Malheur County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 3
ZONING DISTRICTS AND MAPS
6-3-1: ESTABLISHMENT OF ZONES:
In order to carry out the purpose and provisions of this title, the following land use zones are hereby established for Malheur County:
Land Use Zones
| Abbreviation
| GIS Code
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Land Use Zones
| Abbreviation
| GIS Code
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Resource lands | |||
Exclusive farm use | EFU | C-A1 | |
Exclusive range use | ERU | C-A2 | |
Exclusive farm-forest use | EFFU | C-A3 | |
Rural residential | R-1 | C-RR | |
Rural recreational | R-2 | C-REC | |
Urban growth area | UGA | UGA | |
Rural service center | RSC | C-RSC | |
Commercial | C-1 | C-C1 | |
Light industrial | M-1 | C-I1 | |
Heavy industrial | M-2 | C-I2 | |
Agricultural processing plant industrial | M-3 | C-I3 | |
Park management | PM | C-PM | |
Limited use overlay | LU | C-LU | |
Floodplain management overlay | FP | C-FP | |
Airport approach overlay | AA | C-AA | |
Environmental hazards overlay | EH | C-EH | |
Geothermal development overlay | G | C-G | |
Urban reserve area overlay | URA-overlay | C-URAO | |
Urban reserve area | URA | C-URA | |
Design review overlay | D | C-D | |
(Ord. 183, 10-7-2009)
6-3-2: ZONE LOCATION:
The location and boundaries of the land use zones listed in section 6-3-1 of this chapter are hereby established as delineated on the Malheur County zoning maps. Such boundaries, upon adoption of this title, shall be amended only in accordance with chapter 10 of this title. Any such amendment in boundaries shall be made upon a certified copy or copies of the zoning maps, and any such amendment in boundaries approved in accordance with chapter 10 of this title shall be adopted and by reference incorporated herein and made a part of this title. (Ord. 86, 12-7-1993)
6-3-3: ZONING MAPS:
The originals of the Malheur County zoning maps shall be dated with the effective date of this title and signed by the members of the Malheur County court, and said originals shall be maintained in the office of the Malheur County clerk for as long as this title remains in effect. Boundary amendments shall be made upon a certified copy or copies of the zoning maps in accordance with section 6-3-2 of this chapter and chapter 10 of this title and shall be dated with the date of adoption by the county court and signed by the members of the county court, and such certified maps or copies containing such boundary amendments shall be filed with the office of the county clerk, and such certified maps or copies shall be maintained in the office of the county clerk for as long as this title remains in effect. (Ord. 86, 12-7-1993)
6-3-4: INTERPRETATION OF ZONING BOUNDARIES:
Wherever any uncertainty exists as to the boundary of a zone as shown on the zoning maps, the following regulations shall control:
A. Where a boundary line is indicated as following a street or road, it shall be construed as following the centerline of such street or road.
B. Where a boundary line follows or approximately coincides with a lot or property ownership line, it shall be construed as following such line.
C. Where a boundary line is not indicated as following or approximately coinciding with a street, road, lot line or property ownership line, the boundary line shall be determined by the use of the scale designated on the zoning maps.
D. Where the boundary line of a zone divides a lot in single ownership, the boundary line shall be considered as the lot line for purposes of computing area and setback for uses that are permitted in the less restrictive zone. For uses that are permitted in the more restrictive zone, the ownership lines may be used in applying the area and setback requirements. (Ord. 86, 12-7-1993)
ARTICLE B. RESOURCE LANDS, SECONDARY LANDS OVERLAY ZONE
(To be adopted when State Statute enables)
6-3A-1: PURPOSE:
Resource lands consist of the exclusive farm, ranch and farm-forest use zones and appropriate overlay zones such as for destination resorts and secondary lands. The purpose of the EFU, ERU and EFFU zones is to maintain the resource based economy of Malheur County by permitting the establishment of only those uses that are compatible with agricultural activities. The intent is to ensure that areas classified EFU, ERU or EFFU are preserved and protected from conflicting nonresource uses. (Ord. 86, 12-7-1993)
6-3A-2: PERMITTED USES:
A. The following uses may be permitted outright by ministerial permit in each of the three (3) resource zones except as specifically added or excluded:
1. Farm uses as defined in ORS 215.203(2), including the propagation, cultivation, maintenance and harvesting of aquatic species, excluding feedlots.
2. The propagation or harvesting of a forest product.
3. The dwellings and other buildings customarily provided in conjunction with farm or ranch use, subject to section 6-3A-4 of this article.
4. Subject to section 6-3A-4 of this article, an additional dwelling on real property used for farm or ranch use if the dwelling is:
a. Located on the same lot or parcel as the dwelling of the resource operator; and is
b. Occupied by a relative, which means grandparent, grandchild, parent, child, brother or sister of the farm or ranch operator or operator's spouse, whose assistance in the management of the resource use is or will be required by the operator.
5. Well drilling is a permitted activity, provided permits are obtained as required by state statute and this code. Development of the well for production usage shall be for agricultural or forest purposes only unless additional approval has been granted under section 6-3A-3 of this article.
6. Climbing and passing lanes within the right of way existing as of July 1, 1987.
7. Reconstruction or modification of public roads and highways, not including the addition of travel lanes where no removal or displacement of buildings would occur, or no new land parcels result.
8. Temporary public road and highway detours that will be abandoned and restored to original condition or use at such time as no longer needed.
9. Minor betterment of existing public roads and highway related facilities such as maintenance yards, weigh stations and rest areas, within rights of way existing as of July 1, 1987, and contiguous public owned property utilized to support the operation and maintenance of public roads and highways.
10. A replacement dwelling to be used in conjunction with farm use if the existing dwelling has been listed in a county inventory as historic property as defined in ORS 358.480.
11. Exploration only for geothermal, gravel and mineral deposits.
12. Breeding, boarding and training horses for profit.
13. Seasonal farm worker housing.
14. Utility facilities necessary for public service, including wetland waste treatment systems but not including commercial facilities for the purpose of generating electrical power for public use by sale or transmission towers over two hundred feet (200') in height. A utility facility necessary for public service may be established as provided in ORS 215.275 and section 6-6-8-8, "Wireless Telecommunication Facilities" of this title. (Ord. 86, 12-7-1993; amd. Ord. 146, 4-14-2004)
6-3A-3: CONDITIONAL USES:
The following conditional uses and their accessory uses may be established when authorized in accordance with chapter 6 of this title:
A. Public or private schools.
B. Churches.
C. Commercial utility facilities for the purpose of generating power for public use by sale.
D. A site for the disposal of solid waste approved by the governing body of a city or county or both and for which a permit has been granted under ORS 459.245 by the department of environmental quality together with equipment, facilities or buildings necessary for its operation.
E. Operations conducted for:
1. Exploration for and production of oil and gas as defined by ORS 520.005, including the placement of operation compressors, separators and other customary production equipment for an individual well adjacent to the wellhead.
2. Mining and processing of geothermal resources as defined by ORS 522.005.
3. Mining of aggregate and other mineral resources or other subsurface resources subject to section 6-4-7 of this title.
4. Processing, as defined by ORS 517.750, of aggregate into asphalt or portland cement.
5. Processing of other mineral resources and other subsurface resources.
F. Private parks, playgrounds, hunting and fishing preserves and campgrounds.
G. Parks, playgrounds or community centers owned and operated by a governmental agency or a nonprofit community organization.
H. Golf courses.
I. Personal use airports for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. A "personal use airport" means an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent and occasional basis, by invited guests, and by commercial aviation activities in connection with resource management operations.
J. Commercial activities that are in conjunction with farm or ranch use.
K. The boarding of horses for profit.
L. Home occupations or home businesses as provided in section 6-6-8-6 of this title and ORS 215.448.
M. A facility for the primary processing of forest products; provided, that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one year period, which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in this section, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. "Forest products", as used in this section, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located.
N. Residential homes as defined in ORS 197.660, in existing dwellings.
O. Feedlots.
P. Single-family residential dwellings not provided in conjunction with the respective resource use, except dwellings on parcels partitioned pursuant to section 6-4-4 of this title, which shall be established as authorized in accordance with that section.
Q. The temporary use of a manufactured dwelling during a family hardship condition, where such condition is related to the aged, the infirm, or to persons otherwise incapable of maintaining a completely separate residence apart from their family for health reasons. The zoning permit for such use shall note that it is temporary and subject to renewal annually without additional fee. In the event the hardship no longer exists, the removal of the temporary use shall be required. If the temporary manufactured dwelling is to be connected to an existing sewage system, compliance with applicable rules of the department of environmental quality will be required. Application for a temporary manufactured dwelling shall consist of a letter describing the nature of the hardship and any form required by the planning department.
S. Construction of additional passing travel lanes requiring the acquisition of right of way but not resulting in the creation of new land parcels.
T. Reconstruction or modification of public roads and highways involving the removal or displacement of buildings but not resulting in the creation of new land parcels.
U. Improvement of public roads and highway related facilities such as maintenance yards, weigh stations and rest areas, where additional property or right of way is required but not resulting in the creation of new land parcels.
V. Cemeteries in conjunction with churches.
W. Dog kennels.
X. Transmission towers over two hundred feet (200') in height. (Ord. 86, 12-7-1993; amd. Ord. 101, 4-25-1996; Ord. 146, 4-14-2004; Ord. 147, 4-14-2004; Ord. 184, 10-21-2009)
6-3A-4: APPROVAL OF FARM OR RANCH DWELLINGS:
The resource dwellings identified in subsections 6-3A-2A of this article may be approved subject to a determination that the dwellings are in conjunction with the respective commercial farm or ranch use based on subsection A of this section and subsection 6-3A-5A of this article and that the property and improvements constitute a commercial resource operation based on subsection C of this section.
A. Primary Resource Dwelling Determination: When determining whether a proposed primary dwelling to be permanently located on the property is "customarily provided in conjunction" with the farm or ranch use, the following factors shall be considered:
The size of the entire resource unit including all contiguous land in the same ownership; the types of farm crops and acreage for each type; operational requirements for the particular farm activity; the number of other permanent or temporary dwellings on or serving the entire farm or ranch unit (permanent and seasonal); the extent and nature of the work to be performed by occupants of the proposed dwelling.
B. Farm Hand Or Secondary Resource Dwelling: When determining whether a proposed farm hand or secondary dwelling may be provided, the following criteria shall apply:
An affidavit by the farm owner or operator making it clear the occupant will be an employee shall be signed and submitted.
C. Commercial Resource Determination: When determining whether an existing or proposed parcel is a commercial farm or ranch unit, the standards of subsection A shall be met and the following factors shall be considered:
1. Soil productivity; drainage; terrain; special soil or land conditions; availability of water; type and acreage of crops grown; crop yields; number and type of livestock; processing and marketing practices; and the amount of land needed to constitute a commercial farm or ranch unit.
2. ORS 215.213(1)(g) and 215.283(1)(f) authorize a farm dwelling in an EFU zone only where it is shown that the dwelling will be situated on a parcel currently employed for farm use as defined in ORS 215.203. Land is not in farm use unless the day to day activities on the subject land are principally directed to the farm use of the land. Where land would be principally used for residential purposes rather than for farm use, a proposed dwelling would not be "customarily provided in conjunction with farm use" and could only be approved according to ORS 215.213(3) or 215.283(3).
D. Notice Of Proposed Ministerial Approval: Notice of the proposed ministerial approval of a dwelling in conjunction with farm use shall be mailed to adjoining property owners. Within ten (10) days following notice to adjoining property owners, the application shall be considered for approval by the planning director. An objection by an adjoining property owner shall require any further action to be conducted by the planning commission as a conditional use permit. (Ord. 86, 12-7-1993)
6-3A-5: DIVISION OF LAND:
Subdivisions and planned developments are not consistent with the purpose and intent of this zone and are prohibited. Proposed lot line adjustments and partitions of land in an EFU, ERU or EFFU zone are subject to the provisions of the Malheur County subdivision and partitioning ordinance 1 . In addition, proposed lot line adjustments and partitions shall meet the following requirements:
A. Resource Use: Persons proposing a division of land to create parcels for farm or ranch use shall satisfactorily demonstrate to the planning director in writing photographs, maps, charts, statistics and other easily preserved means of communication that the proposal will conform to the following requirements. Facts and collaborating evidence need to be presented in as concise and accurate a manner as is practical. Failure to bring adequate and convincing facts to bear on this issue will result in no approval being granted.
1. Is the proposed land division consistent with the state legislature's agricultural land policy as established in ORS 215.243 and 215.263(2)? How? Address each issue.
2. Are the proposed parcels appropriate for the continuation of the existing commercial agricultural operations in the area based on the evaluation prescribed in subsection 6-3A-4B? Show substantiation. The evaluation shall include the subject property and commercial agricultural operations located in the same zone within one mile of the subject property.
3. Are the proposed parcels equal or greater in size than the typical commercial agricultural units in the area? Substantiate. Are they appropriate for more intensive commercial agricultural operations such as the growing of nursery stock, greenhouse or hydroponic products, the raising of small fur-bearing animals or poultry in large quantity, drylot dairies or feedlots? If so, submit a management plan for five (5) years and project an outline for the second or following five (5) years. If not, it must be shown that the proposed parcels will support commercial farm practices by being used in conjunction with other farmland in the area. A management plan is also required in this situation.
4. Will the addition and/or proposed location of new structures and other improvements on the property impose serious limitations on accepted farming practices on adjacent lands? How will this problem be avoided?
5. Will the proposed land division materially alter the stability of the overall land use pattern of the area, assuming a principal dwelling may be allowed on the lot? Why not?
C. Financial Partitions:
1. Partitions for financial purposes which are eligible may proceed through foreclosure proceedings after notice to the county planning department. Lien and sales contracts eligible for financial partitioning are those established at the time of sale and purchase of the subject land. Following the 1989 date of adoption of this code, all property used as collateral in conjunction with the sale of property, shall conform to the size, access and other requirements of the county zoning and land division ordinance in effect at the time of the property transaction.
2. Those parcels created by a financial partition shall be disqualified from the farm tax deferral and appropriate back taxes paid up unless one or both meet the criteria of subsection A of this section. (Ord. 86, 12-7-1993)
6-3A-6: DIMENSIONAL STANDARDS:
A. Setbacks: No building or sight obscuring fence, other than a fence or facility associated with irrigation activities, shall be located closer than forty feet (40') from a street or road right of way line and fifteen feet (15') from any other property line. No sight obscuring fence exceeding three feet (3') in height shall be placed within the forty foot (40') street setback, also within this setback shrubbery other than trees shall be maintained at heights not exceeding three feet (3'). Dwellings and inhabitable structures, including associated sewage disposal facilities and removal of vegetation, shall be prohibited within one hundred feet (100') of rivers, streams, lakes, reservoirs and other wetlands, unless topographic features make such setback unnecessary to protect riparian habitat.
B. Lot Area: The criteria in section 6-3A-5 of this article shall be used to determine the appropriate parcel size.
C. Contiguous Ownership: Contiguous lots or parcel of land under the same ownership will be considered as one lot or parcel, except that lots created by subdivisions or partitions approved in accordance with the subdivision ordinance 1 will be considered separate lots, regardless of whether they are under one ownership. (Ord. 86, 12-7-1993)
6-3A-7: CREATION OF MORTGAGE LOTS:
A partitioning of land for the purpose of obtaining financing for farm dwellings and farm support buildings is allowed subject to the provisions of this title and the Malheur County subdivision and partitioning ordinance 1 . The resulting parcel and structure may not be sold separately by the owner from the parent lot from which it was originally partitioned unless allowed by this title and state law. (Ord. 86, 12-7-1993)
6-3C-1: PURPOSE:
The purpose of the R-1 rural residential zone is to provide areas for low density residential development in a rural environment. (Ord. 86, 12-7-1993)
6-3C-2: PERMITTED USES:
The following uses may be permitted outright in an R-1 zone:
A. Single-family residential dwellings (including manufactured dwellings).
B. Farm uses as defined in ORS 215.203(2), excluding feedlots.
C. Any accessory building greater than two hundred (200) square feet in lot coverage area shall have a residential appearance. This includes a wide variety of styles but excludes plain or common galvanized metal buildings which are utilitarian, lacking a combination of the following features to make them appear as residential accessory structures:
1. An appearance which is consistent with or complementary to the dwelling to which it is accessory. This is determined by consideration of roof height, pitch and overhang and by building siding and window styles; or
2. Roof overhangs that appear to be in residential proportions to the height and bulk of the proposed building ranging from one to three (3) or more feet; or
3. Have a mansard or other special roof design with appropriate overhangs.
D. Registered or certified family owned childcare homes operating under provisions of Oregon law.
E. Accessory dwelling unit (ADU) as defined in ORS 215.501; subject to the following:
1. One (1) new ADU, shall be no larger than nine hundred (900) square feet of useable floor area;
2. One (1) single-family dwelling must exist on the lot or parcel;
3. Lot or parcel is at least two (2) acres in size;
4. Shall be no further than one hundred (100) feet from the existing single-family dwelling;
5. The lot or parcel is not located within a designated urban reserve area;
6. The existing single-family dwelling property on the lot or parcel is not subject to an order declaring it a nuisance or subject to any pending actions under ORS 105.550 to ORS 105.560;
7. The ADU shall comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment;
8. ADU shall be served by the same well, water supply source or water supply system as the existing single-family dwelling (ORS 215.495 (5));
9. If the water supply source for the ADU or associated lands or gardens will be a well using water under ORS 537.545 (1) (b) or (d), no portion of the lot or parcel is within an area in which new or existing ground water uses under ORS 537.545 (1) (b) or (d) have been restricted by the water resources commission;
10. No portion of the lot or parcel is within a designated area of critical state concern;
11. The lot or parcel is served by a fire protection service provider with professionals who have received training or certification described in ORS 181A.410; and
12. The ADU must meet all setbacks in the R-1 Zone and setbacks from the well as required by the water resources commission or water resources department.
13. Must comply with all fire and specialty structural code laws if the ADU is on the statewide wildfire hazard map.
14. A historic home as defined in ORS 215.501 may be converted to an ADU upon construction of a new single-family dwelling as long as: (i) the ADU complies with this section, (ii) the ADU is not altered, renovated or remodeled to more than one hundred twenty (120) percent of the historic home’s square footage at the time of construction of the new single family dwelling, (iii) the ADU may not be rebuilt if lost by fire and (iv) the ADU and the new single family dwelling must be served by the same water source.
15. Other Restrictions And Standards For An ADU:
a. An ADU may not be used for vacation occupancy or a commercial rental.
b. An accessory building (i.e. garage or outbuilding) to the ADU is not permitted.
c. No subdivision, partition or any other reconfiguration of the lot or parcel may be allowed which would situate the existing single-family dwelling on a different lot or parcel than the ADU.
d. A second ADU shall not be permitted on any lot or parcel.
e. An ADU must be a detached dwelling. Garage conversions or attached ADUs are prohibited. (Ord. 86, 12-7-1993; amd. Ord. 147, 4-14-2004; Ord. 184, 10-21-2009; Ord. 237, 7-9-2025)
6-3C-3: CONDITIONAL USES:
The following uses and their accessory uses may be established when authorized in accordance with chapter 6 of this title:
A. Residential subdivisions.
B. Manufactured dwelling parks.
C. Duplexes and multi-family dwellings.
D. Cemeteries.
E. Public or private schools.
F. Churches.
G. Repealed.
H. Daycare centers.
I. Golf courses.
J. Grange halls or community centers.
K. Governmental structures and uses.
L. Kennels or boarding stables.
M. Repealed.
N. The temporary use of a manufactured dwelling during a family hardship condition, where such condition is related to the aged, the infirm, or to persons otherwise incapable of maintaining a completely separate residence apart from their family. The zoning permit for such use shall note that it is temporary and subject to renewal annually. In the event the hardship no longer exists, the removal of the temporary use shall be required. If the temporary manufactured dwelling is to be connected to an existing sewage system, compliance with applicable rules of the department of environmental quality will be required. Application for a temporary manufactured dwelling shall consist of a letter describing the nature of the hardship and any form required by the planning department.
O. Operations conducted for the exploration, mining and processing of geothermal resources as defined by ORS 522.005 or exploration, mining and processing of aggregate and other mineral resources or other subsurface resources. (Ord. 86, 12-7-1993; amd. Ord. 146, 4-14-2004; Ord. 147, 4-14-2004; Ord. 184, 10-21-2009)
6-3C-4: DIMENSIONAL STANDARDS:
The following dimensional standards shall apply:
A. Lot Area: The minimum lot area shall be a nominal one acre or a larger area determined to be in compliance with the applicable department of environmental quality rules and regulations regarding sewage disposal and water supplies, provided that:
1. All septic tanks, drainfields and wells shall be located on the same lot with the facility that is being served.
2. A department of environmental quality evaluation report from the authorized department representative shall be required.
B. Setbacks: No building or sight obscuring fence, other than a fence or facility associated with irrigation activities, shall be closer than forty feet (40') from a street or road right of way line, fifteen feet (15') from any other property line, twenty feet (20') from any major irrigation canal right of way. No sight obscuring fence exceeding three feet (3') in height shall be placed within the forty foot (40') street setback, also within this setback, shrubbery other than trees shall be maintained at heights not exceeding three feet (3'). (Ord. 86, 12-7-1993)
C. Residential Density Limitation: The maximum development density of residential dwellings (single-family, duplex, multi-family and manufactured dwelling) permitted in any of the rural residential exception areas identified in the plan shall not exceed one dwelling unit for each one acre of residentially developed/developable land within the ownership. Detached single-family dwellings shall be on individual, legally created lots or parcels or may be part of a condominium development. (Ord. 147, 4-14-2004)
Notwithstanding the average density limitation set forth above, undeveloped lots and parcels legally created prior to June 1, 1984, including lots in recorded subdivisions, shall retain the right to one residential dwelling unit, provided the lot or parcel complies with the site development standards of subsections A and B of this section. (Ord. 86, 12-7-1993)
6-3D-1: PURPOSE:
The R-2 rural recreation zone is designed to provide areas of public recreational value that take advantage of forest, water and other leisure opportunities, and are compatible with adjoining agricultural land uses. Allowed recreational uses shall encourage the preservation of the value and natural attractiveness of such areas. This article allows the planning commission to attach special conditions to certain uses, as delineated in section 6-3C-3 of this chapter, that have a potentially detrimental effect on neighboring lands. (Ord. 86, 12-7-1993)
6-3D-2: PERMITTED USES:
The following uses may be permitted outright in an R-2 zone:
A. Any use permitted in an EFU, EFFU or ERU zone, excluding feedlots.
B. Open land recreational facilities, both for profit and nonprofit, including, but not limited to, boating, fishing and hunting facilities, camping and picnicking facilities, riding stables and dude ranching.
C. Resort type residential establishments, both for profit and nonprofit, associated with or contributing to the accessibility of open land recreational facilities. (Ord. 86, 12-7-1993)
6-3D-3: CONDITIONAL USES:
The following conditional uses and their accessory uses may be established when authorized in accordance with chapter 6 of this title:
A. All conditional uses permitted in an EFU, EFFU or ERU zone, and the R-1 zone.
B. Dwellings, single-family or multi-family, designed or associated with and contributing to the accessibility of open land recreational facilities so long as such dwellings do not detract from general use or accessibility to such recreational facilities. (Ord. 86, 12-7-1993)
6-3D-4: DIMENSIONAL STANDARDS:
The following dimensional standards shall apply:
A. Lot Area: The minimum lot area shall be a nominal one acre or a larger area determined to be in compliance with the applicable department of environmental quality rules and regulations regarding sewage disposal and water supplies, provided that:
1. All septic tanks, drainfields and wells shall be located on the same lot with the facility that is being served.
2. A department of environmental quality evaluation report from the authorized department representative shall be required.
B. Setbacks: No building or sight obscuring fence, other than a fence or facility associated with irrigation activities, shall be closer than forty feet (40') from a street or road right of way line, fifteen feet (15') from any other property line, twenty feet (20') from any major irrigation canal right of way. No sight obscuring fence exceeding three feet (3') in height shall be placed within the forty foot (40') street setback, also within this setback, shrubbery other than trees shall be maintained at heights not exceeding three feet (3'). (Ord. 86, 12-7-1993)
C. Residential Density Limitation: The maximum development density of residential dwellings (single-family, duplex, multi-family and manufactured dwelling) permitted in any of the rural residential exception areas identified in the plan shall not exceed one dwelling unit for each one acre of residentially developed/developable land within the ownership. Detached single-family dwellings shall be on individual, legally created lots or parcels or may be part of a condominium development. (Ord. 147, 4-14-2004)
6-3E-1: PURPOSE:
The urban growth area zone (UGA) is designed for those lands designated as urban growth areas in the comprehensive plans for the incorporated cities in Malheur County. The UGA zone is intended to identify the unincorporated areas within each city's urban growth area and to provide for joint review and consideration of land use concerns by Malheur County and the city involved in order to ensure land use activities on the urban fringe conform to orderly growth and extension of city services, facilities and land use patterns. The UGA zone implements the provisions of the growth management agreements that the county has entered into with each of the cities. (Ord. 86, 12-7-1993; amd. Ord. 167, 10-24-2007)
6-3E-2: PERMITTED USES:
Uses permitted outright and conditionally, within the UGA of each city shall be those uses stipulated for the areas in question and set forth in the particular city's comprehensive plan and zoning ordinance and as provided for in the growth management agreement, adopted by county ordinance. (Ord. 86, 12-7-1993; amd. Ord. 167, 10-24-2007)
6-3E-3: LOT AREA AND SITE DEVELOPMENT STANDARDS:
Lot area, dimensions, building heights, lot coverage, off street parking and loading areas, yard requirements and other site development standards shall be enforced as established in the particular city's plan and ordinances and as provided for in the growth management agreement adopted by county ordinance. (Ord. 86, 12-7-1993; amd. Ord. 167, 10-24-2007)
6-3E-4: APPLICATION FILING AND REVIEW PROCEDURES:
Applications for permits within the UGA of a particular city shall be filed and reviewed in the manner set forth in the growth management agreement established between the county and the city and as adopted by county ordinance. The county court or its designee shall retain final authority for the approval, disapproval or conditional approval of permit requests. (Ord. 86, 12-7-1993; amd. Ord. 167, 10-24-2007)
6-3E-5: ADOPTION OF GROWTH MANAGEMENT AGREEMENTS:
The county shall enter into a growth management agreement with each of the incorporated cities in Malheur County and shall adopt said agreements by county ordinance. The agreements shall be adopted as part of this title by reference. (Ord. 86, 12-7-1993; amd. Ord. 167, 10-24-2007)
6-3E-5-1: GROWTH MANAGEMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND MALHEUR COUNTY:
A. Purpose Of Agreement: The purpose of this agreement is to establish joint, cooperative procedures between the city and the county in the adoption of and administration of the Ontario urban growth boundary (UGB) and the Ontario urban reserve area (URA). For the purposes of this agreement, the "Ontario urban growth area (UGA)" shall be defined as the unincorporated area within the Ontario UGB, and the "Ontario urban reserve area (URA)" shall be the unincorporated area between the UGB and the URA boundary. The city's and the county's comprehensive plans for the UGA and URA are incorporated in this agreement by reference.
1. The city of Ontario's comprehensive plan (city plan), urban growth boundary and urban area land use designations map, and development regulations, in conjunction with this agreement, shall establish the standards and procedures for review and action on all land use decisions and other related matters which pertain to implementing the city plan within the UGA. The city shall have lead authority in amending the city plan, including UGB amendments.
2. The county shall have lead authority to implement and administer the city plan within the UGA and URA. The county adopts, and incorporates by reference, the current (current as of the date of this agreement) city plan, as it applies to the UGA, and the current urban area land use designations map and implementing development regulations.
3. The land use designations shown on the city urban reserve area land use designations map are conceptual only and shall not apply until land is added to the city UGB. During the interim period, county rural land use designations and zoning shall apply.
4. All actions as specified by this agreement shall be taken to assure that the city and county comprehensive plans remain consistent and coordinated with each other.
5. This agreement replaces all prior urban growth area joint management agreements between the city and the county.
B. Definitions: As used in this agreement, unless the context shall otherwise require, the singular shall include the plural and the masculine shall include the feminine and neuter. The following words and phrases shall mean:
ANNEXATION: An act commenced by a city through a public hearing, the intent of which is to incorporate additional land into the legal boundaries of the city.
CITY: The city of Ontario, Oregon.
CITY COUNCIL: The duly elected governing body for the city of Ontario, Oregon.
COUNTY: The county of Malheur, Oregon.
COUNTY COURT: The duly elected governing body for Malheur County, Oregon.
FINAL DECISION: The last scheduled decision making action of the jurisdiction with authority for the type of action.
JOINT POLICY REVIEW COMMITTEE (JPRC): An intergovernmental committee of city and county planning commissioners that reviews and advises governing bodies on the application of city policies and standards.
JOINT TECHNICAL REVIEW COMMITTEE (JTRC): An intergovernmental committee of staff members from the city and county planning and public works departments and other appropriate agencies that provides for staff level coordination on urban growth matters.
LAND USE ACTION: A decision regarding the use or development of land including, but not limited to, partitions, subdivisions, zone changes, variances, conditional uses, and zoning permits that is subject to the applicable county or city comprehensive plan and implementing ordinances.
PUBLIC FACILITIES: Projects, activities, and facilities which are determined to be necessary for the public health, safety, and welfare.
URBAN GROWTH AREA (UGA): The unincorporated land outside the city limits but enclosed by the urban growth boundary.
URBAN GROWTH BOUNDARY (UGB): The defined boundary of the city's growth and development area encompassing the land deemed needed to support that growth and development during the planning period.
URBAN RESERVE AREAS: Lands outside of the urban growth boundary identified as the highest priority for inclusion in the urban growth area when additional urbanizable land is needed.
C. UGA And URA Administration: The city shall administer all lands within its corporate limits. The county shall retain responsibility for administration of all unincorporated lands inside the UGB and URA.
D. Land Use Designations And Development Standards:
1. The land use designations as shown on the city's urban growth boundary and urban area land use designations map shall control growth and development in the UGA. The land use designations shown on the county's comprehensive plan map shall control growth and development in the URA.
2. All uses and development of land in the UGA shall comply with the appropriate substantive provisions of the city plan and development regulations including applicable standards for water and sewer facilities, streets, and other required improvements as specified by the city regulations. All uses and development of land in rural residential portions of the URA shall comply with the appropriate substantive provisions of the URA overlay zone and development regulations including the location of streets and public facilities as shown on the city "streets and public facilities master plan".
E. Roles And Responsibilities:
1. The county shall have full decision making authority to review all land use permits in the UGA and URA. The city shall have automatic standing to appeal any county decision in the UGA and URA.
2. The city shall have full decision making authority for all comprehensive plan amendments, zone changes, changes to development regulations that apply in the UGA or the designation of urban reserve areas. The county shall have automatic standing to appeal any city decision affecting the UGA.
3. The city and county shall have joint decision making authority for amendments to the UGB or URA.
4. A joint technical review committee (JTRC) shall be established by the city and the county to coordinate land use decisions in the UGA and URA.
a. At a minimum, the JTRC will consist of representatives from the planning and public works staffs of the city and the county. In addition, other representatives may participate as appropriate, including, but not limited to, the county sanitarian, county assessor, public safety officials, economic development officials and representatives from special districts such as school districts or irrigation districts. The chair of individual meetings shall be the planning director from the jurisdiction with lead authority for the issues under review.
b. The JTRC shall review all land use applications prior to the preparation of a staff report or administrative decision. The purpose of this review is to identify and agree on applicable policies and development standards and specific issues to be addressed by the applicant. This review may occur prior to the submission of an application, similar to a preapplication conference.
c. If no JTRC meetings are held during a three (3) month period, then the JTRC shall meet to discuss general urban growth issues and to maintain communications between the jurisdictions.
d. The JTRC shall oversee the preparation and maintenance of a development review handbook which will identify all of the applicable comprehensive plan policies, zoning requirements, development regulations, public facility requirements and urban service standards that are pertinent to land use decisions in the UGA.
5. A joint policy review committee (JPRC) shall serve as an advisory board to address urban growth policy matters between the city and the county.
a. The JPRC shall be a standing committee composed of three (3) members each from the city and county planning commissions, appointed by either the mayor or county judge, respectively. Members shall serve on the JPRC for the length of their terms on their respective planning commissions. The chair of the committee shall be elected by the members of the committee.
b. The JPRC shall meet on an "as needed" basis. A quorum shall consist of four (4) members, with at least two (2) members from each jurisdiction.
c. The JPRC shall act in an advisory capacity only. The JPRC may review policy issues related to land use decisions of a planning commission prior to a hearing by the appropriate governing body. A JPRC review may be initiated by the mayor or the county judge. Such a review must be based on one of the following standards:
(1) The county planning commission's decision has improperly applied the city plan policies or development standards.
(2) The city planning commission's decision does not comply with the applicable statewide planning goals, administrative rules, or state law.
d. A JPRC review shall be based on the record of the planning commission decision and shall focus on the application of city standards and policies and compliance with the statewide planning goals or state law. No new or additional testimony may be added as part of the JPRC review.
e. The JPRC shall make its own recommendations and findings, which shall be forwarded to the city and county prior to the hearing by the appropriate governing body.
f. JPRC review shall not limit the right of any aggrieved party to an appeal.
F. County Administrative Decisions: In the UGA and URA, permits requiring administrative review (i.e., require no public hearing and/or notice to adjacent landowners) shall be reviewed as follows:
1. The county shall send notice of the permit application to the city within five (5) working days of the date that the application is filed with the county planning department. The county shall refer the permit application to the JTRC for review before issuing a tentative decision pursuant to county review procedures.
2. After JTRC review, the county shall issue a tentative decision pursuant to county procedures and provide the applicant and the city a copy of that tentative decision within three (3) working days of the decision. The tentative decision of the county shall not become final for ten (10) working days from the date of the tentative decision to provide the city an opportunity to informally resolve any disputes. The final decision shall reflect any changes agreed to by the city, the county and the applicant. If an informal agreement is not reached within ten (10) working days, the tentative decision shall become final.
3. The final decision of the county may be appealed pursuant to county procedures. If appealed, a review by the JPRC may be requested prior to the hearing before the planning commission and/or the county court.
4. In the event of an appeal, a JPRC review may be conducted as provided for in subsection E5 of this section. Notice of the county's final decision shall be sent to the city within three (3) working days of the date of the final decision. The county's final decision is appealable according to state law.
G. County Discretionary Decisions: In the UGA and URA, permits requiring discretionary review (i.e., requires a public hearing and/or notice to adjacent landowners) shall be reviewed as follows:
1. The county shall forward a copy of the application to the city within five (5) working days of the date the application is filed with the county. A JTRC meeting shall be scheduled prior to the preparation of the county staff report to the county planning commission. The city may provide additional written comments or verbal testimony prior to the closing of the public record.
2. In making its decision the county planning commission shall consider and is obligated to respond to all comments submitted by the city with regard to the application. Notice of the county planning commission's decision shall be provided to the city within three (3) working days of the date of the final decision. The decision may be appealed to the county court pursuant to county procedures.
3. In the event of an appeal, a JPRC review may be requested as provided for in subsection E5 of this section. Notice of the county's final decision shall be sent to the city within three (3) working days of the date of the final decision. The county's final decision is appealable according to state law.
H. City Land Use Decisions: Comprehensive plan amendments, including UGB and URA amendments and plan map changes, or changes to development regulations that affect the UGA or URA, may be initiated by the city, or by an application from the county or a property owner and shall be reviewed as follows:
1. The initial application shall be filed with the city. A copy of the application shall be forwarded to the county within five (5) working days of the date the application is filed with the city. A JTRC meeting shall be scheduled prior to the preparation of the city staff report to the city planning commission to discuss relevant issues or policies. The county may provide additional written comments or verbal testimony prior to the closing of the public record.
2. The city planning commission shall review the amendment in a public hearing. In making its decision the city planning commission shall consider, and is obligated to respond to all comments submitted by the county with regard to the application. Notice of the decision shall be provided to the county within three (3) working days of the city planning commission decision.
3. Within ten (10) working days of a decision by the city planning commission, a review by the JPRC may be requested. The JPRC shall conduct a review and submit its findings prior to a hearing before the city council.
4. In the event the city approves the requested amendment, the final decision of the city, along with a copy of the findings and record to support that decision, shall be forwarded to the county within three (3) working days of the date of the final decision for county adoption. The county review shall be based on the record of the city's decision.
5. Notice of the county planning commission decision shall be forwarded to the city within three (3) working days of the date of the final decision. Within ten (10) working days of a decision by the county planning commission, the city may request a review by the JPRC to resolve any differences between the city's final decision and the county planning commission's decision.
6. The JPRC shall conduct a review and submit its recommendations and findings prior to a hearing before the county court. Notice of the county court decision shall be forwarded to the city within three (3) working days of the date of the final decision. The final decision of the county court is appealable in the manner prescribed by state law.
7. A comprehensive plan amendment shall not be effective until such time as the county adopts the city's plan amendment as an amendment to the county comprehensive plan and plan map.
I. Annexations: The city shall have lead authority to review all annexation requests which shall be reviewed as follows:
1. All land within the UGB may be subject to future annexation; however, establishment of a UGB does not imply that all land within the boundary will be annexed.
2. Land may be annexed to the city according to methods allowed by state law. Annexation proposals must meet the following standards:
a. The land is within the UGB.
b. The development of the property is compatible with the extension of urban services to the surrounding areas.
c. The city is capable of providing and maintaining a full range of urban services to the property without negatively impacting existing systems and the city's ability to adequately serve all areas within the existing city limits.
3. The city may enter into agreements to extend urban services prior to annexation in exchange for consent to annexation at a later date, in accordance with state law.
4. Requests for annexation to the city of areas outside the UGB shall not be considered until such time as the UGB is amended to include the subject land. Once the boundary has been amended, the annexation application can be processed.
5. The annexation application shall be forwarded to the county within five (5) working days of the date the application is filed with the city. A JTRC meeting shall be scheduled prior to the preparation of the city staff report to the city planning commission to discuss relevant issues or policies. The county may provide additional written comments or verbal testimony prior to the closing of the public record.
6. In making its decision the city planning commission shall consider, and is obligated to respond to all comments submitted by the county with regard to the annexation application. Notice of the decision shall be provided to the county within three (3) working days of the date of the final decision.
7. Within ten (10) working days of a decision by the city planning commission, a review by the JPRC may be requested. The JPRC shall conduct a review and submit its recommendation and findings prior to a hearing before the city council. Notice of the city council decision shall be forwarded to the county within three (3) working days of the date of the final decision. The final decision of the city is appealable in the manner prescribed by state law.
J. Public Facilities And Services:
1. The cost of extension or improvements of public facilities and utilities required as a condition of a permit approval shall be borne by the developer, unless the city or county agrees to bear all or any portion of the costs thereof.
2. Establishment of a right of way, donation of easements, creation of new streets, or improvements to existing streets shall conform to the city's existing street patterns and master plan for the future street system. Until annexed into the city, road maintenance shall be the responsibility of the county or appropriate road district after the road is formally accepted into the road system pursuant to state law.
3. The JTRC shall serve as a forum to coordinate issues with respect to the following items which are within, or adjacent to, or which directly impact, the Ontario UGB and the UGA, and for which either the city or county has the ultimate decision making authority:
a. Capital improvement programs and major public works projects for transportation, recreation, sewer, water, or drainage facilities; acquisition or development of property; or other similar activities.
b. Functional plans, or amendments thereto, for utilities, drainage, solid waste, transportation, recreation, or other similar activities.
c. Economic and industrial development plans or policies and other kinds of special plans.
d. Design and engineering standards for urban facilities and services.
4. The JPRC may serve as a forum to discuss policy matters that impact the city and county prior to final decision by the appropriate jurisdiction.
5. The city shall be responsible for preparation and maintenance of public facilities plans within the Ontario UGB, and "streets and public facilities master plans" within the URA.
K. Urban Services:
1. Extension of city services shall be permitted within the UGB only when consistent with the policies of the city plan and with any adopted functional plans for urban services. Extension of city services shall not be permitted within the URA.
2. City services such as water, sewer, and street extension or maintenance shall be provided only to those areas which either annex, agree to annex to the city, or which enter into an agreement consenting to future annexation, as provided for in ORS 222.115.
3. All city services shall be provided and maintained to city standards, and under supervision of the city, unless some other arrangement acceptable to the city has been made for the maintenance and supervision of said services.
4. The city and county may enter into separate intergovernmental agreements for the application of system development charges or the creation of local improvement districts in the UGA, as provided for in ORS 223.
L. Special District Coordination:
1. Special districts situated wholly or partially within the UGA shall have the opportunity to participate on JTRC and to review and comment on the land use decisions inside the UGA which affect them.
2. Pursuant to ORS 195, the city and county shall negotiate and enter into urban service agreements with each special district which is situated either wholly or partially within the UGA as part of the next periodic review and update of the city plan.
3. Under such urban service agreements, the special district shall give the city and county the opportunity to review and comment on the following district activities which may apply to the lands in the UGA:
a. Major public works projects to be undertaken by the district.
b. Plans for establishment, improvement, or extensions of facilities provided by the district.
c. Capital improvement programs and design standards which are being developed by the district.
M. Urban Reserve Areas: Pursuant to ORS 183 and 197, the city and county shall cooperatively plan for areas outside the urban growth boundary to be reserved for eventual inclusion in the urban growth area and to protect those areas from patterns of development which could impede urbanization.
1. The city shall designate urban reserve areas as part of the city plan and urban area land use designation map. However, county rural plan designations shall control until land within the URA is added to the UGB. The county shall adopt land development regulations for rural residential land within the URA to ensure that interim development and land divisions will not hinder the effective transition to urban land uses and the orderly and efficient provision of urban services in the future. These designations and regulations shall be adopted pursuant to the procedures in subsection H of this section.
2. The county shall be responsible for administration of all incorporated lands, both at the time of the urban reserve area designation and upon inclusion of these areas within the UGB. Land use decisions within an urban reserve area shall be pursuant to the procedures in subsections F and G of this section.
N. Review, Amendment, And Termination Of This Agreement:
1. This agreement may be reviewed and amended at any time by the mutual consent of both parties and after public hearings by the city council and county court. Either governing body may consult their respective planning commission for a recommendation.
2. Proposed amendments to this agreement may be referred to the JPRC for review. Following initial approval by the city, any amendments shall be forwarded to the county. Approval by both parties shall be in the form of an ordinance adopting the revised agreement. Any amendment to the agreement shall not be effective unless and until both the city and the county approve said amendment.
3. Any modification of this agreement shall be consistent with other provisions of this agreement, the city and county comprehensive plans, and with applicable state law.
4. This agreement may be terminated by either party under the following procedure:
a. Notice of proposed termination shall be sent to the other jurisdiction. The notice of proposed termination shall be referred to the JPRC to provide an opportunity to resolve any disputes.
b. The terminating jurisdiction shall schedule a public hearing at least forty (40) days after the date of the notice of proposed termination. Public notice of the hearing shall be in accordance with each jurisdiction's respective ordinance requirements for notice of legislative decisions.
c. An established date for termination of the agreement shall be at least ninety (90) days after the public hearing in order to provide additional time to resolve disputes and facilitate transition.
O. Appeals: Any person or party aggrieved by a decision or ruling pursuant to this agreement shall have the right of appeal as set forth in the appropriate ordinance or in state law.
P. Enforcement:
1. The county shall be responsible for enforcement of all land use ordinances within the UGA and URA. The county shall have the exclusive right to decide whether to proceed with any enforcement actions. All enforcement actions shall be taken in accordance with the enforcement provisions of the county ordinances.
2. The county shall indemnify and hold the city harmless from any claims for damages arising out of enforcement of the land use ordinances within the UGA or URA.
3. The county shall be responsible for all costs connected with enforcement of the land use ordinances within the UGA and URA.
Q. Fees: Application for land use actions to be filed with the county shall be accompanied by the fee set forth in appropriate county ordinance. Applications for comprehensive plan amendments or zone changes shall be filed with the city and be accompanied by the appropriate fee as specified in city ordinance.
R. Repeal: Acceptance of this agreement by the city and county shall immediately repeal all prior urban growth area joint management agreements entered into between the city and the county.
S. Severability: The provisions of this agreement are severable. If any section, sentence, clause or phrase of this agreement is adjudged by a court of competent jurisdiction to be invalid, said decision shall not impair or affect the validity of the remaining portions of this agreement.
T. Enabling Provisions: The following signatures bind all parties of interest to the terms of this agreement:
CITY OF ONTARIO
MALHEUR COUNTY
(Ord. 167, 10-24-2007)
6-3F-1: PURPOSE:
Seventeen (17) small communities throughout Malheur County have been designated as rural service centers. These communities are Annex, Arock, Brogan, Burns Junction, Cairo Junction, Farewell Bend, Harper, Ironside, Jamieson, Johnson Brothers, Juntura, McDermitt, Oregon Slope, Owyhee Corner, Rome, Weiser Junction and Willowcreek. Each community has developed its own zoning standards based on the desires of its citizens. (Ord. 86, 12-7-1993)
6-3F-2: PERMITTED USES:
A. The following uses are permitted in all RSC zones, except Oregon Slope, unless otherwise indicated. The permitted uses in Oregon Slope are described in section 6-3F-4 of this article.
1. Single-family dwellings, including manufactured dwellings.
2. Farm uses as defined in ORS 215.203(2), excluding feedlots.
3. Public or privately owned parks (except Willowcreek, Johnson Brothers, Cairo Junction, Harper, Owyhee Corner, Juntura, Arock, Rome and Burns Junction).
4. Residential homes for up to six (6) persons who fit within the definition of persons listed in ORS 443.400(5) through (10). (Ord. 86, 12-7-1993; amd. Ord. 147, 4-14-2004)
6-3F-3: CONDITIONAL USES:
Unless otherwise indicated, the following conditional uses and their accessory uses may be established in all RSC zones, except Oregon Slope, when authorized in accordance with chapter 6 of this title:
A. Duplexes or multi-family dwellings (except Ironside, Willowcreek and Cairo Junction).
B. Manufactured dwelling parks (except Willowcreek).
C. Residential subdivisions.
D. Public or private schools (except Johnson Brothers).
E. Churches (except Johnson Brothers and Cairo Junction).
F. Commercial activities, including, but not limited to, eating and drinking establishments, business and professional offices, and retail services including sales and display rooms and lots.
G. Governmental structures and uses for the promotion of public health, safety or welfare (except Willowcreek, Johnson Brothers, Cairo Junction, Harper and Owyhee Corner).
H. Industrial uses, including, but not limited to, wholesaling, manufacturing, processing, warehousing and storage (except Johnson Brothers).
I. Recreational facilities (Jamieson, Farewell Bend and Rome only).
J. Public and privately owned parks (Juntura, Arock, Rome and Burns Junction only).
K. Kennels and boarding stables.
L. Home occupations and home businesses as provided by section 6-6-8-6 of this title.
M. The temporary use of a manufactured dwelling during a family hardship condition where such hardship is related to the aged, the infirm, or to persons otherwise incapable of maintaining a completely separate residence apart from their family for health or financial reasons. The zoning permit for such use shall note that it is temporary and subject to renewal annually without additional fee. In the event the hardship no longer exists, the removal of the temporary use shall be required. If the temporary manufactured dwelling is to be connected to an existing sewage system, compliance with applicable rules of the department of environmental quality will be required. Application for a temporary manufactured dwelling shall consist of a letter describing the nature of the hardship and any form required by the planning department. (Ord. 86, 12-7-1993; amd. Ord. 147, 4-14-2004; Ord. 184, 10-21-2009)
6-3F-4: USES IN SPECIFIC AREAS:
A. Jamieson Area:
1. Junkyards and dump sites are neither permitted nor conditional uses (Jamieson only). (Ord. 86, 12-7-1993)
B. Uses In Oregon Slope RSC Zone:
1. Permitted Uses: The following uses are permitted outright in the Oregon Slope RSC zone:
a. Single-family dwellings, including manufactured dwellings.
b. Commercial activities, including, but not limited to, eating and drinking establishments, business and professional offices, and retail services including sales and display rooms and lots. (Ord. 86, 12-7-1993; amd. Ord. 147, 4-14-2004)
2. Conditional Uses: No conditional uses are specified for this RSC zone. (Ord. 86, 12-7-1993)
6-3F-5: PERFORMANCE STANDARDS:
In all RSC zones the performance standards contained in section 6-3G-4 of this chapter shall apply to all nonresidential and all nonagricultural activities. (Ord. 86, 12-7-1993)
6-3F-6: FENCING REQUIREMENTS:
Fencing may be required between an RSC zone (except Jamieson) and adjoining EFU, EFFU or ERU property upon a finding by the planning commission 1 that a problem exists that can be alleviated by adequate fencing. Upon a complaint filed by adjoining property owners, a public hearing will be held to determine if fencing will be required. (Ord. 86, 12-7-1993)
6-3F-7: DIMENSIONAL STANDARDS:
The following dimensional standards shall apply in all RSC zones:
A. Lot Area: The minimum lot area shall be one acre or a larger area determined to be in compliance with the applicable department of environmental quality rules and regulations regarding sewage disposal and water supplies, provided that:
1. All septic tanks, drainfields and wells shall be located on the same lot with the facility that is being served.
2. A department of environmental quality evaluation report from the authorized DEQ representative shall be required.
B. Setbacks: No building or sight obscuring fence, other than a fence or facility associated with irrigation activities, shall be closer than forty feet (40') from a street or road right of way line, fifteen feet (15') from any other property line, twenty feet (20') from any major irrigation canal right of way. No sight obscuring fence exceeding three feet (3') in height shall be placed within the forty foot (40') street setback, also within this setback shrubbery other than trees shall be maintained at heights not exceeding three feet (3').
C. Average Residential Density Limitation: In lieu of establishing a minimum lot size in the RSC zone for residential use and development, the following limitations to such development are hereby imposed: (Ord. 86, 12-7-1993)
1. The maximum development of residential dwellings (single- family, duplex, multi-family and manufactured dwelling) permitted in any RSC area, as identified in the plan, shall be one dwelling unit per acre of residentially developed/developable land. (Ord. 147, 4-14-2004)
2. The average residential density limitation shall be computed on all acreage developed to residential use or available to such use and shall exclude all acreage built and committed to nonresidential use.
3. Once an RSC area reaches the maximum residential density, the county shall cease to accept and review further requests to divide land or develop land for residential use except as provided in subsection D of this section.
D. Undeveloped Parcels: Notwithstanding the average density limitations set forth above, undeveloped contiguously owned lots and parcels legally created prior to June 1, 1984, shall retain the right to one residential dwelling unit, provided the parcel complies with the site development standards in subsections A and B of this section. (Ord. 86, 12-7-1993)
6-3G-1: PURPOSE:
The C-1 commercial zone is designed to provide areas for the broad range of commercial operations and services required for the proper and convenient functioning of commercial centers. Permitted uses are intended to include all retail and service operations that may be appropriately located within a shopping district and are normally required to sustain a community. Attractive, consolidated commercial developments, which are protected from the intrusion of noncompatible land uses and developed with adequate and safe parking, traffic circulation and highway access, are among the desired goals for this zone. This article provides not only for the planning commission 1 to attach special conditions to certain uses as delineated in section 6-3G-3 of this article that have a potentially detrimental effect on neighboring lands, but also for the planning commission to exercise review of planned permitted uses as delineated by section 6-3G-2 of this article. (Refer to section 6-3G-5 of this article and chapter 5 of this title.) (Ord. 86, 12-7-1993)
6-3G-2: PERMITTED USES:
The following uses may be permitted outright in a C-1 zone:
A. Business and professional offices.
B. Retail stores, including sales and display rooms or lots.
C. Machinery sales, service and repair.
D. Manufacturing, processing or treatment of products in conjunction with retail (but not wholesale) sales.
E. Residential uses in conjunction with commercial uses. (The intent is to give owners, operators or security personnel of commercial enterprises the opportunity to live on or near the location of their businesses.) (Ord. 86, 12-7-1993)
6-3G-3: CONDITIONAL USES:
The following uses and their accessory uses may be established when authorized in accordance with chapter 6 of this title:
A. Utility facilities.
B. Kennels and veterinary or animal hospitals.
C. Outdoor amusement or recreational uses.
D. Public or private schools.
E. Churches.
F. Residential uses not in conjunction with commercial uses.
G. Governmental structures and land uses for promotion of the public health, safety or welfare.
H. Clubs, lodges, eating and drinking establishments.
I. Motels.
J. Other uses not listed as conditional or permitted but determined to be compatible with commercial uses and in accordance with the comprehensive plan. (Ord. 86, 12-7-1993; amd. Ord. 146, 4-14-2004)
6-3G-4: PERFORMANCE STANDARDS:
Each structure or use permitted or conditionally permitted in a commercial zone shall meet the following performance standards: (Ord. 86, 12-7-1993)
A. Physical Appearance: With the exception of gasoline pumps, all operations other than pick ups and deliveries shall be carried on within an enclosed building; provided, that new materials or equipment in operable condition may be stored in the open, such as a sales lot. Normal daily wastes may be stored in containers outside of a building when such containers are not readily visible from beyond the property line. The provisions of this subsection shall not be construed to prohibit the display of merchandise or vehicles for sale or rental, or the storage of automobiles, farm machinery, trailers, manufactured dwellings or similar equipment in operable condition when in association with a permitted use. The required yard areas other than driveway openings shall be landscaped. (Ord. 147, 4-14-2004)
B. Hazard: No operation shall be established which fails to meet the state fire and electrical codes and any other applicable state or federal codes related to safety. This provision shall not be construed to prohibit the use of normal heating fuels, and other volatile materials when handled in accordance with applicable codes.
C. Noise: No operation shall be carried on which creates noise in excess of the normal traffic noise of the adjacent street at the time of daily peak hour traffic volume. Noise volume generated by the use shall be measured at any property line. The comparable traffic noise shall be measured at the property line adjacent to the street. All noises shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness.
D. Sewage And Liquid Waste: All operations shall comply with any applicable regulations of the county, state or federal agencies responsible for pollution control. No wastes of a chemical, organic or radioactive nature shall be injected or buried in the ground or stored in the open on the surface except in approved containers.
E. Smoke, Particulate Matter And Gases: No use shall be established which fails to meet the air quality regulations of the Oregon department of environmental quality pertaining to emissions of smoke, particulate matter, fugitive dust, gases and other air contaminants.
F. Odor: The emission odors that are generally agreed to be obnoxious to any considerable number of persons is prohibited. Observations shall be made at the property line of the establishment generating the odor. As a general guide to classification of odor, it is deemed that odors of putrefaction, hydrogen sulfide, fermentation and rendering processes are objectionable while odors associated with baking, coffee roasting or nut roasting are normally not considered obnoxious.
G. Vibration: All machines shall be mounted so as to minimize vibration and in no case shall such vibration be perceptible, without the use of instruments, at the property line.
H. Glare And Heat: Any glare producing operations, such as welding arcs, shall be shielded so that they are not visible from the property line. Surfaces near the glare source shall be of a type which will minimize the reflection of such glare beyond the property line.
I. Dust: All surfaces used in the operation of the use shall be graveled or paved with a dust free surface. Gravel surfaces shall be watered down when conditions of use or weather cause dust to travel toward structures on adjacent properties.
J. Interpretation: Whenever it cannot be decided by reasonable observation that a performance standard is being met, it shall be the responsibility of the operator of the use to supply evidence or engineering data to support the contention that a standard is being met. The standards are designed, except where referring to other codes, to be judged by ordinary human senses and not by the minute detail of scientific quality instruments. Until such evidence or engineering data is supplied and proves to be convincing, the judgment of the planning director shall be the determining factor. (Ord. 86, 12-7-1993)
6-3G-5: DIMENSIONAL STANDARDS:
The following dimensional standards shall apply:
A. Minimum Lot Area: Ten thousand (10,000) square feet where facility is connected to a public sewer system. The lot or parcel shall not be less than the minimum lot width and minimum lot depth as allowed by this section. In those cases where septic tank and drainfield is the method of sanitary waste disposal, minimum lot size is one acre or larger as needed to meet the requirements of the department of environmental quality.
B. Minimum Lot Width: One hundred feet (100').
C. Maximum Lot Depth: Not more than three (3) times the lot width.
D. Setbacks: No building or site-obscuring fence, shrubbery or structure shall be located closer than thirty feet (30') to a street or road right of way. No building (nor structure other than fence) shall be located closer to an interior property line than fifteen feet (15') or one-half (1/2) the building or structure height, whichever is greater. An exception exists when condominium structures are proposed requiring zero side yard setbacks.
E. Conditional Uses: Conditional use approvals may require greater dimensional standards than the above when the Commission determines they are needed in order for the proposed land use to meet the criteria of Chapter 6 of this Title, Conditional Uses.
F. Exceptions: Public utility substations and other facilities are excepted from the minimum lot area and lot width and maximum lot depth standards. (Ord. 86, 12-7-1993)
6-3G-6: SITE PLAN REVIEW:
6-3H-1: PURPOSE:
The M-1 light industrial zone is intended to provide areas for industrial uses having minimal adverse environmental effects. Commercial activities compatible with industrial uses are allowed as conditional uses. This article provides not only for the planning commission 1 to attach special conditions to certain uses as delineated in section 6-3H-3 of this article that have a potentially detrimental effect on neighboring lands, but also for the planning commission to exercise review of planned permitted uses as delineated by section 6-3H-2 of this article. (Refer to section 6-3H-6 of this article and chapter 5
of this title.) (Ord. 86, 12-7-1993)
6-3H-2: PERMITTED USES:
The following uses may be permitted outright in an M-1 zone:
A. Warehousing and storage, excluding storage of hazardous products.
B. Wholesale distribution and sales outlets.
C. Service stations.
D. Machinery repair facilities.
E. Electronic assembly plants.
F. Repealed.
G. Radio or television towers and related facilities.
H. Freight depots and trucking freight terminals.
I. Contractors or building materials businesses.
J. Residential uses in conjunction with commercial and industrial uses. (The intent is to give owners, operators or security personnel of a commercial or industrial enterprise the opportunity to live on or near the location of their business.)
K. General retail sales and restaurants enclosed within a building, the floor area of which does not exceed one thousand five hundred (1,500) square feet. (Ord. 86, 12-7-1993; amd. Ord. 146, 4-14-2004)
6-3H-3: CONDITIONAL USES:
The following uses and their accessory uses may be established in an M-1 zone when authorized in accordance with chapter 6 of this title:
A. All conditional and permitted uses allowed in a C-1 zone that are compatible with light industrial uses.
B. Food processing.
C. Manufacturing, processing, packaging, repair and storage of goods or products not in conflict with other provisions of this article.
D. Small petroleum storage or distribution facilities.
E. Governmental structures and uses for the promotion of the public health, safety or welfare.
F. Uses associated with the storage or disposal of explosives, chemical products, chemical wastes or radioactive wastes.
G. Other uses not listed as conditional or permitted but determined to be compatible with light industrial uses and in accordance with the comprehensive plan.
H. Recreational vehicle park.
I. Utility facilities. (Ord. 86, 12-7-1993; amd. Ord., 11-8-1994; Ord. 146, 4-14-2004)
6-3H-4: PERFORMANCE STANDARDS:
Each structure or use permitted or conditionally permitted in the M-1 zone shall meet the following performance standards: (Ord. 86, 12-7-1993)
A. Physical Appearance: With the exception of gasoline pumps and recreational parks, all operations other than pick ups and deliveries shall be carried on within an enclosed building or behind a sight obscuring fence or hedge. New materials or equipment in operable condition may be stored outside a building in containers not readily visible from beyond the property line. The provisions of this subsection shall not be construed to prohibit the display of merchandise or vehicles for sale or rental, or the storage of automobiles, farm machinery, trailers, manufactured dwellings or similar equipment in operable condition when in association with a permitted use. The required yard areas next to a street shall be landscaped except for driveway openings. (Ord. 147, 4-14-2004)
B. Hazard: No operation shall be established which fails to meet the state fire and electrical codes and any other applicable state or federal codes related to safety. This provision shall not be construed to prohibit the use of normal heating fuels, motor fuels and welding gases when handled in accordance with applicable codes.
C. Noise: No operation shall be carried on which creates noise in excess of the normal traffic noise of the adjacent street at the time of daily peak hour traffic volume. Noise volume generated by the use shall be measured at any property line. The comparable traffic noise shall be measured at the property line adjacent to the street. All noises shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness.
D. Sewage And Liquid Waste: All operations shall comply with any applicable regulations of the county, state or federal agencies responsible for pollution control. No wastes of a chemical, organic or radioactive nature shall be injected or buried in the ground or stored in the open on the surface except in approved containers.
E. Smoke, Particulate Matter And Gases: No use shall be established which fails to meet the air quality regulations of the Oregon department of environmental quality pertaining to emissions of smoke, particulate matter, fugitive dust, gases and other air contaminants.
F. Odor: The emission odors that are generally agreed to be obnoxious to any considerable number of persons is prohibited. Observations shall be made at the property line of the establishment generating the odor. As a general guide to classification of odor, it is deemed that odors of putrefaction, hydrogen sulfide, fermentation and rendering processes are objectionable while odors associated with baking, coffee roasting or nut roasting are normally not considered obnoxious.
G. Vibration: All machines shall be mounted so as to minimize vibration and in no case shall such vibration be perceptible, without the use of instruments, at the property line. The use of steam or broad hammers are not permitted in this zone.
H. Glare And Heat: Any glare producing operations, such as welding arcs, shall be shielded so that they are not visible from the property line. Surfaces near the glare source shall be of a type which will minimize the reflection of such glare beyond the property line. No heat from equipment or furnaces shall raise the temperature of materials or ambient air at the property line more than three degrees Fahrenheit (3°F).
I. Dust: All surfaces used in the operation of the use shall be graveled or paved with a dust free surface. Gravel surfaces shall be watered down when conditions of use or weather cause dust to travel toward structures on adjacent properties.
J. Interpretation: Whenever it cannot be decided by reasonable observation that a performance standard is being met, it shall be the responsibility of the operator of the use to supply evidence or engineering data to support the contention that a standard is being met. The standards are designed, except where referring to other codes, to be judged by ordinary human senses and not by the minute detail of scientific quality instruments. Until such evidence or engineering data is supplied and proves to be convincing, the judgment of the planning director shall be the determining factor. (Ord. 86, 12-7-1993)
6-3H-5: DIMENSIONAL STANDARDS:
The following dimensional standards shall apply:
A. Minimum Lot Area: One acre or a larger area determined to be in compliance with the applicable Department of Environmental Quality rules and regulations regarding sewage disposal and water supplies whether those are to be installed initially or not.
1. Permitted Uses Except Utilities: Twenty two thousand five hundred (22,500) square feet.
2. Utility Facilities: Public utility facilities are exempt from the minimum lot area requirement, provided they have sufficient area which, in the opinion of the Planning Commission, will not affect adjacent land uses.
B. Minimum Lot Width: One hundred fifty feet (150').
C. Maximum Lot Depth: Not more than three (3) times the lot width.
D. Setbacks: No building or site-obscuring fence, shrubbery or structure shall be located closer than thirty feet (30') to a street or road right of way. No building (nor structure other than fence) shall be located closer to an interior property line than fifteen feet (15') or one-half (1/2) the building or structure height, whichever is greater. An exception exists when condominium structures are proposed requiring zero side yard setbacks.
E. Conditional Uses: Conditional use approvals may require greater dimensional standards than the above when the Commission determines they are needed in order for the proposed land use to meet the criteria of Chapter 6 of this Title.
F. Exceptions: Public utility substations and other facilities are excepted from the minimum lot area and lot width and maximum lot depth standards. (Ord. 86, 12-7-1993)
6-3H-6: SITE PLAN REVIEW:
6-3H-7: COMPLIANCE WITH STATE REGULATIONS:
All uses involving manufacturing, repair, storage or processing shall meet all applicable standards and regulations of the State Board of Health, Department of Environmental Quality, and any other public agency having appropriate regulatory jurisdiction. Prior to issuance of a zoning permit for all permitted and conditional uses, evidence shall be submitted to the Planning Department indicating the proposed activity has been approved by all appropriate regulatory agencies. (Ord. 86, 12-7-1993)
6-3I-1: PURPOSE:
The M-2 Heavy Industrial Zone is designed to provide areas suitable for industrial activities liable to produce noise, smoke, dust, fumes or other effluents that potentially have a negative effect on adjacent land uses. The M-2 Zone also protects good industrial sites, which have access to transportation facilities and power sources, as well as room for future expansion of existing industries and adequate building sites for new industries. Commercial and light industrial uses that are compatible with heavy industrial uses are allowed as conditional uses. This Article provides not only for the Planning Commission 1 to attach special conditions to certain uses as delineated in Section 6-3I-3 that have a potentially detrimental effect on neighboring lands, but also for the exercise of review of planned permitted uses as delineated by Section 6-3I-2. (Ord. 86, 12-7-1993)
6-3I-2: PERMITTED USES:
The following uses may be permitted outright in an M-2 Zone:
A. Manufacturing, fabricating, processing, repairing, packaging or storage, including but not limited to the following:
1. Concrete, ready-mix or diatomite plants.
2. Seed processing or fertilizer plants.
3. Ice or cold-storage plants.
4. Agricultural products storage and processing.
B. Railroad facilities.
C. Trucking freight terminals.
D. Service stations.
E. Petroleum products storage and distribution plants.
F. Geothermal-related industrial and commercial uses, provided the land is within the designated geothermal overlay area. (Ord. 86, 12-7-1993)
6-3I-3: CONDITIONAL USES:
The following uses and their accessory uses may be established when authorized in accordance with Chapter 6 of this Title:
A. All conditional and permitted uses allowed in an M-1 Zone that are compatible with a heavy industrial zone.
B. Animal slaughterhouses.
C. Rendering plants.
D. Livestock sales yards.
E. Junkyards or automobile wrecking yards.
F. Gravel pits including crushing, screening and washing of extracted materials.
G. Any uses that may possess characteristics injurious to health and safety due to emissions of smoke, dust, odor, fumes, refuse, noise or other effluents. (Ord. 86, 12-7-1993)
6-3I-4: PERFORMANCE STANDARDS:
Each structure or use permitted or conditionally permitted in the M-2 Zone shall meet the following performance standards:
A. Conduct Of Use: No permitted or permissible use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare.
B. Enclosure: All manufacturing or processing activities shall be completely enclosed in buildings, except as provided by the conditional use section of this Article.
C. Outdoor Storage: Junk, salvage, auto wrecking and similar operations shall be fenced, screened or limited in height so as to block substantially any view of such material from any point located on an abutting street or from any point less than eight feet (8') above grade within any abutting residential or commercial zone. However, this subsection C shall not be deemed to require more than an opaque fence or screen not more than ten feet (10') in height and not longer than the full perimeter of the subject zoning lot, and further provided, such screening may be reduced in height so as to avoid shading a solar collector on adjoining property when so requested by the adjoining property owner or a government official. No outdoor storage of materials which could be blown into the air or strewn about by wind shall be permitted.
D. Loading: Truck loading and unloading operations shall take place entirely within the site and shall not be so located as to interfere with pedestrian routes.
E. Fire Hazard: No operation shall be established which constitutes a fire hazard.
F. Noise: Noise shall be muffled as available technology permits so as to not be objectionable due to intermittence, beat frequency or shrillness and shall meet any State standards.
G. Sewage And Liquid Waste: All operations shall comply with any applicable regulations of the County, State or Federal agencies responsible for pollution control. No wastes of a chemical, organic or radioactive nature shall be injected or buried in the ground or stored in the open on the surface except in approved containers.
H. Odor: The emission odors that are generally agreed to be obnoxious to any considerable number of people shall be abated with the latest feasible technology. As a general guide to classification of odor, it is deemed that odors of putrefaction, hydrogen sulfide, fermentation and rendering processes are objectionable while odors associated with baking, coffee roasting or nut roasting are normally not considered obnoxious. To reduce odors, the open air cooling of products with aromatic emissions shall be avoided. Floors, machinery, storage containers and other surfaces shall be kept clean of material which is potentially odor causing.
I. Vibration: All machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive as to interfere with heavy industrial operations on nearby premises.
J. Glare And Heat: Any glare producing operations, such as welding arcs, shall be shielded so that they are not visible from the property line and surfaces near the glare source shall be of a type which will minimize the reflection of such glare beyond the property line. No heat from equipment or furnaces shall raise the temperature of materials or ambient air at the property line more than three degrees Fahrenheit (3°F).
K. Interpretation: Whenever it cannot be decided by reasonable observation that a performance standard is being met, it shall be the responsibility of the operator of the use to supply evidence or engineering data to support the contention that a standard is being met. The standards are designed, except where referring to other codes, to be judged by ordinary human senses and not by the minute detail of scientific quality instruments. Until such evidence or engineering data is supplied and proves to be convincing, the judgment of the Planning Director shall be the determining factor. (Ord. 86, 12-7-1993)
6-3I-5: DIMENSIONAL STANDARDS:
The following dimensional standards shall apply:
A. Minimum Lot Area:
1. Permitted Uses: Forty thousand (40,000) square feet.
2. Conditional Uses: As determined under procedure set forth in Chapter 6 of this Title, but not less than the minimum lot width and minimum lot depth as allowed by this Section.
3. Geothermal Areas: In areas zoned M-2 and within the designated geothermal overlay area, the minimum lot size shall be twenty (20) acres unless:
a. A specific geothermal-related use is proposed at the time an application for land division is submitted; or
b. The contiguous ownership at the time of enactment of this regulation is less than twenty (20) acres in size and the parcel meets all other requirements of this Title as applicable.
B. Minimum Lot Width: Two hundred feet (200').
C. Minimum Lot Depth: Two hundred feet (200').
D. Setbacks: No building or sight-obscuring fence, shrubbery or structure shall be located closer than thirty feet (30') from any street or road right-of-way and fifteen feet (15') from any other property line. (Ord. 86, 12-7-1993)
6-3I-6: SITE PLAN REVIEW:
6-3I-7: COMPLIANCE WITH STATE REGULATIONS:
All uses involving manufacturing, repair, storage or processing shall meet all applicable standards and regulations of the State Board of Health, Department of Environmental Quality, and any other public agency having appropriate regulatory jurisdiction. Prior to issuance of a zoning permit for all permitted and conditional uses, evidence shall be submitted to the Planning Department indicating the proposed activity has been approved by all appropriate regulatory agencies. (Ord. 86, 12-7-1993)
6-3I-8: GEOTHERMAL AREAS:
Notwithstanding any other provisions of this Article, in all areas zoned M-2 and within the designated geothermal resource area, all proposed uses and developments not geothermal- related but permitted in the M-2 Zone either outright or conditionally shall be reviewed by the Commission in a duly noticed public hearing. In addition to all other review criteria, the Commission shall review the site plan as required by Chapter 5 of this Title. In permitting any such use or development, the Commission shall, in addition to all other required findings, specifically find the proposed use or development will not seriously interfere with existing or future development and use of the geothermal resources given the current state of technology related to geothermal resource utilization. (Ord. 86, 12-7-1993)
6-3I.1-1: PURPOSE:
The M-3 agricultural processing zone is designed to provide opportunities for agricultural processing activities that are large enough to become industrial in nature. The only uses allowed in this particular zone are agricultural processing plants on a large scale and farm use. This zone will allow large scale agricultural processing plants which process and add value to agricultural products grown on lands other than where the plant is sited. It is anticipated that agricultural produce to be utilized will be provided by other growers. The principal purpose of the plant siting is for the processing of agricultural products. Such plants will process agriculture produce from a variety of sources to develop secondary products for local and export markets. Placement of this zone on resource lands within the county requires an exception to statewide planning goals, agricultural goal 3. Site plan review by the county planning commission is required of all proposed plant sitings after the exception has been properly taken and the zoning map has been amended and acknowledged. (Ord. 148, 1-7-2004)
6-3I.1-2: PERMITTED USES:
The following uses may be permitted outright in an M-3 zone:
A. Agricultural product processing.
B. Farm use as defined in ORS 215.213 and shall conform to the standard in section 6-3I.1-4 of this article. (Ord. 148, 1-7-2004)
6-3I.1-3: CONDITIONAL USES:
!!! None. (Ord. 148, 1-7-2004)
6-3I.1-4: PERFORMANCE STANDARDS:
Each structure or use permitted or conditionally permitted in the M-3 zone shall meet the following performance standards:
A. Conduct Of Use: No permitted or permissible use shall be conducted in any manner which would render it noxious or offensive by reason of dust, refuse matter, odor, smoke, gas fumes, noise, vibration or glare from an industrial use.
B. Enclosure: All manufacturing or processing activities shall be completely enclosed in buildings, except as provided by the site plan review approval.
C. Outdoor Storage: Any industrial outdoor storage shall be fenced, screened or limited in height so as to block substantially any view of such material from any point located on an abutting street or from any point less than eight feet (8') above grade within any abutting residential or commercial zone. However, this subsection shall not be deemed to require more than an opaque fence or screen not more than ten feet (10') in height and not longer than the full perimeter of the subject zoning lot, and further provided, such screening may be reduced in height so as to avoid shading a solar collector on adjoining property when so requested by the adjoining property owner or a government official. No outdoor storage of materials which could be blown into the air or strewn about by wind shall be permitted.
D. Loading: Truck loading and unloading operations shall take place entirely within the site and shall not be so located as to interfere with pedestrian routes.
E. Fire Hazard: No operation shall be established which constitutes a fire hazard.
F. Noise: Noise shall be muffled as available technology permits so as to not be objectionable due to intermittence, beat frequency or shrillness and shall meet any state standards.
G. Sewage And Liquid Waste: All operations shall comply with any applicable regulations of the county, state or federal agencies responsible for pollution control. No wastes of a chemical, organic or radioactive nature shall be injected or buried in the ground or stored in the open on the surface except in approved containers.
H. Odor: The emission odors that are generally agreed to be obnoxious to any considerable number of people shall be abated with the latest feasible technology. As a general guide to classification of odor, it is deemed that odors of putrefaction, hydrogen sulfide, fermentation and rendering processes are objectionable while odors associated with baking, coffee roasting or nut roasting are normally not considered obnoxious. To reduce odors, the open air cooling of products with aromatic emissions shall be avoided. Floors, machinery, storage containers and other surfaces shall be kept clean of material which is potentially odor causing.
I. Vibration: All machines shall be mounted so as to minimize vibration. Vibration shall not be so excessive as to interfere with heavy industrial operations on nearby premises.
J. Glare And Heat: Any glare producing operations, such as welding arcs, shall be shielded so that they are not visible from the property line and surfaces near the glare source shall be of a type which will minimize the reflection of such glare beyond the property line. No heat from equipment or furnaces shall raise the temperature of the materials or ambient air at the property line more than three degrees Fahrenheit (3°F).
K. Interpretation: Whenever it cannot be decided by reasonable observation that a performance standard is being met, it shall be the responsibility of the operator of the use to supply evidence or engineering data to support the contention that a standard is being met. The standards are designed, except where referring to other codes, to be judged by ordinary human senses and not by the minute detail of scientific quality instruments. Until such evidence or engineering data are supplied and proves to be convincing, the judgment of the planning director shall be the determining factor. (Ord. 148, 1-7-2004)
6-3I.1-5: DIMENSIONAL STANDARDS:
The following dimensional standards shall apply:
A. Minimum Lot Area:
1. Permitted Uses: Forty (40) acres.
B. Minimum Lot Width: Two hundred feet (200').
C. Minimum Lot Depth: Two hundred feet (200').
D. Setbacks: No building or sight obscuring fence, shrubbery or structure shall be located closer than thirty feet (30') from any street or road right of way and fifteen feet (15') from any other property line. (Ord. 148, 1-7-2004)
6-3I.1-6: SITE PLAN REVIEW:
6-3I.1-7: COMPLIANCE WITH STATE REGULATIONS:
All uses involving manufacturing, repair, storage or processing shall meet all applicable standards and regulations of the state board of health, department of environmental quality, and any other public agency having appropriate regulatory jurisdiction. Prior to issuance of a zoning permit for all permitted and conditional uses, evidence shall be submitted to the planning department indicating the proposed activity has been approved by all appropriate regulatory agencies. (Ord. 148, 1-7-2004)
6-3J-1: PURPOSE:
The PM Park Management Zone is designed for publicly owned parks and recreation areas. (Ord. 86, 12-7-1993)
6-3J-2: PERMITTED USES:
The following uses may be permitted outright in a PM Zone:
A. General maintenance and daily operation of public park or recreation facilities.
B. Replacement or repair of existing facilities that have deteriorated or become nonfunctional through general use, fire, acts of God, vandalism or technological obsolescence. This includes roads, picnic tables, bath and toilet houses and similar structures for visitor service. Such replacement or repair shall be limited to that which is necessary to provide services to the same numbers and densities of visitors that were served by the existing facility.
C. Minor improvements that enhance functionability or are necessary to accommodate existing levels of public uses. (Ord. 86, 12-7-1993)
6-3J-3: CONDITIONAL USES:
The following conditional uses and their accessory uses may be established when authorized in accordance with Chapter 6 of this Title:
A. New construction or upgrading of existing facilities that could be expected to result in an increased overall visitor capacity or that would have significant land-use impact. (Ord. 86, 12-7-1993)
6-3J-4: SPECIAL PROVISIONS:
New public parks or recreation areas may be established by designation of additional PM Zones in accordance with Chapter 10 of this Title. A description of the initial development proposed for the park shall accompany the zone map amendment request. Development authorized on the proposal shall be allowed outright. After initial development is completed, further park maintenance and improvement shall comply with Sections 6-3J-2 and 6-3J-3 of this Article. (Ord. 86, 12-7-1993)
6-3J.1-1: PURPOSE:
The purpose of the LU overlay zone is to limit the list of permitted or conditional uses in an underlying zone through the taking of an exception to a statewide land use planning goal under ORS 197.732. This zone will only be applied when no other existing zone adequately addresses a new use and general activities of these uses. The zone will apply to specific properties as comprehensive plan zone changes affected by an exception under ORS 197.732. A comprehensive plan amendment may or may not include a map amendment to designate the property LU at the county's discretion. (Ord. 169, 6-20-2007)
6-3J.1-2: PERMITTED AND CONDITIONAL USES:
It is intended that the uses and activities in an LU district will be limited to those uses and activities specified in the ordinance goal exception adopting the LU designation for the property. The descriptions of the permitted and conditional uses may be qualified as necessary to achieve the purpose of the LU overlay zone. The LU overlay zone, when adopted, shall carry out the requirement of OAR 660-004-018 and ORS 197.732 that where a goal's exception is taken, permitted and conditional uses shall be limited to those uses justified by the exception statement. (Ord. 169, 6-20-2007)
6-3J.1-3: SITE PLAN APPROVAL:
The county may require site plan approval by the planning department of the location of buildings, access, parking, screening and other site plan considerations to assure the compatibility of the permitted and conditional uses within the area. Site plan requirements may be added by specific reference in the LU adopting ordinance. (Ord. 169, 6-20-2007)
6-3J.1-4: COMPLIANCE WITH STATE AND FEDERAL REGULATIONS:
All uses allowed in the LU district shall meet all applicable standards and regulations of any state or federal agency having appropriate regulatory jurisdiction. Prior to issuance of a zoning permit for all permitted uses, evidence shall be submitted indicating the proposed activity has been approved by all appropriate agencies. (Ord. 169, 6-20-2007)
6-3K-1: PURPOSE:
The FP Flood Plain Management Zone is an overlay zone intended to minimize loss of life or health and damage to public and private property due to recurring floods. (Ord. 86, 12-7-1993)
6-3K-2: APPLICATION TO LANDS:
The FP Zone applies to those lands lying in the 100-year flood plain as determined by:
A. Federal Emergency Management Agency Flood Hazard Boundary Maps.
B. Flood plain information prepared by the U.S. Corps of Army Engineers. (Ord. 86, 12-7-1993)
6-3K-3: STANDARDS:
The following standards shall be applicable to any area designated as being within the 100-year flood plain:
A. Any development shall comply with Title 5, Chapter 2 of this Code and the Federal Insurance Administration requirements for minimizing flood hazards.
B. Any development shall also comply with the standards of the underlying primary zone.
C. If a conflict in regulations or procedures occurs, the more restrictive provisions shall govern. (Ord. 86, 12-7-1993)
6-3L-1: PURPOSE:
In order to carry out the provisions of this overlay zone, there are hereby created and established certain zones which include all the land lying beneath the airport imaginary surfaces as they apply to all currently existing or future public use airports in Malheur County.
Further, this overlay zone is intended to prevent the establishment of air space obstructions in air approaches through height restrictions and other land use controls as deemed essential to protect the health, safety and welfare of the people of Malheur County. (Ord. 86, 12-7-1993)
6-3L-2: COMPLIANCE:
In addition to complying with the provisions of the primary zoning district, uses and activities shall comply with the provisions of this overlay zone. In the event of any conflict between any provisions of this overlay zone and the primary zoning district, the more restrictive provision shall apply. (Ord. 86, 12-7-1993)
6-3L-3: SPECIAL DEFINITIONS:
AIRPORT APPROACH SAFETY ZONE: A fan-shaped area twenty feet (20') outward for each foot upward (20:1), two hundred fifty feet (250') wide beginning two hundred feet (200') beyond the end of and at the same elevation as the runway and extending to horizontal distance of five thousand feet (5,000') along the extended runway center line to a width of one thousand two hundred fifty feet (1,250').
AIRPORT HAZARD: Any structure, tree or use of land which exceeds height limits established by the airport imaginary surfaces.
AIRPORT IMAGINARY SURFACES: Those imaginary areas in space which are defined by the airport approach safety zone, transitional zones, horizontal zone, clear zone and conical surface and in which any object extending above these imaginary surfaces is an obstruction.
CLEAR ZONE: Extended from the primary surface to a point where the approach surface is fifty feet (50') above the runway end elevation.
CONICAL SURFACE: Extends one foot (1') upward for each twenty feet (20') outward (20:1) for four thousand feet (4,000') beginning at the edge of the horizontal surface (5,000 feet from the end of the runway at 150 feet above the airport elevation) and upward extending to a height of three hundred fifty feet (350') above the airport elevation.
HORIZONTAL ZONE: A horizontal plane one hundred fifty feet (150') above the established airport elevation, the perimeter of which is constructed by swinging arcs of five thousand feet (5,000') from the center of each of the primary surfaces of each runway and connecting the adjacent arcs by lines tangent to those arcs.
NOISE IMPACT: Noise levels exceeding fifty five (55) Ldn.
PLACE OF PUBLIC ASSEMBLY: A structure or place which the public may enter for such purposes as deliberation, education, worship, shopping, entertainment, amusement, awaiting transportation or similar activity.
TRANSITIONAL ZONES: Extended one foot (1') upward for each seven feet (7') outward (7:1) beginning one hundred twenty five feet (125') on each side of the runway center line (primary surface), which point is the same elevation as the runway surface, and from the sides of the approach surfaces thus extending upward to a height of one hundred fifty feet (150') above the airport elevation (horizontal surface). (Ord. 86, 12-7-1993)
6-3L-4: PERMITTED USES:
A. Farm use, excluding the raising and feeding of animals which would be adversely affected by aircraft passing overhead.
B. Landscape nursery, cemetery or recreation areas which do not include buildings or structures.
C. Roadways, parking areas and storage yards located in such a manner that vehicle lights will not make it difficult for pilots to distinguish between landing lights and vehicle lights or result in glare, or in any way impair visibility in the vicinity of the landing approach. Approach surfaces must clear these areas by a minimum of fifteen feet (15').
D. Pipeline.
E. Underground utility wire. (Ord. 86, 12-7-1993)
6-3L-5: CONDITIONAL USES:
A. A structure or building accessory to a permitted use.
B. A single-family dwelling, when authorized in the primary zoning district, provided the landowner signs and records in the deed and mortgage records of Malheur County a hold harmless agreement and aviation and hazard easement and submits them to the airport sponsor and County Planning Department.
C. Commercial and industrial uses, when authorized in the primary zoning district, provided the use does not result in the following:
1. Creating electrical interference with navigational signals or radio communication between the airport and aircraft.
2. Making it difficult for pilots to distinguish between airport lights or others.
3. Impairing visibility.
4. Creating bird strike hazards.
5. Endangering or interfering with the landing, taking off or maneuvering of aircraft intending to use the airport.
6. Attracting a large number of people. (Ord. 86, 12-7-1993)
6-3L-6: PROCEDURES:
An applicant seeking a conditional use under Section 6-3L-5 of this Chapter shall follow procedures set forth in the urban growth management plan/agreement between the respective city and Malheur County. Information accompanying the application shall also include the following:
A. Property boundary lines as they relate to the airport imaginary surfaces;
B. Location and height of all existing and proposed buildings, structures, utility lines and roads; and a
C. Statement from the Oregon Aeronautics Division indicating that the proposed use will not interfere with operation of the landing facility. (Ord. 86, 12-7-1993)
6-3L-7: LIMITATIONS:
A. To meet the standards and reporting requirements established in FAA Regulations, part 77, no structure shall penetrate into the airport imaginary surfaces as defined above under Section 6-3L-3 of this Article.
B. No place of public assembly shall be permitted in the airport approach safety zone.
C. No structure or building shall be allowed within the clear zone.
D. Whenever there is a conflict in height limitations prescribed by this overlay zone and the primary zoning district, the lowest height limitation fixed shall govern; provided, however, that the height limitations here imposed shall not apply to such structures customarily employed for aeronautical purposes.
E. No glare producing materials shall be used on the exterior of any structure located within the airport approach safety zone. (Ord. 86, 12-7-1993)
6-3M-1: PURPOSE:
The purpose of the EH Overlay District is to protect the public health, safety and environment by regulating future land development and uses of land on or adjacent to potentially hazardous disposal sites. (Ord. 86, 12-7-1993)
6-3M-2: DEFINITIONS:
When used in this Article, the following words and terms shall have the meanings ascribed to them in this Section:
DEQ: The Oregon Department of Environmental Quality.
ENVIRONMENTAL HAZARD NOTICE: A document prepared by DEQ and issued by the Environmental Quality Commission containing:
A. The legal description of the lot or parcel, or lots or parcels, where the potential hazardous site is located;
B. A specific description of the site, if different than the legal description of subsection A of this definition, for which the notice applies;
C. A general map of the area where the site is located;
D. A description of the types of waste and levels of contamination identified or known to be present at the site;
E. The use restrictions that apply to the site; and
F. Findings which support the decision to issue an environmental hazard notice for the site.
POTENTIALLY HAZARDOUS SITE: A site where an alteration could create a condition which is hazardous to the health, safety or welfare.
SITE: A land disposal site, a hazardous waste disposal site, a disposal site containing radioactive waste, or an area where a hazardous substance has been released. (Ord. 86, 12-7-1993)
6-3M-3: APPLICATION OF OVERLAY DISTRICT:
The EH Overlay District shall be applied, or amended to increase or decrease the area of the District, in accordance with the expedited procedures provided in this Article. The criteria for applying or amending the EH Overlay District shall be as follows:
A. The County has received a new or modified environmental hazard notice from DEQ, or absent this notice, the County finds that there is a potentially hazardous disposal site; and
B. The area of the proposed EH Overlay District is the minimum necessary to protect the public health, safety and environment but is not smaller than the site identified in the environmental hazard notice; and
C. The District will minimize development activities and regulate existing or proposed uses which could otherwise increase public or environmental exposure to the potential environmental hazard. (Ord. 86, 12-7-1993)
6-3M-4: EXPEDITED OVERLAY ZONING AMENDMENT PROCEDURE:
A. Purpose: The County Court finds that an expedited overlay zoning amendment procedure is necessary in order to protect the health of present and future generations of Malheur County residents.
B. Emergency Declaration:
1. Declaration: Upon a tentative finding consistent with the criteria in Section 6-3M-3 the County Court may declare an emergency and stay any development or construction permits and activities in the area under consideration for designation with an EH Overlay District.
2. Hearing Date: The County Court shall set a hearing date for the potential adoption of the EH Overlay District within a period of time not greater than twenty one (21) days from the declaration of emergency. Notice of the emergency declaration and the date for considering adoption of the EH Overlay District shall be posted in the Courthouse.
3. Failure To Take Action: If the County Court fails to take some type of specific action on the potential EH Overlay District within twenty one (21) days following the declaration of emergency that declaration of emergency is automatically rescinded.
C. No Emergency Declaration: If no emergency declaration is made by the County Court, the Court shall set a public hearing date and publish that date, time and place in the newspaper at least ten (10) days prior to the hearing and adoption of the EH Overlay District.
D. Effect Of District: Upon passage of the motion to adopt an EH Overlay District, that District shall be immediately in full force and effect.
E. Removal Of District: In order to remove an EH Overlay District, the notice procedure in subsection C hereof shall be used.
F. Notice To DEQ: Notification shall be provided to the Director of DEQ not less than twenty one (21) days before the final date for submission of information to the County regarding the proposed adoption, amendment or removal of the EH Overlay District. If no DEQ comments are received before the final action is taken, DEQ shall be deemed to have no comment on the action.
G. Ordinance Contents: The ordinance applying the EH overlay District to a site shall include conditions or limitations necessary to ensure that existing uses are consistent with the review criteria in Section 6-3M-7 of this Article. (Ord. 86, 12-7-1993)
6-3M-5: PERMIT REQUIREMENTS AND PROCEDURES:
A. Permit Required: Any new use, development or activity or modifications of an existing use, development or activity in the EH Overlay District shall require a permit, unless the Planning Director determines in writing that the use is consistent with the use restrictions in the environmental hazard notice and any other conditions or limitations imposed by the County in applying the EH Overlay District under Section 6-3M-3.
A permit may be issued to cover more than one use or activity and may stipulate conditions which must be met in order for the permit to remain valid and in effect.
B. Application For Permit: A completed permit application, accompanied by any special studies needed to address the applicable review criteria, shall be submitted to the Planning Department.
C. DEQ Notified Of Appointment: In those cases where the proposed use appears to be inconsistent with the use restrictions in the environmental hazard notice for the specific EH District the County shall notify the Director of DEQ by certified mail of the receipt of a permit application in the EH Overlay District at least twenty one (21) days before granting a permit. This notification to DEQ shall include a description of the proposed use, development or activity or modification to an existing use, development, or activity, its location and the name of the local government contact person. If no DEQ comments are received within twenty five (25) days of mailing the notice, DEQ shall be deemed to have no comment on the application.
D. Approval Without Permit: When written approval is issued under subsection 6-3M-4A, without issuance of a permit, a copy of the written approval shall be sent to DEQ within ten (10) days of issuance.
E. Notice To Property Owners: When notice is required by subsection C above, the Planning Department shall also provide written notification to all owners of property within two hundred fifty feet (250') of the identified site referenced in the application and to all other persons requesting such notice in writing.
F. Processing Applications: In addition to the above procedures, all applications except those given written approval under subsection A hereof, shall be processed in accordance with the site plan review procedures, Section 6-3M-7 of this Article.
G. Validity And Expiration Of Permit: The permit shall be valid for twelve (12) months from the date of issuance. If no activity occurs in reliance on the permit within twelve (12) months, it will be deemed null and void. (Ord. 86, 12-7-1993)
6-3M-6: RELATIONSHIP TO UNDERLYING DISTRICT:
All uses and activities allowed in the EH Overlay District shall be the same as those allowed in the underlying zoning districts except as otherwise limited or prohibited by this Title. Where the regulations of uses and activities in an underlying district conflict with that of the EH Overlay District, the more restrictive provisions shall apply. (Ord. 86, 12-7-1993)
6-3M-7: PERMIT REVIEW CRITERIA:
All of the following criteria shall be satisfied before approving any permit in the EH Overlay District. Approval of the proposed permit:
A. Will not cause or create any conditions which, if not controlled, would likely result in the failure of the final cover, liners or any of the other components of the site's containment and monitoring system; and
B. Will not increase the potential hazard to human health, safety or the environment, or is necessary to reduce the overall threat to human health or the environment; and
C. Has been modified to the extent necessary to address any concerns raised by DEQ pursuant to notice provided by DEQ under Section 6-3M-5 of this Article; and
D. Is consistent with the use restrictions in the DEQ environmental hazard notice, if one was issued. (Ord. 86, 12-7-1993)
6-3M-8: CONDITIONS:
In applying the EH Overlay District or approving a permit in the EH Overlay District, the County shall impose conditions requiring compliance with the use restrictions in the DEQ environmental hazard notice, if one was issued.
In applying the EH Overlay District or approving a permit for a use in the EH Overlay District, the County may impose additional conditions deemed reasonable and appropriate for protecting public health, safety and the environment. These conditions may be based upon, but are not limited to:
A. The findings or recommendations of any special studies pertaining to the property required by the County;
B. Comments or recommendations provided by DEQ under Section 6-3M-5 of this Article;
C. Comments or recommendations submitted by the public or other governmental agencies; or
D. The review criteria contained in Section 6-3M-7 of this Article. (Ord. 86, 12-7-1993)
6-3M-9: DISCLAIMER OF LIABILITY:
A. The degree of protection required by this Chapter is considered reasonable for regulatory purposes. Risks to public health, safety and the environment may result due to unanticipated human caused or natural events which may disturb or affect the integrity of the site.
B. This Article does not imply that uses or activities allowed under the EH Overlay District will be free from risk or hazard from identified sites. Similarly, this Article does not imply that there are no other potentially hazardous sites outside of the area covered by the EH Overlay District.
C. This Article shall not create liability on the part of the County or its employees for any hazard or damage which may result from reliance on the EH Overlay District or any other decision lawfully made thereunder. (Ord. 86, 12-7-1993)
6-3N-1: PURPOSE AND INTENT:
A. The County Court and the Planning Commission have adopted a resolution stating general public policy surrounding the initiation of geothermal development within this County. This policy is interim in nature in that it calls for the development of a general plan for the total development of the geothermal resource within the County. In addition, this policy provides for the initiation of geothermal development by allowing various agencies, both public and private, to commence their own initial development projects.
B. It is the intent of this policy to encourage exploration and development projects and to increase the store of knowledge surrounding this resource. It is also the intent of this policy that there be coordination of existing and anticipated data so that the end result may be general planning that will provide for the optimum development of the available resource.
C. The Geothermal Overlay Zone covers all land within Malheur County. It does not allow commercial or industrial development of the resource which is not consistent with the primary zone classification.
D. In many areas of the State, the geothermal resources are under study and in one area are already producing energy for heating. Current explorations in most areas are pointed chiefly at the energy field and property so as there is much need for a clean source of energy for the development of electrical power. However, it must not be overlooked that there is a possibility for a new source of potable water and mineral recovery. Additional research is needed in all fields if this geothermal resource is to be developed to its ultimate.
E. The early studies show that much of the geothermal resource in this area lies below the floor of the Malheur and Willow Creek Valley. This Valley is a major agricultural area and its preservation is necessary for the continued economy of the County and to provide food and fibre for the populace.
F. The University of Oregon and other State agencies, several Federal agencies, most prominently the Department of the Interior, and industry are all involved in research and study programs surrounding the development of this geothermal resource. Many industries have stated their desire to continue to explore and begin production of the resource.
G. It is recognized that a general plan providing for total development of the resource is needed but that it cannot be a comprehensive general plan without the input of additional research and data.
It is, therefore, the intent of this policy to allow for the complete development of a series of initial projects in addition to exploratory well drilling and testing. To accomplish this, the following are terms and conditions designed: a) to allow these initial developments; b) to provide for the optimum use of the land; c) to protect the environment; and d) to provide for cooperation in the development of a comprehensive general plan for geothermal development through application of this Overlay Zoning district. (Ord. 86, 12-7-1993)
6-3N-2: DEFINITIONS:
When used in this Article, the following words and terms shall have the meanings ascribed to them in this Section:
EXPLORATORY GEOTHERMAL WELL: Includes the right to explore for the test geothermal resource within an area designated by the Planning Commission.
G-ZONE: Geothermal Development Zone is a land classification zone overlay permitting additional uses within other zones including geothermal well operation (after obtaining a conditional use permit or other permit applicable to the primary zone).
GEOTHERMAL PRODUCTION PROJECT: Includes the right to explore for, test product, process, transport and sell geothermal resources and by-products such as electrical power.
OPERATOR: Any person, firm or corporation drilling, maintaining, operating, pumping or in control of any well or related facilities for power generation, mineral extraction, desalination or any other use of geothermal resources.
PERMIT FOR GEOTHERMAL DEVELOPMENT PROJECT: A conditional use permit to produce geothermal well or wells in EFU, ERU, EFFU, RSC, M-1 and M-2 Zones.
PERMIT FOR GEOTHERMAL EXPLORATORY WELL: A permit allowable in all zones within the County.
TEST FACILITIES: Lines, pumps, separators, metering facilities, ponds and sumps used during the testing of an exploratory geothermal well or injection well. (Ord. 86, 12-7-1993)
6-3N-3: SCOPE OF TERMS AND CONDITIONS:
The terms and conditions prescribed shall be for a particular project and will pertain to that project only. Future projects may receive additional and/or different terms and conditions. (Ord. 86, 12-7-1993)
6-3N-4: COMPLIANCE REQUIRED:
A. Procedures And Standards: All applicants will be required to comply with governmental procedures and standards applicable to the particular phase of work.
B. Law: The operator engaged in the drilling, production, maintenance and abandonment of geothermal wells and related facilities including the disposal of waste products shall comply with all applicable local, State and Federal laws and ordinances in effect or subsequently duly enacted.
C. General Compliance: All well drilling, plant construction, testing and operations shall be conducted so as to be in harmony with the area and not conflict with the public health, safety, comfort, convenience and general welfare.
D. Commencement Of Work: Prior to commencing any operation, all governmental conditions and standards applicable to the particular phase of work contemplated shall be complied with.
E. Application Reservation: The Planning Commission reserves the right following rezoning to deny an application for development if it will not be compatible with the area or that, in its findings, some of the terms and conditions are not met satisfactorily. (Ord. 86, 12-7-1993)
6-3N-5-1: PROPOSAL:
A definite detailed proposal for a geothermal development project shall be submitted in accordance with the procedures and standards. This proposal shall include geologic and engineering evidence that gives reasonable assurance of success. This information may then serve as the basis for attaching this Geothermal Overlay Zone to the property or portion thereof where development of the resource is proposed. (Ord. 86, 12-7-1993)
6-3N-5-2: GEOTHERMAL PRODUCTION PROJECT:
A. To obtain a geothermal production project permit, an operator must submit the following to the Planning Department for placement upon the Planning Commission agenda:
1. A rezoning application for the Geothermal "G" Overlay Zone if necessary.
2. A permit application for a geothermal exploratory well or copy of existing permit.
3. A conditional use permit application for a geothermal production project.
B. As a part of the application, the operator must submit to the Planning Commission for its approval a definite proposal for total development which includes the following data but is not limited to:
1. Name, location, elevation of well or wells to be drilled.
2. Name, address and telephone number of the operator's designated agent.
3. A surface plat of the property to be developed including:
a. Surface location sites of the proposed well, including the size and shape of location and access roads;
b. North arrow, scale, date and contours of land where the grade exceeds two percent (2%);
c. The locations of existing roads, waterways, and cultural features including the present use of the property to be developed, and use of the surrounding property;
d. The boundary of the parcel to be explored;
e. The location of test facilities including complete engineering data concerning any holding pond or reservoir proposed in conjunction with testing and waste discharge requirements; and
f. A tentative plan showing the size and location of power generation, mineral extraction, desalination and other surface facilities including their relationship to known active faults.
4. A general geologic and engineering presentation showing enough data to demonstrate that the area contains geothermal resources.
5. A timetable showing a schedule of projected development.
6. Proof that the program for well or wells has been approved by the State Division of Oil and Gas and that all test and waste discharge operations have been filed with the Oregon Department of Environmental Quality.
7. Submit for approval any additional anticipated land use needs such as extra facilities and proposed sites for new industry. (Ord. 86, 12-7-1993)
6-3N-5-3: PUBLIC HEARING:
Upon receipt of applications and the required secondary information, the County Planning Department will set a public hearing for the Planning Commission, notify appropriate property owners, agencies and individuals of said hearing. Planning Commission will consider testimony of all interested parties and then take appropriate action on the various applications. (Ord. 86, 12-7-1993)
6-3N-5-4: CONDITIONS OF PERMITS; EXPIRATION:
All permits shall contain terms and conditions. Abandonment of a project for six (6) months shall cause the permit then in effect to expire and to become null and void. (Ord. 86, 12-7-1993)
6-3N-6: BOND AND INSURANCE REQUIREMENTS:
A. Bond: Each operator of a geothermal production project and/or exploratory geothermal well shall file and furnish with the County an indemnity bond in the sum of fifty thousand dollars ($50,000.00) for each well drilled or abandoned well re-entered or a blanket bond in the sum of one hundred fifty thousand dollars ($150,000.00) for any number of wells drilled or re-entered. The bond will indemnify the County for any costs incurred by the County in repairing any drill, test or production facility site, as near as possible to its original state and in abating any public nuisance caused by the principal's exploratory, testing or producing operations. This bond shall be submitted for approval of the County Counsel.
B. Insurance: Before commencing or continuing any geothermal operations, the owner or operator shall show the County Counsel continuing evidence of insurance against liability in tort in a minimum amount of one million dollars ($1,000,000.00) arising from the production activities or operations incidental thereto conducted or carried on under, or by virtue of any law or ordinance. Such insurance shall be kept in full force and effect during the period of such operations. (Ord. 86, 12-7-1993)
6-3N-7: PREMISES CONDITIONS AND STANDARDS:
A. Cleanup: Upon completion of any phase of the project, the site shall be cleaned up in accordance with the standards, and insofar as practical, the land returned to its original condition.
B. Waste Disposal: All waste, whether liquid or solid, must be disposed of in compliance with the existing County, State and Federal rules and regulations.
C. Noise And Vibration Suppression: The operation of temporary or permanent equipment and all other operation performed on the premises shall be done in a manner so as to suppress all noise and vibration to an acceptable level.
D. Electronic Interference: No operator shall operate electrical equipment or transmission facilities that will have a detrimental effect on the transmission of radio or television signals.
E. Air Pollution: All operations shall be conducted in compliance with the requirements of the Oregon Department of Environmental Quality.
F. Aesthetic Requirements: All permanent installation and premises including power, steam and/or fluid transmission lines, shall be harmonious in appearance with the area and not of obnoxious, undesirable or unsightly appearance as determined by the Planning Director.
G. Land Use: Site development plan and land use shall provide for maximum surface land usage including preservation of productive farm land and shall be in accordance with the standards as determined by the Planning Director.
H. Odor And Gas Control: All operators shall take steps to insure that no harmful or obnoxious gases be released as a result of their operations. (Ord. 86, 12-7-1993)
6-3N-8: PUBLIC ACCESS FACILITIES:
If location or site of the proposed project is such as to require additional public access facilities, the operator shall be required to provide where necessary, rights of way on property he controls and to provide the necessary road work. (Ord. 86, 12-7-1993)
6-3N-9: OPERATION PERSONNEL:
All development operations shall be conducted under the direction of a responsible engineer or agent. The operator shall insure that a maintenance crew is immediately available to insure compliance with the conditions and standards required. (Ord. 86, 12-7-1993)
6-3N-10-1: PLANNING STANDARDS:
A. Size: All geothermal drilling sites including test facilities and ponds shall be as small as possible and in no case larger than five (5) acres on arable land. Exceptions will be allowed if two (2) or more wells are drilled on the same site.
B. Agricultural Preservation; Well Density: Every site shall be designed to retain the maximum amount of usable agricultural land and the site shall not interfere with the irrigation and drainage pattern. Drill sites shall be constructed adjacent to existing roads insofar as possible. Well density shall be justified and in accordance with good reservoir engineering practices.
C. Location Of Wells And Appurtenances:
1. Unless specifically waived by the Planning Commission where legally permissible, the following minimum distances shall be observed in siting a well:
Feet | |
Feet | |
Outer Boundary of Parcel | 100 |
Permanent Public Waterway | 50 |
Public Roads | 100 |
Residence | 300 |
School | 1,320 |
Hospital | 5,280 |
Any other development | 500 |
2. Production facilities shall, where possible, be located in centralized areas to serve the maximum number of wells. These shall include but are not limited to power plants, extraction plants and separators.
3. All electrical transmission lines shall be constructed on existing right of way whenever possible.
D. Ponds: The plans for all permanent sumps, brine ponds, waste holding ponds and any other ponds, shall include a soils investigation and shall be designed and constructed under the supervision of a registered civil engineer. The following are considered minimum criteria:
1. Pond bottoms and dikes shall be either impervious or shall be lined to prevent seepage;
2. Earthen dikes shall be three to one (3:1) slopes;
3. Dikes shall be designed to provide three feet (3') freeboard when at design capacity;
4. Plan should minimize wave and wind erosion; and
5. Protect from any flood hazard.
The plans shall be submitted to the County for approval.
E. Plot Plan: A reproducible copy of the plot plan shall be submitted on suitable material. It shall be eighteen inches by twenty six inches (18" x 26") with an appropriate scale and shall be prepared in accordance with good engineering and drafting techniques. It shall show all existing topography and facilities and shall clearly show proposed development. (Ord. 86, 12-7-1993)
6-3N-10-2: DRILLING STANDARDS:
A. General Drilling Standards:
1. Sign: All geothermal well sites shall have a sign having a surface of not less than two (2) square feet and not more than six (6) square feet bearing the current name and number of the well; emergency telephone number of agent; name and/or insignia of the operator and the owner and this sign shall be displayed at all times from the commencement of drilling operations until the well has been abandoned.
2. Noise:
a. Each operator shall limit the continuous generation of wide band noise to that shown on the charge. The level shown may be exceeded by ten percent (10%) if the noise is intermittent and during daylight hours. The noise levels shall be measured at the parcel boundary.
b. Sound pressure levels shall be measured at the points specified and shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the United States of America Standards Institute.
c. The following graph shall conform to standard units of measurement in accordance with United States of America Standards Institute Code, S-1.11-1966, Appendix A.
3. Drilling Wastes: Within sixty (60) days after the completion of the drilling of a well, all drilling wastes must be removed from the drilling site and disposed of, in accordance with County and State regulations.
4. Sanitary Facilities: Suitable and adequate sanitary facilities as approved by the Malheur County Department of Environmental Health shall be installed and maintained in a clean and sanitary condition at all times.
5. Drilling To Continue; Completion: Drilling operations shall be diligently pursued until each well is completed or abandoned. All drilling equipment including derrick shall be removed from the premises within sixty (60) days after completion of any well.
6. Abandonment Of Drilling Site: Prior to abandonment, it shall be the responsibility of the operator to comply with all regulations of the geothermal resources law of the State in regards to subsurface sections. In addition, the following surface requirements are imposed. These surface requirements shall also apply when the well or wells go on production and auxiliary facilities are no longer necessary:
a. The derrick and all appurtenant equipment thereto shall be removed;
b. All tanks, towers, other surface installations shall be removed;
c. All concrete, pipe, wood or other foreign materials shall be removed from the drill site to a depth of six feet (6') below grade;
d. All holes and depressions shall be filled and packed with native earth. All waste material shall be removed from the drill site;
e. In agriculture or potential agriculture areas, any brine holding ponds shall be purged of brine, the salts shall be removed from the dikes and bottom and the berms leveled to the satisfaction of the County.
B. Additional Drilling Standards Applicable To Sites Within One-Half Mile Of A Residence:
1. Hours Of Operation:
a. All work in preparation of the site for drilling shall be done between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.
b. The delivery or removal of equipment or material shall be limited to the hours from seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M., except in the case of emergencies.
c. No drill pipe shall be racked or made up except between the hours of seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Exception to this is allowed where soundproofing is provided or in case of emergency.
2. Fences: All unattended well sites shall be enclosed by a steel chain link type fence, six feet (6') high. There shall be no opening below such fence greater than four inches (4"). The gate shall be placed at a nonhazardous location and shall be locked at all times.
3. Noise Control:
a. The Department of Environmental Quality shall direct which noise level curve as shown on the chart shall apply. Each operator shall limit the continuous generation of wide band noise to that required. The level may be exceeded to ten percent (10%) for any one occurrence if the noise is intermittent and during daylight hours.
b. Sound pressure levels shall be measured at the points specified and shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the United States of America Standards Institute.
c. The following graph shall conform to standard units of measurement in accordance with United States of America Standards Institute Code, S-1.11-1966, Appendix A.
4. Off-Street Parking: Off-street parking shall be provided with not less than five (5) spaces for each well site.
5. Lighting: All lights shall be directed or shielded so as to confine the direct rays to the site.
6. Dust And Mud: The drilling site shall be treated to eliminate dust and mud.
7. Twenty Four Hour Drilling: Drilling may be on a twenty four (24) hour basis providing above is met. (Ord. 86, 12-7-1993)
6-3N-10-3: PRODUCTION STANDARDS:
A. General Production Standards:
1. Compliance With Drilling Standards: All requirements imposed by the drilling standards of Section 6-3N-10-2 of this Article shall remain in effect.
2. Building Permit: All construction work will require a building permit. The fees and procedures will be based on the current Building Code adopted by the State of Oregon.
3. Construction Plans: All construction plans shall be prepared in accordance with the architectural design requirements of Malheur County.
4. Noise Control: Continuous and intermittent sound shall be controlled to the levels listed under subsection 6-3N-10-2B3a of this Article, Drilling Noise Standards for Class 1.
5. Benchmark: The operator shall install a minimum of one permanent benchmark per well as directed by the County Surveyor in order to participate in the subsidence detection program. The benchmark shall be constructed of concrete and firmly set. A brass cap as furnished by the County Surveyor shall be placed in the monument. The operator shall tie this benchmark into the nearest point of the USGS level net by first order leveling techniques.
6. Power Lines: Power lines shall be constructed on existing power right of ways where possible. Efforts shall be made to share existing facilities. Any new power line installations shall conform with County optimum land use and aesthetic requirements.
7. Paved Roads And Parking Areas: All on-site roads and parking areas shall be paved. On-site parking shall be provided for all employees, customers or clients.
8. Landscaping Shrubs: Shrubs, trees and ground cover shall be planted and maintained to complement the appearance of the project where soil conditions permit.
B. Additional Production Standards Applicable To Sites Within One-Half Mile Of A Residence:
1. Compliance With Drilling Standards: All applicable requirements imposed by the drilling standards of Section 6-3N-10-2 of this Article shall remain in effect.
2. Collection Pipelines: All off-site collection pipe lines shall be buried and shall utilize and share existing dedicated right of ways. On-site collection pipe lines shall be painted and/or landscaped to blend with the environment. (Ord. 86, 12-7-1993)
6-3N-11: PARTICIPATION IN SUBSIDENCE PREVENTION AND DETECTION PROGRAM:
Any operator of a geothermal production project shall participate in a geothermal subsidence prevention and detection program developed by the County, State or Federal government. (Ord. 86, 12-7-1993)
6-3N-12: INSPECTIONS; ENTRY POWERS:
The County reserves the right to enter the premises under the control of the operator of any geothermal operation to make appropriate inspections to determine if the conditions of this policy are being fulfilled. (Ord. 86, 12-7-1993)
6-3O-1: PURPOSE:
To provide interim rural residential land use and development standards within the city of Ontario's urban reserve area until such time as the land is included within Ontario urban growth boundary. These regulations are intended to apply to lands within the county zoned rural residential and within Ontario's urban reserve area. They are intended to facilitate urban level development and the efficient provision of urban services in the future. Rural residential land uses allowed by the underlying county rural residential zone shall continue to be permitted, subject to additional development standards set forth in this article. (Ord. 167, 10-24-2007)
6-3O-2: DEFINITIONS:
6-3O-3: PERMITTED AND CONDITIONAL USES:
Permitted and conditional uses and their accessory uses in the underlying county rural residential zone shall be allowed, subject to additional interim development standards set forth in section 6-3O-5 of this article. (Ord. 167, 10-24-2007)
6-3O-4: CITY STREETS AND PUBLIC FACILITIES MASTER PLAN:
The city's "streets and public facilities master plan" shall be used by the county in reviewing land use applications within the URA overlay zone. To be deemed complete, the application must show the location of planned facilities on the subject property and on adjacent properties. (Ord. 167, 10-24-2007)
6-3O-5: INTERIM DEVELOPMENT STANDARDS:
In addition to the applicable lot size and siting standards of the underlying county rural residential zone, the following siting standards shall apply to all uses and developments in the URA overlay zone. These standards shall control if there is a conflict between these standards and the standards in the underlying rural residential zone.
A. The minimum lot size standard for development shall be five (5) acres. However, lots and parcels, or a combination of the same under one ownership, legally existing as of the effective date of this provision that are less than five (5) acres in size may be utilized for any use allowed in the URA overlay zone, subject to the provisions of the underlying rural residential zone.
B. Any proposal for land division or the siting of a new residence must meet the following requirements:
1. Parcel size and configuration must allow future urban development of the subject property and adjacent properties assuming a minimum lot size of eight thousand (8,000) square feet and eighty foot (80') lot frontages, and must not impede future development or division of any new parcels or of adjacent properties.
2. The proposed development shall be compatible with the city's "streets and public facilities master plan". Improvements shall not be placed in the path of planned streets or utility rights of way and shall be set back a minimum of twenty feet (20') from planned right of way locations.
3. The applicant shall enter into an agreement with the city to dedicate all needed right of way for streets or any other easements such as utilities, etc., prior to annexation to the city in the future.
4. Provision of city water or sewer service shall not be permitted until the property is within the city's urban growth boundary. (Ord. 167, 10-24-2007)
6-3P-1: PURPOSE:
The URA urban reserve area zone implements the Malheur County comprehensive plan for those areas designated as urban reserve. The URA maintains lands for rural uses in accordance with state law, but in a manner that ensures a range of opportunities for the orderly, economic, and efficient provision of urban services when these lands are included in the Ontario urban growth boundary. The urban reserve area applies to all lands within the Ontario urban reserve area except those with an underlying county zone of rural residential. (Ord. 167, 10-24-2007)
6-3P-2: PERMITTED USES:
Uses permitted outright in the URA shall be those identified in the underlying zoning district. (Ord. 167, 10-24-2007)
6-3P-3: CONDITIONAL USES:
Uses permitted conditionally in the URA shall be those identified as conditional uses in the underlying zoning districts. Conditional uses shall be subject to all conditions of those zones. (Ord. 167, 10-24-2007)
6-3P-4: LIMITATIONS FOR FUTURE URBAN DEVELOPMENT:
A. Zone changes and plan amendments that propose more intensive uses, including higher residential density, than currently allowed are prohibited.
B. The creation of new parcels shall not be less than five (5) acres.
C. City water and sewer services shall not be permitted until the property is within the city's urban growth boundary. (Ord. 167, 10-24-2007)
6-3P-5: FARMLAND:
Land that is zoned EFU and included in the URA shall continue to be planned and zoned for permitted and conditional uses consistent with statewide planning goal 3, agriculture lands. (Ord. 167, 10-24-2007)