The purpose of this division is to establish the basic land use requirements and concepts needed to implement state and local goals, rules and policies regarding the planning and zoning of unincorporated communities. This chapter shall define the intent, purpose and basic requirements that apply to all unincorporated communities. It is understood that unincorporated communities will be required to adopt specific zoning and development schemes as may be needed to fully implement each community’s unique plan. Individual community plans are implemented in the following chapters of this division. [2005 RLDC § 100.010.]

The following basic unincorporated community zones are established:

Individual unincorporated community plans may implement different zones and lists of uses within them, to include different standards of development and review procedures as long as the uses, standards and procedures are consistent with applicable state and local requirements for unincorporated rural communities. In all cases, the zone or subzone names shall contain the word “community,” and the map symbols shall not duplicate symbols for existing rural zones. [2005 RLDC § 100.020.]

The flood hazard overlay (Chapter 19.69A JCC), the deer overlay (Chapter 19.69B JCC), the wild and scenic rivers overlay (Chapter 19.69C JCC), the airport overlay (Chapter 19.69D JCC), the water hazard overlay (Chapter 19.69E JCC) and the mineral and aggregate overlay (Chapters 19.69F and 19.91 JCC) shall apply within unincorporated rural communities to the extent they are now or hereafter officially mapped within the respective unincorporated rural communities. Other zoning overlay requirements may be created within unincorporated rural communities as needed to support individual plans. [2005 RLDC § 100.030.]

A. Application of This Title. Unless specifically modified by this chapter or other chapters of this division, or any other element of an adopted rural community plan, all of the procedures, criteria, standards and rules contained within this title shall apply to the development of uses and structures within individual unincorporated communities.

B. Nonconforming Lots, Uses, Developments and Structures. Lots, uses, developments or structures that do not conform to the requirements of this division, but which lawfully existed at the time of adoption of individual unincorporated community plans, may continue subject to the provisions of Chapter 19.13 JCC (Nonconforming Lots, Uses and Structures).

C. All Other Uses. All other lots, uses, developments, structures and land shall be established, constructed, changed in use, erected, moved, reconstructed, replaced, extended, altered or divided only in full compliance with the applicable provisions of this title (see JCC 19.12.010, Scope and compliance). [2005 RLDC § 100.040.]

The Merlin/North Valley unincorporated community shall be a rural community as described and authorized by OAR Chapter 660, Division 22. This community shall be referred to as the Merlin/North Valley Community (MNVC).

The purpose of the MNVC plan is to establish an unincorporated community boundary for a rural community around the Merlin/North Valley area consistent with the desires of the affected residents and the requirements of OAR Chapter 660, Division 22. This plan shall guide present and future development and growth for lands and uses within the MNVC, to include allowed uses, densities and standards for development as set forth in this chapter or elsewhere in this title. [2005 RLDC § 101.010.]

The lands located within the MNVC are shown on the official boundary map. The lands affected by the boundary are also listed according to Assessor’s tax lot descriptions. Both the map and list are adopted as part of the Josephine County comprehensive plan. The applicable provisions of this chapter shall apply only to the lands described on the adopted map and list.

The MNVC plan shall consist of the following documents:

A. Findings of fact addressing the requirements of OAR Chapter 660, Division 22 and the Josephine County comprehensive plan goals and policies;

B. The adopted Merlin/North Valley boundary map and list of affected tax lots as described in the Assessor’s records;

C. The adopted Merlin/North Valley comprehensive plan and zoning maps;

D. The Merlin/North Valley Water Master Plan (April 2001) and the Merlin/North Valley Wastewater Facilities Plan (June 2001), as prepared by the Dyer Partnership, Engineers and Planners, Inc.;

E. Amendments to the Josephine County comprehensive plan, goals and policies, regarding the implementation and maintenance of the MNVC plan;

F. The provisions of Chapter 19.100 JCC, this chapter and other provisions of this title made applicable by reference;

G. The Josephine County Airport Master Plan; and

H. The Josephine County Transportation System Plan (1983), until such time as it is replaced by the Josephine County Master Transportation Plan. [2005 RLDC § 101.015.]

Applications to amend any element of the MNVC plan shall comply with the requirements of JCC 19.46.020 (Review procedure) and 19.46.030 (Plan amendment application requirements). In addition, all of the following plan amendment review criteria shall apply:

A. Applications to amend the text, maps or inventories of the MNVC plan shall demonstrate compliance with the requirements of OAR Chapter 660, Division 22 (Unincorporated Communities);

B. Requests involving changes for lands from a resource designation to a nonresource designation shall either comply with statewide exception criteria contained in ORS 197.732, and as implemented in OAR Chapter 660, Division 4, or demonstrate the land is nonresource pursuant to the criteria contained in JCC 19.46.050;

C. Plan or map amendments that add or modify uses allowed within the MNVC shall demonstrate the uses can be supported by adequate on-site subsurface sewage disposal, groundwater supplies, or that sewer and water services will be provided consistent with the Dyer facility plans;

D. Plan or map amendments that increase the density of residential development or increase small-scale, low-impact commercial or industrial size limits shall occur only when sewer and water services consistent with the Dyer facility plans are provided;

E. New uses or modified uses and densities described in subsections (C) and (D) of this section shall be consistent with the identified function, capacity and level of service of transportation facilities serving the MNVC pursuant to OAR 660-012-0060(1)(a) through (c);

F. The physical characteristics of the land and surrounding area make the land suitable for the proposed density and types of uses, to include consideration of existing or potential hazards (flood, wildfire, erosion, pollution), the degree of slopes, the presence of wetlands, geologic formations, mineral deposits and any other similar natural or manmade conditions or circumstances;

G. The land in its natural state accommodates the proposed uses and densities, or special alterations or mitigation plans can reasonably make the land achieve the requirements for basic sewage disposal, groundwater supply, and the other physical considerations described in subsection (F) of this section;

H. The density and types of uses authorized by the proposed plan and zoning designations are appropriate based on the requirements of subsection (H)(1) or (2) of this section:

1. The change in designations at the location is consistent with the character of the surrounding area. Consistency shall be demonstrated by a detailed review of the relationship between the area covered by the proposed change in designations and the surrounding area, subject to the following rules:

a. The detailed review shall describe the similarities or dissimilarities between the area of proposed change and the surrounding area based upon parcel size and ownership patterns, zoning, existing or authorized land uses and structures, public facilities and services, and natural or manmade features. In addition:

[1] Evidence regarding changes in parcel size and ownership patterns shall, at a minimum, consider the circumstances of the parcelization and ownership patterns lawfully existing within the area of study. Review of parcelization patterns shall not only include the number and size of the parcels, but the relationship of the parcels to the total acreage within the study area, together with the potential for additional parcelization pursuant to existing zoning. In order for parcels to be counted in a parcelization analysis, the parcels must be authorized lots or parcels as defined by JCC 19.11.140.

[2] Natural or manmade features may include watercourses, wetlands, watersheds, ridges, valleys, roads, rights-of-way, easements, political or service boundaries and other similar features. The study must identify and explain how these features operate to join or disjoin the area being changed from surrounding lands.

b. The detailed review shall include a written statement explaining the rationale used to include or exclude areas from study, and be supported by zoning maps, aerial photographs, contour maps, and any other public or private records, statistics or other documents, necessary or helpful to establish the character of the area; and show how the change will be consistent.

2. Demonstrate how the introduction of inconsistent density or uses into an area is justified. This demonstration may be based upon changes in the area resulting from rezonings, new residential, commercial, industrial or resource development, the introduction or improvement of public facilities and services, changes in demographics, changes in plan inventories, and other similar circumstances. The application shall show how the proposed change in designations, in the context of the foregoing circumstances, implements applicable state and/or County goals and policies. The more the change introduces inconsistent densities and uses into an area, the greater the burden on the applicant to justify the basis for the change. [2005 RLDC § 101.020.]

The purpose of the community residential zone is to authorize residential uses, residential accessory uses, conditional uses and temporary uses at locations, densities and under conditions that are consistent with the development requirements for unincorporated rural community planning. The community residential zone shall provide residential zoning classifications for lands already zoned and committed to rural residential development at the time this zone is implemented.

The community residential zone shall designate two zoning categories based upon the density permitted by the division and development within these categories. The first category shall be known as the community residential – two-acre zone. All lands zoned for rural residential – one acre and two and one-half acre by the Josephine County comprehensive plan prior to the establishment of the MNVC plan shall be included in this category. The second category shall be known as the community residential – five-acre zone. All lands zoned for rural residential – five-acre by the Josephine County comprehensive plan prior to the establishment of the MNVC plan shall be included in this category. [2005 RLDC § 101.110.]

The following uses, with accessory uses and structures, shall be permitted using ministerial review procedures (Chapter 19.22 JCC). All uses shall also meet the applicable development standards listed in JCC 19.101A.060. In all cases, a development permit (Chapter 19.41 JCC) is required as final permit approval.

A. One single-family dwelling per authorized lot, to include noncommercial accessory structures, developments and uses normally occurring with dwellings, subject to the following:

1. Accessory structures, developments and uses may be used for business purposes only when authorized by a home occupation permit (Chapter 19.92 JCC) or exempted from the definition of home occupation (JCC 19.11.100).

B. Farm and/or forest uses, to include product stands, when all of the products are produced and used or sold on the property, but shall be subordinate to all other permitted and conditional uses listed in this zone. See also JCC 19.101A.050 regarding the keeping of animals.

C. Family day-care provider operating from a single-family dwelling and caring for fewer than 13 children, including children of the care provider, regardless of full-time or part-time status.

D. One residential care home or facility per authorized lot.

E. Boarding house. [Ord. 2018-003 § 1; 2005 RLDC § 101.120.]

The following uses, with accessory uses, shall be authorized using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for conditional uses (Chapter 19.45 JCC), and site plan review if required (Chapter 19.42 JCC). All uses shall also meet the applicable development standards listed in JCC 19.101A.060. A development permit (Chapter 19.41 JCC) shall be required as the final permit approval.

A. Campground subject to Chapter 19.98 JCC.

B. Cemetery.

C. Church when applicable review standards and criteria are qualified as follows:

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

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

D. Home occupations subject to Chapter 19.92 JCC.

E. Parks, playgrounds and community centers.

F. Public and semi-public service centers and facilities.

G. Real estate tract sales office subject to the following standards:

1. The office is located in a residential subdivision or planned unit development and all business conducted there is strictly limited to the sale of lots platted within the same development; and

2. The office is removed or converted to an authorized use within 30 days after all lots within the same development are sold.

H. School, public or private, to include residential student housing subject to the following additional standards:

1. The housing is needed to minimize energy and transportation impacts resulting from student travel; or

2. The housing is needed because affordable student housing is not otherwise adequately available within the area; or

3. The housing is needed to accomplish other policies or requirements of this title.

I. Recreational vehicle park subject to Chapter 19.98 JCC.

J. Storage of up to four motor vehicles from which parts have not been removed and the vehicles are unlicensed or owned by individuals other than the resident or owner of the property. [2005 RLDC § 101.130.]

The following uses, with accessory uses and structures, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), subject to temporary use requirements (Chapter 19.43 JCC). All uses shall meet the applicable development standards listed in JCC 19.101A.060. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.

A. Mass gatherings;

B. Medical hardship dwelling/detached living space;

C. Temporary storage of an unoccupied manufactured dwelling. [Ord. 2018-003 § 1; 2005 RLDC § 101.150.]

The keeping of animals for both agricultural or nonagricultural purposes shall be fully subordinate and secondary to the residential uses authorized by this zone, and shall comply with the following specific requirements:

A. Kennels, as defined in JCC 19.11.130, are not allowed in the community residential zones;

B. The keeping of animals outside of residential structures shall not result in significant adverse impacts to surrounding properties;

C. Nondwelling structures used to house animals, excluding fenced pastures, shall be set back at least 50 feet from all property lines;

D. Pastured animals shall be completely contained within fences;

E. The keeping of animals shall meet and maintain all applicable permits and standards of the Oregon Departments of Agriculture and Environmental Quality;

F. The keeping of animals shall meet and maintain all applicable licenses and other regulations of the Josephine County Health Department. [2005 RLDC § 101.160.]

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

A. Permit Review Requirements.

1. Basic review provisions – Chapter 19.20 JCC.

2. Pre-application review – Chapter 19.21 JCC.

3. Permit review procedures – Chapter 19.22 JCC.

4. Basic application requirements – Chapter 19.40 JCC.

5. Administration of permits – Chapter 19.41 JCC.

6. Site plan review – Chapter 19.42 JCC.

7. Temporary uses – Chapter 19.43 JCC.

8. Variances – Chapter 19.44 JCC.

9. Conditional uses – Chapter 19.45 JCC.

B. Property Development Standards.

1. Minimum lot size:

a. CR-2: two acres.

b. CR-5: five acres.

2. Minimum lot width:

a. CR-2: 200 feet.

b. CR-5: 300 feet.

3. Lot dimensions – See Chapter 19.71 JCC.

4. Special requirements for land divisions, conditional uses, and developing nonconforming lots or parcels:

a. Land Divisions, Conditional Uses, and Development of Nonconforming Lots or Parcels. As a condition of final approval, the owner shall:

[1] Obtain a site approval for a subsurface sewage disposal system from the Oregon Department of Environmental Quality within each newly configured lot or developed site, or connect to a community sewer system; and

[2] The requirements of Chapter 19.84 JCC (Water Standards) shall apply to new subdivisions, partitions and the development of existing residential lots or parcels that are two acres or smaller in size. This requirement shall apply to all land divisions even though JCC 19.84.020(A) and (B) specify a one-acre threshold. Chapter 19.84 JCC shall apply to site plan review items that require more than 1,600 gallons of groundwater per day. The Water Resources Director or the Planning Director shall administer the requirements of Chapter 19.84 JCC. This requirement shall not apply if the water source is a community water system or the City of Grants Pass.

b. Merger of Nonconforming Lots or Parcels. When one or more nonconforming lots or parcels are involved in a single development, the nonconforming lots or parcels shall be merged with each other, and with other conforming lots or parcels also involved in the development, by property line adjustment or replat to the extent needed to achieve conformity or the least nonconformity possible. In addition, no variance to any setback standard shall be authorized to support development of nonconforming lots or parcels.

c. Water Service Agreement. Users receiving water service from the City of Grants Pass shall execute the documents required by the City for the provision of such service. The County shall assure performance of this requirement prior to final land use approval.

5. Building size, accessory heights, setbacks and yard dimensions shall conform to the provisions of Chapter 19.72 JCC, except:

a. Maximum structure height – 35 feet or two and one-half stories, whichever is less;

b. Minimum setback from property lines: Front: 30 feet; side: 10 feet; rear: 25 feet.

6. Access and transportation – See Chapter 19.81 JCC.

7. Aggregate overlay – See Chapters 19.69F and 19.91 JCC.

8. Airport overlay – See Chapter 19.69D JCC.

9. Archaeological resources – See Chapter 19.93 JCC.

10. Erosion and sediment control and storm drain facilities – See Chapter 19.83 JCC.

11. Fences, walls and screens – See Chapter 19.73 JCC.

12. Flood hazard overlay – See Chapter 19.69A JCC.

13. Historic resources – See Chapter 19.94 JCC.

14. Mineral and aggregate overlay – See Chapter 19.69F JCC.

15. Parks and playgrounds – See Chapter 19.98 JCC.

16. Signs – See Chapter 19.74 JCC.

17. Solid waste and recycling – See Chapter 19.86 JCC.

18. Stream setbacks – See Chapter 19.72 JCC.

19. Utilities – See Chapter 19.85 JCC.

20. Water hazard overlay – See Chapter 19.69E JCC.

21. Water standards – See Chapter 19.84 JCC.

22. Wild and scenic rivers overlay – See Chapter 19.69C JCC. [2005 RLDC § 101.170.]

The community commercial zone is intended to allow a broad range of professional, commercial and institutional uses to meet the general needs of residents within or near the MNVC. The community commercial zone shall include lands already zoned and committed to rural commercial zoning at the time this zone is implemented. [2005 RLDC § 101.210.]

The following uses, with accessory uses and structures, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), unless site plan review is required (Chapter 19.42 JCC), in which case uses shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC). Uses shall also meet the applicable development standards listed in JCC 19.101B.040. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.

A. Institutional and Service Commercial. Public and private commercial uses that are community oriented such as an ambulance center, medical clinic or urgent care unit, police or fire station, library, post office, community center, social service or care center, church, park, utility or communication facility, recycling center, maintenance shop, fraternal lodge or club, and day-care.

B. Commercial Recreation. Entertainment or recreation uses such as a bowling alley, miniature golf course, bicycle or skate park, theater, sports club, arcade, and gymnasium (dance, self-defense, gymnastics, etc.).

C. Commercial General. Service, sales and trade uses such as a retail sales store, grocery store or food store, service or repair center, craft or art studio, personal service shop (barber, beauty, tailor, tattoos, etc.), restaurant, tavern, laundromats and dry cleaners, vehicle or equipment sale or rental lot, building material or hardware store, professional office, bank, printing or copying shop, contractor yard or shop, light fabrication shop, auto, truck or equipment repair garage, tire store, gas station or fuel depot, storage or warehousing, recreational vehicle park, campground, pharmacy, and towing service or yard.

D. Care Providers and Dwellings.

1. One residential care home or one residential care facility.

2. One manufactured dwelling may be allowed only when located on the same lot or parcel (to include water and septic services) as the commercial use, and when occupied by the owner/operator of the commercial use. As a condition of this use, a deed restriction shall be executed by the owner and recorded in the County deed records to disclose the qualified nature of the dwelling, and which waives complaint or claim of any kind for impacts from authorized commercial activities on nearby commercially zoned lands.

3. Lawfully existing single-family and/or manufactured dwellings (alteration or replacement only, subject to the time limits contained in JCC 19.13.030).

4. Residential occupancy of the business, providing such dwelling is on the same property, and meets the residential occupancy requirements of the building code. [Amended by Planning Director, 10-28-16; Ord. 2012-003 (Exh. A); 2005 RLDC § 101.220.]

The following uses, with accessory uses and structures, shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for conditional uses (Chapter 19.45 JCC) and site plan review (Chapter 19.42 JCC). Uses shall also meet the applicable development standards listed in JCC 19.101B.040. In all cases, a development permit (Chapter 19.41 JCC) shall be required as the final permit approval.

A. Sewage disposal plant, to include pumping, treatment and distribution pipes and facilities;

B. Water treatment facility, or water storage reservoir, pumping station and distribution pipes. [2005 RLDC § 101.230.]

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

A. Permit Review Requirements.

1. Basic review provisions – Chapter 19.20 JCC.

2. Pre-application review – Chapter 19.21 JCC.

3. Permit review procedures – Chapter 19.22 JCC.

4. Basic application requirements – Chapter 19.40 JCC.

5. Administration of permits – Chapter 19.41 JCC.

6. Site plan review – Chapter 19.42 JCC.

7. Temporary uses – Chapter 19.43 JCC.

8. Variances – Chapter 19.44 JCC.

9. Conditional uses – Chapter 19.45 JCC.

B. Property Development Standards.

1. Minimum lot size – One-half acre (one acre if a dwelling is located with the business);

2. Lot dimensions – See Chapter 19.71 JCC;

3. Special Development Requirements.

a. Land Divisions, Site Development, Conditional Uses and Development of Nonconforming Lots or Parcels. As a condition of final approval, the owner shall:

[1] Obtain a site approval for a subsurface sewage disposal system from the Oregon Department of Environmental Quality within each newly configured lot or developed site, or connect to a community sewer system; and

[2] The requirements of Chapter 19.84 JCC (Water Standards) shall apply to new land divisions creating parcels two acres or smaller in size, and to developments requiring site plan review that require more than 1,600 gallons per day of groundwater. This requirement shall apply to all land divisions even though JCC 19.84.020(A) and (B) specify a one-acre threshold. The Water Resources Director or the Planning Director shall administer the requirements of Chapter 19.84 JCC. This requirement shall not apply if the water source is a community water system or the City of Grants Pass.

b. Merger of Nonconforming Lots or Parcels. When one or more nonconforming lots or parcels are involved in a single development, the nonconforming lots or parcels shall be merged with each other, and with other conforming lots or parcels also involved in the development, by property line adjustment or replat to the extent needed to achieve conformity or the least nonconformity possible. In addition, no variance to any setback standard shall be authorized to support development of nonconforming lots or parcels.

c. Water Service Agreement. Users receiving water service from the City of Grants Pass shall execute the documents required by the City for the provision of such service. The County shall assure performance of this requirement prior to final land use approval.

d. Transportation Facilities. New commercial uses shall not cause the use of transportation facilities to exceed capacities as specified in the County’s transportation plan. In addition, a traffic assessment by a qualified Oregon registered engineer shall be required for any new or expanded commercial use that generates more than 25 peak hour trips that are reasonably expected to impact the Louse Creek freeway interchange. Trip generation calculations shall be based on the most recent edition of the Institute of Transportation Engineer’s Trip Generation Manual. The traffic assessment shall determine the consistency of the use with the identified function, capacity and performance standards of the Louse Creek freeway interchange. The use may be limited or altered by conditions in the permit approval so that consistency is achieved, or denied if consistency cannot be achieved;

4. Building size, accessory heights, setbacks and yard dimensions shall conform to the provisions of Chapter 19.72 JCC, except:

a. Maximum building size for new commercial structures shall be 4,000 square feet, except where uses are intended to serve the community and surrounding rural area or the travel needs of people passing through the area. Uses are intended to serve local needs when the uses are designed to capture local markets for basic retail goods or services, or to serve travelers. Examples include a bank, community center, church, medical facility, public safety station, recreational equipment rental, guide or adventure service, park or entertainment facility, restaurant, grocery or video store, service station, repair shop, warehouse, recreational vehicle park, campground, etc. The following special procedures shall apply to all permits that allow exceptions to the 4,000-square-foot limit:

[1] The request shall require full site plan review procedures, to include quasi-judicial notice, review and appeal procedures; and

[2] The written land use decision approving the exception to the 4,000-square-foot size limit shall contain findings of fact and conclusions that show how the use is intended to serve the community and surrounding rural area or the needs of travelers.

b. Maximum structure height – 35 feet or two and one-half stories, whichever is less.

c. Minimum setback from property lines – 10 feet from all property lines.

5. Access and transportation – See Chapter 19.81 JCC.

6. Aggregate overlay – See Chapter 19.69F and 19.91 JCC.

7. Airport overlay – See Chapter 19.69D JCC.

8. Archaeological resources – See Chapter 19.93 JCC.

9. Erosion and sediment control and storm drain facilities – See Chapter 19.83 JCC.

10. Fences, walls and screens – See Chapter 19.73 JCC.

11. Flood hazard overlay – See Chapter 19.69A JCC.

12. Historic resources – See Chapter 19.94 JCC.

13. Mineral and aggregate overlay – See Chapter 19.69F JCC.

14. Parks and playgrounds – See Chapter 19.98 JCC.

15. Signs – See Chapter 19.74 JCC.

16. Solid waste – See Chapter 19.86 JCC.

17. Stream setbacks – See Chapter 19.72 JCC.

18. Utilities – See Chapter 19.85 JCC.

19. Water hazard overlay – See Chapter 19.69E JCC.

20. Water standards – See Chapter 19.84 JCC.

21. Wild and scenic rivers overlay – See Chapter 19.69C JCC. [2005 RLDC § 101.250.]

The community light industrial zone is intended to allow a broad range of uses that involve the research, design and development of products or components, and the light manufacturing, fabrication and assembly of such products or components. The community light industrial zone shall include lands already zoned and committed to rural light industrial zoning at the time this zone is implemented. [2005 RLDC § 101.310.]

The following uses, with accessory uses and structures, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), unless site plan review is required (Chapter 19.42 JCC), in which case uses shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC). Recycling centers must be authorized using Planning Commission review procedures (Chapter 19.24 JCC). Uses shall also meet the applicable development standards listed in JCC 19.101C.040. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.

A. Institutional, Administrative and Development. Public or private administrative or service uses such as an office, educational or training facility, hospital, public or private meeting or conference buildings, medical or veterinary clinic, airport, taxi or transportation terminal, ambulance or police or fire station, laboratory or research facility, utility yard or facility, recycling centers and animal shelters.

B. Preparation, Assembly and Manufacturing. General light manufacturing such as the preparation and assembly of components or merchandise into other products, the manufacturing of component or end products, the processing, cooking or packaging of food products, and the cleaning, repair, reconstituting or refurbishing of previously manufactured products. The secondary retail sale and service of goods shall be permitted only when the sales involve items that are prepared, assembled or manufactured on the same site. The following uses, and other uses with similar activities and impacts, shall not be allowed:

1. Sawmills, lumber mills, planing mills and molding plants;

2. Truck or automobile body shops;

3. Metal reduction, refining or smelting;

4. Tire store or tire repair and recapping.

C. Storage and Distribution. General storage and distribution uses, such as transit storage, mini-storage, cold storage, warehousing, wholesale distribution, fuel distribution, equipment rental yard, fee parking lot, towing service with impound yard (no more than 10 vehicles; screened from view).

D. Support Services. Activities that may be considered support uses to other industrial uses such as a restaurant or café, food catering, convenience store, building maintenance or janitorial service, automobile or truck gas station (light service only), consultant or professional service office (engineers, scientists, quality assurance labs, etc.).

E. One On-Site Dwelling. A manufactured dwelling or quarters may be placed or developed for a caretaker or night watchman when all of the following requirements are met:

1. The resident must be an employee of the business (no rent may be charged);

2. The employee status of the resident must be documented at the County’s request;

3. Employee quarters shall strictly comply with the definition for “quarters” contained in JCC 19.11.190 (no variance); and

4. The dwelling must be served by a septic system developed on the same lot or parcel as the industrial use that it serves, or be connected to a community sewer system.

F. Lawfully existing single-family and/or manufactured dwellings (alteration or replacement only, subject to the time limits contained in JCC 19.13.030, Nonconforming structures).

G. Agricultural, farming and farm use as defined by Chapter 19.11 JCC. [Amended by Planning Director, 10-28-16; Ord. 2016-004 § 1(2); 2005 RLDC § 101.320.]

The following uses, with accessory uses and structures, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), subject to temporary use requirements (Chapter 19.43 JCC). All uses shall meet the applicable development standards listed in JCC 19.101C.040. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.

A. Mass gatherings. [2005 RLDC § 101.350.]

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

A. Permit Review Requirements.

1. Basic review provisions – Chapter 19.20 JCC.

2. Pre-application review – Chapter 19.21 JCC.

3. Permit review procedures – Chapter 19.22 JCC.

4. Basic application requirements – Chapter 19.40 JCC.

5. Administration of permits – Chapter 19.41 JCC.

6. Site plan review – Chapter 19.42 JCC.

7. Temporary uses – Chapter 19.43 JCC.

8. Variances – Chapter 19.44 JCC.

9. Conditional uses – Chapter 19.45 JCC.

B. Property Development Standards.

1. Minimum lot size – one-half acre.

2. Building size, accessory heights, setbacks and yard dimensions shall conform to the provisions of Chapter 19.72 JCC, except:

a. Maximum building size for small-scale, low impact uses shall be 40,000 square feet (space approved for an operator, caretaker or night watchman shall not be counted against the building size limitation).

b. There shall be no building size limit for the following other uses:

[1] Expansion of uses existing as of October 28, 1994;

[2] Uses requiring proximity to a rural resource as defined in OAR 660-004-022(3)(a);

[3] New uses that will not exceed the capacity of water and sewer service available to the site as of October 28, 1994;

[4] New uses where the site itself has capacity to provide water and absorb sewage;

[5] New uses that are necessary to provide employment that does not exceed the total projected work force within the MNVC and surrounding areas (for specific requirements see OAR 660-022-0030(3)(f)); and

[6] New or expanded uses within the North Valley Industrial Park shall not be subject to the 40,000-square-foot building size limit. However, all new or expanded uses within the North Valley Industrial Park must be served by water from the City of Grants Pass and by the existing Three Rivers School District’s sewer system or by a community sewer system.

c. Maximum structure height – 35 feet or two and one-half stories, whichever is less.

d. Minimum setback from property lines – Front: 10 feet; rear: 20 feet; side: 20 feet.

3. Special Development Requirements.

a. Land Divisions, Site Development, and Development of Nonconforming Lots or Parcels. As a condition of final approval, the owner shall:

[1] Obtain a site approval for a subsurface sewage disposal system from the Oregon Department of Environmental Quality within each newly configured lot or developed site, or connect to a community sewer system; and

[2] The requirements of Chapter 19.84 JCC (Water Standards) shall apply to new land divisions creating parcels two acres or smaller, and to developments requiring site plan review that require more than 1,600 gallons per day of groundwater. This requirement shall apply to all land divisions even though JCC 19.84.020(A) and (B) specify a one-acre threshold. The Water Resources Director or the Planning Director shall administer the requirements of Chapter 19.84 JCC. This requirement shall not apply if the water source is a community water system or the City of Grants Pass.

b. Merger of Nonconforming Lots or Parcels. When one or more nonconforming lots or parcels are involved in a single development, the nonconforming lots or parcels shall be merged with each other, and with other conforming lots or parcels also involved in the development, by property line adjustment or replat to the extent needed to achieve conformity or the least nonconformity possible. In addition, no variance to any setback standard shall be authorized to support development of nonconforming lots or parcels.

c. Water Service Agreement. Users receiving water service from the City of Grants Pass shall execute the documents required by the City for the provision of such service. The County shall assure performance of this requirement prior to final land use approval.

d. Transportation Facilities. New industrial uses shall not cause the use of transportation facilities to exceed capacities as specified in the County’s transportation plan. In addition, a traffic assessment by a qualified Oregon registered engineer shall be required for any new or expanded industrial use that generates more than 25 peak hour trips that are reasonably expected to impact the Louse Creek freeway interchange. Trip generation calculations shall be based on the most recent edition of the Institute of Transportation Engineer’s Trip Generation Manual. The traffic assessment shall determine the consistency of the use with the identified function, capacity and performance standards of the Louse Creek freeway interchange. The use may be limited or altered by conditions in the permit approval so that consistency is achieved, or denied if consistency cannot be achieved.

4. Access – See Chapter 19.81 JCC.

5. Aggregate overlay – See Chapters 19.69F, 19.91 JCC.

6. Airport overlay – See Chapter 19.69D JCC.

7. Archaeological resources – See Chapter 19.93 JCC.

8. Erosion and sediment control – See Chapter 19.83 JCC.

9. Fences, walls and screens – See Chapter 19.73 JCC.

10. Flood hazard overlay – See Chapter 19.69A JCC.

11. Historic resources – See Chapter 19.94 JCC.

12. Mineral and aggregate overlay – See Chapter 19.69F JCC.

13. Parking – See Chapter 19.75 JCC.

14. Parks and playgrounds – See Chapter 19.98 JCC.

15. Signs – See Chapter 19.74 JCC.

16. Solid waste – See Chapter 19.86 JCC.

17. Stream setbacks – See Chapter 19.72 JCC.

18. Utilities – See Chapter 19.85 JCC.

19. Water hazard overlay – See Chapter 19.69E JCC.

20. Water standards – See Chapter 19.84 JCC.

21. Wild and scenic rivers overlay – See Chapter 19.69C JCC. [2005 RLDC § 101.360.]

The community industrial zone is intended to allow a broad range of intensive institutional and industrial uses that are more likely to involve significant land use impacts. Lands within this zone are areas that are now developed, or historically developed, with heavier institutional or industrial uses. The community industrial zone shall include lands already zoned and committed to rural industrial zoning at the time this zone is implemented. [2005 RLDC § 101.410.]

The following uses, with accessory uses and structures, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), unless site plan review is required (Chapter 19.42 JCC), in which case uses shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC). Recycling centers, resource recovery facilities, sewage transfer sites, waste transfer centers and solid waste sites must be authorized using Planning Commission review procedures (Chapter 19.24 JCC). Uses shall also meet the applicable development standards listed in JCC 19.101D.040. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.

A. Institutional. Public operated or County franchised uses such as a recycling center, resource recovery facility, sewage transfer site, waste transfer center or solid waste site (subject to Chapter 19.86 JCC), water treatment plant or reservoir, sewage disposal plant, correctional or jail facility, ambulance or police or fire station, utility yard or facility and airport.

B. Preparation, Repair, Assembly and Manufacturing. A comprehensive range of preparation, repair, assembling and manufacturing activities, such as the preparation and assembly of components or merchandise into other products, the manufacturing of component or end products, the processing, cooking or packaging of food products, the cleaning, repair, reconstituting or refurbishing of previously manufactured products, wood processing mill, wood products manufacturing, truck or automobile or heavy equipment body shop or repair garage or sales lot, metal working, reduction, refining or smelting, tire sales or repair or recapping, cement or asphalt batching, aggregate processing, animal slaughtering or meat processing. The secondary retail sale and service of goods shall be permitted only when the sales involve items that are prepared, repaired, assembled or manufactured on the same site.

C. Storage and Distribution. A comprehensive range of storage and distribution uses, such as transit storage, mini-storage, cold storage, warehousing, wholesale distribution, fuel distribution, equipment rental yard, fee parking lot, towing terminal with impound yard, automobile wrecking yard, truck or automobile or equipment parts warehouse (wholesale or retail sales).

D. Support Services. Activities that may be considered support uses to other industrial uses such as a restaurant or café, food catering, convenience store, building maintenance or janitorial service, automobile or truck gas station, consultant or professional service office (engineers, scientists, quality assurance labs, etc.).

E. One On-Site Dwelling. A manufactured dwelling or quarters may be placed or developed for a caretaker or night watchman when all of the following requirements are met:

1. The resident must be an employee of the business (no rent may be charged);

2. The employee status of the resident must be documented at the County’s request;

3. Employee quarters shall strictly comply with the definition for “quarters” contained in JCC 19.11.190 (no variance); and

4. The dwelling must be served by a septic system developed on the same lot or parcel as the industrial use that it serves, or be connected to a community sewer system.

F. Lawfully existing single-family and/or manufactured dwellings (alteration or replacement only, subject to the time limits contained in JCC 19.13.030, Nonconforming structures.

G. Agricultural, farming and farm use as defined by Chapter 19.11 JCC. [Ord. 2016-004 § 1(3); 2005 RLDC § 101.420.]

The following uses, with accessory uses and structures, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), subject to temporary use requirements (Chapter 19.43 JCC). All uses shall meet the applicable development standards listed in JCC 19.101D.040. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.

A. Mass gatherings;

B. Temporary storage of an unoccupied manufactured dwelling. [2005 RLDC § 101.440.]

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

A. Permit Review Requirements.

1. Basic review provisions – Chapter 19.20 JCC.

2. Pre-application review – Chapter 19.21 JCC.

3. Permit review procedures – Chapter 19.22 JCC.

4. Basic application requirements – Chapter 19.40 JCC.

5. Administration of permits – Chapter 19.41 JCC.

6. Site plan review – Chapter 19.42 JCC.

7. Temporary uses – Chapter 19.43 JCC.

8. Variances – Chapter 19.44 JCC.

9. Conditional uses – Chapter 19.45 JCC.

B. Property Development Standards.

1. Minimum lot size – One-half acre.

2. Lot dimensions – See Chapter 19.71 JCC.

3. Building size, accessory heights, setbacks and yard dimensions shall conform to the provisions of Chapter 19.72 JCC, except:

a. Maximum building size for small-scale, low impact uses shall be 40,000 square feet (space approved for an operator, caretaker or night watchman shall not be counted against the building size limitation).

b. There shall be no building size limit for the following other uses:

[1] Expansion of uses existing as of October 28, 1994;

[2] Uses requiring proximity to a rural resource as defined in OAR 660-004-022(3)(a);

[3] New uses that will not exceed the capacity of water and sewer service available to the site as of October 28, 1994;

[4] New uses where the site itself has capacity to provide water and absorb sewage;

[5] New uses that are necessary to provide employment that does not exceed the total projected work force within the MNVC and surrounding areas (for specific requirements see OAR 660-022-0030(3)(f)); and

[6] New uses, sited on an abandoned or diminished industrial mill site that was engaged in the processing or manufacturing of wood products, provided the uses will be located only on the portion of the mill site that was zoned for industrial uses on October 28, 1994.

c. Maximum structure height – 35 feet or two and one-half stories, whichever is less.

d. Minimum setback from property lines – Front: 20 feet; rear: 10 feet; side: 10 feet.

4. Special Development Requirements.

a. Land Divisions, Site Development, and Development of Nonconforming Lots or Parcels. As a condition of final approval, the owner shall:

[1] Obtain a site approval for a subsurface sewage disposal system from the Oregon Department of Environmental Quality within each newly configured lot or developed site, or connect to a community sewer system; and

[2] The requirements of Chapter 19.84 JCC (Water Standards) shall apply to new land divisions creating parcels two acres or smaller, and to developments requiring site plan review that require more than 1,600 gallons per day of groundwater. This requirement shall apply to all land divisions even though JCC 19.84.020(A) and (B) specify a one-acre threshold. The Water Resources Director or the Planning Director shall administer the requirements of Chapter 19.84 JCC. This requirement shall not apply if the water source is a community water system or the City of Grants Pass.

b. Merger of Nonconforming Lots or Parcels. When one or more nonconforming lots or parcels are involved in a single development, the nonconforming lots or parcels shall be merged with each other, and with other conforming lots or parcels also involved in the development, by property line adjustment or replat to the extent needed to achieve conformity or the least nonconformity possible. In addition, no variance to any setback standard shall be authorized to support development of nonconforming lots or parcels.

c. Water Service Agreement. Users receiving water service from the City of Grants Pass shall execute the documents required by the City for the provision of such service. The County shall assure performance of this requirement prior to final land use approval.

d. Transportation Facilities. New industrial uses shall not cause the use of transportation facilities to exceed capacities as specified in the County’s transportation plan. In addition, a traffic assessment by a qualified Oregon registered engineer shall be required for any new or expanded industrial use that generates more than 25 peak hour trips that are reasonably expected to impact the Louse Creek freeway interchange. Trip generation calculations shall be based on the most recent edition of the Institute of Transportation Engineer’s Trip Generation Manual. The traffic assessment shall determine the consistency of the use with the identified function, capacity and performance standards of the Louse Creek freeway interchange. The use may be limited or altered by conditions in the permit approval so that consistency is achieved, or denied if consistency cannot be achieved.

5. Access and transportation – See Chapter 19.81 JCC.

6. Aggregate overlay – See Chapters 19.69F and 19.91 JCC.

7. Airport overlay – See Chapter 19.69D JCC.

8. Archaeological resources – See Chapter 19.93 JCC.

9. Erosion, sediment control and storm drain facilities – See Chapter 19.83 JCC.

10. Fences, walls and screens – See Chapter 19.73 JCC.

11. Flood hazard overlay – See Chapter 19.69A JCC.

12. Historic resources – See Chapter 19.94 JCC.

13. Mineral and aggregate overlay – See Chapter 19.69F JCC.

14. Parks and playgrounds – See Chapter 19.98 JCC.

15. Signs – See Chapter 19.74 JCC.

16. Solid waste – See Chapter 19.86 JCC.

17. Stream setbacks – See Chapter 19.72 JCC.

18. Utilities – See Chapter 19.85 JCC.

19. Water hazard overlay – See Chapter 19.69E JCC.

20. Water standards – See Chapter 19.84 JCC.

21. Wild and scenic rivers overlay – See Chapter 19.69C JCC. [2005 RLDC § 101.450.]

This chapter is adopted to implement ORS 836.600 through 836.630 and policies of the comprehensive plan as they relate to the Grants Pass airport. It permits the airport’s continued operation and vitality consistent with state law by allowing certain compatible airport related commercial and recreational uses. It also includes safety standards to promote air navigational safety and to reduce the potential for safety hazards for property and for persons living, working or recreating on lands near the airport. [Ord. 2011-004 § 1; 2005 RLDC § 101.510.]

This special use zoning district is limited to the Grants Pass airport and its safety overlay zones. The boundaries of the overlay shall be designated on the official zoning maps for Josephine County. The boundaries of safety overlay zones radiate from points at the ends of the airport’s primary surface as described in OAR 660-013-0070(1)(a) and Exhibits 1 and 4 that accompany that rule.

A. In any zone where an airport overlay is combined with a primary zone and any conflict in regulations or procedure occurs between the zone and the overlay, the most restrictive shall govern.

B. Height and land use limitations shall be imposed within the overlay and shall be consistent with the requirements of the Federal Aviation Administration (FAA), the Oregon Department of Aviation (ODA), and the Josephine County airport master plan. [Ord. 2011-004 § 1; 2005 RLDC § 101.520.]

The following use restrictions shall apply within the areas designated as airport overlay on the official zoning map:

A. Runway Protection Zone. Only the following uses are permitted:

1. Agriculture, excluding the commercial raising of animals which would be adversely affected by aircraft passing overhead;

2. Airports and heliports, subject to the approval of a master plan by the Board of County Commissioners, providing that FAA permits have been obtained, and lines, towers, structures or poles do not penetrate the airspace of a clear zone approach or transitional surface of an airport;

3. Landscape nursery, cemetery, or recreation areas which do not include buildings or structures;

4. Pipeline;

5. Roadways, parking areas, and storage yards, while allowed, shall not be located so that the lighting will make it difficult for pilots to distinguish between landing lights and other lights, result in glare, or in any other way impair visibility in the vicinity of the landing approach;

6. Underground utility line.

B. Airport Overlay Zone. Any use listed in the primary zone, subject to the requirements of this chapter, may be permitted. [Ord. 2011-004 § 1; 2005 RLDC § 101.525.]

“Aircraft” means any contrivance used or designed for navigation of or flight in the air, but does not mean a one-person glider that is launched from the earth’s surface solely by the operator’s power.

“Airport” means an area of land used for taking off and landing aircraft, together with all adjacent land used in connection with the aircraft landing or taking off from the strip of land, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

“Airport Hazard” means any structure, object of natural growth, or use of land, that obstructs airspace required for the flight of aircraft in landing or taking off at an airport, or is otherwise hazardous to such landing or taking off.

“Airport Sponsor” means the owner, manager, or other person or entity designated to represent the interests of an airport.

“Approach Surface” means a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

1. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of 2,000 feet.

2. The approach surface extends for a horizontal distance of 10,000 feet at a slope of 34 feet outward for each foot upward for all nonprecision instrument runways, other than utility.

3. The outer width of an approach surface will be that width prescribed in this section for the most precise approach existing or planned for that runway end.

“Conical Surface” means a surface extending outward and upward from the horizontal surface at a slope of 20:1 (one foot change in elevation for each 20 feet in distance from the starting point) for a horizontal distance of 4,000 feet.

“Department of Aviation” means the State of Oregon Department of Aviation.

“FAA” means the Federal Aviation Administration.

“Heliport” means an area of land, water, or structure designated for the landing and takeoff of helicopters or other rotorcraft. The heliport overlay zone applies to the following imaginary surfaces. The heliport approach surfaces begin at each end of the heliport primary surface and have the same width as the primary surface. They extend outward and upward for a horizontal distance of 4,000 feet where their width is 500 feet. The slope of the approach surfaces is 8:1 for civilian heliports and 10:1 for military heliports. The heliport primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. The heliport primary surface is a horizontal plane at the established heliport elevation. The heliport transitional surfaces extend outward and upward from the lateral boundaries of the heliport primary surface and from the approach surfaces at a slope of 2:1 for a distance of 250 feet measured horizontally from the centerline of the primary and approach surfaces.

“Horizontal Surface” means a flat, elliptical surface at an elevation 150 feet above the established airport elevation. The extent of the horizontal surface is determined by swinging arcs of a 10,000-foot radius from the center of each end of the primary surface.

“Nonprecision Instrument Runway” means runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach has been approved, or planned, and for which no precision approach facilities are planned or indicated on an FAA-approved airport layout plan or other FAA planning document.

“Other than Utility Runway” means a runway that is constructed for and intended to be used by turbine-driven aircraft or by propeller-driven aircraft exceeding 12,500 pounds gross weight.

“Primary Surface” is rectangular, centered on the runway, extends 300 feet beyond each end of the runway, and has a width that varies according to airport-specific criteria. The elevation of the primary surface corresponds to the elevation of the nearest point of the runway centerline. The width of the primary surface is 500 feet.

“Public Assembly Facility” means a permanent or temporary structure or facility, place or activity where concentrations of people gather in reasonably close quarters for purposes such as deliberation, education, worship, shopping, employment, entertainment, recreation, sporting events, or similar activities. Public assembly facilities include, but are not limited to, schools, churches, conference or convention facilities, employment and shopping centers, arenas, athletic fields, stadiums, clubhouses, museums, and similar facilities and places, but do not include parks, golf courses or similar facilities unless used in a manner where people are concentrated in reasonably close quarters. Public assembly facilities also do not include air shows, structures or uses approved by the FAA in an adopted airport master plan, or places where people congregate for short periods of time such as parking lots or bus stops.

“Runway Protection Zone (RPZ)” means an area off the runway end used to enhance the protection of people and property on the ground. The RPZ is trapezoidal in shape and centered about the extended runway centerline. The inner width of the RPZ is the same as the width of the primary surface. The outer width of the RPZ is a function of the type of aircraft and specified approach visibility minimum associated with the runway end. The RPZ extends from each end of the primary surface for a horizontal distance of 1,700 feet. A subset of the airport approach surface.

“Transitional Surface” means a sloping 7:1 surface that extends outward and upward at right angles to the runway centerline from the sides of the primary surface and the approach surfaces.

“Utility Runway” means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.

“Water Impoundment” includes wastewater treatment settling ponds, surface mining ponds, detention and retention ponds, artificial lakes and ponds, and similar water features. A new water impoundment includes an expansion of an existing water impoundment except where such expansion was previously authorized by land use action approved prior to the effective date of the ordinance codified in this chapter. [Ord. 2011-004 § 1; 2005 RLDC § 101.530.]

The following uses and activities are permitted outright in the public use airport special use zoning district. They are described in fuller detail in OAR 660-013-0100.

A. Customary and usual aviation-related activities, including but not limited to takeoffs and landings; aircraft hangars and tie-downs; construction and maintenance of airport facilities; fixed-base operator facilities and other activities incidental to the normal operation of an airport.

B. Air passenger and air freight services and facilities, at levels consistent with the classification and needs identified in the Oregon Department of Aviation airport system plan.

C. Emergency medical flight services.

D. Law enforcement, military, and firefighting activities.

E. Flight instruction.

F. Aircraft service, maintenance and training.

G. Aircraft rental.

H. Aircraft sales and the sale of aeronautic equipment and supplies.

I. Crop dusting services and other agricultural activities.

J. Aviation recreational and sporting activities, including activities, facilities and accessory structures at airports that support recreational use of aircraft and sporting activities that require the use of aircraft or other devices used and intended for use in flight. Such activities shall be subject to the approval of the airport sponsor. [Ord. 2011-004 § 1; 2005 RLDC § 101.535.]

The uses listed as conditional uses within the primary zone shall be subject to JCC 19.101E.030, 19.101E.090, and 19.101E.110, in addition to the requirements of the primary zone. [Ord. 2011-004 § 1; 2005 RLDC § 101.540.]

The airport elevation, the airport noise impact boundary, and the location and dimensions of the runway, primary surface, runway protection zone, approach surface, horizontal surface, conical surface and transitional surface, direct and secondary impact boundaries shall be delineated and shall be made part of the official zoning map. All lands, waters and airspace, or portions thereof, that are located within these boundaries or surfaces shall be subject to the requirements of this zone. [Ord. 2011-004 § 1; 2005 RLDC § 101.545.]

Except as otherwise provided herein, the County Planning Department shall provide written notice of applications for land use or limited land use decisions, including comprehensive plan or zoning amendments, in an area within the largest of these safety zones, to the airport sponsor and the Department of Aviation in the same manner as notice is provided to property owners entitled by law to written notice of land use or limited land use applications.

A. Notice shall be provided to the airport sponsor and the Department of Aviation when the property, or a portion thereof, that is subject to the land use or limited land use application is located within 10,000 feet of the sides or ends of the runway.

B. Notice of land use and limited land use applications shall be provided within the following timelines:

1. Notice of land use or limited land use applications involving public hearings shall be provided prior to the public hearing at the same time that written notice of such applications is provided to property owners entitled to such notice.

2. Notice of land use or limited land use applications not involving public hearings shall be provided at least 20 days prior to the initial decision on the land use or limited land use application.

C. Notice of the decision on the land use or limited land use application shall be provided to the airport sponsor within the same timelines that notice is provided to parties to the proceeding.

D. Notices required under subsections (A) through (C) of this section need not be provided to the airport sponsor or the Department of Aviation where the land use or limited land use application meets all of the following criteria:

1. Restricts structures to a height of less than 35 feet (“Height of Building” is defined in JCC 19.11.100);

2. Involves property located entirely outside the approach surface;

3. Does not involve industrial uses, mining or similar uses that emit smoke, dust or steam; sanitary landfills or water impoundments; or radio, radiotelephone, television or similar transmission facilities or electrical transmission lines; and

4. Does not involve wetland mitigation, creation, enhancement or restoration. [Ord. 2011-004 § 1; 2005 RLDC § 101.550.]

A. The allowable height of any building, structure, or tree within the airport overlay shall conform to the following: the ground level elevation above sea level plus the height of any structure, building, use, or tree at its proposed elevation shall not penetrate any approach, transitional, horizontal, or conical surface of airport as indicated on the Josephine County airport master plan and/or County document, unless specifically allowed by the FAA and Josephine County as part of a conditional use permit.

B. Height exceptions or variances may be permitted when supported in writing by the airport sponsor, the Department of Aviation and the FAA. Applications for height variances shall be subject to the procedures and standards in Chapter 19.44 JCC, and shall be subject to such conditions and terms as recommended by the Department of Aviation and the FAA. [Ord. 2011-004 § 1; 2005 RLDC § 101.555.]

An applicant seeking a land use or limited land use approval or a building permit in an area within safety overlay zones enacted by this chapter shall provide the following information to the County Planning Department, in addition to any other information required in the permit application:

A. The property development standards in the underlying zone shall apply to all development in this overlay. The standards contained in this chapter shall be in addition to the standards in the underlying zone.

B. If a height variance is requested, letters of support from the airport sponsor, the Department of Aviation and the FAA shall be submitted with the application. [Ord. 2011-004 § 1; 2005 RLDC § 101.560.]

Applications for land use or building permits for properties within the boundaries of these safety overlay zones shall demonstrate that the proposed use will not:

A. Create electrical interference with radio communications between the airport and aircraft;

B. Make it difficult for fliers to distinguish between airport lights and other lights;

C. Result in glare in the eyes of fliers using the airport;

D. Impair visibility in the vicinity of the airport; or

E. Otherwise endanger the landing, taking off, or maneuvering of aircraft. [Ord. 2011-004 § 1; 2005 RLDC § 101.565.]

No new water impoundments of one-quarter acre or larger shall be allowed:

A. Within an approach corridor and within 5,000 feet from the end of a runway; or

B. On land owned by the airport or airport sponsor where the land is necessary for airport operations. [Ord. 2011-004 § 1; 2005 RLDC § 101.570.]

A. These regulations shall not be construed to require the removal, lowering or alteration of any existing structure or vegetation not conforming to these regulations. These regulations shall not require any change in the construction or alteration of the intended use of any structure, the construction or alteration of which was begun or completed prior to the effective date of this safety overlay zone.

B. No land use or limited land use approval or other permit shall be granted that would allow a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of the overlay zone.

[Ord. 2011-004 § 1; 2005 RLDC § 101.575.]