A use not listed in this title may be permitted, provided the use is of the same general type as the uses expressly permitted in the zone in which the use is to be established. (Ord. 86, 12-7-1993)

   A.   An accessory use shall comply with all requirements for a principal use, except as this title specifically allows to the contrary.

   A.   Purpose: A temporary use permit is to allow, on a temporary basis, structures, activities or uses that are temporary or seasonal in nature. No temporary use permit shall be issued that would have the effect of permanently rezoning or granting a special privilege not shared by other properties in the same zone. Temporary contractor yards and temporary gravel pit, crushing and asphalt mixing sites are examples of uses that may be approved by the planning director or may be referred by the director to the planning commission.

   B.   Criteria For Temporary Permit: A temporary permit shall be approved, denied or conditionally approved upon a finding that the proposed structure, activity or use:

      1.   Will not be contrary to the public interest or the intent and purpose of this section and the particular zone involved;

      2.   Will not cause a substantial adverse effect upon property values or environmental conditions in the immediate vicinity or in the zone in which the property of the applicant is located;

      3.   Is requested under such circumstances or conditions that are not the result of any act of the applicant subsequent to the adoption of the particular zoning regulations from which relief is sought; and

      4.   Will relate only to property that is under control of the applicant.

   C.   Conditions For Temporary Permit: Reasonable conditions may be imposed by the planning director or commission 1 in connection with the temporary permit as necessary to meet the purposes of the applicable zone. Guarantees and evidence may be required that such conditions will be or are being complied with. Any temporary permit shall clearly indicate the time period for which the permit is issued, not to exceed two (2) years. No temporary permit shall be transferable to any other owner or occupant, but may be renewable upon the approval of the planning commission.

   D.   Application Procedure: An application for a temporary permit shall be made to the planning department on a form prescribed by this title, together with a letter of intent. The application will be processed according to chapter 9 of this title. (Ord. 86, 12-7-1993)

   A.   Criteria For Farmstead Lots: A parcel with a principal dwelling may be partitioned to create a farmstead lot on which the principal dwelling remains, provided that:

      1.   The farmstead lot created to accommodate the principal dwelling may include up to two (2) acres. Depending on soil conditions, topography, or other unique circumstances, a larger area may be partitioned.

      2.   No new dwelling shall be placed on the remaining parcel unless it complies with the dimensional standards set forth in subsection 6-3A-4A of this Title.

      3.   If the remaining parcel is provided with a dwelling in compliance with this Title, it will not be eligible for further partitioning under these farmstead lot provisions for a period of ten (10) years.

      4.   The following criteria are met and no objector convincingly establishes that the creation of a farmstead lot does not meet the following criteria:

The use is compatible with farm uses; it does not interfere with accepted farming practices on adjacent lands; it does not materially alter the stability of the overall land use pattern of the area; and it is situated on generally unsuitable land for the production of farm crops or livestock considering the terrain, adverse soil or land conditions, drainage and flooding, location and size of tract.

      5.   The creation of the farmstead lot will subject it to the provisions of ORS 308.370, which may require removal from farm use assessment to a nonfarm use assessment.

   B.   Procedure For Authorization: The procedure for authorization of a farmstead partition shall be as follows:

      1.   The property owner shall file a notice of intent to create a farmstead lot, using forms provided by the Planning Department.

      2.   The applicant shall pay a filing fee as prescribed pursuant to subsection 6-9-5B of this Title.

      3.   Within ten (10) working days of filing, the Planning Director shall circulate notice of the pending application in the following manner:

         a.   By publication in at least one newspaper of general circulation published in the County; and

         b.   By individual notice mailed to all record owners of real property within two hundred fifty feet (250') of the parent parcel for which the application has been made.

      4.   The notice shall contain a brief description of the application and the period, not less than ten (10) or more than thirty (30) days, within which written objections and/or requests for a hearing are required to be submitted to the Planning Department.

      5.   Within ten (10) working days of receipt of written objections and/or requests for a hearing, the Planning Director shall schedule a hearing before the County Court, prepare a staff report and provide notice pursuant to Section 6-10-3. The County Court shall hold the public hearing and make findings as provided in Section 6-10-8.

      6.   If no written objections and/or requests for a hearing are received within the time prescribed, the Planning Director shall provide the applicant with written notice of the decision. That decision may be appealed as provided in Chapter 13 of this Title. (Ord. 86, 12-7-1993)

   A.   Definition: A clear vision triangle at the intersection of two (2) vehicular travelways shall be that area formed when a specified distance is measured along each property line or property line and edge of driveway beginning at the corner of the intersection, and then sighting a line between the ends of these measured distances thus forming a triangle.

Specified dimensions of clear vision triangles are the following:

      1.   Intersection of driveway and street, road or highway: thirty feet (30') along street, road or highway and ten feet (10') along driveway.

      2.   Intersecting streets or roads: thirty feet (30') and thirty feet (30').

      3.   Intersecting street or County road and U.S. highway or State highway: forty feet (40') along highway and thirty feet (30') along street or road.

   B.   Protection Of Vision Areas: It is the intent of this provision to protect the vision areas at intersecting travelways and driveways without requiring a topographic survey of the clear vision triangle. To effect this intent, the judgment of the planning director or his designate shall prevail unless the owner of the property can demonstrate with a string line or a written statement from a licensed land surveyor an error in the estimated height of the topography where the sign or vegetation is proposed.

   C.   Vegetation: Within a clear vision triangle, vegetation, other than trees and signs, shall not exceed two and one-half feet (21/2') in height where topography is approximately flat. If topography rises, allowable sign and vegetation height reduces accordingly.

   D.   Trees: Trees are permitted within the clear vision triangle, provided they are pruned in such a way that the mass of sight obscuring foliage or needles are ten feet (10') or higher above the clear vision triangle. (Ord. 86, 12-7-1993)

   A.   Residential homes shall be permitted in the same manner that single-family dwellings are permitted under this title. For the purposes of this title the term "dwelling" or "single- family dwellings" shall be synonymous with term "residential home".

   B.   Residential facilities shall be permitted in the same manner that multi-family dwellings are permitted under this title. For the purpose of this title the term "multi-family dwellings" shall be synonymous with term "residential facility".

   C.   In any application for a residential home or residential facility, the applicant shall not be required to supply any information concerning the existence of or the nature or severity of any handicap (as the term is defined under the fair housing act) of the prospective residents. (Ord. 86, 12-7-1993)

   A.   A land use permit is required for mining more than one thousand (1,000) cubic yards of material or excavation preparatory to mining of a surface area of more than one acre.

   B.   A permit for mining of aggregate shall be issued only for a site included on an inventory in the Malheur County comprehensive plan. (Ord. 86, 12-7-1993)

   A.   Permitted Improvements: The following transportation improvements shall be permitted outright in all zoning districts other than EFU (exclusive farm use zone), ERU (exclusive range use zone) EFFU (exclusive farm-forest use zone):

      1.   Normal operation, maintenance, repair, and preservation activities of existing transportation facilities.

      2.   Installation of culverts, pathways, medians, fencing, guardrails, lighting, and similar types of improvements within the existing right of way.

      3.   Projects specifically identified in the transportation system plan as not requiring further land use regulation.

      4.   Landscaping as part of a transportation facility.

      5.   Emergency measures necessary for the safety and protection of property.

      6.   Acquisition of right of way for public roads, highway, and other transportation improvements designated in the transportation system plan except for those that are located in exclusive farm use or forest zones.

      7.   Construction of a street or road as part of an approved subdivision or land partition approved consistent with the applicable land division ordinance.

   B.   Conditional Improvements: The following transportation improvements may be established as a conditional use in all zoning districts other than EFU (exclusive farm use zone), ERU (exclusive range use zone), EFFU (exclusive farm-forest use zone) when authorized in accordance with chapter 7 of this title:

      1.   Construction, reconstruction or widening of highways, roads, bridges or other transportation projects that are: a) designated in the transportation system plan but for which no site specific decisions have been made or b) not designed and constructed as part of a subdivision or planned development subject to the site plan and/or conditional use review. These projects shall comply with the transportation system plan and applicable standards, and shall address the following criteria. For state projects that require an environmental impact statement (EIS) or EA (environmental assessment), the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:

         a.   The project is designed to be compatible with existing land use and social patterns, including noise generation, safety, and zoning.

         b.   The project is designed to minimize avoidable environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities.

         c.   The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.

         d.   Project includes provision for bicycle and pedestrian circulation as consistent with the comprehensive plan and other requirements of this title.

      2.   Construction of rest areas, weigh stations, temporary storage, and other transportation related sites.

      3.   Other transportation improvements deemed by the county engineer as appropriate and consistent with the adopted Malheur County transportation system plan and Malheur County comprehensive plan.

      4.   If review under this section indicates that the use or activity is inconsistent with the transportation system plan, the procedure for a plan amendment shall be undertaken prior to or in conjunction with the conditional permit review.

   C.   Time Limitation On Transportation Related Conditional Use Permits: Authorization of a conditional use for a transportation project permitted pursuant to subsection B of this section shall be void after a period specified by the applicant as reasonable and necessary based on season, right of way acquisition, and other pertinent factors. This period shall not exceed three (3) years. (Ord. 125, 6-20-2000)

   A.   The Malheur County planning director may allow the establishment of a single-family dwelling on a lot or parcel located within an exclusive farm use zone, exclusive range use zone or exclusive farm-forest use zone as set forth in this section and ORS 215.710(1), (5) and (6), after the director has notified the county assessor that the dwelling will be allowed. A dwelling under this section may be allowed if:

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

         a.   Prior to January 1, 1985; or

         b.   By devise or by interstate succession from a person who acquired the lot or parcel prior to January 1, 1985.

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

      3.   The proposed dwelling is not prohibited by, and will comply with, the requirements of the Malheur County comprehensive plan, this code and other provisions of law.

      4.   The lot or parcel on which the dwelling will be sited, if zoned for farm use, is not on that high value farmland described in ORS 215.710 except as provided in subsections B and C of this section.

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

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

   B.   1.   Notwithstanding the requirements of subsection A4 of this section, a single-family dwelling not in conjunction with farm use may be sited on high value farmland if:

         a.   It meets the other requirements of ORS 215.705 to 215.750 that apply to Malheur County;

         b.   The lot or parcel is protected as high value farmland as described under ORS 215.710(1); and

         c.   Malheur County planning commission determines that:

            (1)   The lot or parcel cannot practicably be managed for farm use, by itself or in conjunction with other land, due to extraordinary circumstances inherent in the land or its physical setting that do not apply generally to other land in the vicinity.

            (2)   The dwelling will comply with the provisions of ORS 215.296(1).

            (3)   The dwelling will not materially alter the stability of the overall land use pattern in the area.

      2.   The Malheur County planning department shall provide notice of all applications for dwellings allowed under this subsection to the state department of agriculture. Notice shall be provided in accordance with the county's land use regulations but shall be mailed at least twenty (20) calendar days prior to the public hearing before the planning commission.

   C.   For the purposes of subsection A1 of this section, "owner" includes the wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild, grandparent or grandchild of the owner or a business entity owned by any one or combination of these family members.

   D.   When an application for a single-family dwelling under the provisions of this section are approved, the application may be transferred by a person who has qualified under this section to any other person after the effective date of the land use decision. (Ord. 145, 4-14-2004)

   A.   Installation of a "residential trailer", as defined in section 6-1-3 of this title, which was not previously placed in the county and not on the county assessment rolls since 2003 shall not be installed in the county.

   B.   Installation of a "mobile home", as defined in section 6-1-3 of this title, which was not previously placed in the county and not on the county assessment rolls since 2003 shall not be installed in the county.

   C.   Residential trailers and mobile homes, as defined in section 6-1-3 of this title, currently placed in the county and on the county assessment rolls since 2003 may continue to be used as residential structures and can be moved within the county and receive building permits.

   D.   Manufactured dwellings, as defined in 6-1-3 of this title, which are currently placed or new to the county and in compliance with federal manufactured dwelling construction and safety standards (24 CFR section 3280) can be issued building permits.

   E.   Except for on lands zoned industrial, residential trailers, mobile homes and manufactured dwellings shall not be stored in the county. (Ord. 147, 4-14-2004)