants can be found in “Fire-Resistant Plants for Oregon Home Landscapes,” published in 2002 by Oregon State University Extension Service as Forest Resource Note No. 6. Additional information is available from firewise.org and other Internet sites.

4. Modification of Safety Zones. In the event a property owner is unable to meet the space requirements for primary or secondary safety zones because the proposed home site is too close to one or more property lines, it is the policy of this chapter to resolve space issues using the following priority of actions:

a. The home site shall be relocated to an alternative site that allows the space requirements to be met; or

b. If an alternative and qualifying home site is infeasible or impractical, the property owner shall obtain the necessary easement(s) from the adjoining property owner(s) that allows the needed safety zone area to be added, developed and maintained; or

c. If the actions described in subsections (C)(4)(a) and (b) of this section cannot be achieved, then the request to modify the space requirements shall be reviewed using the modification of standards procedures contained in JCC 19.76.090. [2005 RLDC § 76.080.]

A. Purpose. The purpose of this section is to establish procedures for the review and possible modification of certain wildfire and emergency safety standards.

B. Standards Subject to Modification. The standards that may be modified under this section are subject to the following rules:

1. General Standards Subject to Modification. The following wildfire and emergency safety standards may be modified under the authority of this section:

a. Site development and construction standards (JCC 19.76.030);

b. Special mitigation measures for public roads (JCC 19.76.040(B)(3));

c. On-site fire protection plan (JCC 19.76.060(C));

d. Vegetation mitigation (JCC 19.76.080).

2. Access Standards Subject to Modification.

a. Driveway Connects to Maintained Public Road. When a driveway wholly on the applicant’s property connects to a road that is maintained by the County or state, the access standards contained in JCC 19.76.040 may be modified, except that the provisions of JCC 19.76.040(A)(2)(c) (maximum driveway grade of 18 percent), JCC 19.76.040(A)(2)(e) (driveway surfaces), and JCC 19.76.040(A)(2)(f) (driveway structures) shall not be modified.

b. Driveway Connects to Private or Nonmaintained Public Access. When a driveway connects to an easement or public usage road, or the applicant’s property is served by a nonmaintained public road (or any combination of these circumstances), the Wildfire and Emergency Standards Review Committee is authorized to recommend modifications to any of the access standards contained in JCC 19.76.040.

C. Application Requirements. Modification of wildfire and emergency safety standards shall be initiated by site plan review application pursuant to the review procedures contained in Chapter 19.42 JCC (Site Plan Review). The Director shall develop wildfire and emergency safety standards modification application and mapping requirements consistent with the functions of this chapter and Chapter 19.42 JCC.

D. Wildfire and Emergency Safety Standards Review Committee. All requests to review and modify wildfire and emergency safety standards shall be reviewed by a special site plan review committee called the Wildfire and Emergency Safety Standards Review Committee.

1. Composition. The Director shall notify and involve other appropriate County departments, government agencies, political jurisdictions and fire protection districts. In addition, other wildfire and safety experts may be involved as the Director determines necessary or helpful to review applications.

2. Function. It is the function of the Committee to review all requests to modify the standards noted in subsection (B) of this section. The Committee may recommend or oppose proposed modifications. If the Committee recommends modification, it may also recommend other mitigation measures that are designed to offset risks resulting from modification. If the Committee recommends against modification, it shall explain why the modification should not occur. The Committee’s recommendation shall be in writing.

3. Authority. Action by the Committee shall not be considered a land use decision or final decision for appeal. The Director shall consider the recommendations of the Committee in making the final decision as specified in JCC 19.42.040(C). The Director, however, shall not modify any wildfire or safety standard without Committee review.

E. Variances. The wildfire and emergency safety standards contained in this chapter shall not be modified by procedures for variances (Chapter 19.44 JCC, Variances).

F. Forest Zones. The wildfire and emergency safety standards for new dwellings in forest zones, as established by OAR 660-006-0029 and 660-006-0035 shall not be made less restrictive using the procedures in this chapter or Chapter 19.44 JCC (Variances). [2005 RLDC § 76.090.]

The development of new, remodeled, relocated or replaced dwellings in any zone other than the forest zones shall comply with the following application and approval procedures:

A. Application Requirements. Prior to issuance of a development permit for the development of dwellings in other zones, the owner shall submit to the Planning Office for review and approval:

1. A plot plan meeting the requirements of JCC 19.41.020(B)(3);

2. Proof of fire protection service meeting the requirements of JCC 19.76.060(A) or (B) (if fire protection service is not available, the application shall be subject to the requirements of subsection (C) of this section);

3. Proof of on-site water supply.

B. Certification of Compliance. Prior to obtaining a certificate of occupancy from the County Building and Safety Department, the owner(s) shall complete a certificate of compliance on forms provided by the Planning Office. The certificate of compliance shall certify, by the signature of all owners of record for the property, that all applicable wildfire and emergency safety standards required by this chapter have been satisfied. The Planning Director shall maintain the original certificate of compliance in the Planning Office file for the property.

C. Absence of Fire Protection Service. In the event that the lot or parcel cannot demonstrate proof of fire protection as required by subsection (A)(2) of this section, the owners shall submit an on-site fire protection plan as described in JCC 19.76.060(C). The plan shall be reviewed pursuant to JCC 19.76.090 (Modification of standards). [Amended by Planning Director, 10-28-16; 2005 RLDC § 76.100.]

Applications for new, remodeled, relocated and replaced dwellings and other structures within the forest zones, and as may be determined during application review for land divisions, site plan reviews and conditional use permits, shall include the following information and plot plans:

A. Information.

1. Site Description. The site shall be described with current photographs depicting all areas proposed for the development of driveways, turnarounds and structures, together with a brief written description of the understory and over story vegetation present on the property. The description shall include an explanation of the clearing, thinning or landscaping planned on the property.

2. Fire Protection. As required by the provisions of JCC 19.97.060, fire protection shall be demonstrated in one of the following ways:

a. A written statement from the appropriate fire protection district stating the district agrees to include the property within the district before the development of any structure; or

b. A copy of the contract for fire protection by a commercial fire service provider that will be effective before the development of any structure; or

c. A proposed on-site fire protection plan.

3. Water Supply. Documentation shall be included showing the existing or proposed domestic water supply is authorized by the Oregon Department of Water Resources.

4. Erosion Control Plan. If any development of the property will disturb areas that exhibit slopes that are 15 percent or greater, or involve granitic soils, a proposed erosion control plan pursuant to Chapter 19.83 JCC (Erosion and Storm Drain Facilities) shall be included. No disturbance shall occur until the plan is approved.

5. Driveway Construction Plan. If a driveway construction plan is used or required to meet the surface requirements in JCC 19.76.040(A)(2)(e), the proposed driveway construction plan and surface certification shall be included.

6. Safety Zone Documentation. Copies of recorded easements shall be included if any part of the safety zones are to be implemented on other property.

7. Public Roads. Land divisions involving public roads longer than 800 feet in length shall include a mapped and written description of the looped road or emergency access features of the development plan. If the plan is supported by agreements with other landowners, copies of the agreements should be included with the application. If looped or emergency access is not practical or feasible, the application shall include a brief statement explaining why this is so.

8. Gate Features. If a gate is to be constructed within the driveway, a written description of the gate’s features, and how these features comply with the requirements of JCC 19.76.040(A)(2)(i) shall be supplied.

B. Home Site Plot Plan. A plot plan for the home site development shall be prepared that contains the following features:

1. Basic Mapping Requirements. The plot plan shall be drawn to a common, even scale (e.g., one inch equals 50 feet, 100 feet, 200 feet, 400 feet) that accurately depicts development features at practical dimensions, and includes a north arrow. Inserts or breakout diagrams may be used when a single common scale is ineffective.

2. Map Features. The plot plan shall depict or note the following features at scale:

a. Contour at intervals not greater than 40 feet.

b. All structure locations with distances from the two closest property lines noted.

c. The location of driveways and required turnaround areas in the vicinity of the home site demonstrating a 48-foot radius that utilizes an authorized design.

d. The location and kind of domestic water source.

e. The location of the existing or proposed septic system.

f. The location, dimension and capacity of water storage structures.

g. The location of the primary and secondary safety zones.

C. Driveway Plot Plan.

1. Basic Mapping Requirements. The driveway plot plan shall be a separate drawing from the home site plot plan and shall be drawn to a common, even scale (e.g., one inch equals 50 feet, 100 feet, 200 feet, 400 feet) that accurately depicts development features at practical dimensions, and includes a north arrow. Inserts or breakout diagrams may be used when a single common scale is ineffective.

2. Map Features Required. The plot plan shall depict the entire length of the driveway, to include turnaround areas, and consist of both flat and cross-sectional (plan and profile) views. The plot plan shall contain or note the following features at scale:

a. Location of all water sources capable of being used for fire suppression.

b. Minimum width of the driveway with wider areas noted and measured.

c. Radius and grade dimension within curves.

d. Centerline radius of the driveway approach to a public road.

e. Turnout locations and dimensions.

f. Proposed driveway surface materials.

g. Percentage of grade at regular intervals and transition points.

h. Places of natural streams, ditches, ravines and drainageways.

i. Places of proposed driveway structures (bridges, fill and culverts, etc.) and cuts and fills that may exceed four feet.

j. Areas of vegetation modification adjacent to the driveway.

k. Gate locations.

l. Survey data or maps if available. [2005 RLDC § 76.110.]

All exterior lighting, including light emitted from security systems, shall be shielded or use a hood and lens that cast light downward so as to ensure no light is cast onto adjacent properties nor upward into the night sky. If the lighting mechanism does not utilize a hood or lens, lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light-emitting part. [Ord. 2017-001 § 1(6).]

No indoor lighting used in or by an indoor marijuana growing area, or indoor marijuana-processing facility, shall be visible from dwellings on adjacent properties, nor cast light onto adjacent properties nor upward into the night sky, between dusk and dawn. [Ord. 2017-001 § 1(6).]