A conditional use is a use of land expressly authorized if the general and specific criteria set forth in this chapter are met. The applicant for the conditional use must show that the use will not create problems that call for denial or special conditions. The use should be in character with existing development in the zone and approval may be conditioned with requirements which are intended to make the use and the facilities it requires an asset to the area. Public notice and hearings procedure is contained in chapter 10 of this title. (Ord. 86, 12-7-1993)

Ex parte contact is discouraged because of the severe consequences it can have for all persons involved. However, no decision or action of the planning commission or the county court shall be invalid due to ex parte contact or bias resulting from ex parte contact with a member of the decision making body, if the member of that body receiving the contact:

   A.   Places on the record the substance of any written or oral ex parte communications concerning the decision or action; and

   B.   Has a public announcement of the content of the communication and of the party's right to rebut the substance of the communication made at the first hearing following the communication where action will be considered or taken on the subject to which the communication related. (Ord. 86, 12-7-1993)

Pursuant to ORS 215.416 and 215.223, a notice shall be given to the owner of an airport when a proposed development will have structures in excess of thirty five feet (35') in height located within five thousand feet (5,000') of the side or end of a "visual airport" or ten thousand feet (10,000') of the side or end of an "instrument airport". (Ord. 86, 12-7-1993)

Conditional uses listed in this title may be permitted, enlarged or altered upon authorization by the planning commission in accordance with the criteria and procedures set forth in this chapter and in the article for the specific zone in which the conditional use is to be established. (Ord. 86, 12-7-1993)

The application forms shall contain instructions which are substantially the same as the following:

   A.   Conference: A preapplication conference with the planning director is necessary. This is usually a very informal meeting or discussion during which the applicant explains his proposal in detail. The planning director can then assist the applicant by explaining difficulties between this title and the proposal. In some cases the planning director may have ideas on what should be emphasized for the best advantage.

   B.   Application Form: The application form shall be filled out as completely as possible. A letter which describes the proposal the way the applicant believes it should be understood by persons who will be reading and hearing about it for the first time and must then make a decision to approve it, approve it with conditions or deny it, shall always be attached.

   C.   Tax Assessment Map: A current tax assessment map showing the parcel for which the application is proposed and all parcels within two hundred fifty feet (250') of the subject parcel with the names and mailing addresses of the owners shall be obtained and attached to the application. The parcel for which the application is proposed must be shaded or colored on the tax map.

   D.   Plot Map: A plot map of the parcel, with accurate dimensions, indicating the following information, shall be included in the application:

      1.   The location of all structures on the parcel.

      2.   The location of all wells on the parcel.

      3.   The location of all septic tanks and drainfields on the property.

      4.   The location of all road rights of way and access easements on or adjacent to the parcel.

      5.   Accurate dimensions of the property lines.

      6.   Accurate dimensions of the property lines that would be created by the proposed partition.

      7.   The location of any proposed structures.

      8.   The location of any irrigation or drainage ditches or canals including any underground irrigation or drainage structures.

   E.   Other Agencies: Other agencies have responsibilities which proposed changes on the applicant's property may affect. A letter must be received by the planning department indicating that the specific proposal will not adversely affect those agency responsibilities or that with certain improvements, easements, or rights of way provided by the applicant, the proper end result will be achieved.

Very Important: With rare exception, the application will not be considered complete until the planning office receives a recommendation from the following agencies as may be applicable in the applicant's case:

      1.   The appropriate irrigation district.

      2.   The appropriate road district.

      3.   The appropriate drainage district.

      4.   The nearby city if the property is within or near that city's urban growth boundary.

      5.   The affected fire protection district or agency that will need to fight fires that may spread from the applicant's land.

The agency should mail its comments directly to the planning office. That agency must have a copy of the proposal the applicant intends to submit to the planning commission or the applicant will otherwise experience unnecessary delay or a negative recommendation. (Ord. 86, 12-7-1993)

   F.   Notice: In addition to any notice required by this title, the county shall provide notice to the Oregon department of transportation (ODOT) as required by OAR 660-12-045(2)(f) of the following land use actions:

      1.   Land use applications that require public hearings;

      2.   Subdivision and partition applications;

      3.   Other applications which affect private access to state roads;

      4.   Other applications within airport overlay zones.

   G.   Fee: Payment of the required application fee must accompany the application. (Ord. 125, 6-20-2000)

   H.   Scheduling: Applications must be submitted at least one month prior to the planning commission meeting date. The planning commission meets once a month on the fourth Thursday except when that date falls near a holiday, in which case the third Thursday is often used. Meetings are generally not held when no applications are received prior to the agenda closing date (1 month previous).

   I.   Meetings:

      1.   Location Of Meetings: The council chambers of Ontario city hall, at the intersection of SW 4th Avenue and SW 4th Street, Ontario, Oregon, is the customary location for planning commission meetings.

      2.   Time Of Meetings: Meetings are routinely held in the evenings. Beginning time is generally seven o'clock (7:00) P.M. during the winter (short daylight period) and eight o'clock (8:00) P.M. during the summer (long daylight period). Check with the planning office for specific time of any particular meeting. (Ord. 86, 12-7-1993; amd. Ord. 125, 6-20-2000)

The procedure for applying for authorization of a conditional use shall be as follows:

   A.   The property owner shall file an application with the planning department, using forms prescribed pursuant to section 6-10-5 of this title.

   B.   The applicant shall make payment of a filing fee as prescribed pursuant to subsection 6-9-5B of this title.

   C.   The application shall be filed no less than thirty (30) days prior to the next regularly scheduled planning commission meeting.

   D.   Before the planning commission may act on a conditional use application, it shall hold a public hearing thereon.

   E.   Generally, the decision is rendered during the first meeting at which the application is considered.

   F.   A decision may be deferred to a specific date, but not longer than one hundred twenty (120) days from application submittal without applicant's agreement.

   G.   An aggrieved party has ten (10) days to appeal the decision.

   H.   Generally, within ten (10) working days after a decision has been rendered, the planning department provides the applicant with written notice of the planning commission's decision. (Ord. 86, 12-7-1993)

In considering the suitability of proposed conditional uses, the planning commission shall base its decision upon the following criteria:

   A.   Comprehensive Plan Goals: Comprehensive plan goals and policies, as applicable.

   B.   Specific Plans: Specific plan recommendations.

   C.   Developments And Viewpoints: Existing development and viewpoints of property owners in the surrounding area.

   D.   Services And Utilities: Availability of services and utilities.

   E.   Effect: The effect of the proposed use on the stability of the community's social and economic characteristics.

   F.   Fish And Wildlife: It does not interfere with traditional fish and wildlife use of habitats determined critical or sensitive in the fish and wildlife habitat protection plan for Malheur County. (Ord. 86, 12-7-1993)

   G.   General Criteria:

      1.   Increasing setbacks of structures to reduce possibilities of overshadowing adjoining property, noise, odor or night lighting nuisances.

      2.   Landscaping improvements for the visual benefit of the subject site and for the improved appearance of the neighborhood and county.

      3.   Location and size of driveway access points and right of way widening and improvement for present and future traffic circulation consistent with the adopted county road standards or the standards of the appropriate road district and the access management standards of the Malheur County transportation system plan.

      4.   Visual screening of outdoor waste and storage areas.

      5.   Control and focusing of outdoor lighting to avoid glare being directed beyond property limits.

      6.   Special criteria listed below, as applicable. (Ord. 125, 6-20-2000)

   H.   Allowance Of Certain Uses: A use allowed under section 6-3A-3 of this title shall be approved only where it is found that the use will not:

      1.   Force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or

      2.   Significantly increase cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use. (Ord. 86, 12-7-1993)

In addition to the general criteria above, the specific criteria listed below and the standards for the zone in which the conditional use is to be established shall govern the following conditional uses. (Ord. 86, 12-7-1993)

   A.   Conditions For Allowance: The use:

      1.   Is compatible with farm uses and is consistent with ORS 215.243; and

      2.   Does not interfere seriously with accepted farming practices on adjacent lands; and

      3.   Does not materially alter the stability of the overall land use pattern of the area; and

      4.   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.

   B.   Chain Of Title: As a condition of approval, the owner is required to allow the following statement to be entered into the chain of title for the nonfarm parcel:

   C.   Evidence: Evidence shall be provided showing the lot or parcel upon which the dwelling is proposed to be located has been disqualified for valuation at true cash value for farm use under ORS 308.370. (Ord. 86, 12-7-1993)

   A.   Nonfarm Use: The creation of all new parcels intended for nonfarm use shall meet the following requirements:

      1.   Is the proposed use compatible with agriculture uses and is it consistent with ORS 215.243. How? Address each issue; and

      2.   Is the proposed use located where it may interfere seriously with accepted farming practices on adjacent lands? What conditions exist to avoid this problem? and

      3.   Will the proposed use materially alter the stability of the overall land use pattern of the area? Explain; and

      4.   Is the proposed use situated on generally unsuitable land for the production of agricultural crops or livestock considering the terrain, adverse soil or land conditions, drainage and flooding, location and size of tract? If so, the following factors must be met:

         a.   If located on range or agricultural lands, are the proposed nonresource parcels only as large as necessary to accommodate the use and provide any buffer area needed to ensure compatibility with adjacent agricultural uses? The intent is that Class I through IV soils be included within nonagricultural parcels only when the limited extent or physical configuration of such soils make it impractical to keep them consolidated in an agricultural parcel.

         b.   Are the proposed parcels located on land with predominantly low productivity V through VII soils not suited for agricultural use and are large enough to accommodate the use and provide any buffer area needed to ensure compatibility with adjacent agricultural uses? How so? and

      5.   A new nonfarm parcel shall not be approved for a use that will have a significant adverse impact on the quality of farm or range land, watersheds, fish and wildlife habitat, soil and slope stability, air and water quality, or outdoor recreation areas. In what ways do the proposed parcels avoid conflict with these items? or

      6.   Is an existing dwelling used as a residential home for up to six (6) persons who fit within the definition of persons listed in ORS 443.400(5) through (10)? or

      7.   Is an alternative dwelling used so that a historical dwelling may be preserved without occupation as provided by ORS 215.263(8)(b).

   B.   Nonresource Partition Approval: As a condition of a nonresource partition approval, the owner shall be required to sign and allow the following statement to be entered into the chain of title for the nonagricultural parcel:

   C.   Evidence Of Disqualification: Evidence shall be provided showing the lot or parcel upon which the dwelling is proposed to be located has been disqualified for valuation at true cash value for farm use under ORS 308.370 and as required by ORS 215.236.

   D.   Application Of Provisions: This section shall not apply to divisions of land resulting from lien foreclosures or foreclosures of recorded contracts for the sale of real property. (Ord. 86, 12-7-1993)

Temporary use of a manufactured dwelling or recreational vehicle during a family hardship may be permitted under the following conditions: (Ord. 147, 4-14-2004)

   A.   A bona fide medical hardship must exist.

   B.   Tenancy shall be limited to a member or members of the property owner's immediate family and a person who is directly responsible for care of the owner or members of the owner's immediate family.

   C.   The permit shall be subject to annual renewal; the use shall be terminated when the hardship no longer exists.

   D.   The planning commission may attach any other conditions that it deems necessary. (Ord. 86, 12-7-1993)

   A.   Submitted plans and specifications shall contain sufficient information to allow the planning commission to set standards pertaining to:

      1.   Noise, dust, traffic and visual screening.

      2.   Setbacks from property lines.

      3.   Location of vehicular access points.

      4.   Fencing needs.

      5.   Prevention of the collection and stagnation of water at all stages of the operation.

      6.   Rehabilitation of the land upon termination of the operation.

   B.   In zones where processing is permitted, it shall be located no closer than two hundred feet (200') from residential or commercial uses.

   C.   Equipment and access roads shall be constructed, maintained and operated in such a manner as to eliminate, as far as is practicable, noise, vibration or dust that is injurious or substantially annoying to livestock being raised in the vicinity. (Ord. 86, 12-7-1993)

Junkyards and auto wrecking yards may be permitted under the following conditions:

   A.   A junkyard or auto wrecking yard shall be fully enclosed by a sight obscuring fence, maintained in good condition, not less than six feet (6') in height, and of a design approved by the planning commission.

   B.   All automobiles, wrecked or otherwise, shall be kept inside the fenced area at all times, except that vehicles belonging to customers may be parked outside the fence while they are at the establishment or business.

   C.   All sales, display, storage, repair or other handling of products, merchandise, equipment and other articles shall occur within an enclosed building or the fenced area. (Ord. 86, 12-7-1993)

   A.   Minor Home Occupation: A minor home occupation shall comply with the following standards:

      1.   Location: Any zone, not excluded below, in which a minor home occupation is a conditional use.

      2.   Scale: A minor home occupation must fit within the dwelling without expanding the structure or within an existing residential garage or accessory building, and must be incidental to the use of the dwelling as a residence and incidental to the original uses of the residential garage or accessory building.

      3.   Participants: No persons other than family members living on the property shall be engaged in the minor home occupation.

      4.   Character: The property upon which the minor home occupation exists shall be kept in a clean, neat, orderly fashion. There shall be no visible evidence of the conduct of a minor home occupation from outside the property except as otherwise allowed by this section.

      5.   Storage: All materials associated with the minor home occupation shall be contained within the allowed dwelling, garage or accessory building.

      6.   Display: There shall be no display of products visible from outside the allowed dwelling or accessory structure.

      7.   Signs: Notwithstanding chapter 7 of this title, there shall be no signs advertising or identifying the minor home occupation.

      8.   Traffic: Customer, client and/or business traffic shall not exceed five (5) trips per day. Business delivery vehicles shall not exceed gross vehicle weight of eleven thousand (11,000) pounds. U.S. postal service deliveries are exempt from this requirement.

      9.   Parking: Vehicles owned, leased or operated by the participants of a minor home occupation shall not be parked or stored on the street or in the public right of way.

      10.   Noise And Other Nuisance Factors:

         a.   Noise: Noise shall be kept to a minimum at all times, especially between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. Equipment that creates a shrill or penetrating sound shall, at all times, be operated only within an enclosure that effectively prevents noise measured at the nearest dwelling exceeding the otherwise ambient noise level of the neighborhood. Where a question arises regarding noise levels, the planning director's determination shall be final.

         b.   Odors: Odors shall not be detectable from any boundary of a minor home occupation property at any time.

         c.   Electrical Interference: A minor home occupation shall not create visual or audible electrical interference in any radio, television, or other electrical device off the subject property or cause fluctuations in line voltage off the subject property.

   B.   Home Occupation: A home occupation shall comply with the following standards:

      1.   Location: Any zone, not excluded below, in which a home occupation is a conditional use.

      2.   Scale: A home occupation must fit within the dwelling and must be incidental to the use of the dwelling as a residence. If there is no existing accessory structure one may be built, provided the side walls are no higher than ten feet (10') from the elevation of the floor and the building covers no more than eight hundred (800) square feet in area.

      3.   Participants: Family members living on the property and a combination of no more than five (5) full time employees are the only persons that may be employed in a home occupation.

      4.   Character: The property upon which a home occupation exists shall be and kept in a clean, neat, orderly fashion. There shall be no visible evidence of the conduct of a home occupation from outside the property except as otherwise allowed by this section.

      5.   Storage: All materials associated with a home occupation shall be contained within the allowed dwelling or accessory structure.

      6.   Display: There shall be no display of products visible from outside the dwelling or allowed accessory structure.

      7.   Signs: Notwithstanding chapter 7 of this title, one sign not bigger than three (3) square feet in silhouette area, excluding the post, is permitted in association with the home occupation. Colors used shall be muted so as to be unobtrusive and serve only for identification purposes, not advertising purposes. Signs shall meet the setback requirements for the zone, but in no event shall a sign be placed closer than ten feet (10') from any existing road right of way. The top of the sign shall not be higher than eight feet (8') above the ground if freestanding. A sign placed upon the dwelling or accessory structure of the minor home occupation shall not be above the roof/eave height.

      8.   Traffic: Customer, client and/or business traffic shall not exceed five (5) trips per day. Business delivery vehicles shall not exceed gross vehicle weight of eleven thousand (11,000) pounds. U.S. postal service deliveries are exempt from this requirement.

      9.   Parking: Vehicles owned, leased or operated by the participants of a home occupation shall not be parked or stored on the street or in the public right of way.

      10.   Noise And Other Nuisance Factors:

         a.   Noise: Noise shall be kept to a minimum at all times, especially between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. Equipment that creates a shrill or penetrating sound shall, at all times, be operated only within an enclosure that effectively prevents noise measured at the nearest dwelling exceeding the otherwise ambient noise level of the neighborhood. Where a question arises regarding noise levels, the planning director's determination shall be final.

         b.   Odors: Odors shall not be detectable from any boundary of a home occupation property at any time.

         c.   Electrical Interference: A home occupation shall not create visual or audible electrical interference in any radio, television, or other electrical device off the subject property or cause fluctuations in line voltage off the subject property.

   C.   Home Business: A home business shall comply with the following standards:

      1.   Location: Any zone, not excluded below, in which a home business is a conditional use.

      2.   Scale: A home business must fit within the dwelling and must be incidental to the use of the dwelling as a residence. If there is no existing accessory building, one may be built, provided the side walls are no higher than ten feet (10') from the elevation of the floor and the building covers no more than two thousand five hundred (2,500) square feet in area.

      3.   Participants: Family members living on the property and a combination of no more than ten (10) full time employees are the only persons that may be employed in a home business.

      4.   Character: The property upon which a home business exists shall be and kept in a clean, neat, orderly fashion.

      5.   Storage: All materials associated with a home business shall be screened from view or contained within the allowed dwelling or accessory structures of the home business.

      6.   Display: There shall be no display of products visible from outside the allowed dwelling or accessory structures of the home business.

      7.   Signs: A home business must comply with chapter 7 of this title.

      8.   Traffic: Customer, client and/or business traffic shall not exceed fifteen (15) trips per day. Business delivery vehicles shall not exceed gross vehicle weight of eleven thousand (11,000) pounds. U.S. postal service deliveries are exempt from this requirement.

      9.   Parking: Vehicles owned, leased or operated by the participants of a home business shall not be parked or stored on the street or in the public right of way.

      10.   Noise And Other Nuisance Factors:

         a.   Noise: Noise shall be kept to a minimum at all times, especially between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. Equipment that creates a shrill or penetrating sound shall, at all times, be operated only within an enclosure that effectively prevents noise measured at the nearest dwelling exceeding the otherwise ambient noise level of the neighborhood. Where a question arises regarding noise levels, the planning director's determination shall be final.

         b.   Odors: Odors shall not be detectable from any boundary of a home business property at any time.

         c.   Electrical Interference: A home business shall not create visual or audible electrical interference in any radio, television, or other electrical device off the subject property or cause fluctuations in line voltage off the subject property.

   D.   Application Requirements:

      1.   Minor home occupations, home occupations, and home businesses are subject to the application requirements in section 6-6-5 of this chapter and shall be reviewed as a conditional use land use action.

      2.   Notwithstanding the application requirements of section 6-6-5 of this chapter and the public hearing requirements of chapter 11 of this title, an applicant proposing to operate a minor home occupation or home occupation must submit to the planning director a letter of intent to operate and pay applicable fees. After issuance of a public notice as well as notice to nearby landowners and opportunity for comment, the planning director may schedule a public hearing before the planning commission. If, based on public comment, the planning director determines a public hearing is not warranted a letter of authorization to operate may be issued.

      3.   An application for a business shall be in accordance with the application requirements of section 6-6-5 of this chapter and the public notice and hearing requirements of chapter 11 of this title.

      4.   At any time during the application process, the planning director may request any additional information relevant to the establishment or operation of a minor home occupation, home occupation, or home business.

   E.   Prohibitions:

      1.   The following shall not be permitted:

         a.   Home businesses in rural residential land use zones.

         b.   Retail sales, showroom activities, or storefront operations conducted on the site of a minor home occupation, home occupation, or home business.

         c.   Automotive repair, including engine, body, painting, of more than one vehicle at a time owned by a person not residing at the site, regardless of compensation paid for the service.

         d.   Outdoor storage associated with auto repair under this chapter of more than one vehicle at a time not owned by a person or persons residing at the site.

         e.   Household appliance sales, repair, or rehabilitation.

         f.   Ministorage facilities operated as a minor home occupation, home occupation, or home business.

         g.   Junkyards operated as a minor home occupation, home occupation, or home business.

         h.   Nothing in this section authorizes construction of any structure without a building permit and that would not otherwise be allowed in the zone in which the home occupation or business is to be established.

         i.   Minor home occupations, home occupations and home businesses shall not involve the manufacture or generation of materials deemed hazardous by other local, state, or federal law or regulation. Hazardous materials and hazardous wastes shall be stored in accordance with state and federal laws and regulations.

         j.   Minor home occupations, home occupations and home businesses shall not be transferred to another person or site without first applying for a new permit.

   F.   Exclusions: This section shall not apply to:

      1.   A childcare provider who regularly provides childcare in the provider's home, in the family living quarters, for no more than three (3) children other than the person's own children, or for children from only one family other than the person's own family.

      2.   Farm or ranch use as defined by ORS 215.203(2) where the business activities of the farm or ranch are conducted in a home or office on the property.

      3.   Hobby or collection activities associated with automobile or aircrafts, including sales, barters or trades among hobbyist who are in compliance with Malheur County code public nuisance ordinances. (Ord. 184, 10-21-2009)

   A.   Performance And Dimensional Standards: A recreational vehicle park shall conform to state standards in effect at the time of construction and the following conditions:

      1.   The space provided for each recreational vehicle shall be not less than seven hundred (700) square feet exclusive of any space used for common areas such as roadways, general use structures, walkways, parking spaces for vehicles other than recreational vehicles and landscaped areas.

      2.   Roadways shall be not less than thirty feet (30') in width if parking is permitted on the margin of the roadway, or not less than twenty feet (20') in width if parking is not permitted on the edge of the roadway and shall be covered with crushed gravel or paved with asphalt, concrete or similar impervious surface and designed to permit easy access to each recreational vehicle space.

      3.   A space provided for a recreational vehicle shall be covered with crushed gravel or paved with asphalt, concrete, or similar material and be designed to provide for the control of runoff of surface water. The part of the space which is not occupied by the recreational vehicle, not intended as an accessway to the recreational vehicle or part of an outdoor patio, need not be paved or covered with gravel provided the area is landscaped or otherwise treated to prevent dust or mud.

      4.   A recreational vehicle space shall be provided with piped potable water service. Unless the park is designed for self- contained recreational vehicles only, each recreational vehicle space shall also be provided with sewage disposal service. Sewage disposal service when required by this section shall consist of all spaces equipped for full sewage hookup or a minimum of twenty five percent (25%) of the available spaces equipped for full sewage hookup and a recreational vehicle dumping station on site.

      5.   A recreational vehicle space shall be provided with electrical service.

      6.   Trash receptacles for the disposal of solid waste materials shall be provided in convenient locations for the use of guests of the park and located in such number and of such capacity that there is no uncovered accumulation of trash at any time.

      7.   No recreational vehicle shall remain in the park for more than thirty (30) days in any sixty (60) day period.

      8.   The total number of parking spaces in the park, except for the parking provided for the exclusive use of the manager or employees of the park, shall be one space per recreational vehicle space. Parking spaces shall be covered with crushed gravel or paved with asphalt, concrete or similar material.

      9.   Unless the park is designed for self-contained recreational vehicles only, the park shall provide one toilet and one lavatory for each sex for each fifteen (15) recreational vehicle spaces.

      10.   The park shall provide one utility building or room containing one clothes washing machine, one clothes drying machine and fifteen (15) square feet of space for clothes drying lines for each ten (10) recreational vehicle spaces or any fraction thereof, unless such facilities are available within a distance of three (3) miles and are adequate to meet these standards.

      11.   Building spaces required by subsections A9 and A10 of this section shall be lighted at all times of the night and day, shall be ventilated, shall be provided with heating facilities which shall maintain a minimum room temperature of sixty five degrees Fahrenheit (65°F), shall have floors of waterproof material, and shall have sanitary ceiling, floor and wall surfaces. Floor drains adequate to permit easy cleaning are recommended but not required.

      12.   A neat appearance shall be maintained at all times. Except for vehicles, there shall be no outside storage of materials or equipment belonging to the park or to any guest of the park.

      13.   Evidence shall be provided that the park will be eligible for a certificate of sanitation as required by state law.

      14.   Access to the recreational vehicle park shall be from an arterial or collector street. (Ord., 11-8-1994)

   A.   Siting Prioritization:

      1.   All wireless telecommunication facilities shall be sited in accordance with the following priorities, in order of preference:

         a.   Collocation by placement of antenna or other transmission and reception devices on an existing tower, building or other structure such as a utility pole or tower, water tank or similar facility.

         b.   Use of alternate technology whereby transmission and reception devices are placed on new or existing structures which are consistent in height with and sited similarly to types normally found in the surrounding area, such as telephone, electrical, or light poles.

         c.   Siting of a new tower in a visually subordinate manner. As used in this subsection "visually subordinate" means the relative visibility of a wireless telecommunication facility where that facility does not noticeably contrast with the surrounding landscape. Visually subordinate facilities may be partially visible, but not visually dominant in relation to their surroundings as viewed from residences, highways and other vantage points.

         d.   Siting of a new tower in a visually dominant location, but employing concealment technology. As used in this subsection a "concealment technology" means technology through which a wireless telecommunication facility is designed to resemble an object present in the natural environment or to resemble a building of a type typically and customarily found in the area.

         e.   Siting of a new tower in a visually dominant manner without employing concealment technology.

   B.   Height, Setback And Access Requirements:

      1.   Wireless telecommunication facilities shall be limited to the height necessary to provide the service.

      2.   Notwithstanding the setback requirements in the zone in which the facility is to be located, the following setbacks apply. Telecommunications towers shall be:

         a.   Set back from the property line at least the height of the tower plus ten percent (10%). A "tract" (contiguous property under the same ownership) shall be considered a single parcel for purposes of setbacks.

         b.   Except as provided in subsection B2b(1) of this section, the plot leased by the licensed carrier for the wireless telecommunication facility shall be at least six hundred feet (600') from residences and schools not on the applicant's tract, or as far away from nearby residences and schools as it is sited from the closest dwelling on the applicant's tract.

            (1)   A facility may be sited closer to a school when the school district makes a request and demonstrates the facility is necessary for educational purposes.

   C.   Construction Standards:

      1.   The following construction standards shall apply to all new or replacement telecommunication facilities:

         a.   No lighting of wireless telecommunication facilities is allowed, except as required by the federal aviation administration, Oregon department of aviation or as a condition of approval by the Malheur County planning commission.

         b.   Based on the existing conditions and vegetation at the proposed site, the wireless telecommunication facility shall be constructed or surfaced with materials to reduce visibility of the facility by the use of nonreflective materials that minimize glare and blend the structure into the surrounding environment.

         c.   Antenna(s) and associated equipment located on the same structure as the antenna shall be surfaced in a nonreflective material color to match the structure on which it is located.

         d.   Warning and safety signs, up to three (3) square feet in area, are allowed. All other signs are prohibited.

         e.   Equipment areas must be enclosed by a chainlink fence or equivalent with or without slats for screening.

         f.   Nothing in this subsection preempts the coloring requirements of the federal aviation administration or the Oregon department of aviation.

   D.   Application Requirements:

      1.   All new or replacement wireless telecommunication facilities proposed on lands, other than those under ORS 215.283(1)(d) or prohibited under this section, shall be reviewed as a conditional land use action and subject to the application requirements in section 6-6-5 of this chapter, this section and applicable provisions of ORS 215.296.

      2.   Conditional use applications for new or replacement wireless telecommunication facilities will be accepted only from carriers licensed by the federal communications commission or from authorized agents of licensed carrier.

      3.   All new or replacement wireless telecommunication facilities proposed on lands where they are a permitted use under ORS 215.283(1)(d) are subject to the application requirements in section 6-6-5 of this chapter and this section.

      4.   All new or replacement wireless telecommunication facilities proposed on lands where they are a permitted use under ORS 215.283(1)(d) must demonstrate the facility is necessary in accordance with ORS 215.275 and OAR 660-033-0130 16(a).

      5.   The collocation of a wireless telecommunication facility on an existing structure or building is not subject to the application process specified in this section or section 6-6-5 of this chapter. However, the applicant must submit to the planning director a letter of intent to collocate, pay applicable fees, and receive a letter of authorization from the director.

      6.   In addition to the application procedures specified in section 6-6-5 of this chapter, applications for wireless telecommunication facilities shall include:

         a.   A location map showing:

            (1)   The applicant's proposed facility site;

            (2)   Other sites in the vicinity evaluated for the proposed facility; and

            (3)   Other similar existing facilities in the area.

         b.   A photographic simulation showing how the facility will appear on the landscape.

         c.   A site specific study of the wireless telecommunication facility identifying the proposed color and surfacing of the facility and associated fixtures.

         d.   Technical information reasonably justifying the need to locate the proposed facility in the requested location.

         e.   Documentation from the federal aviation administration, the Oregon department of aviation, the federal communications commission and any other local or state agency with jurisdiction that the tower has been reviewed and is not determined to be a hazard to life, health or property if constructed as proposed.

      7.   At any time during the application process, the planning director may request any additional information relevant to the construction of the wireless telecommunication facility.

      8.   All applications for wireless telecommunication facilities shall be heard before the Malheur County planning commission.

   E.   Permit Renewal And Expiration Requirements:

      1.   Permit renewal is based on:

         a.   The applicant submitting documentation that the wireless telecommunication facility is in compliance with nonionizing electromagnetic radiation (NIER) emission standards as established by the federal communications commission (FCC);

         b.   Demonstration that the wireless telecommunication facility was constructed and placed into service within one year of issuance of the final approval by the county; and

         c.   Demonstration that the wireless telecommunication facility has been used as such for a period of one year.

      2.   If the wireless telecommunication facility is not in compliance with this section, all facilities shall be removed. The property owner shall bear the ultimate responsibility for removal of the facilities. After the county makes a determination of discontinued or nonuse, the property owner shall, within six (6) months, complete removal operations.

   F.   Performance: The county will require a performance bond not to exceed ten thousand dollars ($10,000.00) from the applicant to provide for removal of a wireless telecommunication facility should the facility be nonoperational for a period of one year.

   G.   Exclusions:

      1.   Wireless telecommunication facilities shall not be permitted in land use zones designated rural residential (R-1), rural service center (RSC), and airport approach overlay (AA).

      2.   This section does not apply to commercial and public radio and television transmission towers. (Ord. 146, 4-14-2004)

The lawful use of any building, structure or land existing at the time of the enactment or amendment of this title may be continued. Any alteration, restoration or replacement of those uses shall be in accordance with the following provisions, and shall be determined by the planning commission at a public hearing pursuant to ORS 215.130 and the comprehensive plan. (Ord. 86, 12-7-1993)

Alteration or completion of any nonconforming use or related structure may be permitted as follows:

   A.   When necessary to reasonably continue the use.

   B.   When necessary to comply with any lawful requirement for alteration in the use.

   C.   When alteration or extension of a nonconforming use does not cause the structure to deviate further from the standards of this title.

   D.   When a structure is determined to be suitable for only nonconforming uses, and proposed new uses are determined to be no more detrimental to surrounding properties than the use to be replaced. (Ord. 86, 12-7-1993)

   A.   Time For Restoration After Disaster: Restoration or replacement of a nonconforming use shall be permitted when the restoration is made necessary by fire, other casualty or natural disaster. Restoration or replacement shall be commenced within one year from the occurrence of the fire, casualty or natural disaster. (Ord. 86, 12-7-1993)

   B.   Manufactured Dwelling Replacement: Removal of a nonconforming manufactured dwelling and replacement thereof with another manufactured dwelling for the purpose of upgrading the residence shall not be considered a change or alteration of the use. (Ord. 147, 4-14-2004)

   C.   Change: If a nonconforming use is replaced by another use, the new use shall conform to this title. (Ord. 86, 12-7-1993)

If a nonconforming use is discontinued for a period of three (3) years, including leaving such property vacant, further use of the property shall conform to this title. (Ord. 86, 12-7-1993)

Nothing in this title shall require any change in the plans, construction, alteration or designated use of a structure for which construction has commenced prior to the adoption of this title, except that if the designated use will be a nonconforming use, it shall, for the purpose of section 6-6-9-4 of this chapter, be a discontinued use if not in operation within three (3) years of the date of issuance of the building permit. (Ord. 86, 12-7-1993)

In authorizing a new conditional use or the alteration of an existing conditional use, the planning commission may impose, in addition to those standards and requirements expressly set forth in this title, any other conditions that the planning commission considers necessary to protect the best interests of the surrounding area or the county as a whole. (Ord. 86, 12-7-1993)

The county may require an applicant to furnish the county with a performance bond or such other forms of assurance that the county deems necessary and reasonable to guarantee development in accordance with the standards established and conditions attached in granting a conditional use. (Ord. 86, 12-7-1993)

   A.   Authorization of a conditional use shall be void after two (2) years or such lesser time as the planning commission may specify, unless substantial construction pursuant thereto has taken place. However, the planning commission may extend authorization for additional periods, on request or on its own motion, without the necessity of following any formal procedures such as those set out in this chapter and in chapter 10 of this title.

   B.   Authorization for a proposed residential development on lands zoned exclusive farm use, exclusive range use, or exclusive farm-forest use shall be valid for four (4) years.

      1.   An extension of this authorization shall be valid for two (2) years.

      2.   For purposes of this section, "residential development" only includes dwellings provided for under ORS 215.283(1)(s), 215.284, 215.705(1) to (3) and section 6-4-9, "Lot Or Parcel Of Record Dwellings", of this title. (Ord. 145, 4-14-2004)