The purpose of this division is to establish supplementary development standards for land uses that present unique or complex land use planning opportunities or constraints. [Ord. 2018-003 § 1; 2005 RLDC § 90.010.]

The standards in this division relate to special characteristics of the uses and, unless otherwise specified, are to be applied in addition to all other applicable standards prescribed in this code. In the event that the standards contained in this division differ from other applicable standards in this code, the more stringent shall apply. [Ord. 2018-003 § 1; 2005 RLDC § 90.020.]

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.]

The purpose of this chapter is to provide clear and objective development standards and review procedures for approval and operation of mineral and aggregate mining and processing sites located in any zone where these uses are authorized. The procedures, standards and other requirements identified in this chapter apply to both mineral and aggregate sites unless specifically noted otherwise. [Ord. 2006-002 § 1(4); 2005 RLDC § 91.010.]

A. All applications for the mining or processing of mineral and/or aggregate resources in zones other than the mineral and aggregate resource zone (MARZ) and the aggregate resource zone (AR) shall be processed as conditional use permits (Chapter 19.45 JCC), with a site plan review (Chapter 19.42 JCC), and shall utilize quasi-judicial review procedures as set forth in review procedures (Chapter 19.22 JCC).

B. Mining or processing of aggregate and mineral resources in zones other than the MARZ (Chapter 19.66A JCC) which have been lawfully permitted by Josephine County and DOGAMI, but which have been inactive (see definition of “Inactive” in JCC 19.11.110) for up to 12 years, may restart operation without issuance of a new conditional use permit, subject to the following:

1. Demonstration the owner or operator was issued and continuously renewed a DOGAMI surface mining permit for the mine area during the entire period of inactivity; or

2. Demonstration the owner or operator has received and maintained a DOGAMI exemption from surface mining regulation during the period of inactivity; and

3. The owner or operator must apply for site plan review pursuant to JCC 19.42.030, and a development permit must be issued authorizing the proposed mining.

C. Mining or processing of aggregate resources in zones other than the MARZ and the aggregate resource zone which have been inactive for 12 years or more must be authorized by a new conditional use permit (Chapter 19.45 JCC), subject to site plan review procedures (JCC 19.42.040), before restarting operation. Mining may also be authorized by amending the zoning for the site to the MARZ, subject to the requirements of Chapter 19.66A JCC.

D. New mineral and aggregate batching or blending into asphalt cement shall not be permitted in exclusive farm use zones when the batching or blending site is within two miles of a planted vineyard. A planted vineyard is one or more vineyards totaling 40 acres or more that are planted as of the date the application for batching or blending is filed. Operations for batching or blending which are approved on or before October 3, 1989, including subsequent renewals, are exempt from this subsection. [Ord. 2006-002 § 1(4); 2005 RLDC § 91.020.]

Subject to the qualifications listed in this section, the following standards shall be the minimum standards for the mining and processing of mineral and/or aggregate resources in all zones that permit these uses. Mining or processing authorized as a conditional use or by site plan review may impose additional and/or more stringent standards in order to achieve compliance with applicable criteria. Operations authorized pursuant to the MARZ shall include standards for operation with the zone. The standards for operation contained in this chapter may be added to, modified or deleted by the implementation of the requirements contained in OAR 660-023-0180 or by an approved impact area agreement (IAA) adopted as part of the zoning decision (see JCC 19.66A.050, Placing land within the mineral and aggregate resource zone). In all cases, applicable standards of operation must be clear and objective. The minimum standards for operation are:

A. A development permit shall be obtained before any mining and/or processing of mineral or aggregate resources. The applicant shall also obtain all other permits required by this title and other licensing or permitting entities having jurisdiction over the operation. The continuance of additional permits and approvals in good standing shall be a condition for the continuance of the County’s development permit. The performance of the standards required by this chapter shall also be necessary for the issuance and continuance of the development permit.

B. The access or service road(s) to and from the extraction site to a public road shall meet the following standards:

1. The applicable standards from OAR Chapter 340, Division 35, for vehicular noise control for a distance of 500 feet in all directions from any public road or conflicting use located along the access road.

2. The most current air quality standards from OAR Chapter 340, Divisions 20, 21, and 28 for ambient air quality for a distance of 500 feet in all directions from any public road or conflicting use located along the access road if the mining traffic is the primary cause of the road dust. Where more than one mining operation uses the same road, all operators shall be proportionately responsible for the cost and management of dust abatement measures based on vehicle trips per day.

C. The extraction area shall be substantially screened from the view of existing conflicting uses, subject to the following specifications:

1. Mining and processing equipment, whether in use or in storage, shall be screened. Stockpiles of aggregate do not need to be screened and may be used for screening.

2. Screening may consist of natural vegetation and landscape features, or may be supplied by planting vegetation or placement of berms, fences or other similar development features. If vegetation is used as screening it shall be maintained alive.

3. Earthen berms shall be stabilized with ground cover.

4. Visual screening may not be required if the topography, growing conditions or other circumstances at the site make it impractical or otherwise unnecessary to shield the site from the view of conflicting uses.

D. On-site parking shall be provided for all employees, customers and official visitors.

E. A safety fence must be constructed to protect the extraction site from vehicular or pedestrian intrusion whenever the site is within 200 feet from a public road or an off-site residence, or where the quarry is developed with hazardous vertical cuts. The safety fence may consist of orange vinyl fence material commonly used at construction sites.

F. All mining and processing of mineral and/or aggregate resources shall meet and maintain the permit requirements of the Oregon Departments of Geology and Mineral Industries (DOGAMI), Division of State Lands (DSL), and Environmental Quality (DEQ).

G. All mining and processing of mineral and/or aggregate resources shall comply with OAR noise emission standards. Compliance for the purpose of issuing a development permit can be demonstrated by a report from an acoustical engineer attesting that the circumstances of the site and/or proposed mitigation will bring the site into compliance.

H. All mining and processing of mineral and/or aggregate resource sites shall meet the erosion control and site drainage standards contained in Chapter 19.83 JCC (Erosion Control and Storm Drain Facilities), as well as any permit requirements imposed by DOGAMI, DSL, DEQ, or any other state or federal regulation.

I. The discharge of contaminants and dust caused from the mining and processing of mineral and/or aggregate resources shall comply with applicable DEQ ambient air quality and emission standards. The operator shall cease all mining and processing operation within one hour of the malfunction of any air pollution control equipment, and shall not resume operation until the malfunction has been corrected in compliance with applicable DEQ rules and standards.

J. Excavation and stockpiling shall be set back from property lines so that the lack of lateral support and the angle of repose of the geologic deposit will not undermine or intrude onto adjoining lands. An additional setback may be required to allow the placement and maintenance of fencing.

K. Mining and processing of mineral and/or aggregate resources shall be set back from the top of the bank of any stream in compliance with JCC 19.72.040(B) (Riparian Corridor Setback Area). Existing native vegetation shall be maintained in the setback area.

L. Mining and processing of mineral and/or aggregate resources within flood hazard areas, as defined in Chapter 19.11 JCC (Definitions), shall comply with the standards contained in Chapter 19.69A JCC (Flood Hazard Overlay).

M. The hours of operation for the mining and processing of mineral and/or aggregate resources shall be 8:00 a.m. to 6:00 p.m. for conditional uses, and 7:00 a.m. to 9:00 p.m. for MARZ. The days of operation shall be Monday through Saturday, excluding the following holidays: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Maintenance of equipment may take place at any time.

1. If the mine owner or operator so requests, the Planning Director shall authorize exceptions to the above operating hours and days for asphalt or concrete batch plants, subject to the following limitations:

a. The additional hours must be a requirement of a state, local, or federal government contract; and

b. Not more than three exceptions may be granted in a calendar year; and

c. The total duration of exceptions may not exceed 90 days in a calendar year.

2. The Planning Director may authorize additional or different operating hours and time periods for asphalt or concrete batch plants than those specified above. Authorization must use quasi-judicial land use decision procedures specified in Chapter 19.22 JCC (Permit Review Procedures), to include neighborhood notice and the right to appeal the decision for a de novo hearing.

N. The hours for blasting at the extraction site shall be limited to 10:00 a.m. to 3:00 p.m. for operations authorized as conditional uses, and 7:00 a.m. to 6:00 p.m. for operations authorized within the MARZ. The permitted days shall be Monday through Friday, excluding the holidays listed in subsection (M) of this section. The mine operator shall provide advanced notification of all blasting subject to the following requirements:

1. The notification shall be given in writing to all property owners and/or occupants residing within the impact area (or 1,500 feet if an impact area has not been established) at least 48 hours prior to blasting. The notice shall be delivered to a mail receptacle or to the residence or structure. The operator shall maintain a journal showing when and how notice was accomplished.

2. If blasting occurs on a predictable schedule, the operator may provide written monthly notice of the schedule delivered at least 48 hours before the first scheduled blast. The delivery and record keeping requirements specified in subsection (N)(1) of this section shall also apply.

3. The notice shall specify the day or days and hour or hours of blasting.

O. Water used in the mining or processing of mineral and/or aggregate resources shall be appropriated from a source authorized by permit from the Oregon Department of Water Resources. With the exception of on-site process water released to on-site settling ponds, turbid water shall not be released into lakes, ponds or watercourses.

P. Failure to perform or continue to perform any of the standards required by this section shall render the development permit void and subject to any and all enforcement procedures contained in this title or as authorized by any other law, rule or civil authority. [Ord. 2006-002 § 1(4); 2005 RLDC § 91.030.]

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. Reclaimed land uses for the site must be authorized by post-mining zoning. [Ord. 2006-002 § 1(4); 2005 RLDC § 91.040.]

In addition to the notification requirements contained in Divisions II, III and IV of this title, all mining and processing applications that impact one or more acknowledged significant riparian corridors shall require written notice to DOGAMI, DSL, DEQ, and ODFW at least 30 days prior to final approval or the first public hearing, whichever comes first. [Ord. 2006-002 § 1(4); 2005 RLDC § 91.050.]

It is the purpose of this chapter to encourage citizens of the County to use their homes to engage in small-scale business ventures. Home occupations are regulated to ensure that they do not alter the residential character of the neighborhood, nor infringe upon the rights of nearby residents to the peaceful enjoyment of their neighborhood nor be subjected to negative effects on property values by business activities on nearby parcels. A home occupation permit does not “run with the land” and may not be assumed by a new owner or resident. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.010.]

The provisions of this chapter are intended to apply to residential and resource-zoned properties already occupied with a residential use. No person shall carry on a home occupation, or permit such use to occur on property, which that person owns or is in lawful control of, contrary to the provisions of this chapter. Home occupations in resource zones are also subject to ORS 215.448. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.020.]

A. “Home occupation” means a business in conjunction with a residential use which results in financial remuneration from a product or service and is conducted by at least one resident occupying the dwelling on the subject property. Home occupations are clearly incidental and accessory to the residential use. All home occupations shall be conducted in accordance with the following general criteria:

1. All business operations shall comply with the current noise ordinance and shall not produce offensive vibration, smoke, dust, odors, heat, glare or electrical interference detectable to normal sensory perception at the property line.

2. No construction of any structure that would not otherwise be allowed in the zone in which the home occupation is located may be established (ORS 215.448(3)).

3. No storage and/or distribution of toxic or flammable materials and spray painting/finishing operations that involve toxic or flammable materials, which in the judgment of the Fire Marshal and/or the Department of Environmental Quality (DEQ) pose a dangerous risk to the residence, its occupants, and/or surrounding properties are allowed. Those individuals who are engaged in home occupations shall submit to the Planning Office the DEQ Potential Site Hazards Checklist which pertains to all potentially toxic and/or flammable materials associated with the use.

4. All parking and signage related to the home occupation shall be on site, not in public right-of-way.

5. Home occupations shall be secondary to the residential use of the property.

6. All home occupations other than those deemed as exempt shall be administered as Type I, II or III, distinguished by the potential impacts they represent to nearby properties.

7. Type I, II and III home occupations require issuance of a development permit as final authorization.

8. Only the principal resident(s) of a residential property may undertake home occupations with nonresident employees as allowed by the type of home occupation.

9. In the event the requirements of this chapter conflict with other requirements contained in this title, the requirements of this chapter shall govern. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.030.]

A. Exempt home occupations are not subject to the permit process, and are defined by the following standards:

1. Only the resident(s) of the property may undertake exempt home occupations.

2. No exterior signs that identify the property as a business location.

3. No customers shall come to the property.

4. Deliveries to the residence must be by postal package services only.

5. One business vehicle is allowed on site.

6. Storage of material related to the business is confined to the interior of the residence or accessory structure with no exterior indication of a business.

7. The business shall not occupy more than 25 percent of the total combined square footage of structures on the property.

8. The address of the home shall not be given in any advertisement, including but not limited to commercial telephone directories, newspapers, magazines, off-premises signs, flyers, radio, television, websites or other advertising media.

B. No development permit will be required for exempt home occupations, except that new structures or additions on site are subject to JCC 19.41.020. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.040.]

A. Type I home occupations require application review prior to issuance of a permit and are to be conducted in conformance with the following additional standards:

1. Up to two nonresident on-site employees or volunteers (including part-time employees).

2. Adequate on-site parking to accommodate residents, employees, business vehicles and customers.

3. One nonilluminated exterior sign, not to exceed six square feet in size and set back 10 feet from property lines.

4. Customers and clients by appointment only.

5. Deliveries to the residence by postal package services only.

6. Two business vehicles permitted on site.

7. No outdoor storage or activities.

8. No large construction equipment or commercial vehicles (e.g., earth movers, dump truck, box truck, semi-truck, equipment trailers) in conjunction with the business to be on site.

9. No major remodel or addition of equipment or appliances that would not be typical of the residential use is allowed (e.g., commercial kitchen, industrial drying oven, production machinery).

10. Operations shall be conducted weekdays during typical business hours.

11. Shall have adequate access for proposed business purposes.

B. Permit Procedures for Type I Home Occupations.

1. An application for a Type I home occupation permit shall be filed according to the application procedures of Chapter 19.22 JCC for a ministerial permit.

2. The application shall identify the type of use and address the conditions contained in this chapter and other applicable sections of this title.

3. A development permit shall be issued as final authorization of an approved Type I home occupation. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.050.]

A. Type II home occupations require application review prior to issuance of a permit and shall be conducted in conformance with the following additional standards:

1. Up to four nonresident on-site employees or volunteers (including part-time employees).

2. Adequate on-site parking to accommodate residents, employees, business vehicles and customers.

3. One exterior sign, not to exceed 12 square feet in size and set back 10 feet from property lines.

4. “Drop in” customers and clients are allowed, including small groups of customers or classes.

5. Any commercial pick-up and deliveries other than postal/package services are limited to two per day.

6. Up to four business vehicles permitted on property.

7. Incidental retail sales associated with the permitted home occupation are allowed.

8. Storage of materials on site to be screened from view of neighboring properties by a solid fence, adequate vegetation, or other structures.

9. Outdoor activities on site to be screened from view of neighboring properties by a solid fence, adequate vegetation or other structures and setbacks may be employed to mitigate potential impacts to adjacent properties.

10. Large equipment and commercial vehicles only if screened from view of neighboring properties or garaged.

11. Hours of operation as allowed by conditions of approval.

12. Type II home occupations are subject to the site plan review standards of JCC 19.42.050(A).

13. Vehicle or boat-oriented businesses, including repair, service, detailing, restoration and sales, may have up to four vehicles on site to be worked on or for sale. Inside storage or screening required.

B. Permit Procedures for Type II Home Occupations.

1. Type II home occupations require site plan review per Chapter 19.42 JCC, filed according to the application procedures of JCC 19.22.040 for a quasi-judicial permit.

2. The application shall identify the type of use and address the conditions contained in this chapter and other applicable sections of this title.

3. Review will require public notice as required by Chapter 19.32 JCC.

4. The Planning Office will conduct a site visit as a part of the review.

5. The Planning Director may apply conditions to the approval of Type II home occupation permits to ensure compliance with the requirements of this chapter.

6. A development permit shall be issued as final authorization of an approved Type II home occupation. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.060.]

A. Any proposed home occupation exceeding the standards of Type I or II home occupations shall either be reviewed as a conditional use permit, subject to Chapter 19.45 JCC; or must be conducted as a use in commercial or industrial zones, to include the following:

1. Retail sales.

2. Large scale manufacturing.

3. Business operations requiring hazardous materials.

4. Vehicle or boat-oriented businesses, including repair, service, detailing, restoration and sales for more than four vehicles on site at a time.

5. Bed and breakfast inns subject to special standards contained in JCC 19.92.110.

B. Uses listed in JCC 19.92.080(A) may not be reviewed as a Type III home occupation.

C. Type III home occupations shall be conducted in conformance with the standards of JCC 19.92.030.

D. A development permit shall be issued as final authorization of an approved Type III home occupation. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.070.]

A. Because of the potential adverse impacts they pose to residential neighborhoods, the following uses are not allowed as home occupations and must be established in commercial or industrial zones:

1. Junk and salvage operations.

2. Storage and/or sale of fireworks.

3. Mobile home sales.

4. Vehicle wreckers and/or recyclers. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.080.]

A. Agriculture, farming and farm use, as these uses are defined in Chapter 19.11 JCC, are outright uses in farm and forest zones and are permitted uses with criteria in residential zones (JCC 19.61.020). Farm stands require standards only review in farm zones (JCC 19.64.035(L)) and are permitted uses in residential zones. Forest product propagation or harvesting is an outright use in farm and forest zones and a permitted use in residential zones.

B. Short-term sales from a residence shall not be deemed to fall under the regulations for home occupations and are allowed outright. Such sales shall not exceed four days in duration and occur more than 10 times in any given calendar year. Examples of such uses are typically known as: yard or garage sales, estate sales, auctions, beverage stands, rummage and craft sales. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.090.]

A. Grounds for Revocation. If a home occupation fails to maintain the standards of this title or the permit issued by the County, the Planning Director may revoke a home occupation permit according to the revocation procedures outlined in Chapter 19.41 JCC, or require reapplication to a higher type. [Ord. 2012-003 (Exh. A); 2005 RLDC § 92.100.]

A. A bed and breakfast inn operating from a residentially developed property, or a farm stay, will be reviewed as a Type III home occupation and shall be operated according to the following standards:

1. The inn or farm stay must be located in a residence.

2. The operator of the inn or farm stay must live on the premises and continue to use part of the main dwelling as a residence.

3. Outward modification of the structure shall be made only if such changes are compatible with the character of the neighborhood and the intent of the zone, and in all cases, the changes shall maintain the residential character of the structure.

4. The inn shall be limited to a maximum of 10 individual guests and five bedrooms; the farm stay limited to four bedrooms.

5. The inn or farm stay shall be compatible with the neighborhood in terms of access and the proximity to structures and the operation shall be screened from view from adjoining lots or parcels.

6. One on-premises sign not to exceed 12 square feet and set back 10 feet from property lines.

7. Exterior illumination of the sign shall be limited so that the illumination will not adversely impact the residential character of the area.

8. One on-site parking space for each sleeping room shall be provided in addition to the two on-site parking spaces required for the dwelling.

9. The inn or farm stay shall meet all applicable County and state water, sewage, and licensing requirements. The applicant shall submit evidence from the appropriate agency that the applicant has contacted them and meets, or can comply with, agency requirements. [Ord. 2018-003 § 1; Ord. 2012-003 (Exh. A); 2005 RLDC § 92.110.]

The purpose of this chapter is to establish provisions to mitigate adverse impacts to archaeological resources and to prescribe the means by which archaeological sites are assessed and protected. [2005 RLDC § 93.010.]

Whenever a land use action is proposed for a lot that has a significant archaeological site, the following shall occur:

A. The applicant shall be notified that the site has been determined to contain a significant archaeological resource;

B. No alteration to the site shall occur for 30 working days during which time the Planning Director shall notify the appropriate agencies;

C. If, during this 30-day period, the notified agency or archaeologist determines that no significant change in the site will occur, resumption of development may occur;

D. If, at the conclusion of the 30-day period, no recommendation is issued by the agency or archaeologist, no conflict with the archaeological resource is presumed and the project may proceed;

E. If the development is determined to have a significant effect on the archaeological value of the site, the development shall be delayed an additional 30 days to:

1. Notify an appropriate agency to consider acquisition; and

2. Refer the request to the Planning Commission for a public hearing to determine the ESEE consequences in accordance with OAR 660-16-005(2) and a proper course of action which will be one of the following:

a. Protect the archaeological resource;

b. Allow the requested alteration;

c. Mitigate any detrimental effects of the request;

F. If the Planning Commission decides that detrimental effects of the alteration need to be mitigated, the Commission will attach conditions to the development permit (such as alteration of the development plan or setbacks for roads and structures away from the resource site) to assure that the development is compatible with the archaeological resource;

G. If the Planning Commission determines that the archaeological site constitutes a 3A resource as defined by OAR 660-16-010(1), the development shall be delayed for an additional 30 days while the appropriate agency seeks a buyer for the property. If no action occurs within 30 days, the development may proceed. [2005 RLDC § 93.020.]

The purpose of this chapter is to establish provisions for the review of development proposals affecting identified historic properties. [2005 RLDC § 94.010.]

Whenever a land use action is proposed for a lot or structure that has been designated as a primary historic site on the official map, the following shall occur:

A. The applicant shall be notified that the site or structure has been designated as a historic site;

B. No alteration to the site or structure shall occur for 30 working days during which time the Historic Review Committee shall be notified of the proposed action. For the purpose of this section, “alteration” shall mean any exterior modification requiring a demolition permit or development permit;

C. If, during this 30-day period, the Historic Review Committee determines that no conflict with the historic site will occur, resumption of development may occur:

1. The Historic Review Committee shall determine no conflict exists if the alteration proposed is determined to be harmonious and compatible with the historic resource with respect to style, scale, texture, and construction materials, and/or find that the alteration will enhance the historical value of the resource;

2. The Historic Review Committee shall determine a conflict exists if the alteration will prove to be out of character with, or will otherwise reduce, the resource’s value or historic significance;

D. If at the conclusion of the 30-day period no recommendation is issued by the Historic Review Committee, the project may proceed, if the Planning Director determines that there is no conflict, pursuant to subsection (C) of this section;

E. If the development is determined to have a significant effect on the historic value of the site, the development shall be delayed an additional 30 days to:

1. Notify an appropriate agency to consider acquisition; and

2. Refer the request to the Planning Commission for a public hearing to determine the ESEE consequences in accordance with OAR 660-16-005(2) and a proper course of action which will be one of the following:

a. Protect the historic resource;

b. Allow the requested alteration;

c. Mitigate detrimental effects of the request;

F. If the Planning Commission decides that detrimental effects of the alteration need to be mitigated, the Commission will attach conditions to the development permit to assure that the alteration is harmonious and compatible with the historic resource with respect to style, scale, texture, and construction materials;

G. If the Planning Commission determines that the historic site constitutes a 3A resource, defined by OAR 660-16-010(1) (i.e., a resource that should be protected), the alteration (including demolition) shall be delayed for an additional 30 days while the Historic Review Committee seeks a buyer for the structure. If no action occurs within 30 days, the alteration may proceed;

H. Development on parcels located adjacent to properties in the National Register of Historic Places shall be subject to site plan review to ensure compatibility. [2005 RLDC § 94.020.]

The purpose of this chapter is to establish special standards and criteria for the siting of hydroelectric and electric power transmission facilities and related equipment and improvements. [2005 RLDC § 95.010.]

Hydroelectric and electric power transmission facilities shall be processed using the review procedures identified in the applicable zone that lists the use. In all cases a development permit (Chapter 19.41 JCC) is required as final permit approval. [2005 RLDC § 95.020.]

In addition to the applicable standards and criteria contained in the underlying zone, in applications for hydroelectric and electric power transmission facilities the applicant shall demonstrate the following:

A. General Requirements. The facility will:

1. Be sited on land that is generally unsuitable for forest use, or the use of forest areas is warranted for the safe, economical, and efficient operation of the facility;

2. Not significantly affect forest uses on the site or surrounding land;

3. Not alter the stability of the land use pattern in the area;

4. Be consistent with the forest policies of the comprehensive plan;

5. Be located in an area in which the use is designated as appropriate by the zone. If the use is not listed in a zone, an energy facility shall not be approved unless the zone is amended;

6. Comply with provisions applicable to archaeological and historical sites (Chapters 19.93 and 19.94 JCC), the flood hazard overlay (Chapter 19.69A JCC), the wild and scenic rivers overlay (Chapter 19.69C JCC), and airport overlay (Chapter 19.69D JCC);

7. Incorporate mitigation and conditions to protect Class I and Class II streams and wetlands, and the banks and vegetation along those streams and wetlands;

8. Avoid areas of steep slopes where cuts and fills are required and shall use natural contours;

9. Not interfere with communication signals;

10. Do one of the following:

a. Produce 100 theoretical horsepower (thp) or less;

b. Take and return water to a manmade water conveyance without increasing the use of surface and groundwater;

c. Is a small-scale facility generating a maximum capacity of five megawatts;

d. Does not increase maximum surface area of an impoundment at an existing dam or diversion, or does not impound more than two acre-feet at a new impoundment or diversion;

e. Does not impede fish management unless improvement in management will result;

f. Does not require more than one mile of new vehicular access road;

g. Does not require construction of a transmission line that results in clearing of a right-of-way or easement exceeding one mile in length or 50 feet in width in forest commercial, woodlot resource, and serpentine zones;

11. The facility meets all necessary state and federal siting requirements, including any setbacks from dwellings.

B. Standards for Hydroelectric Facilities Approved as Conditional Uses. In addition to the standards or conditions in JCC 19.45.030 and 19.95.030(A), the following standards shall apply:

1. The facility shall not have a significant adverse effect on endangered or threatened fish, wildlife, or plant species, or their critical habitats, or on other significant habitats identified in the comprehensive plan;

2. Development shall be set back from the edge of public roads, viewpoints, and other significant visual resources identified in the comprehensive plan;

3. An in-stream tower may be permitted in class I and II streams if it can be demonstrated that adjoining towers and conductors cannot safely and economically support the transmission lines spanning the stream and if the transmission line cannot be safely and economically placed under the water or streambed.

C. Protected Areas.

1. The following areas shall be protected as required by this subsection:

a. All state and federally designated and managed areas, waysides, parks, and areas of critical concern, including scenic waterways, wildlife refuges, and wild fish streams, designated by the Department of Fish and Wildlife;

b. Areas containing significant resources, habitats, scenic views and sites, and cultural, botanical, or recreational, that cannot be protected from the adverse consequences of the facility;

c. Hydroelectric dam or diversion is not permitted in a scenic waterway or adjacent lands designated pursuant to ORS 390.825.

2. Energy facilities shall be sited in the protected areas described in subsection (C)(1) of this section only when all of the following conditions are met:

a. The energy facility is accessory to a permitted use; and

b. Authority is granted by the managing agency; and

c. Applicant provides resources equal or better in quantity and quality then those effected by the energy facility. [2005 RLDC § 95.030.]

Destination resorts may be allowed in specified zones subject to a finding at a public hearing that the proposal meets all the following criteria. The Hearing Body may attach conditions it feels necessary to make the development compatible with the uses allowed in the area. [2005 RLDC § 96.010.]

A. An application for a destination resort shall be considered at a public hearing before the Planning Commission. In addition to meeting the basic criteria contained in JCC 19.96.030 and 19.96.040, the Commission shall require the following:

1. The development is in conformance with the comprehensive plan, implementing codes, and state requirements;

2. The development must provide community sewer and water on site which is limited to meet the needs of the development, or the development shall be serviced from existing public sewer or water facilities, as long as all costs relating to service extension and any capacity increases are borne by the development;

3. Adverse impacts must be sufficiently mitigated through compliance with appropriate conditions, to include, at a minimum, water availability, sewage disposal, traffic management, erosion potential, noise generation, fire control, and flood protection; and

4. That the applicant has submitted adequate documentation to address the requirements of JCC 19.96.060.

B. Prior to a final approval of a destination resort the final development plan shall be reviewed by the Planning Director pursuant to Chapter 19.42 JCC. Site specific conditions may be required to ensure compliance with any applicable development requirement.

C. A tentative plan prepared in conformance with JCC 19.55.060 shall be submitted for staff review of multiple lot destination resorts. If found to be in conformance with the approved development plan and any applicable code requirement, a final plat may be submitted for approval by the Planning Commission and the Board of County Commissioners in accordance with the final plat requirements of Chapter 19.56 JCC. In all cases a development permit (Chapter 19.41 JCC) is required as final permit approval. [2005 RLDC § 96.020.]

In addition to the standards and criteria made applicable by the governing zone, all destination resorts shall comply with all of the following standards:

A. The destination resort shall be located on a site of at least 160 acres;

B. At least 50 percent of the site shall be dedicated permanent open space excluding yards, streets and parking areas;

C. At least $7,000,000 shall be spent on improvements for on-site developed recreational facilities and visitor-oriented accommodations exclusive of costs for land, sewer and water facilities, and roads. Not less than one-third of this amount shall be spent on developed recreational facilities:

1. The dollar amount is specified in 1993 dollars. The spending required shall be adjusted to the year the spending calculations are made using the United States Consumer Price Index;

D. Visitor-oriented accommodations shall be provided including meeting rooms, restaurants with seating for 100 persons, and 150 separate rentable units for overnight lodging. The accommodations may be phased in as follows:

1. At least 75 units of overnight lodging, not including individually owned homes, lots or units, shall be constructed or guaranteed through surety bonding or equivalent financial assurance prior to the closure of sale of individual lots or units;

2. The remainder shall be provided as individually owned lots or units subject to deed restrictions that limit their use to overnight lodging units. The deed restrictions may be rescinded when the resort has constructed 150 units of permanent overnight lodging;

3. The required overnight lodging shall be constructed within five years from the date of the resort approval;

E. In lieu of the standards in subsections (A), (C) and (D) of this section, the standards in subsection (F) of this section apply to a destination resort that is sited on one of the following:

1. On land that is not defined as agricultural or forest land under any statewide planning goal;

2. On land where there has been an exception to any statewide planning goal on agricultural lands, forest lands, public facilities and services and urbanization.

F. The following standards apply to the lands identified in JCC 19.96.030(E):

1. The resort shall be located on a site of 20 acres or more;

2. At least $2,000,000 shall be spent on improvements for on-site developed recreational facilities and visitor-oriented accommodations exclusive of costs for land, sewer and water facilities, and roads. Not less than one-third of this amount shall be spent on developed recreational facilities;

a. The dollar amount is specified in 1993 dollars. The spending required shall be adjusted to the year the spending calculations are made using the United States Consumer Price Index;

3. At least 25 units, but not more than 75 units, of overnight lodging shall be provided;

4. Restaurants and meeting rooms with at least one seat for each unit of overnight lodging shall be provided;

5. Residential uses shall be limited to those necessary for the staff and management of the resort;

6. The primary purpose of the resort is to provide lodging and other services oriented to a recreational resource which can only reasonably be enjoyed in a rural area. Such recreational resources include, but are not limited to, a hot spring, a ski slope or a fishing stream;

7. The resort shall be constructed and located so that it is not designed to attract highway traffic. Resorts shall not use any manner of outdoor advertising signing except:

a. Tourist-oriented directional signs as provided in ORS 377.715 to 377.030; and

b. On-site identification and directional signs. [2005 RLDC § 96.030.]

A destination resort shall not be sited within any of the following areas:

A. Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more;

B. On a site with 50 or more contiguous acres of unique or prime farm land identified and mapped by the Natural Resource Conservation Service, or within three miles of farm land in a high value crop area, as defined in JCC 19.11.100, unless the resort complies with the requirements of JCC 19.96.030(F) in which case the resort shall not be closer to a high value crop area than one-half mile for each 25 units of overnight lodging or fraction thereof (area specified has been identified and a map is located in the Planning Office);

C. Predominantly cubic foot site Class 1 or 2 forest lands which are not subject to an approved goal exception (area specified has been identified and a map is located in the Planning Office);

D. If a tract to be used as a destination resort has a site designated for protection as open space, a scenic area, a historic area, or a natural resource area in the acknowledged comprehensive plan, the tract of land shall preserve the site by conservation easement sufficient to protect the resource values of the site (area specified has been identified and a map is located in the Planning Office);

E. Especially sensitive big game habitat as mapped by the Oregon Department of Fish and Wildlife in July of 1984;

F. Structures and high intensity facilities shall not be located less than 200 feet from any exterior lot line;

G. Buildings or structures shall not be erected to exceed a height of two and one-half stories or 35 feet. The Planning Commission may allow building or structures exceeding the limitation if it can determine that safety concerns are met;

H. Any change of use of facilities or construction of additional facilities shall be subject to approval by the Planning Commission in the same manner as the original development. [2005 RLDC § 96.040.]

As a part of a destination resort, the following uses may be permitted when the uses are limited to serve visitors at the resort:

A. Overnight lodging including lodges, hotels, motels, timeshare units, and similar temporary living accommodations;

B. All manner of outdoor and indoor recreation facilities including, but not limited to, golf courses; tennis, racquetball, and handball courts; riding stables; nature trails; riding, running, and bicycle paths; boat launching and moorage facilities; and fishing and hunting facilities;

C. Restaurants, lounges, and similar eating and drinking establishments;

D. Convention facilities;

E. Commercial services and specialty shops limited to those necessary to meet the needs of visitors to the development;

F. Residential dwellings limited to a maximum of two dwellings per overnight accommodation subject to the following:

1. The Planning Commission has the authority to limit the number of dwellings based on the limitations of facilities including water, sewage, storm drainage, transportation systems, and fire suppression;

2. No lots for dwellings can be sold until the minimum resort requirements are completed or suitably guaranteed;

3. A plan for management of the facilities necessary to service the dwellings is submitted to, and approved by, the Planning Commission. [2005 RLDC § 96.050.]

A development plan shall be submitted and include, at a minimum, the following information:

A. A general site plan of the proposed development, which shall include the following:

1. The location and total number of acres to be designated a destination resort, the location and number of acres to be developed, and the location and number of acres to be reserved as open space or common area;

2. Proposed overall density;

3. The type, location and extent of developed recreation facilities to be provided;

4. An indication of the building types proposed, including typical lot and building configuration, and typical architectural character, units to be utilized for overnight lodging shall be identified, a summary of the total number of each type of unit shall be provided;

5. Conceptual landscape plan showing areas to remain in a natural state, areas where vegetation is to be removed, and areas to be landscaped;

6. Natural features to include streams, rivers, and significant wetlands and riparian vegetation within 100 feet of streams, rivers, and wetlands;

7. Habitat of threatened or endangered species;

8. Hazards or development constraints and proposed mitigation;

9. Ecologically or scientifically significant natural areas (see County goal number five, Inventory);

10. Roadway system including points of ingress and egress to the property;

B. A discussion of existing and projected public and private uses on adjacent lands, including the impacts of the proposed development on those uses, potential problems of incompatibility for the uses, and measures which may be employed to mitigate anticipated problems or conflicts;

C. Preliminary studies describing the water supply system, the sewage management system, the storm drainage system, and the traffic management plan;

D. A description of the system to be used for management of individually owned units that will be used for overnight lodging and how it will be implemented;

E. An economic analysis of the proposed development, which shall include:

1. An analysis which addresses the economic viability of the proposed development;

2. Fiscal impacts of the project including changes in employment, increased tax revenues, demands for new or increased levels of public services, and effects of the loss of resource lands.

F. A description of how natural features identified in subsections (A)(6), (7) and (9) of this section will be maintained. Where structures and alterations are proposed on natural features, show how the overall value of the feature will be maintained;

G. A description of methods used to avoid or minimize adverse impacts on surrounding lands, particularly intensive farming operations. Such methods may include:

1. Setbacks of structures from adjacent land uses;

2. Buffers with adjoining uses consisting of natural vegetation, fences, berms, landscaped areas, or other similar features;

H. Other information required by the Hearing Body, as may be helpful to determine that the proposed development complies with the requirements of this title. [2005 RLDC § 96.060.]

A. Upon final approval of a destination resort, construction drawings for facilities shall be submitted within two years. Construction shall be completed within five years of approval of construction drawings unless an alternative timing schedule was approved by the Commission in its original approval.

B. A one-year extension of the tentative plan approval may be granted by the Planning Director if the following are met:

1. The applicant must submit a request for an extension prior to the expiration date of the approval of the tentative plan;

2. The Planning Director shall determine that the extension is necessary to complete conditions of approval and that no changes in ordinances, codes, or circumstances would cause the original approval to be effected;

3. Additional one-year extensions may be authorized where applicable criteria for the original decision have not changed;

4. Approval of the extension is not considered a land use decision and is not subject to appeal as such.

C. Failure to submit the construction drawings or to complete construction as provided in this section operates to revoke any prior approval and to render unlawful any further development of the property approved as a part of the final approval. [2005 RLDC § 96.070.]

The Review Body may modify or alter an action on a previously approved tentative plan subject to compliance with all the following:

A. A request for modification shall be submitted by the developer, in writing, setting forth the specific modification requested and the facts to justify the modification; and

B. The request shall clearly indicate that the modification is reasonably necessary to mitigate physical circumstances not anticipated in the approval process and the request will not significantly alter the previous action of the Review Body. [2005 RLDC § 96.080.]

A. All recreation facilities and visitor-oriented accommodations shall be constructed or suitably guaranteed in the initial phase of any use approved pursuant to the regulations of this section. The suitable guarantee shall conform to the provisions of Chapter 19.14 JCC.

B. The guarantees required by this subsection are in addition to, and not in lieu of, any other guarantees relating to the project which may be required by other portions of this title, by other ordinances or codes, or by any other provision of applicable law. [2005 RLDC § 96.090.]

Recreational resorts may be allowed in specified zones that are acknowledged exception areas subject to a finding at a public hearing that the proposal meets all the following criteria. The Hearing Body may attach conditions it feels necessary to make the development compatible with the uses allowed in the area. [2005 RLDC § 97.010.]

A. A recreational resort approval shall be reviewed using Planning Commission review procedures (Chapter 19.24 JCC), subject to the following requirements:

1. The development complies with standards and criteria of this title and any applicable state or federal regulations;

2. The development must provide community sewer and water on site which is limited to meet the needs of the development, or the development shall be serviced from existing public sewer or water facilities, as long as all costs relating to service extension and any capacity increases are borne by the development;

3. Adverse impacts must be sufficiently mitigated through compliance with appropriate conditions, to include, at a minimum, water availability, sewage disposal, traffic management, erosion potential, noise generation, fire control, and flood protection;

4. The recreation resort will not commit adjacent or nearby resource land to nonresource use as defined in OAR 660-004-0028;

5. The recreational resort is compatible with adjacent or nearby uses;

6. The use is consistent with requirements for exception areas contained in OAR 660-004-0018; and

7. The application is supported by adequate documentation addressing the requirements of JCC 19.97.060.

B. Prior to a final approval of a recreational resort, a final development plan shall be reviewed using site plan review process as set forth in Chapter 19.42 JCC.

C. A tentative plan prepared in conformance with JCC 19.55.060 shall be submitted for staff review of multiple lot recreation resorts. If found to be in conformance with the approved development plan and applicable code requirement, a final plat may be submitted for approval in accordance with final plat requirements contained in Chapter 19.56 JCC. [2005 RLDC § 97.020.]

The recreational resort shall comply with the following standards of development:

A. The recreational resort shall be located on a site of at least 20 acres.

B. At least 50 percent of the site shall be dedicated permanent open space excluding streets and parking areas.

C. At least $1,000,000 (in 1984 dollars) shall be spent on improvements for on-site recreational facilities and visitor-oriented accommodations exclusive of costs for land, sewer and water facilities, and roads.

D. At least 25 units for overnight accommodations shall be provided. [2005 RLDC § 97.030.]

A. Structures and high intensity recreational facilities shall not be located less than 200 feet from any exterior lot line.

B. The character of the neighborhood shall be maintained through site buffering or other methods to keep the appearance of the recreation resort compatible with uses in the neighborhood.

C. Any change of use of facilities or construction of additional facilities shall be subject to approval by the Planning Commission in the same manner as the original development. [2005 RLDC § 97.040.]

A. Overnight lodging including lodges, hotels, motels, timeshare units, and similar temporary living accommodations.

B. All manner of outdoor and indoor recreation facilities including, but not limited to, golf courses; tennis, racquetball, and handball courts; riding stables; nature trails; riding, running, and bicycle paths; boat launching and moorage facilities; and fishing and hunting facilities.

C. Restaurants, lounges, and similar eating and drinking establishments.

D. Convention facilities.

E. Commercial services and specialty shops limited to those necessary to meet the needs of visitors to the development.

F. Residential dwellings limited to a maximum of two dwellings per overnight accommodation subject to the following:

1. The Planning Commission has the authority to limit the number of dwellings based on the limitations of facilities including water, sewage, storm drainage, transportation systems, and fire suppression;

2. No lots for dwellings can be sold until the minimum resort requirements are completed or suitably guaranteed;

3. A plan for management of the facilities necessary to service the dwellings is submitted to and approved by the Planning Commission. [2005 RLDC § 97.050.]

A development plan shall be submitted and include at a minimum the following information:

A. A general site plan of the proposed development, which shall include the following:

1. The location and total number of acres to be designated recreational resort, the location and number of acres to be developed, and the location and number of acres to be reserved as open space or common area;

2. Proposed overall density;

3. The type, location, and extent of developed recreation facilities to be provided;

4. An indication of the building types proposed, including typical lot and building configuration, and typical architectural character, units to be utilized for overnight lodging shall be identified, and a summary of the total number of each type of unit shall be provided;

5. Conceptual landscape plan showing areas to remain in a natural state, areas where vegetation is to be removed, and areas to be landscaped;

6. Natural features to include streams, rivers, and significant wetlands and riparian vegetation within 100 feet of streams, rivers, and wetlands;

7. Habitat of threatened or endangered species;

8. Hazards or development constraints and proposed mitigation;

9. Ecologically or scientifically significant natural areas (see County goal number five, Inventory);

10. Roadway system including points of ingress and egress to the property;

B. A discussion of existing and projected public and private uses on adjacent lands, including the impacts of the proposed development on the uses, potential problems of incompatibility for the uses, and measures which may be employed to mitigate anticipated problems or conflicts;

C. Preliminary studies describing the water supply system, the sewage management system, the storm drainage system, and the traffic management plan;

D. A description of the system to be used for management of individually owned units that will be used for overnight lodging and how it will be implemented;

E. Other information required by the Hearing Body, as may be helpful to determine that the proposed development complies with the requirements of this title. [2005 RLDC § 97.060.]

A. Upon final approval of a recreational resort, construction drawings for facilities shall be submitted within two years. Construction shall be completed within two years of approval of construction drawings unless an alternative timing schedule was approved by the Commission in its original approval.

B. A one-year extension of the tentative plan approval may be granted by the Planning Director if the following are met:

1. The applicant must submit a request for an extension prior to the expiration date of the approval of the tentative plan;

2. The Planning Director shall determine that the extension is necessary to complete conditions of approval and that no changes in ordinances, codes, or circumstances would cause the original approval to be effected;

3. Additional one-year extensions may be authorized where applicable criteria for the original decision have not changed;

4. Approval of the extension is not considered a land use decision and is not subject to appeal as such.

C. Failure to submit the construction drawings or to complete construction as provided in this section operates to revoke any prior approval and to render unlawful any further development of the property approved as a part of the final approval. [2005 RLDC § 97.070.]

The Review Body may modify or alter an action on a previously approved tentative plan subject to compliance with all the following:

A. A request for modification shall be submitted by the developer, in writing, setting forth the specific modification requested and the facts to justify the modification; and

B. The request shall clearly indicate that the modification is reasonably necessary to mitigate physical circumstances not anticipated in the approval process and the request will not significantly alter the previous action of the Review Body. [2005 RLDC § 97.080.]

A. All recreation facilities and visitor-oriented accommodations shall be constructed or suitably guaranteed in the initial phase of any use approved pursuant to the regulations of this section. The suitable guarantee shall conform to the provisions of Chapter 19.14 JCC.

B. The guarantees required by this section are in addition to, and not in lieu of, any other guarantees relating to the project which may be required by other portions of this title, by other codes or ordinances, or by any other provision of applicable law. [2005 RLDC § 97.090.]

The purpose of this chapter is to set the standards for camping, the development of campgrounds, recreational vehicle parks, lodges, and retreat centers. It is recognized that each of the proposed uses may entail intensive development which may include permanent structures. The level of detail required will be determined by the intensity of development. [Ord. 2018-003 § 1; 2005 RLDC § 98.010.]

Campgrounds, recreational vehicle parks, lodges, and retreat centers shall demonstrate that the development meets all of the following special siting requirements:

A. The development shall not be located within or adjacent to any area identified in the comprehensive plan for Josephine County as a natural area or potential research natural area where the development would result in damage or overuse of the natural area;

B. The development shall not be located in or adjacent to an area of known valuable mineral deposits where the development would restrict development of the mineral resource, unless the area has been withdrawn from mineral entry;

C. The development site is not suited for continued resource management, and that the proposed development is compatible with adjacent resource uses;

D. The development meets the public recreation needs and tourism needs identified by the Josephine County comprehensive plan;

E. The development abuts a maintained state or County road. The proposal may abut a federal road where the applicant has proof of a long-term access agreement for the proposed use from the appropriate federal agency;

F. Camping stays in approved campgrounds and transient camps cannot exceed 30 days in any consecutive six-month period. [Ord. 2018-003 § 1; 2005 RLDC § 98.020.]

A. The application for a campground, recreational vehicle park, lodge, or retreat center shall meet the requirements set out in the underlying zone.

B. The application for a campground, recreational vehicle park, lodge, or retreat center shall be processed according to the requirements set out in the underlying zone.

C. The application for a campground, recreational vehicle park, lodge, or retreat center shall include an application for site plan review pursuant to Chapter 19.42 JCC.

D. Campgrounds. Camping shall be permitted in approved campgrounds without issuance of a development permit. [Ord. 2018-003 § 1; 2005 RLDC § 98.030.]

A. Campgrounds involving overnight use shall be developed as “dry camps,” or shall include a water system meeting state water quality standards:

1. If groundwater is to be used as a source of supply, withdrawal for the campground shall not result in a depletion of groundwater storage, interfere with springs, or result in a cone of depression which interferes with previously existing agricultural or residential wells.

B. The proposed recreational development shall meet all state and local building, health, sanitary, and environmental health standards and shall be licensed as appropriate. [2005 RLDC § 98.040.]

A. Camping on Lot, No Permit. Camping on a lot by one camping party that includes the landowner, or by one camping party with the landowner’s permission, shall be allowed without issuance of a development permit, subject to the following:

1. Sanitation. Sanitary waste disposal shall be provided by connection to an approved on-site waste disposal system, self-contained holding tank with disposal at an approved sanitary dump station, or a portable toilet with disposal at an approved sanitary dump station.

2. Setbacks. The camping unit shall be set back at least twice the normal distance from property lines, roads, and water as required for a single-family dwelling for the zoning district in which the camping unit is placed.

3. Camping Stay Not Authorized During Construction. In the exclusive farm and farm resource zones, and the forest commercial and woodlot resource zones, camping shall not exceed a total of 30 days during any consecutive six-month period. In all other zones where camping is allowed, a camping stay shall not exceed a total of 120 days during any consecutive 12-month period.

4. Removal and Storage. After a camping stay, the camping unit(s) shall be removed from the lot or parcel, or placed in storage by either being stored indoors or having all power turned off, water lines drained, holding tank emptied, and the unit locked and parked in a side or rear yard and within 20 feet of a building on the parcel on which it is located. Absent such storage provisions, the unit shall be deemed “camping.”

B. Construction. Camping on a lot during construction of a single-family dwelling unit shall be allowed, subject to the following:

1. Construction Permit. A development permit for a single-family dwelling has been secured, and a slab, crawl space, or foundation for the single-family dwelling unit has been installed and inspected.

2. Camping Permit. A minor development permit has been secured for a “temporary dwelling during construction,” which authorizes such camping.

3. Sanitation. An approved on-site waste disposal system, designed to accommodate the single-family dwelling, has been installed on the property, prior to the placement and/or use of the camping unit, and shall serve as a means of sanitary waste disposal for the users of the camping unit.

4. Duration. The camping activity shall cease upon the issuance of a certificate of occupancy for the single-family dwelling, and the camping unit shall either be removed from the property or placed in storage per the provisions of this section. In no case shall the camping unit be utilized during construction in excess of nine months. A certificate of occupancy is also required to verify the cessation of the temporary dwelling during construction.

5. Renewal Permits. Renewal permits shall only be issued when substantial progress toward completion of the single-family dwelling unit is demonstrated during the previous nine months. Only one said renewal permit shall be issued. [Ord. 2018-003 § 1; 2005 RLDC § 98.050.]

A. Purpose. In addition to accomplishing the general purposes of the comprehensive plan, this title, and the Federal Telecommunications Act of 1996, the purpose of this chapter is to set forth the regulations for the placement, development, permitting, and removal of wireless cellular/personal communication service (PCS) facilities, including support structures and antennas. The purposes of this chapter are to:

1. Minimize the adverse visual, aesthetic and safety impacts of wireless cellular/PCS facilities;

2. Establish clear and objective standards for the placement, design and continuing maintenance of wireless cellular/PCS facilities;

3. Ensure that such standards allow competition and do not unreasonably discriminate among providers of wireless cellular/PCS services;

4. Encourage the design of such facilities to be aesthetically and architecturally compatible with surrounding areas;

5. Encourage the location of wireless cellular/PCS towers in areas that do not present potential hazard or adverse visual impacts; and

6. Encourage the co-location or attachment of wireless antennas on existing wireless cellular/PCS towers or structures. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.010.]

A. Exemptions. The requirements of this chapter shall apply to all new wireless cellular/PCS communication facilities and the expansion and/or alteration of any existing facilities within the County, subject to the following exemptions:

1. Satellite earth stations;

2. Send-and-receive citizen band radio antennas operated by federally licensed amateur (ham) radio operators, amateur sole source emitters, and citizen band transmitters;

3. Two-way broadband antenna for personal use as land mobile services, regulated by the FCC Rules Part 90;

4. Industrial, scientific and medical equipment as regulated by the FCC in 47 CFR Part 18;

5. Military and government radar antenna and associated communication towers used for navigational purposes as regulated by the FCC by 47 CFR Parts 97 and 95 respectively:

a. Military and federal, state and local government communications facilities used for emergency preparedness, first-responders and public safety purposes;

6. Normal, routine and/or emergency maintenance and repair of existing wireless cellular/PCS facilities which do not increase the height, visibility or further intrusion into a setback area, do not increase radio frequency emissions, and otherwise comply with County, state and federal law and regulations; and

7. Commercial broadcast radio, television and translator towers, further defined in JCC 19.11.050 as a “Communication Facility,” that is not specifically designated as a wireless cellular/PCS support structure or facility. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.020.]

“Abandonment.” A support structure or facility is considered abandoned when it has not been utilized by a carrier licensed or recognized by the Federal Communications Commission (FCC) for any continuous period of 365 days.

“Antenna” means an electrical conductor or group of electrical conductors that transmit or receive radio signals.

“Camouflage” means a method of concealment that allows otherwise visible components of the wireless cellular/PCS facility to remain unnoticed by blending with the surrounding dominant built or natural environment.

“Carrier” means a company authorized by the FCC to build and/or operate a commercial cellular/PCS mobile radio services system.

“Co-Location” means the use of a single wireless communication support structure for the placement of multiple cellular/PCS antennas or equipment involving different carriers.

“Commercial Mobile Radio Services” means any of several technologies using radio signals at various frequencies to send and receive voice, data and/or video, as regulated by the FCC by 47 CFR Part 90.

“Equipment Shelter” means a structure housing power lines, cable, connectors, emergency generators and other equipment ancillary to the transmission and reception of telecommunications.

“Essential Public Communication Service” means police, fire, medical and similar emergency communication networks.

“Excluded Uses and Structures.” Exclusion of uses and structures listed in JCC 19.99.020 does not exclude them from other applicable provisions of the RLDC.

“Facility” is synonymous with “wireless cellular/PCS communication facility.”

“FCC” means the Federal Communications Commission.

“Feasible” means probable, likely and reasonably certain to succeed.

“Gap in Service” means a significant area within the service area of the applicant in which a large number of subscribers are not able to connect or maintain a connection through the applicant’s telecommunications network.

“Microcell” means an element of a wireless communication facility consisting of an antenna that is either: (1) four feet in height and with an area of not more than 580 square inches; or (2) if a tubular antenna, no more than four inches in diameter and no more than six feet in length.

“Minor Modification” means an improvement or modification of a lawfully existing facility that does not increase in height or visibility or intrude (or cause further intrusion) into a setback area, including additional antennas on an existing sector antenna array.

“RF Engineer” means an engineer licensed in Oregon in the field of telecommunications or radio frequency engineering.

“RF Propagation Map” means a map showing the geographic coverage area of the radio frequency waves from one or more wireless communication facilities.

“Search Ring” means an area drawn on a map that indicates where a wireless communication facility could be located to meet requirements given to an RF Engineer to provide service to an area. The dimensions of a search ring vary, depending upon topography, the service to be provided, and other factors, including whether the area is urban, suburban or rural in nature.

“Sector Antenna Array” means a structure mounted on a building or support structure used for mounting antennas.

“Stealth Technology” means a combination of technologies that reduce the visual detection of cellular/PCS equipment; a combination of small size, reduced acoustic, thermal or other aspects of the presence of cellular/PCS wireless facilities.

“Support Structure” means a tower, building or other structure that supports antennas used for cellular/PCS transmission.

“TCA” means the Telecommunications Act of 1996, as amended.

“Wireless Cellular/PCS Facility” means an unstaffed facility for the transmission or reception of radio frequency (RF) signals usually consisting of an equipment shelter, cabinet or other enclosed structure containing electronic equipment, a support structure such as a self-supporting monopole or lattice tower, antennas, microwave dishes or other transmission and reception devices, and all ancillary equipment. This definition includes “personal wireless services facilities” as defined under the Telecommunications Act of 1996. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.030.]

Application for new or modified facilities shall utilize the following procedures named below, and detailed in Chapter 19.41 JCC.

A. Ministerial. Applications for co-location, minor modifications and temporary wireless communication facilities shall be subject to a ministerial review of compliance with the general development standards of JCC 19.99.060.

B. Quasi-Judicial. Applications for new wireless cellular/PCS communications facilities that include support structures, modification to existing facilities that do not qualify as minor modifications, and the addition of cellular/PCS antennas to existing support structures that do not currently have them shall be subject to a quasi-judicial review procedure in compliance with the general development standards of JCC 19.99.060, development standards by zoning district of JCC 19.99.070, and the approval criteria of JCC 19.99.090. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.040.]

A. Pre-Application. Pre-application review is required for all proposed cellular/PCS communication facilities except for co-located antennas proposed on existing cellular/PCS support structures. In addition to the requirements of Chapter 19.21 JCC and the pre-application form provided by the County, the applicant shall submit:

1. A detailed map showing the applicant’s current coverage area, clearly indicating the area of gap in service, and nearest existing antenna/support structures used by the applicant.

2. A graphic representation of the search ring for wireless communication services proposed.

B. Siting Priorities. When an applicant demonstrates new cellular/PCS antennas are necessary to provide adequate coverage to an area with a service gap, the following list of priorities (in descending order of preference) shall be used to determine the type of facility permitted. In all instances, mounting antennas on an existing structure is preferred to a new freestanding structure.

1. Co-location on an existing cellular/PCS support structure.

2. Installation of a new cellular/PCS support structure on a site where a cellular/PCS structure exists.

3. A new site in an industrial or commercial zone.

4. A new site in a forest zone.

5. A new site in a farm, residential or other nonresource zone.

C. Co-Location Application Requirements. Applications for co-location of additional antennas and/or cellular/PCS equipment on existing facilities or support structures of cellular/PCS facilities shall include:

1. A copy of the original site plan map (or a new map if site plan was not done) for the approved existing facility and tower updated to reflect current and proposed conditions on the property. The site plan map requirements of JCC 19.42.060 shall apply.

2. A depiction of the tower showing placement of the co-located antenna and associated equipment, together with other existing co-locations. The depiction must note the height, color and physical arrangement of the antenna and equipment.

3. If existing vegetation, screening, fencing, enclosure, lighting, drainage, wetlands, grading, driveways, or roadways, parking, or other infrastructure is to be removed or modified by the co-location, the site plan shall identify the kind and extent of proposed changes.

4. A statement from a licensed engineer certifying under professional seal:

a. The existing tower structure will support the additional antenna and equipment; and

b. The facility with co-located antenna and equipment continues to comply with the nonionizing electromagnetic radiation emission standards as specified by the FCC; and

c. The modified facility and support structure meets the most recent EIA/TIA 222 safety standards.

D. Co-Location Performance Standards. Co-located cellular/PCS facilities must satisfy the following standards:

1. Comply with the nonionizing electromagnetic radiation emission standards as specified by the FCC.

2. The centerline of the antenna is not to exceed the height of the host tower.

3. Otherwise qualify as a minor modification as proposed or performed.

4. Conform to the general development standards of JCC 19.99.060, as applicable.

E. New Wireless/PCS Facility Permit Application Requirements. In addition to the requirements of Chapter 19.42 JCC and the information required by subsection (A) of this section, the applicant shall provide the following for quasi-judicial permit review:

1. Coverage Maps.

a. A map showing the applicant’s current coverage area from the nearest existing antenna/support structure in all directions used by the applicant, clearly indicating the area of the purported significant gap in existing coverage.

b. Detailed RF propagation map showing the area to be serviced by the proposed facility structure.

c. Detailed RF propagation maps from the closest existing or permitted cellular/PCS support structures in all directions, indicating which support structures are currently used by the applicant company.

2. A narrative describing how the proposal complies with the development standards of this section and JCC 19.99.070.

3. A co-location access study pertaining to the subject site, including:

a. Available sites map.

b. Report from a qualified licensed structural engineer demonstrating the ability of the support structure to meet the standards of the Oregon Building and Specialty Codes.

c. Plans demonstrating the proposed support structure can accommodate co-location of two additional sector arrays on the structure.

d. Assessment of the anticipated capacity of the support structure, including number and types of antennas to be accommodated.

4. A report from a qualified licensed RF engineer demonstrating:

a. That the proposed facility, including all antennas at the site combined, will be in compliance with nonionizing electromagnetic radiation emission standards and other regulations regarding wireless communication facilities as regulated by the FCC.

b. That the proposed facility is in compliance with the development standards of this chapter.

c. An analysis of the use of all appropriate technology for filling a gap in service area, demonstrating the proposed site is the least intrusive option when considering alternatives, addressing the siting priorities of subsection (B) of this section.

5. A deposit to cover the cost of independent consultation and review by a licensed engineer under JCC 19.99.080, if such review is required.

6. A signed statement from the property owner and the service provider acknowledging liability for removal of the facility and support structure. The County may review the performance agreement and require modification of the agreement or, if no agreement exists, require a new performance agreement to achieve adequate security.

7. A signed statement from the applicant that the facility meets the most recent EIA/TIA 222 safety standards.

8. Visual Impact Study. A simulation of the potential visual impacts of the proposed facility, describing methods for mitigation of the resulting impacts. Photographs or drawings shall be submitted demonstrating the visual presence of the proposed facility at property lines and from visually accessible public rights-of-way.

9. A site plan map meeting the requirements of JCC 19.42.060, and accompanying materials, including:

a. Proposed facility layout and grading plan, including the location of support structures, buildings or equipment shelters, setback from the base of support structure, exterior lighting and signage.

b. Location of utility lines.

c. Elevation plan, including proposed height of all structures, including proposed antenna sector arrays.

d. Detail of proposed exterior finish of support structure.

e. Details of backup power system and fuel storage.

f. Assessor parcel map indicating all residences (if present) within 1,200 feet of the proposed wireless/PCS facility.

10. Detailed statement by the RF engineer confirming the maximum power output for each antenna, and all combined, and output frequencies of the transmitter.

F. Permit Issuance. Prior to the issuance of a development permit, the applicant shall provide the following:

1. A copy of the applicant’s license issued by the FCC.

2. A copy of the findings from the FAA’s Aeronautical Study Determination regarding the proposed support structure.

3. In the case of a proposed leased site, the applicant shall demonstrate that the lease agreement does not preclude the site owner from entering into leases of the proposed facility with other providers.

4. Recorded covenant signed by property owner and applicant whereby they agree to remove any abandoned cellular/PCS facility in conformance with the requirements of JCC 19.99.140. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.050.]

The following minimum development standards shall apply to all cellular/PCS communication facilities in addition to any development standards that apply in the underlying zoning district in which a cellular/PCS facility is located and/or additional requirements in any conditions of approval attached to a development approval. In the event of a conflict between the standards of this chapter and other applicable development standards of the RLDC, the provisions of this chapter shall govern.

A. Anticlimbing Devices. All wireless communications support structures shall be designed to prevent climbing by unauthorized persons.

B. Attachment to Trees Prohibited. It is prohibited to attach any wireless communications facility or portion thereof to any tree.

C. Signs. All facilities shall be identified (and limited to) one nonilluminated sign not exceeding four square feet. The sign shall only list the wireless service provider’s name and emergency telephone number and shall be posted in a place clearly visible to emergency response personnel. Any other signage required by the FCC or Federal Occupational Health and Safety Administration (OSHA) rules may be posted on the site.

D. Historical Registry/District. Wireless communications facilities locating on any site or existing building that is on a historic register or in a historic district shall be subject to the applicable design standards prescribed by the local, state or federal agency with jurisdiction over such register or district.

E. Lighting. Wireless communications facilities shall not be illuminated except where required by the FAA, the Oregon Department of Aviation, or County Airport Authority.

F. Exterior Finish. Wireless communications facilities and antennas shall be painted or finished in a nonreflective surface that blends with the dominant background, except where otherwise required by the Federal Aviation Administration or Oregon Department of Aviation. The applicant and the operator of the facility shall have a continuing duty to maintain such paint or finish, in accordance with visual blending or camouflage as required in each approved permit.

G. Setback Limitation. The location of support structures shall meet the following minimum setback standards:

1. The minimum setback from all adjacent property lines in different ownership for a proposed cellular/PCS support structure shall be 50 feet plus total permanent design height. In no instance shall a cellular/PCS support structure be sited closer to any property line than this distance.

2. In all zones other than commercial and industrial, the minimum setback from an existing, proposed or planned residential dwelling unit, public or private school, licensed day-care facility, or public or private park shall be 1,200 feet. For the purpose of this requirement, a proposed or planned residential dwelling is a development deemed to satisfy the definition of “substantial development” for residential structures as defined in JCC 19.11.210.

There may be an exception to the minimum setback administered in this section in the following cases:

a. If an applicant can demonstrate an identified gap in service area cannot be served with the setback in place, as verified by an independent RF engineer, and either:

[1] The legal owner(s) of a private property listed herein within 1,200 feet of a proposed cellular/PCS facility has waived any amount of this setback from their use in a notarized, written form; or

[2] If good faith efforts have been made to obtain waivers from listed property owners to allow siting, but have been unsuccessful, then the required setback from the above listed uses may be reduced by the minimum amount necessary to serve the gap in service.

3. The minimum setback from the nearest state/County inventoried historic place or structure or known archaeological site is 1,200 feet. Alternative setbacks may be approved by the Planning Director where it can be demonstrated that the location of the proposed facility will take advantage of an existing natural feature to conceal the facility or minimize its visual impacts.

4. The minimum setback of a facility and/or support structure within a commercial or industrial zone from other structures and/or properties within that zone shall be the standard set forth in the applicable zoning district. The proximity of a facility/support structure located within a commercial or industrial zone to a use in another zone shall also apply the adjacent base zone’s required setback from that use.

5. Setbacks for freestanding wireless communications support structures shall be measured from the ground-level base of the structure.

H. Height Standards. The maximum height of a support structure shall be 200 feet. A support structure shall be no more than the minimum height necessary to achieve the intended demonstrated purpose of the facility and allow co-location of antennas.

I. Wildfire Safety. A wildfire safety plan and driveway access plan is required for all facilities per the requirements of Chapter 19.76 JCC, as applied to new structures within a forest zone.

J. Parking and Access. Each facility shall include one parking space. Whenever possible, vehicular access to the facility shall be incorporated into the existing driveway of a site.

K. Insurance. Liability insurance in an amount not less than $1,000,000 shall be maintained by the owner and operator of the facility until such facility is dismantled and removed from the site.

L. Performance Bond. A performance bond shall be required of all applicants for new wireless communication facilities, in accordance with Chapter 19.14 JCC.

M. Building and Utility Permits. Building and utility permits are required for all wireless communications facilities in compliance with adopted Oregon Building Codes and the requirements of individual utility providers.

N. Replacement of Existing Structures. Wireless communications facilities lawfully placed that preexisted this chapter may be replaced, after a standards-only review through a ministerial process, if the dimensions of the facility or support structure do not increase in height or visibility or intrude (or cause further intrusion) into a setback area.

O. Co-Location Access Study. Access to all new wireless communication facilities shall be provided for purposes of co-location by other carriers. The applicant shall demonstrate co-location is available by submitting an assessment which includes:

1. The anticipated capacity of the support structure, including the number and types of antenna which can be accommodated; at a minimum, the structure must be designed to accommodate at least two additional wireless sector antenna arrays.

2. A projection of the wireless communication facilities within the coverage area of the facility proposed by the carrier that can be reasonably anticipated to be sited during the next five years.

3. A summary of findings that support the need for the facility at the location proposed.

P. Compliance with State and Federal Regulations. New wireless/PCS facilities, as well as the maximum capacity of all antennas on the premises combined, must specifically meet the nonionizing electromagnetic radiation emission standards specified by the FCC.

Q. Hazardous Materials and Safety. Upon initial placement in the facility, the location, type and amount of any and all materials that are considered hazardous by federal and state regulation shall be reported by the facility owner to appropriate local and federal authorities. State-of-the-art safeguards relevant to all hazardous materials will be in force at all times. For all components of the facility, all relevant up-to-date industry safety recommendations, including the full IEEE safety program and the most recent revision of the EIA/TIA 222 standards shall be implemented at all times.

R. Placement of Utility Lines. Other than those required to supply electrical service to antenna, utility and service lines for the facility shall be placed underground.

S. Noise Level. Wireless cellular/PCS facility equipment shall not produce an increase in ambient noise level at the property line. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.060.]

A. In Exclusive Farm and Farm Resource Districts. The following standards and criteria apply to new facilities proposed to be located in farm zones, as stipulated in ORS 215.275 and 215.283, and OAR 660-033-130:

1. A utility facility established under ORS 215.283(1)(c) is necessary for public service if the facility must be sited in an exclusive farm use zone in order to provide the service.

2. To demonstrate that a utility facility is necessary, an applicant for approval under ORS 215.283(1)(c) must show that reasonable alternatives have been considered and that the facility must be sited in an exclusive farm use zone due to one or more of the following factors:

a. Technical and engineering feasibility;

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

c. Lack of available urban and nonresource lands;

d. Availability of existing rights-of-way;

e. Public health and safety; and

f. Other requirements of state or federal agencies.

3. Costs associated with any of the factors listed in subsection (A)(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. The Land Conservation and Development Commission shall determine by rule how land costs may be considered when evaluating the siting of utility facilities that are not substantially similar.

4. The owner of a utility facility approved under ORS 215.283(1)(c) 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 section 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.

5. The County will impose clear and objective conditions on an application for utility facility siting under ORS 215.283(1)(c) 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 the surrounding farmlands.

B. Forest Resource Districts.

1. The proposed use will not force a significant change or increase in the cost of accepted farming or forest practices on forest lands.

2. The proposed use will not significantly increase fire hazards or fire suppression costs or increase risks to fire suppression personnel.

C. Other Zoning Districts. Wireless communications facilities in special districts, including airport hazard overlay, flood hazard overlay, limited development zone and scenic waterway overlay are regulated according to the underlying district standards, and further regulated as follows:

1. Wireless communication support structures are prohibited in the flood hazard overlay zone. Co-location or antenna mounts on existing structures are allowed per the general development standards of JCC 19.99.060.

2. Wireless communication support structures are prohibited in the scenic waterway overlay zone. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.070.]

The assessment of wireless communication facilities may require highly specialized engineering expertise. The County may require the services of a licensed engineer as an independent consultant in order to interpret the requirements of the Telecommunications Act of 1996 as subsequently amended and applied by federal courts, and to review applications under the pertinent criteria and requirements of this chapter. If such services are required in order to evaluate an application, then the County shall proceed as follows:

A. Upon the completion of pre-application review or at any time thereafter but prior to final decision, the Director or Hearing Body may require the application to be reviewed by an engineer who is licensed and certified in the state of Oregon in any one or more of the following fields: telecommunication/radio frequency engineering, structural engineering, the assessment of electromagnetic fields, or other related fields of expertise. The licensed engineer shall act as an independent consultant, and shall disclose to the County any current or past employment with an applicant and/or in the wireless cellular/PCS industry.

B. The Planning Director shall notify the applicant in writing of the County’s decision to obtain an independent consultation by a licensed engineer, and shall require a deposit to cover the anticipated cost of this review. The applicant shall provide written consent by the landowner for the engineer to enter the subject property for purposes of investigation and assessment. The consent and payment of the deposit shall be a requirement for a completed application. The deposit shall be used for actual costs incurred in obtaining the independent consultation of the licensed engineer, and any unused portion of the deposit shall be returned. The County shall provide a copy of the engineer’s report to the applicant as soon as it is received. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.080.]

A. Criteria. In addition to the general development standards of JCC 19.99.060 and the underlying zoning district standards of JCC 19.99.070, new wireless cellular/PCS facilities that are not exempt per JCC 19.99.020, or considered minor modifications per JCC 19.99.030, are subject to the following criteria, to be satisfied before issuance of a development permit:

1. Requirements for Co-Location. A new facility with support structure shall not be authorized unless the applicant first demonstrates existing support structures cannot accommodate the gap in service and capacity requirements by co-location. Evidence to substantiate this must meet or address all of the following requirements:

a. The application must be prepared by an expert in the field of telecommunication facilities.

b. The applicant must demonstrate that co-location sites are too far from the area needing coverage or capacity to accommodate the necessary equipment at an adequate elevation necessary to fill a gap in service.

c. The proposed equipment would exceed the structural or spatial capacity of existing facilities/support structures, and the existing facilities/support structures cannot be reinforced, modified, or replaced to accommodate co-location.

d. The proposed equipment would significantly impact the usefulness of other equipment at the existing facility and the impact cannot be mitigated or prevented.

e. The proposed equipment alone or together with the existing equipment would create radio frequency interference and/or radio frequency radiation that violates FCC standards.

f. The fees or costs required to share an existing tower or structure, or to adapt an existing tower or structure for co-location, are unreasonable.

2. Justification of Need and Location. The applicant must justify the need for the proposed facility or support structure at the proposed location, by demonstrating with substantial evidence:

a. That the proposed facility and support structure is necessary to fill a gap in service, and available alternative technologies which could be employed to provide adequate coverage from existing support structures on other sites have been studied per subsection (A)(2)(c) of this section and are not technologically feasible.

b. That the disruption results from a lack of coverage and not a lack of capacity to achieve adequate service. If the proposed cellular/PCS facility is to improve capacity, the applicant must provide substantive information on the usage by neighboring cell sites in all directions used by the applicant company and other information used to demonstrate capacity deficiencies.

c. That a comprehensive study of coverage submitted to the County identifies and evaluates less intrusive alternatives, such as: sites with alternative support structures or design systems, or upgrading existing facilities.

d. That, based upon the study required in subsection (A)(2)(c) of this section, less intrusive alternatives are not available and/or technologically feasible.

3. Siting Criteria. If the criteria of subsections (A)(1) and (2) of this section are satisfied, the County shall consider and compare the location, size, design and operating characteristics of a proposed new wireless cellular/PCS facility with other available sites identified by the applicant to determine which site is least intrusive. In determining the preferred site, the County shall consider the following criteria:

a. Whether the proposed site location creates significant adverse impacts (as defined in JCC 19.11.210) to surrounding properties, including but not limited to: noise, excessive drainage or erosion, light, glare, or property values within 1,200 feet of the subject property, as documented from an independent Oregon licensed appraiser.

b. Whether the proposed site location creates significant adverse impacts to the following resources, on or near the property: wildlife habitat, riparian areas or bird nesting sites, state and federally inventoried wetlands, or federally listed endangered animal or plant species, as determined by Oregon Departments of State Lands and Fish and Wildlife.

c. Whether visual impacts have been mitigated to the greatest extent possible by using camouflage or screening, including but not limited to: fencing, landscaping, strategic placement adjacent to existing buildings or vegetation, other screening of accessory equipment structures, incorporating facilities into the architectural features of existing buildings or structures. Mitigation may also include design compatibility with key elements in the surrounding area, such as use of material similar to that of adjacent buildings or structures; visually blending support structures with architectural features such as flagpoles, bell towers or cornices; or using existing vegetation to camouflage support structures.

d. Whether the proposed location minimizes visibility of the facility to residentially zoned land, and the obstruction of scenic views from residentially zoned land.

e. That the site complies with the siting priorities listed in JCC 19.99.050(B). [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.090.]

A. Expiration of Permits. Any permit for a wireless communication facility shall expire if the facility is abandoned and/or removed per JCC 19.99.140.

B. Period of Review. Any permit for a wireless communications facility issued pursuant to this chapter shall be reviewed after 10 years from effective date of the permit approval. Such review shall be initiated by the applicant within 30 days of the 10-year period, and completed by the County within the timelines established for ministerial review of land use permits. The facility shall be reviewed for compliance with the ordinance in effect at the time of review, and in particular, to determine if opportunities for replacement with “stealth” technology or microcell antennas are technologically feasible. If stealth or microcell antennas are feasible for the site, then these antennas shall be utilized as a replacement, and the existing support structure removed. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.100.]

Wireless cellular/PCS communication uses and structures in existence as of the effective date of this chapter which are nonconforming as to the use or development standards of this chapter shall be subject to the provisions of Chapter 19.13 JCC, Nonconforming Lots, Uses and Structures, except that new antennas may be permitted to co-locate on existing support structures already hosting cellular/PCS antennas, subject to ministerial review under the general development standards of JCC 19.99.060. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.110.]

Temporary Wireless/PCS Facilities. Temporary wireless/PCS facilities are permitted as a temporary use with review by the Planning Director in order to assure continuity in service during repair or maintenance of existing wireless communications facilities or for testing purposes prior to completion of construction of new facilities. Temporary wireless communications facilities shall operate for not more than 60 days, commencing when transmission from such facility begins except when needed for emergency services, as determined by the Josephine County Emergency Services Manager. The temporary facility shall be removed within 30 days after it is no longer needed for telecommunications purposes. Such temporary permits shall be subject to the performance bond requirements of Chapter 19.14 JCC. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.120.]

A. Compliance with Federal Regulations and Penalties. All wireless communications support structures must meet or exceed current standards and requirements of the Telecommunications Act, regulations of the Federal Aviation Administration, the FCC and any other agency of the federal government with the authority to regulate wireless communications support structures and antennas.

B. Required Environmental Assessment. Carriers and owners of wireless communications support structures, antennas and electronic equipment shall provide the County with documentation of any environmental assessment (EA) required to be submitted to the FCC or FAA regarding locations within the County simultaneous with any filing with the federal agencies pursuant to 47 CFR Part I, and Sections 1.1307 and 1.1308(a) of the Telecommunications Act. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.130.]

Any antenna or wireless communications support structure that is determined by the Director to be abandoned as defined in JCC 19.99.030 shall be removed by the owner of the property on which the support structure or antenna is situated, or by the owner or lessee of the support structure or antenna, within 90 days of receipt of notice to remove from the County. If the antenna and/or support structure is not removed within 90 days, the County may remove the antenna or support structure at the owner and lessee’s expense. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.140.]

Communication technologies are subject to rapid change. Future innovations may render specific portions of this chapter obsolete, or require amendment to existing standards. Subsequent review and revision of this chapter shall occur at least every five years hereafter or more frequently at the request of the Planning Commission or Board of County Commissioners. [Ord. 2012-002 (Exh. A); 2005 RLDC § 99.150.]

The purpose of this chapter is to provide for the affordable, transitional shelter of persons. [Ord. 2018-003 § 1; 2005 RLDC § 99A.010.]

A. Transitional Housing Camp.

1. Transitional housing camps may be allowed in zoning districts that allow recreation parks or campgrounds.

2. The property manager shall reside on site.

3. Transitional housing camps may be provided by a private party or a nonprofit organization.

4. The transitional housing camp shall meet all state guidelines for a campground.

5. The units in a transitional housing camp shall be limited to camping vehicles such as recreational vehicles, fifth wheels, motor homes, storage boxes (also known as “Conex”) converted for temporary habitation, park models, tiny homes on wheels not to exceed 320 square feet in area, and prefabricated structures at least 201 square feet in area but not to exceed 320 square feet in area, built in compliance with the 2017 Oregon Transitional Housing Standard. Tents and yurts are prohibited in a transitional housing camp. Units shall be separated within the park by construction type. If utilizing a mixture thereof, all stick-built structures, park models, and tiny homes on wheels, whether built on site or elsewhere, shall be located in a portion of the camp that is separate from the camping vehicles.

6. Setbacks.

a. All areas designated for overnight accommodations shall be set back at least 100 feet from all side and rear residentially zoned property lines.

b. All areas designated for overnight accommodations shall be set back 60 feet from a road right-of-way.

7. Transitional housing camps shall provide, at a minimum, restrooms (men, women, family) which are connected to public sewer or an approved on-site waste disposal system, a potable drinking water source, information on bus routes, social services available, and emergency contact information for both operator and law enforcement. Portable toilets are prohibited.

8. Transitional housing camps shall carry proof of insurance on site.

9. There can be incidental retail sales on the property, the purpose of which is to sell solely to the occupants of the camp. Alcoholic beverages and cannabis products may not be sold on site.

10. There shall be no soliciting.

11. Religious and social services may be provided.

12. The use of illegal drugs on the property shall be cause to revoke the authorizing permit.

13. Transitional housing camps shall only be permitted using the conditional use permit process, with hearing.

B. Transitional Housing Shelter.

1. Transitional housing shelters are allowed in the rural commercial and rural industrial zoning districts.

2. The property manager shall be on site during the hours of availability.

3. Transitional housing shelters may be provided by a private party or a nonprofit organization.

4. Hours of availability shall not exceed 16 consecutive hours.

5. One caretaker quarters structure for the owner or property manager(s) is allowed by permit, using the ministerial review process, provided the transitional housing shelter has been established, but prior to operation.

6. Maximum capacity shall not exceed a ratio of one manager for every 20 persons.

7. Transitional housing shelters shall only be allowed if such shelter is located within one mile of a bus stop.

8. The area providing shelter shall be fenced and a gate provided. When closed for shelter, the gate shall be locked to prevent access.

9. If dogs are allowed, the transitional housing shelter shall provide a separate fenced area for dogs.

10. The area within 100 feet surrounding the transitional housing shelter shall be kept free and clear of junk, waste, or flammable material.

11. All waste shall be contained and disposed of properly. Unmanaged waste shall be grounds to revoke the authorizing permit.

12. Setbacks.

a. All areas designated for shelter shall be set back at least 50 feet from the property line of adjacent lots with commercial or industrial uses. If the adjacent use is residential, the designated area shall be set back 200 feet from the common property line.

b. All areas designated for shelter shall be set back 60 feet from a road right-of-way.

13. All areas designated for shelter shall be visible from a public right-of-way.

14. All areas designated for shelter shall be screened from view from adjacent lots.

15. Transitional housing shelters shall provide for one parking space per every anticipated six guests. No on-street parking shall be allowed.

16. Lighting (Chapters 19.75 and 19.77 JCC) and landscaping (JCC 19.75.060) requirements apply.

17. Transitional housing shelters shall provide, at a minimum, restrooms (men, women, family), a potable drinking water source, information on bus routes, social services available, and emergency contact information for both operator and law enforcement. Portable restrooms, provided there is a shower, are permitted and shall meet the same minimum setbacks as the shelter area. Restrooms need DEQ approval.

18. Transitional housing shelters shall carry proof of insurance on site.

19. There shall be no soliciting.

20. Religious and social services may be provided.

21. Transitional housing shelters are not intended to be permanent housing and the use by the same individual or family therefore is limited to a maximum stay of 30 days per shelter.

22. Individual storage structures are not permitted; storage, if provided, shall be a common storage structure.

23. A security plan shall be submitted to, and approved by, the Department. Said plan shall be placed on file with the Sheriff’s Office, and maintained by the landowner or assigned property manager. The security plan shall include, at a minimum, the landowner and operator’s contact information and security provisions to protect occupants, protection from sexual assault, and how to address animal control.

24. The use of illegal drugs on the property shall be cause to revoke the authorizing permit.

25. Transitional housing shelters shall only be permitted using the conditional use permit process, with hearing. [Ord. 2018-003 § 1; 2005 RLDC § 99A.020.]