This title shall be known as the Marion County rural zoning code, and may be so cited and pleaded. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997. RZ Ord. § 110.001.]

This title is enacted pursuant to the authority granted to Marion County in ORS Chapters 92, 197, 203, and 215. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.002.]

It is the intent and purpose of this title to:

A. Provide and coordinate regulations governing the development and use of lands in the portions of Marion County outside acknowledged urban growth boundaries that implement and conform to the County Comprehensive Plan;

B. Promote and protect the public health, safety, and general welfare;

C. Conserve farm and forest lands for the production of crops, livestock, and timber products; and

D. Provide for development and arrangement of efficient public services and facilities within the county. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.003.]

Article II. Definitions

A. The meanings given terms in this chapter may, in certain contexts in which they are used, be clearly inapplicable. In such cases the context in which a term is used will indicate its intended meaning, and that intent shall control.

B. Where a term used in this title is already defined in MCC Title 16, Urban Zoning, or the International Building Code the term is not redefined herein unless it has a different meaning in this title, or is so frequently used herein that the same definition is reproduced in this chapter for the reader’s convenience.

C. Terms not defined in this title shall have their ordinary accepted meanings within the context in which they are used. Webster’s Third New International Dictionary of the English Language, Unabridged (Ed. 2002), shall be considered a standard reference to ordinary accepted meanings.

D. For the purpose of this title, words used in the present tense include the future, the singular number includes the plural, the word “shall” is mandatory and not directory, and the word “building” includes structure.

Terms defined in other chapters of this title apply only within the chapter where the term is defined. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.005.]

“Accessory building” means a detached, subordinate building or portion of a main building, the use of which is incidental to that of the main building or to the use of the land. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.010.]

“Accessory” means a building, structure, vehicle, or use which is incidental and subordinate to and dependent upon the primary use on the lot. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 950 § 5, 1993; Ord. 516 § 2, 1978. RZ Ord. § 110.015.]

“Air contaminant” means any dust, fume, gas, mist, odor, smoke, vapor, pollen, soot, carbon, acid, or particulate matter of any combination thereof. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.025.]

“Air contamination” means any source at, from, or by reason of which there is emitted into the atmosphere any air contaminant, regardless of who the person may be who owns or operates the building, premises or other property in, at, or on which such source is located, or the facility, equipment or other property by which the emission is caused or from which the emission comes. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.030.]

“Airport” means a landing area, runway or other facility designed, used, or intended to be used for the landing and taking off of aircraft, aircraft storage, hangars, and other necessary buildings and open spaces. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.040.]

“Alley” means a public space or thoroughfare not more than 20 feet but not less than 10 feet in width which has been dedicated or deeded to the public for public use providing a secondary means of access. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.045.]

“Alteration, structural” means any change or repair which would affect or materially change a supporting member of a building, such as a bearing wall, column, beam, or girder. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.050.]

“Antenna” means a device the surface of which is used to capture an incoming and/or to transmit an outgoing electromagnetic radiation signal from wireless communications facilities. Antennas include the following types:

A. “Omni-directional (“whip”) antenna” receives and transmits signals in a 360-degree pattern.

B. “Directional or parabolic (“panel” or “disk”) antenna” receives and transmits signals in a directional pattern typically encompassing an arc of 120 degrees.

C. Other. All other transmitting or receiving equipment not specifically described herein shall be regulated in conformity with the type of antenna described herein which most closely resembles such equipment. For the purpose of this chapter, the term “antenna” shall not include “accessory antennas” which are antennas less than 12 inches in their largest dimension and are not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997. RZ Ord. § 110.052.]

“Apartment” shall mean a dwelling unit as defined in this title. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.055.]

“Apartment hotel” means a building or portion thereof designed for or containing both individual guest rooms or suites or rooms and dwelling units. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.060.]

“Apartment house” means a building or portion thereof designed, built, rented, leased, let or hired out to be occupied, or which is occupied or is the home or residence of three or more families living independently of each other and doing their own cooking in said building, and shall include flats and apartments. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.065.]

“Appeal period” means the number of days specified for the particular type of land use action for filing an appeal. The appeal period begins the day the notice of decision is mailed and ends at the close of business on the last day of the period. Business days, holidays and weekends are included. If the appeal period would otherwise end on a Saturday, Sunday or a holiday when county offices are closed, the appeal period ends at the close of business on the first following business day. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.068.]

“Automobile service station” means a premises used for retail sales directly to the consumer for the supplying of gasoline, oil, minor accessories, and services for automobiles. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.075.]

“Automobile or trailer sales lot” means a lot used for display, sale, or rental of new or used automobiles or trailers, where no repair work is done except minor, incidental repairs of automobiles or trailers to be displayed, sold or rented on the premises. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.080.]

“Automobile wrecking yard” or “junk yard” means a premises used for the storage or sale of used automobile parts or for the storage, crushing, recycling, dismantling, or abandonment of junk, obsolete automobiles, trailers, trucks, machinery, or parts thereof. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.090.]

“Awning” means a movable shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded or collapsed against the face of a supporting building. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.095.]

“Awning, mobile home, trailer” means a stationary structure, permanent or demountable, used in conjunction with a mobile home or trailer, other than a window awning, for the purpose of providing shelter from the sun and rain, and having a roof with supports and not more than one wall or storage cabinet substituting for a wall. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.100.]

“Basement” means that portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to the floor below is equal to or greater than the vertical distance from grade to ceiling. If such portion of a building is not a basement, then it shall be considered a story. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.105.]

“Bed and breakfast inn” means a single-family dwelling where lodging and a morning meal for guests only are offered for compensation, having no more than five sleeping rooms for this purpose. An establishment where more than one meal per day is offered shall not be deemed a bed and breakfast inn. An establishment with more than five sleeping rooms shall be deemed a hotel. Unless specifically listed as a permitted or conditional use, a bed and breakfast inn is considered a home occupation. Weddings, receptions, group meetings, conferences and similar activities are not allowed as secondary uses, accessory uses or temporary uses in association with a bed and breakfast inn. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 1040 § 4, 1996. RZ Ord. § 110.108.]

“Block” means the properties abutting on one side of a street between either:

A. Two cross streets; or

B. Between the city limits and the nearest cross streets; or

C. When there is only one cross street:

1. Between a cross street and the dead-end of a street;

2. Between a cross street and the line projected from the centerline of an intersecting street, such as a “T” intersection;

3. Between a cross street under consideration when there is no other cross street or intersecting street within 600 feet; or

D. When there are no cross streets, then the block shall be between the points 600 feet from each side of the property under consideration and along the street. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.110.]

“Board” means the Marion County board of commissioners. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.112.]

“Boarding house” means a building or portion thereof used for the purpose of providing meals or meals and lodging for pay or compensation of any kind to persons other than members of the family occupying such dwelling. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.115.]

“Building” means a structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.120.]

“Building official” means the building official for Marion County duly appointed by the board pursuant to the International Building Code. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.123.]

“Cabana” means a stationary, lightweight structure that may be prefabricated or demountable, with two or more walls, used adjacent to and in conjunction with a mobile home or trailer to provide additional living space and designed to be moved with the trailer or mobile home. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.125.]

“Campground” means a premises under one ownership where persons camp or live in any manner other than in a permanent building constructed entirely of wood or more lasting materials, excepting mobile home parks, and trailer parks. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.130.]

“Carport” means a permanent structure not enclosed on two or more sides, and which is used or intended for the parking of motor vehicles. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.135.]

See “Basement,” MCC 17.110.105. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.140.]

“Cemetery” means land used or intended to be used for the burial of the dead, including pets, and dedicated for cemetery purposes, including a columbarium, crematory, mausoleum, or mortuary, when operated in conjunction with and within the boundary of such cemetery. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.145.]

“Child care facility” means any facility that provides child care to children, including a child care center, certified family child care home, and registered family child care home. It includes those known under a descriptive name, such as nursery school, preschool, kindergarten, child play school, before and after school care, or child development center, except those excluded under ORS 657A.250. This term applies to the total child care operation. It includes the physical setting, equipment, staff, provider, program, and care of children. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 882 § 5, 1990. RZ Ord. § 110.147.]

“Child care home” means:

A. A child care facility located in a building constructed as a single-family dwelling that has certification to care for a maximum of 12 children at any one time; or

B. A group child care home as used in ORS Chapter 657A. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.148.]

“Child foster home” refers to a home certified by the State Department of Human Services that is maintained and lived in by the person named on the foster home certification. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.149.]

See “Religious organization,” MCC 17.110.472. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.150.]

“Club” means an organization, group, or association supported by the members thereof, the purpose of which is to render a service primarily for members and their guests, but shall not include any organization, group, or association the chief activity of which is to render a service customarily carried on as a business. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.151.]

“Co-location” means the use of a single support structure and/or site by more than one wireless communications provider. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997. RZ Ord. § 110.152.]

“Comprehensive Plan” means the officially adopted generalized, coordinated land use map and policy statement of the board that interrelates all functional and natural systems and activities relating to the use of land. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.154.]

“Conditional use” means any use that is permitted in a particular zone only after review and approval as a conditional use and includes, where not excepted, conditional uses established under previous zoning ordinances. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.156.]

“Conference grounds” means a retreat or meeting place used for organized discussion and consultation, including overnight accommodations for conferees. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 762 § 4, 1987. RZ Ord. § 110.158.]

Repealed by Ord. 1369. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.160.]

“Corner lot” means a lot having two or more intersecting lot lines, which are also street or roadway right-of-way lines, in which the interior angle formed by the extensions of the street or roadway lot lines in the direction which they take at their intersection with the side or rear lot lines forms an angle of 135 degrees or less. In the event the street or roadway lot line is a curve at the point of intersection with a side or rear lot line, the tangent to the curve at that point shall be considered the direction of the lot line. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.162.]

“Contiguous” means touching along a boundary at more than a point. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.163.]

“Court” means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.165.]

“Criteria” means mandatory requirements used to evaluate land use actions that shall not be varied or adjusted. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.168.]

See “Child care home,” MCC 17.110.148. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.169.]

“Decision” means the written recommendation, order or ordinance by which the zoning administrator, hearings officer, planning commission or board makes its disposition of a land use action. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.170.]

“Development standards” means any standards or conditions imposed in the applicable zone and in this title and any conditions imposed as a condition of application approval. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.173.]

“Director” means the planning director or the planning director’s designee. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.175.]

“Dormitory” means a building other than a hotel, boarding or rooming house, used primarily for sleeping purposes. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.180.]

“Dwelling” means any building or any portion thereof which is not an “apartment house” or a “hotel” as defined in this code, which contains one or more “apartments” or “guest rooms” used, intended or designed to be built, used, rented, leased, let or hired out to be occupied or which is occupied for living purposes but excluding hotels, motels, boarding or rooming houses, mobile homes, travel trailers, and campers. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.185.]

“Dwelling unit” means an independent area in a building including permanent provision for living, sleeping, eating, cooking, and sanitation occupied by a family as defined in MCC 17.110.220. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 882 § 5, 1990; Ord. 516 § 2, 1978. RZ Ord. § 110.190.]

“Dwelling, single-family” means a detached building on a lot, or portion of a building on a separate lot, containing only one dwelling unit, exclusive of a mobile home, but including a manufactured dwelling or a modular or prefabricated dwelling meeting building code requirements in effect at its time of construction. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 882 § 5, 1990; Ord. 516 § 2, 1978. RZ Ord. § 110.195.]

“Dwelling, two-family (duplex)” means a building designed exclusively for occupancy by two families living independently of each other in independent dwelling units. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.200.]

“Dwelling, multiple-family” means a building or portion thereof designed for occupancy by three or more families living independently of each other in independent dwelling units. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.205.]

“Educational institution” means a college, community college, or university supported by public funds or by contributions or endowments and giving general instruction, excluding those defined in MCC 17.110.505 and 17.110.510. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.210.]

“Equipment enclosure” means a small structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communications signals. Associated equipment may include air conditioning and emergency generators. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997. RZ Ord. § 110.215.]

“Family” means adults or adults and children related by blood, marriage, or legal guardianship living together in a dwelling unit; or persons who are not related by blood, marriage, or legal guardianships, living together in a dwelling unit; or residents of a residential home as defined in MCC 17.110.477. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 882 § 5, 1990; Ord. 516 § 2, 1978. RZ Ord. § 110.220.]

“Farm use” means the current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting and selling crops or the feeding, breeding, management and sale of, or the produce of, livestock, poultry, furbearing animals or honeybees or for dairying and the sale of dairy products or any other agricultural or horticultural use or animal husbandry or any combination thereof. “Farm use” includes the preparation, storage and disposal by marketing or otherwise of the products or by-products raised on such land for human or animal use. “Farm use” also includes the current employment of land for the primary purpose of obtaining a profit in money by stabling or training equines including but not limited to providing riding lessons, training clinics and schooling shows. “Farm use” also includes the propagation, cultivation, maintenance and harvesting of aquatic, bird and animal species that are under the jurisdiction of the commission to the extent allowed by the rules adopted by the State Fish and Wildlife Commission. “Farm use” includes the on-site construction and maintenance of equipment and facilities used for the activities described in this section. “Farm use” does not include the use of land subject to the provisions of ORS Chapter 321, except land used exclusively for growing cultured Christmas trees as defined in ORS 215.203(3) or land described in ORS 321.267(3) or 321.824(3).

“Current employment” of land for farm use includes:

A. Farmland, the operation or use of which is subject to any farm-related government program;

B. Land lying fallow for one year as a normal and regular requirement of good agricultural husbandry;

C. Land planted in orchards or other perennials, other than land specified in subsection (D) of this definition, prior to maturity;

D. Land not in an exclusive farm use zone which has not been eligible for assessment at special farm use value in the year prior to planting the current crop and has been planted in orchards, cultured Christmas trees or vineyards for at least three years;

E. Wasteland, in an exclusive farm use zone, dry or covered with water, neither economically tillable nor grazeable, lying in or adjacent to and in common ownership with a farm use land and which is not currently being used for any economic farm use;

F. Except for land under a single-family dwelling, land under buildings supporting accepted farm practices, including the processing facilities allowed by ORS 215.213(1)(u) and 215.283(1)(r) and the processing of farm crops into biofuel as commercial activities in conjunction with farm use under ORS 215.213(2)(c) and 215.283(2)(a);

G. Water impoundments lying in or adjacent to and in common ownership with farm use land;

H. Any land constituting a woodlot, not to exceed 20 acres, contiguous to and owned by the owner of land specially valued for farm use even if the land constituting the woodlot is not utilized in conjunction with farm use;

I. Land lying idle for no more than one year where the absence of farming activity is due to the illness of the farmer or member of the farmer’s immediate family. For purposes of this definition, illness includes injury or infirmity whether or not such illness results in death;

J. Any land described under ORS 321.267(3) or 321.824(3); and

K. Land used for the processing of farm crops into biofuel, as defined in ORS 315.141, if:

1. Only the crops of the landowner are being processed;

2. The biofuel from all of the crops purchased for processing into biofuel is used on the farm of the landowner; or

3. The landowner is custom processing crops into biofuel from other landowners in the area for their use or sale.

“Preparation of products or by-products” includes but is not limited to the cleaning, treatment, sorting, or packaging of the products or by-products. “Products or by-products raised on such land” means that those products or by-products are raised on the farm operation where the preparation occurs or on other farm land, provided the preparation is occurring only on land being used for the primary purpose of obtaining a profit in money from the farm use of the land. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 979 § 6, 1994; Ord. 579 § 6, 1980; Ord. 516 § 2, 1978; Ord. 457 § 1, 1976. RZ Ord. § 110.223.]

“Fence” means an unroofed barrier or an unroofed enclosing structure such as masonry, ornamental iron, woven wire, wood pickets or solid wood or any other material used as an unroofed barrier to light, sight, air or passage. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.225.]

“Forest use” means, in those zones allowing forest uses, the use of land for any of the following: the production of trees; the processing of forest products; open space; watersheds; wildlife and fisheries habitat; vegetative soil stabilization; air and water quality maintenance; outdoor recreational activities and related support services and wilderness; livestock grazing. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 579 § 6, 1980; Ord. 516 § 2, 1978. RZ Ord. § 110.228.]

“Fraternity, sorority, or student home” means a residential building in which living accommodations are furnished to students. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.230.]

“Frontage” means that portion of a lot that abuts a street, whether or not access to the property is accorded thereby, and whether or not a building or structure faces the street frontage. In context, coupled with the term “alley” or “roadway,” “frontage” has the same meaning with respect to an abutting alley or roadway. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.232.]

“Garage” means a building or portion thereof, other than a carport, designed and constructed for or used for the storage, parking or keeping of a motor vehicle. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.235.]

“Garage, private” means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles in which no business, occupation or service is provided for or is in any way conducted. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.240.]

“Garage, public” means a building other than a private garage used for the care, repair or equipping of motor vehicles or where such vehicles are parked or stored for compensation, hire or sale. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.245.]

“Governing body” means the Marion County board of commissioners. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.247.]

“Grade (ground level)” means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley or other public way, the grade shall be the elevation of the sidewalk, alley or public way. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.250.]

“Grade, natural” means grade with the land in an undisturbed state. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.252.]

“Group care home” means a dwelling where residential care alone or in conjunction with treatment or training or a combination thereof is provided by a family or nonresident staff for resident individuals who need not be related. The provider family or nonresident staff need not be related to each other or to any resident of the dwelling. It includes a facility meeting this definition licensed by or under the authority of the Department of Human Resources under ORS 443.400 through 443.825. It includes homes for the aged and retirement homes. It also means a child care facility with no limits on where employees reside. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 882 § 5, 1990; Ord. 516 § 2, 1978; Ord. 417, 1975. RZ Ord. § 110.255.]

“Guest” means any person occupying a room or lodging room for living or sleeping purposes on a temporary and gratuitous basis. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.257.]

“Guest facility” means an accessory building maintained for the purpose of providing temporary and gratuitous living accommodations, but dependent upon the main dwelling for cooking or bathroom facilities or both and subject to MCC 17.126.020(A)(9). [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.258.]

“Hearings officer” means the person(s) so designated by the board. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.259.]

“Height of building” means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building. The reference datum shall be whichever of the following yields a greater height of building:

A. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than 10 feet above grade.

B. An elevation 10 feet higher than the grade when the sidewalk or ground surface described in subsection (A) of this section is more than 10 feet above grade. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 653 § 3, 1983; Ord. 516 § 2, 1978. RZ Ord. § 110.260.]

A “heliport” is an area used or to be used for landing or take-off of helicopters or other VTOL aircraft capable of hovering and may include any or all of the area or buildings which are appropriate to accomplish these functions. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.262.]

Repealed by Ord. 1369. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 882 § 5, 1990; Ord. 516 § 2, 1978. RZ Ord. § 110.265.]

“Home occupation” means any business or professional activity engaged in the production of income by a resident of a dwelling or dwelling unit as a subordinate use of the building and its premises, and in conformance with the provisions of this title. A home occupation may include a limited home occupation, conditional home occupation or a home occupation in a resource zone. Such term does not include the lease or rental of a dwelling unit or the rooming or boarding of persons on the same premises nor does it include a use meeting the standards of a home office in Chapter 17.126 MCC or a marijuana business licensed pursuant to applicable law. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.270.]

“Hospital” means an institution devoted primarily to the rendering of healing, curing and nursing care, which maintains and operates facilities for the diagnosis, treatment or care of two more nonrelated individuals suffering from illness, injury or deformity, or where obstetrical or other healing or nursing care is rendered over a period exceeding 24 hours. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.275.]

“Hospital, veterinary” means a building or premises for the medical or surgical treatment of domestic animals or pets. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.280.]

“Hotel” means any building containing guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.285.]

“International Building Code (IBC)” means the code of building design and construction standards adopted by Marion County. [Ord. 1313 § 4 (Exh. A), 2011.]

*    Code reviser’s note: Ordinance 1313 adds the provisions of this section as 17.110.285. The section has been editorially renumbered to prevent duplication of numbering.

See “Automobile wrecking yard – Junk yard,” MCC 17.110.090. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.290.]

Repealed by Ord. 1369. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.295.]

“Kennel” means any lot or premises on which four or more dogs and/or cats or pets over the age of four months are kept for sale, lease, breeding, boarding, shows or training. Such term does not include kennels and dog training facilities meeting the standards and criteria set forth in EFU, SA and FT zones. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.300.]

“Land use action” means an amendment to the applicable county comprehensive plan or this title, or a decision on a zone change, variance, adjustment, administrative review, or conditional use permit, including appeals from any of the foregoing. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.302.]

“Landscaped” means primarily devoted to the planting and preservation of trees, shrubs, lawn and other organic ground cover, together with other natural or artificial supplements such as watercourses, ponds, fountains, decorative lighting, benches, arbors, gazebos, bridges, rock or stone arrangements, pathways, sculpture, trellises, and screens. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.303.]

“Legislative action” means a land use action involving amendments to the applicable comprehensive plan, the text of this title, or an amendment to the zoning map involving six or more lots in separate ownership. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.304.]

“Liquid waste” means any waste oils, septic tank pumping, industrial wastes and other similar materials. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.305.]

“Loading space” means an off-street space or bay on the same lot or parcel with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise, passengers or materials, and which abuts upon a street, alley, or other appropriate means of access. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.310.]

“Lodge” means a facility providing temporary lodging in conjunction with outdoor recreational activities. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 762 § 4, 1987. RZ Ord. § 110.312.]

“Lot” means a unit of land created by a subdivision as defined in ORS 92.010 in compliance with all applicable zoning and subdivision ordinances; or created by deed or land sales contract prior to September 1, 1977, exclusive of units of land created solely to establish a separate tax account. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.315.]

“Lot area” means the total area measured on a horizontal plane within the lines of a lot. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.320.]

“Lot depth” means the horizontal distance between the front lot line and the rear lot line measured at a point halfway between the side lot lines. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.325.]

“Lot, interior” means a lot other than a corner lot. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.330.]

“Lot line” means the lines bounding a lot as defined herein. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.335.]

“Lot line, front” means:

A. In the case of an interior lot having only one street or roadway easement frontage, the lot line separating the lot from the street right-of-way or the nearest right-of-way line of a roadway easement. In the case of an interior lot, a line separating the lot from the street, and in the case of a corner lot, a line separating the lot from the street on which the improvement or contemplated improvement will face.

B. In the case of any lot not covered by subsection (A) of this section, the lot line which the architecturally designed front of the building faces or the lot line designated by the zoning administrator on an approved site plan. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.340.]

“Lot line, rear” means:

A. In the case of any lot having a rear lot line designated on a subdivision approval, the lot line so designated.

B. In the case of any other lot, the lot line opposite and most distant from the front lot line. In the case of a triangular shaped lot, the rear lot line for setback purposes shall be a line connecting points 20 feet from the intersecting side lot lines. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.345.]

“Lot line, side” means any lot line that is not a front or rear lot line. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.350.]

“Lot, corner” means a lot or portion thereof situated at the intersection of two or more streets. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.355.]

“Lot of record” mean a lot which is part of a subdivision or a lot or parcel described by metes and bounds, which has been recorded in the office of the county recorder and which complied with all applicable laws at the time of its recording. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.360.]

“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.365.]

“Marquee” means a permanent roofed structure attached to and supported by the building and projecting over public property. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.370.]

“Medical marijuana dispensary” means a facility that dispenses medical marijuana to qualifying individuals and is licensed pursuant to applicable law. [Ord. 1372 § 4 (Exh. A), 2016.]

“Medical marijuana processor” means a person or facility that processes medical marijuana and is licensed pursuant to applicable law. [Ord. 1372 § 4 (Exh. A), 2016.]

“Medical marijuana producer” means a person or facility that produces medical marijuana and is licensed pursuant to applicable law. [Ord. 1372 § 4 (Exh. A), 2016.]

“Mobile home” means a structure constructed for movement on public highways that has sleeping, cooking, and plumbing facilities, and is intended for use as a dwelling unit. This definition includes manufactured dwelling, manufactured home, mobile home, and residential trailer as those terms are defined in ORS 446.003. The definition does not include recreational vehicles as defined in MCC 17.110.466, or structures or vehicles that have a state of Oregon or U.S Government label designating them as recreational vehicles. It also does not include buildings or structures subject to the Structural Specialty Code adopted pursuant to ORS 455.100 through 455.450. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.380.]

“Mobile home park” means any lot where four or more occupied mobile homes not in conjunction with farm use are located, exclusive of mobile homes allowed under this title as temporary dwellings, and mobile homes without a functioning bathroom or kitchen. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.385.]

“Motel” means a series of attached, semi-attached, or detached apartments, each composed of bedroom and bathroom, with each apartment having an entrance leading directly from the outside of the building. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.390.]

“Noise impact area” means the area within 500 feet of the boundaries of Highways 99 and 22, Interstate 5, the Woodburn Dragstrip, and within the NEF 30 or Ldn 65 contour line based on the projected use at the end of the airport master planning period around public airports, and any area identified as a noise impact area in applicable county comprehensive plans. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.392.]

“Nonconforming lot” means a lot that does not meet the area or width requirements of the zone in which it is located. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.395.]

“Nonconforming structure” means a building or structure or portion thereof lawfully existing at the time the ordinance codified in this title became effective, which was designed, erected or structurally altered, for a use that does not conform to the use regulations of the zone in which it is located, or which does not conform to the setbacks for maximum lot coverage or other provisions herein established for the zone. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.400.]

“Nonconforming use” means a use to which a building, structure, vehicle, or land was lawfully put at the time the ordinance codified in this title became effective and which does not conform with the use regulations of the district in which it is located. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.405.]

The “notification area” shall be as required in MCC 17.111.030(C) (unless a greater distance is required by Oregon Administrative Rules or Oregon Revised Statutes) from and parallel to the boundaries of the subject property. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.408.]

“Notification list” means a written list of the names and addresses of all property owners within the notification area. The names and addresses shall be obtained from the most recent property tax assessment roll at the time an application is received. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.409.]

Repealed by Ord. 1369. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.410.]

“Nursing home” means any home, place or institution which operates and maintains facilities providing convalescent or nursing care or both, for a period exceeding 24 hours, for two or more ill or infirm patients not related to the nursing home administrator, or owner, by blood or marriage. Convalescent care may include, but need not be limited to, the procedures commonly employed in nursing and caring for the sick. “Nursing home” includes rest homes, sanitariums, and convalescent homes, but does not include group care homes, hotels, hospitals, or chiropractic facilities. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 882 § 5, 1990; Ord. 516 § 2, 1978. RZ Ord. § 110.415.]

“Owner” means the owner of record of real property as shown on the latest tax rolls or deed records of the county, or a person who is purchasing a parcel of property under written contract, including any person having legal or equitable interest in a lot or parcel other than a leasehold or an interest less than a leasehold. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.425.]

“Parcel” means a unit of land created by a partitioning as defined in ORS 92.010 in compliance with all applicable zoning and partitioning code provisions contained in Chapter 17.172 MCC, or created by deed or land sales contract prior to September 1, 1977, excluding units of land created solely to establish a separate tax account. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008. RZ Ord. § 110.427.]

“Parking area, private” means an open area, building or structure, other than a street or alley, used for the parking of the automobiles of residents and guests of a building. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.430.]

“Parking area, public” means an open area, building or structure other than a private parking area, street, or alley used for the parking of automobiles and other motor vehicles, but not to include trucks, and available for use by the public or by persons patronizing a particular building or establishment. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.435.]

“Parking space, automobile” means a space within a private or public parking area, building or structure for the parking of one automobile. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.440.]

“Partition land” means to divide land into two or three parcels within a calendar year, but does not include:

A. A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;

B. An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing land reduced in size by the adjustment complies with applicable zoning code provisions;

C. The division of land resulting from the recording of a subdivision or condominium plat;

D. A sale or grant by a person to a public agency or public body for state highway, county road, city street or other right-of-way purposes; provided, that such road or right-of-way complies with the applicable comprehensive plan and ORS 215.213(2)(p) through (r) and 215.283(2)(q) through (s). However, any property divided by the sale or grant of property for state highway, county road, city street or other right-of-way purposes shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned; or

E. A sale or grant by a public agency or public body of excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city streets or other right-of-way purposes when the sale or grant is part of a property line adjustment incorporating the excess right-of-way into adjacent property. The property line adjustment shall be approved or disapproved by the applicable local government. If the property line adjustment is approved, it shall be recorded in the deed records of the county where the property is located. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003. RZ Ord. § 110.452.]

“Permit” means any determination, conditional use, variance or adjustment granting permission to do an act or to engage in activity where such permission is required by this title. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.453.]

“Permitted use” means those uses permitted in a zone that are allowed without obtaining a conditional use permit. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.454.]

“Person” means a natural person, his heirs, executors, administrators, or assigns and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid, and any political subdivision, agency, board or bureau of the state. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.455.]

“Pet” means a domestic animal customarily kept, and cared for, by the occupants of a dwelling for personal pleasure, and which are not raised for food, fur, or monetary gain. Typically, dogs, cats, birds and other small mammals and reptiles, but not including fowl, herd animals, goats or horses. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.457.]

“Planning commission” means the Marion County planning commission. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.460.]

“Primary building, structure, or use” means a permanent or temporary building, structure, vehicle, or use that is not an accessory or secondary building, structure or use. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.461.]

“Public utility facility” means all on-site and off-site improvements and related accessories to be accepted for ownership, maintenance and operation by a public agency, including but not limited to sanitary sewers and pump stations, water lines including related reservoirs, pump stations, pressure reading stations and hydrants, storm drain systems, bike paths and pedestrian paths, and streets including alleys, street lights, street name signs, traffic control systems and devices. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997. RZ Ord. § 110.462.]

“Quasi-judicial” means any land use action not meeting the definition of a legislative action. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.464.]

“Ramada” means a stationary structure having a roof extending over a mobile home or trailer, which may also extend over a patio or parking space for motor vehicles, and is used principally for protection from sun and rain. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.465.]

“Recreational vehicle” means a vehicle with or without motive power that is designed for human occupancy, to be used temporarily for recreational or emergency purposes, and that has a gross floor space of less than 400 square feet. “Recreational vehicle” includes camping trailers, camping vehicles, motor homes, park trailers, bus conversions, van conversions, tent trailers, travel trailers, truck campers and any vehicle converted for use or partial use as a recreational vehicle. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.466.]

“Recreational vehicle park” means a lot upon which two or more recreational vehicle spaces are located, established, or maintained. Where two or more recreational vehicle spaces are provided within a campground, the portion of the campground with the recreational vehicle spaces shall be considered a recreational vehicle park. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.467.]

“Recreational vehicle space” means the portion of a lot where a recreational vehicle is parked and occupied or intended to be parked and occupied. A camping site within a campground that is equipped with electrical, water, or sewer hookups designed for use by recreational vehicles shall be considered a recreational vehicle space. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.468.]

“Recycling depot” means a lot or portion of a lot used for the collection, sorting, and temporary storage of nonputrescible waste and discarded materials that are reprocessed elsewhere into usable raw materials or taken elsewhere to be reused or recycled. The term does not include drop stations. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.469.]

“Refuse” means any putrescible and nonputrescible solid wastes including garbage, rubbish, ashes, dead animals, abandoned automobiles, junk, solid market wastes, street cleaning, and industrial wastes (including waste disposal in industrial salvage). [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.470.]

“Religious organization (church)” means an establishment operated by religious organizations for worship and religious training or study of its members and the administration of such establishments. If a church, synagogue, temple, mosque, chapel, meeting house or other nonresidential place of worship is allowed on real property under the local zoning ordinances, the county shall allow the reasonable use of the real property for activities customarily associated with the practices of the religious activity, including worship services, religion classes, weddings, funerals, child care and meal programs, but not including private school education for pre-kindergarten through grade 12 or higher education. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.472.]

“Repair” means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word “repair” or “repairs” shall not include structural changes. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.475.]

“Residential facility” means a dwelling where residential care alone or in conjunction with treatment or training or a combination thereof is provided by a family or nonresident staff for resident individuals who need not be related. The provider family or nonresident staff need not be related to each other or to any resident of the dwelling. It includes a facility meeting this definition licensed by or under the authority of the Department of Human Resources under ORS 443.400 through

443.825. It also means a child care facility with no limits on where employees reside. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.476.]

“Residential home” means a dwelling unit where the resident family provides residential care alone or in conjunction with treatment or training or a combination thereof for the resident individuals who need not be related. Any home employees must reside in the dwelling unit. The provider family need not be related to those receiving residential care. It includes a home meeting this definition licensed by or under the authority of the Department of Human Resources under ORS 443.400 through 443.825. It also means a child care facility in a dwelling unit where any facility employees reside in the dwelling unit. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 882 § 5, 1990. RZ Ord. § 110.477.]

Repealed by Ord. 1369. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.480.]

“Restaurant” or “cafe” means an establishment where prepared food is served to the public for consumption within the building, or to “take out” to some other location. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.485.]

“Restaurant, drive-in” means an establishment where prepared food is served to the public for consumption on the premises, or to “take out” to some other location. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.490.]

“Roadway” means a right-of-way across private property granted by the property owner to owners of one or more lots and allowing vehicles access from a street or roadway to those lots. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.495.]

“Rooming house” means a residential building, or portion thereof, providing sleeping rooms where lodging for three or more persons is provided for compensation. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.500.]

“School, trade or commercial” means a building where instruction, training or lessons are given to pupils for a fee in money or otherwise which fee is the principal reason for the existence of the school. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.505.]

“School, elementary, middle, junior high or high” means an institution offering instruction in several branches of learning and study in pre-kindergarten, kindergarten, or grades through 12 or any part thereof, in accordance with the rules and regulations of the State Department of Education. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.510.]

“Scrap and waste materials establishment” means any establishment or place of business that is maintained, operated or used for storing, keeping, buying or selling old or scrap copper, brass, rope, rags, batteries, paper, rubber, or debris, junked, dismantled, wrecked, scrapped, or ruined motor vehicles or motor vehicle parts (except wrecking yards), iron, steel, or other old scrap metal or nonmetal materials. “Scrap and waste materials establishment” does not include drop stations, solid waste transfer stations, or recycling depots. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.515.]

“Secondary use” means a use located on a lot with one or more primary uses that occupies less than 40 percent of the lot and it is, or can be, maintained independent of the primary use (see MCC 17.126.020 for regulations). [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 950 § 5, 1993. RZ Ord. § 110.522.]

“Semi-public” means any use that is partly but not completely public and is open to at least some persons outside the regular constituency of an entity or institution having some features of a public institution, such a nonprofit organization, as a public service. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.523.]

“Solid waste transfer station” means a fixed or mobile facility, used as an adjunct to collection vehicle(s), resource recovery facility, or disposal site between the collection of the waste/solid waste and disposal site, including but not limited to another vehicle, a concrete slab, pit, building, hopper, railroad gondola or barge. The term does not include a self-propelled compactor type solid waste collection vehicle into which scooters, pick-ups, small packers or other satellite collection vehicles dump collected solid waste for transport to a transfer, disposal, landfill or resource recovery site or facility. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.524.]

“Stable, private” means an accessory building for the keeping of horses owned by the occupants of the premises and not kept for remuneration, hire, or sale. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.525.]

“Stable, public” means a building in which horses are kept for remuneration, hire, or sale, including saddle and riding clubs. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.530.]

The document so entitled, referenced by MCC 17.110.730, published in 1987, and used in this title to identify land use classifications. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.532.]

See “Development standards,” MCC 17.110.173. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.533.]

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar, or unused under-floor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused under-floor space shall be considered as a story. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.540.]

“Story, half” means a story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.545.]

“Street” means a way of travel more than 20 feet wide that has been dedicated or deeded to the public for public use. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.550.]

“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, regardless of whether it is wholly or partly above or below grade, including mobile homes. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.555.]

“Subdivide land” means to divide land into four or more lots within a calendar year. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003. RZ Ord. § 110.556.]

“Subdivision” means either an act of subdividing land or an area or a tract of land subdivided. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.557.]

“Support structure” means a structure to which antennas and other necessary associated hardware are mounted. Support structures include, but are not limited to, the following:

A. “Lattice tower” means a support structure that consists of a network of crossed metal braces, forming a tower that is usually triangular or square in cross-section.

B. “Monopole” means a support structure that consists of a single pole sunk into the ground and/or attached to a foundation.

C. “Guyed tower” means a support structure that consists of metal crossed strips or bars and is steadied by wire guys in a radial pattern around the tower.

D. “Existing structure” means an existing or approved nonresidential structure or building, water tower or tank, utility pole, wireless communication support structure, etc. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997. RZ Ord. § 110.558.]

“Temporary use” means a primary, secondary, or accessory use that occurs on a lot for less than six months in any calendar year, or a lesser period as prescribed in MCC 17.126.030 or elsewhere in this title. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 950 § 5, 1993. RZ Ord. § 110.560.]

“Trailer (travel or vacation)” means a vehicle or structure equipped with wheels for highway use that is intended for human occupancy, which is not being used for residential purposes and is being used for vacation and recreational purposes. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.565.]

“Transmission facility” means high voltage (57 KV or more) power lines and related support structures used to convey electricity from a power generator facility to electric substations along a line or corridor. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.567.]

“Transmission tower” means a single structure and related unoccupied buildings transmitting or relaying electronic signals to the surrounding area or along a communication corridor including radio, television and telephone transmitters and microwave relay stations. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.568.]

“Truck” means a motor vehicle designed or used for carrying, conveying, or moving over highways of this state any property, article, or thing and having a combined weight of vehicle and maximum load to be carried thereon of more than 6,000 pounds. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.580.]

“Turnaround area” means a paved area of a sufficient size and configuration that a motor vehicle having a turning radius of 30 feet or less may maneuver around to head in the opposite direction without having to move in reverse more than once. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.581.]

Repealed by Ord. 1313. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.582.]

“Urban growth boundary (UGB)” means the 20 years’ growth limit identified in a city comprehensive plan and the Marion County Comprehensive Plan acknowledged under ORS Chapter 197. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.583.]

“Utility facility” means any water, gas, sanitary sewer, storm sewer, electricity, telephone and wire communication service, and CATV (cable television) service lines, mains, pumping stations, reservoirs, poles, underground transmission facilities, substations, and related physical facilities which do not include buildings regularly occupied by employees, parking areas, or vehicle, equipment and material storage areas, wireless communications facility or wireless communications facility, attached.

Under the provisions of the EFU, SA, and FT zones, “wireless communications facility” and “wireless communications facility, attached” shall be included in the definition of utility facility. Under the provisions of the TC zone these facilities shall be considered microwave and radio communications facilities and transmission towers. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997. RZ Ord. § 110.584.]

“Use” (noun) means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.585.]

For the purposes of this title, “vehicle” shall have the same meaning as the definition in the rules and regulations of the State Department of Motor Vehicles. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.586.]

“Vision clearance” means a triangular area at the street or highway corner of a corner lot, the corner at an alley-street intersection of a lot, the space being defined by a diagonal line across the corner between the points on the street right-of-way line or street-alley right-of-way line measured from the corner. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.590.]

“Wireless communications facility (WCF)” means an unstaffed facility for the transmission and reception of electromagnetic signals used for commercial communications. WCFs are composed of two or more of the following components:

A. Antenna;

B. Support structure;

C. Equipment enclosures; and

D. Security barrier. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.592.]

“Wireless communications facility, attached (WCFA)” means a wireless communications facility that is attached to an existing or approved structure, e.g., an existing building wall or roof, mechanical equipment, tower or pole, water tank, utility pole, or light pole, that does not include an additional wireless communications support structure. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.594.]

“Yard” means a space other than a court on the same lot with a building and open from the ground upward except as otherwise provided herein. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.595.]

“Yard, front” means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto at the nearest point of the foundation of the main building. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.600.]

“Yard, interior” means a front, side or rear yard that is not adjacent to a street or roadway. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.603.]

“Yard, landscaped” means an open area or areas devoted primarily to the planting and maintaining of trees, grass, shrubs, and plants together with sufficient permanent irrigation installation to properly maintain all vegetation. Complementary features, such as fountains, pools, screens, decorative lighting, sculpture and outdoor furnishings, may be placed within said area. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.605.]

“Yard, rear” means a yard extending across the full width of the lot between the most rear main building and the rear lot line, but for determining the depth of the required rear yard, it shall be measured horizontally from the nearest point of the rear lot line; or, if the rear lot line adjoins an alley, then from the centerline of the alley, toward the nearest part of the foundation of the main building. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.610.]

“Yard, side” means a yard, between the main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the foundation of the main building. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.615.]

“Yurt” means a round, domed shelter of cloth or canvas on a collapsible frame with no plumbing, sewage disposal hook-up or internal cooking appliances. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.618.]

Article III. General Provisions

The county (Marion) is hereby divided into use zones, as shown on the official zoning map, which, together with all explanatory matter thereon, is hereby adopted and declared to be a part of this title. The zone names and designations are as follows:

Whenever the terms “S zone,” “A zone,” “R zone,” “F zone,” “C zone,” “P zone,” or “I zone” are used herein, they shall be deemed to refer to all zones containing the same zone letter in their names. For example, the term “R zone” shall include the RS and RM zones.

The RS zone is the most restricted zone and the I zone is the least restricted zone. The CC and C zones shall be considered less restricted than the RM zone, but more restricted than the IUC zone. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.620.]

The board and the county clerk shall certify that “this is the official zoning map referred to in MCC 17.110.620.” The official zoning map may consist of a hard copy printed on mylar or paper or a digital copy. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.630.]

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, there shall be only one official zoning map, which shall be located in the county planning division office, and which official zoning map shall be the final authority as to the zoning status of land and water areas, buildings and other structures. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.650.]

When an ordinance has been enacted amending the official zoning map, the director shall so change the official map. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.660.]

In the event the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature and number of changes and additions, or when it is necessary or desirable for some other reason, the board may adopt all or part of a new zoning map by resolution, and such map shall supersede the prior official zoning map. The superseded map shall be filed for reference purposes for at least one year. The new official map may correct drafting or other errors and omissions in the prior official zoning map, but no such corrections shall have the effect of amending this title or any subsequent amendment thereof. The replacement map shall be certified by the board and county clerk that “this official zoning map supersedes and replaces the official zoning map (date of map being replaced) as part of the Marion County Rural Zone Code.” [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.670.]

This title shall be jointly administered by the county building official and by the director or designee. The building official and the director or other designated officer, prior to issuing any permit pertaining to the use of land or structures, or the erection or alteration of any structure, shall ascertain that the proposed use or construction shall in all ways conform to the requirements set forth in this title.

No permit for the use of land or structures or for the alteration or construction of any structure shall be issued and no land use approval shall be granted if the land for which the permit or approval is sought is being used in violation of any condition of approval of any land use action, is in violation of local, state or federal law, except federal laws related to marijuana, or is being used or has been divided in violation of the provisions of this title, unless issuance of the permit or land use approval would correct the violation.

The director shall handle all matters pertaining to zone changes, variances, land divisions, and conditional uses, and other administrative matters as prescribed by this title; and such other matters as directed by the planning commission, hearings officer, or board.

Any provision in any plat requiring that the board or the planning commission approve any future land uses or divisions shall be satisfied if the proposed land use or division is reviewed and approved by the hearings officer, planning director or designee in accordance with the other provisions of this title.

The director or the hearings officer may deny any land use application if it is determined that the application includes any false or misleading information. Before a decision granting an application becomes final, any land use permit granted pursuant to this title may be reconsidered by the director or hearings officer and may be denied if it is determined that the application included any false or misleading information.

Any land use permit granted pursuant to this title shall be subject to revocation by the director if the director determines that the application for the permit included any false or misleading information, if the conditions of approval have not been complied with or are not being maintained, or if the land use is not being conducted in full compliance with the requirements of local, state and federal laws.

The director’s decision revoking a land use permit may be appealed to the hearings officer, who shall hold a public hearing in order for the permit holder to show cause why the permit should not be revoked. No hearing may be held without a minimum 12 days’ notice to the permit holder.

If the hearings officer finds that the conditions of permit approval have not been complied with or are not being maintained, or that the land use is not being conducted in compliance with applicable laws, the hearings officer may grant a reasonable time for compliance. If corrections are not made within that time, the permit shall be revoked effective immediately upon expiration of the time specified. The hearings officer’s decision may be appealed to the board as provided in MCC 17.122.120.

All land uses shall be conducted in full compliance with any other county ordinance, code and requirement of state and federal law. Failure to conform to other applicable laws may be grounds for revocation of any permits and enforcement action, including, but not limited to, a citation in accordance with Chapter 1.25 MCC.

The director or designee shall determine whether dwellings, structures or uses are a permitted use subject to standards and the limited use provisions in the applicable zone. The administrative review procedures, as provided in Chapter 17.115 MCC, shall be followed in making these decisions. The same process shall be used for other administrative reviews under this title. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1336 § 4 (Exh. A), 2014; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 915 § 8, 1992; Ord. 602 § 6, 1981; Ord. 516 § 2, 1978. RZ Ord. § 110.680.]

In interpreting and applying this title, the provisions herein shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, and general welfare and shall apply uniformly to each class or kind of structure or land. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.690.]

It is not intended by this title to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance previously adopted, relating to the use of buildings or premises, or relating to the erection, construction, establishment, alteration, or enlargement of any buildings or improvements. Nor is it intended by this title to interfere with or abrogate or annul any easement, covenant, or other agreement between parties.

Provided, however, that where this title imposes a greater restriction upon the erection, construction, establishment, alteration, or enlargement of buildings, structures, or improvements, or the use of any such structures or premises than was imposed or required by previous provisions of this title, the existing provisions of this title shall apply, except that such existing provisions shall not apply to valid and unexpired permits previously granted under the terms and provisions of any ordinance. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.700.]

A. Except in the EFU, TC, SA and FT zones, and notwithstanding other provisions of this title, a discretionary decision approving a proposed development expires two years from the date of the final decision if the development action is not initiated during that period.

B. The effective period of an approved application may be extended by the final decision maker or the planning director for additional one-year periods if:

1. There have been no changes in land use law or plan policy that would apply to the application if reapplication was required; and

2. A written request for an extension is filed by the applicant or applicant’s successor prior to the expiration of the approval; and

3. The decision, if rendered after the adoption of this title, included reference to the possibility of an extension, and the extension if consistent with any limits on extensions imposed in the original decision.

C. There shall be no limit on the number of extensions that may be requested and approved.

D. Approval of an extension granted under this section is not a land use decision described in ORS 197.015 and is not subject to appeal as a land use decision. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 110.705.]

Where uncertainty exists as to the boundaries of zones as shown on the official zoning map, the following rules shall apply:

A. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines;

B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

C. Boundaries indicated as approximately following county boundaries shall be construed as following county boundaries;

D. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

E. Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines;

F. Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (E) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;

G. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections (A) through (F) of this section, the director shall interpret the zone boundaries, and if need be, may refer the matter to the planning commission or hearings officer for their interpretation. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.710.]

A. The director may, in the administration of this title, issue an interpretation of its provisions consistent with subsections (B)(1) and (B)(2) of this section. This interpretation is not a land use decision and is not appealable.

B. When, in the administration of this title, there is doubt by the director regarding the intent of this title, the director may request an interpretation of the provision by the planning commission or hearings officer, who may issue an interpretation of the question if they have determined that such interpretation is within their power and is not a legislative act. Any interpretation of this title shall be based on the following:

1. The purpose and intent of this title as applied to the particular section and question; and

2. The opinion of the Marion County legal counsel when requested by the director, planning commission or hearings officer.

C. The director, planning commission or hearings officer may decide that the interpretation of the question is not within their power or that there is insufficient basis upon which to make an interpretation and may request the director to study the problem and, where necessary, propose an amendment to this title.

D. The interpretation by the planning commission or hearings officer shall be forwarded to the board for its information. Copies of the interpretation shall also be furnished each commissioner, the hearings officer and the director. When such interpretation is of general public interest, copies of such interpretation shall be made available for public distribution. [Ord. 1480 § 4 (Exh. B), 2025; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.720.]

The following rules shall apply in interpreting use classification and descriptions:

A. Within each zone, uses are classified as “permitted” and “conditional.” Further, uses are functionally classified by description of the particular activity (such as “single-family residence”), or by reference to a category in the Standard Industrial Classification Manual, 1987 (SIC). The SIC is an aid to interpretations. Where the term used to describe a permitted or conditional use is defined in this code, the definition takes precedence over any SIC classification.

B. When uses have a functional SIC classification, the applicable SIC index number assigned to the manual is referenced as an aid to interpretation.

C. Where a use is not described with reference to the SIC manual or defined in this code, the words describing such use are to be given their ordinarily accepted meaning. The descriptions and lists of included activities in the SIC classifications may be used to interpret which use classification is appropriate for a particular use not specifically identified in this title.

D. A use defined in this code is also included within an SIC category, and it is the intent that the use defined in this code be allowed in a zone where the SIC category including the defined use is referenced even though the use is not specifically referenced in the zone.

E. A use defined in ORS Chapter 215 or OAR Chapter 660 takes precedence over any definition or SIC classification. [Ord. 1480 § 4 (Exh. B), 2025; Ord. 1271 § 5, 2008. RZ Ord. § 110.725.]

The director may permit in any zone any use not described or listed in this title for any other zone if, in the opinion of the director, the requested use is of the same general type and is similar to the uses permitted in the zone. Such review and permission shall be made in the same manner as other interpretations of this title. The director shall use the Standard Industrial Classification Manual, 1987, as a guide in making this interpretation. [Ord. 1480 § 4 (Exh. B), 2025; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.730.]

Notwithstanding any other provision in this code, a commercial battery energy storage system, which uses batteries to store electrical energy for use on the electrical grid, is not allowed in any zone. This prohibition does not apply to personal battery storage systems that do not primarily store power for public use or sale. [Ord. 1480 § 4 (Exh. B), 2025.]

Filing fees shall be set by order of the board of commissioners. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978; Ord. 484, 1977. RZ Ord. § 110.740.]

Any land use decision or permit that has not expired runs with the land and is transferable unless the decision or permit specifically limits transferability. [Ord. 1271 § 5, 2008. RZ Ord. § 110.755.]

Whenever a violation of this title occurs or is alleged to have occurred, any person may file a signed written complaint with the director or county building official. It shall be the duty of said official to investigate any such complaint and any violation regardless of whether or not a complaint has been made thereof and to take such action as may be necessary. The director has the discretion to choose not to enforce a violation. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.760.]

The board may, on its own motion, summon any application for a land use decision at any time and make the initial determination on said application. In those cases where the board exercises its authority to make the initial determination on an application, the board substitutes itself for the planning commission, hearings officer or director and shall follow all procedures for reaching a decision just as if the board was the planning commission, hearings officer or director, except that the decision issued is final and appealable only to the Oregon Land Use Board of Appeals.

The board may call up any land use decision of the director, planning commission or hearings officer. This action of the board shall be taken at the meeting where notice of the decision is presented. When the board takes this action, the director’s, planning commission’s or hearings officer’s records pertaining to the land use action in question shall be forwarded the board. The call up shall stay all proceedings in the same manner as the filing of a notice of appeal. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 619 § 3, 1982. RZ Ord. § 110.765.]

The following regulations shall apply in all zones at all intersections of streets, alleys, roadways, and driveways in order to provide safe visibility for vehicular and pedestrian traffic:

A. Local street intersections shall have vision clearance areas defined by a minimum of 30-foot legs along each street. Where there is stop control at the intersection of local streets, the vision clearance area shall have a minimum of a 10-foot leg on the minor street and a 50-foot leg on the major street.

B. Local streets intersecting streets designated as collectors or arterials in the Comprehensive Plan shall have vision clearance areas defined by minimum of a 10-foot leg along the local street and a 100-foot leg along the collector or arterial street.

C. Private roadways, driveways and public alleys intersecting local streets shall have vision clearance areas defined by a minimum of a 10-foot leg along the driveway and a 50-foot leg along the street.

D. Private roadways, driveways and public alleys intersecting streets designated as collectors or arterials in the Comprehensive Plan shall have vision clearance areas defined by a minimum of a 10-foot leg along the driveway and a 100-foot leg along the collector or arterial street.

E. The department of public works may prescribe special dimensions and conditions for the vision clearance area at or in the vicinity of intersections of driveways, roadways and streets with a public street according to recognized traffic engineering standards, where, due to grade, road alignment and geometry, irregular lot shape, substandard right-of-way width, or vehicle speeds, the vision clearance areas provided in subsections (A), (B), (C) and (D) of this section do not provide for adequate intersection visibility. This may include adjacent parcels or parcels across the road in unusual geometric situations.

F. The “vision clearance area” shall be defined as the area contained by a diagonal line across the corner between points on: a public right-of-way or public easement line; a boundary of a private roadway easement or 10 feet from the centerline thereof, whichever is greater; a line parallel to and 10 feet from the centerline of a driveway. The points are measured from the intersection of the right-of-way lines or the boundary of a roadway or driveway. If no point exists it shall be measured from the point of intersection of the projection of these lines.

G. Except as provided in subsections (G)(1) and (2) of this section, the vision clearance area required by this section shall not contain any planting, fences, walls, structures, or temporary or permanent obstructions to vision, including parked vehicles, exceeding 30 inches in height above the curb level or the end of the travel lane when there is no curb:

1. Only one supporting post or pillar, no greater than 12 inches in diameter or 12 inches on the diagonal if rectangular, is permitted within a vision clearance area unless otherwise approved by the department of public works. Exceptions are posts or supporting members of street signs, street lights and traffic control signs installed as directed by the department of public works, or any other sign, post or pole erected for public safety.

2. Vision clearance shall be required to a minimum height of seven feet above the curb level or edge of travel lane where there is no curb. Where public buses, trucks and other service vehicles travel on the minor leg of the intersection, vision clearance shall be required up to a height of 10 feet above the curb level or edge of travel lane where there is no curb.

H. The street classification (local, collector or arterial) shall be as established in the Marion County Transportation System Plan.

I. The vision clearance provisions of this section shall not be construed as waiving or altering any yard, landscaping or setback requirements that may be required by this title or any other ordinance. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.770.]

All street rights-of-way shall be not less than as set forth below:

A. All street rights-of-way, pavement widths, shoulder widths and other design features shall meet Marion County engineering standards.

B. Special street setbacks as set forth in MCC 17.112.020 also apply. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.780.]

No building permit shall be issued for a building or structure on a lot which abuts a street dedicated to a portion only of its required width and is located on that side which has not yet been dedicated or condemned, unless the yards provided on such lot include both that portion of the lot lying within the required street and the required yards. This portion shall not be construed as being in lieu of or waiving any subdivision or partitioning requirement of this title or any other ordinance. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.790.]

Every dwelling shall be situated on a lot having direct access by abutting upon a public street or a pre-existing private driveway of a width not less than 20 feet. A private drive shall not serve more than four dwelling units unless the parcels, on which those units are proposed to be placed, were established with the approval of Marion County in accordance with state law and Marion County ordinances prior to May 1, 1977, or were approved under Chapter 17.121 MCC, Planned Development.

Note: Driveway widths, grade and surfacing pertaining to parking lot access will be referred to in Chapter 17.118 MCC, Off-Street Parking and Loading. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978; Ord. 470 § 1, 1977. RZ Ord. § 110.800.]

The regulations set by this title within each zone shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.810.]

No building, structure, or premises shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, moved, structurally altered, or enlarged unless in conformity with all the regulations herein specified for the zone in which it is located, and then only after applying for and securing all permits and licenses required by all laws and ordinances, except as provided in subsections (A) and (B) of this section.

A. Federally owned lands are exempt from the permit provisions of this title. However, land use activities on federal lands shall be managed in a manner consistent with the intent of the Marion County Comprehensive Plan, this title, and the Land Policy and Management Act of 1976;

B. On public park lands, park maintenance including rehabilitation, replacements, minor improvements, repair and similar maintenance activities are not subject to conditional use permit requirements. In addition, development of new facilities identified in county-approved state park master plans and in county-approved county park plans are not subject to the conditional use procedures. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 579 § 6, 1980; Ord. 516 § 2, 1978. RZ Ord. § 110.820.]

The impact of proposed land uses on water resources shall be evaluated and potential adverse impacts on the water resources shall be minimized.

Where evidence indicates groundwater limitations and the development will use groundwater as a water supply, the developer shall demonstrate that adequate water can be provided without adversely affecting the groundwater resource. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 602 § 6, 1981. RZ Ord. § 110.830.]

Proposed land uses within 1,500 feet of a county-designated or approved significant or potential mineral or aggregate extraction site shall be evaluated and if the site will be adversely affected, the proposed use shall be relocated, buffered or the potential impact otherwise mitigated without imposing special requirements on the extraction operation. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 925 § 6, 1992; Ord. 602 § 6, 1981. RZ Ord. § 110.831.]

Proposed land uses regulated by Marion County within, or adjacent to, scenic and natural areas and recreational trails designated for protection in the Comprehensive Plan shall be evaluated to determine if the proposed use will adversely impact on the designated resource. If there are potential adverse impacts, the proposed use shall be modified or conditioned to mitigate the impacts. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 602 § 6, 1981. RZ Ord. § 110.832.]

The impact of proposed land uses on stormwater runoff shall be evaluated and potential adverse impacts shall be mitigated. Where evidence indicates stormwater runoff will have an adverse impact on a drainage system or natural drainage network, the developer shall demonstrate that proposed stormwater management on the subject property will compensate for the proposed change per county standards. Compliance with this requirement shall be demonstrated by compliance with department of public works engineering standards. [Ord. 1271 § 5, 2008. RZ Ord. § 110.833.]

A proposed residence or place of public assembly proposed in a noise impact area identified in the Comprehensive Plan shall be referred to the DEQ (Department of Environmental Quality) for comment on how serious the impact will be and how the proposal can be modified to maintain acceptable noise levels. Adequate mitigation of noise impacts shall be provided. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 602 § 6, 1981. RZ Ord. § 110.834.]

The impact of land use actions regulated by this title on fish and wildlife habitat identified in the Marion County Comprehensive Plan shall be evaluated and the proposal modified or conditioned as necessary to minimize potential adverse impacts and to preserve the existing resource. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 579 § 6, 1980. RZ Ord. § 110.835.]

The historic structures and sites identified in the Marion County Comprehensive Plan are a unique resource deserving of special consideration. When the Comprehensive Land Use Plan identifies a historic use or structure, the subject property shall be identified by a graphic symbol on the official zoning map. Designation on the official zoning map shall be amended automatically to correspond to any additions or deletions in the Comprehensive Land Use Plan designation. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 602 § 6, 1981; Ord. 579 § 6, 1980. RZ Ord. § 110.836.]

Agricultural soils determinations shall be based on the classifications shown in “Soil Survey of Marion County Area: September, 1972,” unless the applicant provides a detailed soils evaluation from a consulting soils scientist whose credentials have been certified as acceptable to the State Department of Agriculture that the soil class, soil rating, or other soil designation should be changed, and the report satisfies the most recent requirements in the Oregon Administrative Rules for acceptable soils reports. Any changes in the soil class, soil rating, or other soil designations are limited to those authorized in the Oregon Administrative Rules and Oregon Revised Statutes for dwellings in farm or forest zones (see ORS 215.705). [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 979 § 6, 1994; Ord. 579 § 6, 1980. RZ Ord. § 110.838.]

Any amendment of this title that amends, supplements or changes only the text hereof shall be initiated by the board, hearings officer or by the planning commission by resolution. If the board initiates the amendments, the resolution shall prescribe whether the hearings officer, planning commission or board shall conduct the hearing. If the planning commission initiates the amendments, the resolution shall prescribe whether the hearings officer or planning commission shall conduct the hearing. Whenever an amendment is initiated by the board the resolution may be referred to the director, planning commission or hearings officer for its recommendations without holding a hearing on the matter, unless directed by the board to hold a hearing. On these matters, the planning commission may choose to hold a hearing at its discretion.

In every case of a proposed amendment, the director shall fix a date for a public hearing before the board, planning commission or hearings officer and shall cause notice to be given as provided in Chapter 17.111 MCC. After the public hearing, the director, planning commission or hearings officer may refer its recommendations to the board. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.840.]

Any petition or proceeding pending before the planning commission, hearings officer or the board for a zone change or reclassification of any premises from one zone to another, or for any variance, shall abate by the passage of this title, but the petitioner, if he so requests, shall be permitted to amend his petition or application so as to conform to the designation of zones and other provisions of this title. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.850.]

It shall be unlawful for any person to violate any provision of this title, to permit or maintain any such violation, to refuse to obey any provision hereof, or to fail or refuse to comply with any such provision except as variation may be allowed under this title. Proof of such unlawful act or failure to act shall be deemed prima facie evidence that such act is that of the owner. Prosecution or lack thereof of either the owner or the occupant shall not be deemed to relieve the other. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.860.]

It shall be the duty of the director and county building official to enforce this title. Violations of this title may be prosecuted and penalties assessed pursuant to Chapter 1.25 MCC, Enforcement. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.870.]

If any section, paragraph, subdivision, clause, sentence, or provision of this title shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this title, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered, it being the intent of the board to enact the remainder of this title notwithstanding the parts so declared unconstitutional and invalid; and should any section, paragraph, subdivision, clause, sentence or provision of this title be declared unreasonable or inapplicable to a particular premises or to a particular use at any particular location, such declaration of judgment shall not affect, impair, invalidate, or nullify such section, paragraph, subdivision, clause, sentence, or provision as to any other premises or use. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 110.880.]

Public hearings, when required by this title, shall be conducted by the hearings officer, planning commission, or board of commissioners in a manner prescribed by state law and this chapter. For the purposes of this chapter, “hearings authority” means the hearings officer, planning commission, or board of commissioners. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 111.010.]

The director shall schedule all hearings before the hearings officer and planning commission. If the applicant for a quasi-judicial land use action requests a different hearing date, the director may reschedule the hearing. If the requested hearing date is later than otherwise would have been scheduled, the director may require the applicant to request an extension of the time limit for making a decision under state law. The director may require the applicant to pay a fee for renotification. If the hearings officer or chair of the planning commission requests a change in the hearing date the director shall reschedule the hearing. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 111.020.]

Upon the fixing of the time of a quasi-judicial public hearing, notice shall be provided as follows:

A. Notice of hearing shall be mailed to the applicant, the property owners, co-tenants if the subject property is owned by tenants, in common, state and local agencies that may have concerns regarding the request, and as provided in subsection (C) of this section.

B. The notice of hearing shall contain:

1. The date, time and location of the hearing;

2. The nature of the application, and the proposed uses that could be authorized;

3. The address or other easily understood geographical reference to the subject property;

4. A list of the topical headings and numbers of the criteria from the Comprehensive Plan and this title that apply;

5. A statement that failure to raise an issue in a hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the hearings authority an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals on that issue;

6. The name of the planning director’s staff to contact, and the telephone number where additional information may be obtained;

7. A statement that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and that a copy will be provided at reasonable cost upon request;

8. A statement that a copy of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost and that copies will be provided at reasonable cost upon request;

9. A general explanation of the requirements for submission of testimony and the procedure for conduct of hearings.

C. Notices of quasi-judicial public hearings shall be mailed at least 20 days prior to the date of the first evidentiary hearing and 10 days prior to the date of any subsequent hearings. Failure to receive such notice by mail shall not affect the validity of the proceedings. In addition, notices shall also be mailed to an appointed area advisory committee when it exists. The Director of the Department of Land Conservation and Development shall be notified of a hearing involving an amendment to a comprehensive plan or land use regulation 35 days prior to the first evidentiary hearing on adoption. The notice shall be provided to the applicant, the owner(s) of the subject property, and owners of record of property on the most recent property tax assessment roll where the property is located within:

1. Two hundred fifty feet of the property subject to the notice for subject property that is not within the EFU, SA, FT or TC zone; or

2. Seven hundred fifty feet of the property subject to the notice for subject property that is within the EFU, SA, FT or TC zone;

3. Notice shall be sent to owners of a public-use airport of any land use action within 5,000 feet of the side or end of a “visual airport” runway, or within 10,000 feet of an “instrument airport” runway, unless the action involves structures less than 35 feet tall outside the runway approach surface;

4. Notice shall also be provided to any neighborhood or community organization recognized by the board and whose boundaries include the site;

5. Notice of the public hearing on an application for an aggregate site shall be mailed to all owners of property, any portion of which is within 1,500 feet of the subject property. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 111.030.]

Upon the fixing of the time of a public hearing, notice shall be provided as follows:

A. Notice shall be mailed to area advisory committee members, the Oregon Department of Land Conservation and Development; other local, state or federal agencies that are likely to have an interest in the subject of the hearing; and any citizens that have expressed or have been identified as having interest in the subject of the hearing.

B. The notice shall contain a description of the action being considered; the date, time and location of the hearing; a file or case number if one exists, and the name and telephone number of a person who can be contacted for additional information. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 111.040.]

Notices of public hearings to be held by the planning commission, hearings officer or board on legislative amendments to the text of this title, or the Comprehensive Plan, shall be given by publishing notice in a newspaper of general circulation in the county at least once not less than 10 days prior to the hearing. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 111.050.]

The following procedures shall be observed in the conduct of all quasi-judicial hearings:

A. At the commencement of a hearing, a statement shall be made to those in attendance that:

1. Identifies the applicable substantive criteria;

2. States that testimony and evidence must be directed toward the identified criteria or other criteria in the plan or this title which the person believes to apply to the decision; and

3. States that failure to raise an issue accompanied by statements or evidence sufficient to afford the decision-maker and the parties an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue.

B. The hearings authority may continue the hearing to a certain date, may close the hearing and keep the hearing record open to a certain date to allow submittal of written testimony, and may reopen the hearing record to admit new evidence or testimony.

C. Prior to conclusion of an initial evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application. If such a request is made, the hearings authority shall:

1. Grant a continuance, in which case the hearing shall be continued to a date, time, and place certain at least seven days from the date of the initial evidentiary hearing. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence, arguments, and testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to conclusion of the continued hearing, that the record be left open for at least seven days to submit additional written evidence, arguments, or testimony for the purpose of responding to the new written evidence; or

2. Leave the record open for at least seven days for additional written evidence, arguments, or testimony. Any participant may file a written request with the hearings authority for an opportunity to respond to new evidence submitted during the period the record was left open. If such a request is filed, the hearings authority shall reopen the record pursuant to subsection (D) of this section.

D. If the hearings authority reopens the hearing record to admit new evidence or testimony, any person may raise new issues that relate to the new evidence, testimony or criteria for decision-making which apply to the matter at issue.

E. A continuance or extension granted pursuant to this section shall be subject to the limitations of ORS 215.428 unless the continuance or extension is requested or agreed to by the applicant.

F. Unless waived, the applicant shall be allowed at least seven days after the record is closed to all other parties to submit final written arguments in support of the application. The applicant’s final submittal shall be considered part of the record, but shall not include any new evidence. This seven-day period shall not be subject to the limitations of ORS 215.428.

G. For the purposes of this section:

1. “Argument” means assertions and analysis regarding satisfaction or violation of legal standards or policy believed to be relevant by the proponent of a decision. “Argument” does not include facts.

2. “Evidence” means facts, documents, data or other information offered to demonstrate compliance or noncompliance with the standards believed by the proponent to be relevant to the decision. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 111.060.]

A. Following the close of the hearing and receipt of all evidence and arguments:

1. The hearings officer shall issue a written order or recommendation. The order shall be transmitted to the board’s office. A copy of the order and the file shall be transmitted to the director.

2. For planning commission decisions, the director shall prepare a notice of decision or recommendation.

3. For quasi-judicial decisions, the board shall issue a written ordinance for zone changes and Comprehensive Plan amendments, or a written order for other types of applications. The order or ordinance shall be filed with the county clerk.

B. Notice of the decision of quasi-judicial land use actions shall be mailed to the applicant, the applicant’s representative, the owners of the subject property identified in the application, those who testified at the hearing or requested notice in writing, and others as required by law.

C. A decision by the hearings authority shall be effective 15 days from the date the notice of decision is mailed, unless appealed, called up by the board, or further action is required. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 111.070.]

The governing body may establish, vary, modify, alter or eliminate any future right-of-way line for any reason or purpose after proceedings as provided for administrative reviews as outlined in MCC 17.110.680. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003. RZ Ord. § 112.010.]

A. The special setbacks in this section are based upon the functional classification of streets as described in the Marion County Rural Transportation System Plan outside urban growth boundaries. The purpose of these special setbacks is to permit the eventual expansion or improvement of streets and roads in order to safely accommodate vehicular or pedestrian traffic. The special setback shall be measured from the centerline of the street right-of-way.

B. Except as provided herein structures, including but not limited to utilities, retaining walls, fences and curbing and paved surfaces shall not be located within the special setbacks specified in subsection (F) of this section. Any portion of a structure lawfully established within a special street setback prior to adoption of this title shall be considered a nonconforming structure. Other yard areas and setbacks specified adjacent to streets shall be in addition to the special setbacks required by this section. These setback distances shall be measured at right angles to the centerline of the established right-of-way. Parking requirements shall be met outside of the special setback area.

C. The planning director may approve placement of signs or light standards, and temporary structures, or paved surfaces within the special setback area upon determination that the county department of public works or Division of State Highways, if applicable, has no objections, and provided the property owner signs a written agreement that the owner or his heirs or assigns will, within 45 days after being notified by the county, remove all portions of the structures or signs, light standards, parking or temporary structures within the special setback. The agreement shall provide that if the owner fails to remove the listed items the county or state may do so at the expense of the owner and the expense shall be a lien against the land and may be collected or foreclosed in the same manner as liens entered in the county lien docket. The agreement shall be recorded by the owner in the applicable deed records. Notice requiring removal shall be given when the responsible public agency is planning a project or identifies an actual need to improve the street in front of the owner’s property or the department of public works determines that the structure is a threat to the public health, safety or welfare. The agreement shall also provide that the owners shall not be entitled to any damages or compensation for the removing of any structure or loss of parking spaces approved under this provision but this stipulation shall not deny the owner the right to compensation for any land or any structures existing prior to the adoption of this title, taken for a roadway-related project.

D. The planning director may also approve temporary structures within the street yard required in the applicable zone, exclusive of the vision clearance area, subject to the requirements in subsection (C) of this section.

E. Required yard areas adjacent to a street shall be measured from the setback lines as set forth in this section.

F. Special Setback Requirements.

1. The special setback requirements shall be based on the functional classification in the Rural Transportation System Plan with the exception of those road segments listed under subsection (F)(2) of this section.

a. State highway: 50 feet.

b. Principal arterial: 50 feet.

c. Arterial: 50 feet.

d. Major collector: 40 feet.

All other facilities shall have a special setback of 30 feet as identified in the Rural Transportation System Plan (Section 10.3.6).

2. The following streets or roads shall have a centerline setback as specified:

a. Repealed by Ord. 1397.

b. Cordon Road adjacent to the urban growth boundary of Salem and up to Hazelgreen Road: 60 feet.

c. North Fork Road from Oregon 22 to Gates Hill Road: 50 feet.

d. State Street from Howell Prairie Road to Cascade Highway: 40 feet.

e. Sunnyview Road from Howell Prairie Road to Cascade Highway: 40 feet.

f. Macleay Road from 65th Avenue to Howell Prairie Road: 40 feet.

g. Riverside Road from River Road to Sidney Road: 40 feet.

h. Sidney Road from Riverside Road to Buena Vista Road: 40 feet.

i. Buena Vista Road from Sidney Road to Buena Vista Ferry: 40 feet. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003. RZ Ord. § 112.020.]

Every building erected shall be located on a lot as herein defined. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.010.]

No lot or parcel of land held under separate ownership at the effective date of the ordinance codified in this title shall be separated in ownership or reduced in size below the minimum lot width or lot areas required by this title, nor shall any lot or parcel of land held under separate ownership at the effective date of the ordinance codified in this title, which has a width or an area less than required by this title, be further reduced in any manner. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.020.]

No portion of a lot necessary to provide the required area per dwelling unit shall be separated in ownership from the portion of the lot on which the building containing dwelling units is located. No required yard or other open space around an existing building shall be separated in ownership from the portion of the lot upon which the building is located. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.030.]

No lot area shall be so reduced or diminished that the yards or other open space shall be smaller than prescribed by this title, nor shall the number of dwelling units be increased in any manner except in conformity with the regulations herein established. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.040.]

No required yard or other open space or required driveway provided around or for any building or structure for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building, nor shall any yard or other required space on an adjoining lot be considered as providing a yard or open space on the lot whereon the building is to be erected. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.050.]

Every required front, side and rear yard shall be open and unobstructed by buildings or structures from the ground to the sky except for those projections and accessory structures permitted by this title. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.060.]

No parking shall be allowed exclusive of driveways within the required front yard areas. The side yard and rear yard areas may be used for parking of vehicles unless otherwise prohibited by this title. The yard areas and driveways adjacent to a street shall not be used for the permanent storage of utility trailers, house or vacation trailers, boats or other similar vehicles. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.070.]

Every building shall be set back from the front lot line at least 20 feet, except in the instance where the average depth of the other buildings on the same side of the street is between 20 and 10 feet, then the average depth may be used. The average depth is the average of the distance from the closest part of the foundation of the existing buildings to the front property line where the existing buildings are within 200 feet of the center of the proposed building, on the same side of the street, within the same block.

If existing buildings are within 10 feet of the property line then no less than 10 feet shall be used in figuring the average, or if existing buildings are more than 20 feet from the property line then the minimum requirement of 20 feet shall be used in figuring the average.

When, by this title or any other ordinance, a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.080.]

Planter boxes, chimneys and flues, steps, cornices, eaves, gutters, belt courses, leaders, sills, pilasters, lintels, and other ornamental features of not more than 24 inches, from main buildings, uncovered porches, covered but unenclosed porches when not more than one story high and which do not extend more than 10 feet beyond the front walls of the building, but in no case shall such projection come closer than 10 feet from the property line and the floors of which are not more than four feet above grade, are exempt from the front yard setback provisions and need not be included when determining the average setback. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.090.]

A. Cornices, eaves, gutters, and fire escapes, when not prohibited by any other code or ordinance, may project into a required side yard not more than one-third of the width of the side yard, nor more than three feet in any case.

B. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, and ornamental features may project not more than one and one-half feet into a required side yard; provided, however, chimneys and flues shall not exceed six feet in width.

C. Uncovered decks and patios attached to the main building when measured directly beneath the outside edge of the deck or patio may be extended to the side yard property line when they are three feet or less in height from ground level. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.100.]

A. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, gutters, and other ornamental features may project not more than one and one-half feet into a required rear yard; provided, however, chimneys and flues shall not exceed six feet in width.

B. A fire escape, balcony, outside stairway, cornice or other unenclosed, unroofed projections may project not more than five feet into a required rear yard and be set back at least six feet from any property line.

C. Planter boxes, steps, uncovered porches, covered but unenclosed porches including covered patios when not more than one story high and the floors, which are not more than four feet above grade and which shall not come closer than 14 feet from the rear lot line, are exempt from the minimum rear yard depth requirement. (See MCC 17.117.070, Accessory structures attached to the dwelling.)

D. No permitted projection into a required rear yard shall extend within 10 feet of the centerline of an alley, or of a rear lot line if no alley exists, or within six feet of an accessory building.

E. Uncovered decks and patios attached to the main building when measured directly beneath the outside edge of the deck or patio may be extended to the rear yard property line when they are three feet or less in height from ground level. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.110.]

A. Transmission towers and chimneys may exceed the maximum height of the zone in which they are located.

B. Towers containing wind turbines or windmills may exceed the maximum height requirements of the zone in which they are located, provided they:

1. Meet the required yard setbacks in the applicable zone; and

2. Are set back from all property lines a distance equal to at least the tower height plus the length of one blade at its total extended height.

C. Electronic communication antennas, such as radio and television receiving antennas, may exceed the height limits, but must meet provisions regulating such installation.

D. Ham (noncommercial) radio transmitting towers and antennas may exceed the height requirements but must meet any other provisions regulating such installations.

E. Steeples may exceed the maximum height of the zone in which they are located, provided:

1. That they do not contain any habitable space;

2. That they do not exceed 185 feet in height; and

3. That the planning commission or hearings officer permits a greater height, as a conditional use, when they are within 185 feet of or are in an RS zone. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.120.]

To prevent encroachment of potential hazards in the floodplain of natural waterways, particularly those not having a designated floodplain, and to permit or afford better light, air, vision, stream pollution control, and to preserve the natural scenic amenities and vistas along the streams in all zones, there shall be a special setback from open waterways for all structures, fill, and outdoor storage as provided herein:

A. All septic tank, septic tank drain field, cesspool and pit privy disposal facilities shall meet State of Oregon Department of Environmental Quality (DEQ) standards.

B. Outdoor storage, fill, and structures, with the exception of bank stabilization structures, dams, weirs, cable crossings, power poles, docks, bridges, culverts, and ramps and streets leading thereto, are prohibited within the following setback areas:

1. Thirty feet from natural lakes of one acre or more, reservoirs of one acre or more, and from the following natural waterways more than 15 feet wide: Willamette River, Santiam River, North Fork of the Santiam, Butte Creek, and the Pudding River. (See Chapter 17.179 MCC, Greenway Management Overlay Zone).

2. Twenty feet from all other perennial rivers and streams, and any portion of the rivers and streams in subsection (B)(1) of this section that are less than 15 feet in width.

C. All measurements are horizontal and perpendicular from the line of nonaquatic vegetation, or the ordinary high waterline, whichever is furthest from the waterway.

D. Where the combination of setbacks required in the applicable zone and the stream setback result in a buildable lot depth of less than 50 feet an adjustment to the stream setback or the setback requirements of the applicable zone may be granted provided the adjustment is the minimum necessary to accommodate the proposed structure. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 113.140.]

The lawful use of land existing on the effective date of the ordinance codified in this title, although such use does not conform to the regulations specified for the zone in which such land is situated, may be continued; provided, that no such use shall be enlarged or increased, or be extended to occupy a greater area than that occupied by such use at the time of the passage of the ordinance codified in this title, and if any such use ceases, as hereinafter provided, subsequent use of such land shall be in conformity with the regulations specified in this title for the zone in which such land is situated. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.010.]

The lawful use of a building existing on the effective date of the ordinance codified in this title may be continued although such building or the use made thereof does not conform to the regulations specified for the zone in which such building is located. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.020.]

A. Notwithstanding MCC 17.110.680 and Chapter 17.172 MCC, any lot created by deed, plat or subdivision prior to September 1, 1977, is considered legally created for the purposes of applying the land use code.

B. For a lot or parcel created by sale on or after September 1, 1977, but before January 1, 2007, an application to validate a unit of land that did not comply with the applicable criteria for creation of a unit of land may be approved if:

1. The unit of land could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold.

2. Notwithstanding subsection (A) of this section, an application to validate a unit of land may be approved if the county approved a land use permit, as defined in ORS 215.402, for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, the county must determine that the dwelling qualifies for replacement under the criteria set forth in MCC 17.136.030(D)(1) through (5).

3. An application to validate a unit of land under this section is an application for a land use permit, as defined in ORS 215.402. An application under this section is not subject to the minimum lot or parcel sizes established by ORS 215.780.

4. The unit of land becomes a lawfully established parcel when the county validates the unit of land under this section if the owner of the unit of land causes a partition plat to be recorded within 90 days after the date the county or city validates the unit of land.

5. Development or improvement of a parcel created under subsection (B)(4) of this section must comply with the applicable laws in effect when a complete application for the development or improvement is submitted.

6. An application for a land use permit, as defined in ORS 215.402, or a permit under the applicable state or local building code for the continued use of a dwelling or other building on a unit of land that was not lawfully established may be approved if:

a. The dwelling or other building was lawfully established prior to January 1, 2007; and

b. The permit does not change or intensify the use of the dwelling or other building; and

c. There are no other violations on the property. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.040.]

If the actual operation of a nonconforming use of a building ceases for a continuous period of one year, such building and the land on which it is located shall then be subject to all the regulations, except required setback and off-street parking, specified in this title for the zone in which such land and building is situated. In case the nonconforming use of land where no building is involved ceases for a period of 30 days, then such land shall be subject to all the regulations specified for the zone in which the land was located. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.050.]

A nonconforming structure may be repaired and maintained so long as any such repair or maintenance does not in any way increase its nonconformity and it remains otherwise lawful. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.060.]

A. Restoration or replacement of any lawful nonconforming building or structure may be permitted when the restoration is made necessary by fire, other casualty or natural disaster.

B. When it is permissible to restore or replace any lawful nonconforming building or structure, restoration or replacement shall be commenced within one year from the occurrence of the fire, casualty or natural disaster. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.070.]

A nonconforming building may be enlarged, extended, or structurally altered provided such enlargement, extension or structural alteration itself conforms in all respects to the regulations specified by this title for the zone in which such building is located, but otherwise it shall be unlawful to enlarge, extend or structurally alter any nonconforming building.

For buildings where the structure is nonconforming for property line setback only, a one-time expansion is allowed that extends the linear setback nonconformance no more than 10 percent, or not more than 10 feet, whichever is greater. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.080.]

Additions and improvements may be made to nonconforming residential structures located in industrial zones, provided such additions comply with the regulations specified by this title for the RS zone (see Chapter 17.131 MCC). [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.085.]

A nonconforming use of a portion of a building may be extended throughout the entire building; provided, that such extension be approved by the director, planning commission or hearings officer after proceedings are had as in this title provided for variances and adjustments. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.090.]

The nonconforming use of a building may be changed to a use of the same or more restricted nature when such change of use is approved by the director, planning commission or hearings officer after proceedings are had as in this title provided for variances and adjustments. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.100.]

Any use which is permitted as a conditional use as provided in this title shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use, qualified with such conditions as the director, planning commission or hearings officer has required. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.110.]

Whenever any premises are reclassified or changed from one zone to another, the provisions of this title dealing with nonconforming uses and buildings shall apply to any use or building in the area reclassified or changed from one zone to another. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.120.]

Any use conducted or established, or any building or structure erected or maintained at and before the effective date of the ordinance codified in this title in violation of any planning or zoning ordinance then in effect, which use, building or structure, or the establishment, erection, or maintenance whereof is also unlawful under this title, shall not be classified as a nonconforming use by virtue of the repeal of any such former ordinance; and continuation of any such use, building or structure shall constitute a violation of this title. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.130.]

Any use or building heretofore lawfully established or erected pursuant to the variance provisions of any ordinance (except that those buildings or uses which were established as permitted variances by said ordinance shall be considered as conditional uses and shall be maintained in the manner prescribed for conditional uses in MCC 17.119.010 through 17.119.070) may continue to be used and may continue to be maintained as heretofore authorized, even though the ordinance authorizing the same, or pursuant to which ordinance such use or building was established or erected, has since been repealed and notwithstanding the fact that such variance, local option use or building is not permitted under the terms of the present ordinance; provided, however, such use shall not be changed unless the change be made to a use permitted under this title.

For purposes of verifying a nonconforming use, an applicant may not be required to provide verification to prove the existence, continuity, nature and extent of the use for a period exceeding 20 years immediately preceding the date of application. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.140.]

A nonconforming use may be enlarged, expanded, or extended wholly on the same lot or parcel or on an adjacent lot or parcel consistent with the criteria below when such enlargement, expansion or extension is approved by the planning commission, hearings officer, or planning director through the variance proceedings set forth in Chapter 17.122 MCC. Any approval by the planning commission, hearings officer, or planning director of an application for the enlargement, expansion or extension of a nonconforming use shall be allowed only after findings are made which reflect the following considerations:

A. The intent and purpose of the zoning or zone change which caused the subject use to become nonconforming;

B. Adverse impact of the expansion of the nonconforming use on the interests sought to be protected by the zone in which the subject property is located;

C. The availability, including economic factors, of other property where the subject use would be a conforming and permitted use;

D. The availability of other appropriate remedies;

E. The presence of unnecessary, unreasonable hardships or practical difficulties which can be relieved only by approving the request;

F. Whether the request is the minimum necessary to permit development of the property for the proposed use;

G. Whether the request will not have a significant adverse effect on property or improvements in the neighborhood of the subject property;

H. Whether the request will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity.

The approval of an application under this section does not waive the status of the nonconforming use. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 1125 § 4, 2000. RZ Ord. § 114.150.]

The director is authorized to issue determinations or administrative reviews regarding conformance of existing or proposed uses on a particular lot or parcel within the requirements of this title, including determinations or administrative reviews relating to nonconforming uses as provided in Chapter 17.110 MCC, subject to the requirements of this chapter. [Ord. 1313 § 4 (Exh. A), 2011.]

A determination includes, but is not limited to, written information provided by the director regarding the application of this title to a specific lot or parcel such as an indication of conformance with applicable provisions of this title. In official correspondence or on a state agency permit, building permit, mobile home siting permit, occupancy permit, or similar document. (See Chapter 17.110 MCC for procedures for clarifying the applicability of this title under general circumstances). Oral information is not a determination and cannot be considered the basis for any act in violation of this title.

An administrative review is a written determination that requires an interpretation or the exercise of factual, policy, or legal judgment, and is considered a land use decision and is issued as a land use permit. [Ord. 1313 § 4 (Exh. A), 2011.]

The following procedures shall apply to requests for written determinations not associated with a building permit, mobile home siting permit, occupancy permit or similar action.

A. Any interested person may request a written determination.

B. The request shall identify the name, address and phone number of the applicant, and the owner and address of the property.

C. Requests shall include a copy of the latest property transfer document.

D. The request shall also include a written explanation of the specific issues to be determined. [Ord. 1313 § 4 (Exh. A), 2011.]

A. The director shall review requests for determinations. For requests submitted under MCC 17.115.030 written findings shall be prepared indicating whether or not the use meets the criteria in MCC 17.115.050. The written determination shall identify the expiration date and procedure for obtaining an extension as provided in MCC 17.115.090.

B. The written determination shall be provided to the applicant and to any persons who request a copy.

C. The director may charge a fee set by order of the board for a written determination. The director shall keep a file of all written determinations.

D. The director shall not be responsible for verifying the accuracy or completeness of information provided by the applicant. The validity and effectiveness of determinations is limited to the facts presented by the applicant. No liability is assumed for erroneous or incomplete information in the request. [Ord. 1313 § 4 (Exh. A), 2011.]

A determination of conformance with this title shall be made if the director finds compliance with the requirements of the applicable zone or overlay zone, the regulations pertaining to nonconforming uses in Chapter 17.114 MCC, the general development regulations in Chapters 17.112, 17.113, 17.118, 17.120, 17.121, 17.126 through 17.172, and 17.191 MCC, and the definitional limits in Chapter 17.110 MCC. In addition, the director shall not make a determination of conformance with this title unless the provisions of this chapter have been met. [Ord. 1313 § 4 (Exh. A), 2011.]

A. For requests submitted pursuant to MCC 17.115.030 or 17.115.110 the director shall determine from available records whether the subject lot or parcel and existing uses were established in conformance with applicable county regulations.

B. If a determination cannot be made without interpretation or the exercise of factual, policy or legal judgment the director shall deny the request. When a determination with regard to a proposed use, structure, or the legality of a parcel cannot be made without interpretation or the exercise of factual, policy or legal judgment, the proposed use, structure, or the legality of a parcel may be reviewed as an administrative review subject to submittal of an application as provided in MCC 17.115.110. [Ord. 1313 § 4 (Exh. A), 2011.]

A. If under previous ordinances conditions were imposed as part of a zone change or a resolution of intent to rezone that have not been met, or require continuing compliance, any determination or administrative review for the subject property shall identify the conditions and note that they remain in effect.

B. If a conditional use permit was granted under previous ordinances and the conditions imposed have not been met, or require continuing compliance, a determination for the subject property shall identify the conditions and note that they remain in effect. [Ord. 1313 § 4 (Exh. A), 2011.]

Written determinations or administrative reviews may be modified or withdrawn prior to establishment of a use or occupancy of a structure if new information is received that demonstrates that the determination or administrative review was in error. Those provided with a copy of the original determination or administrative review shall be provided a copy of the modified determination, or administrative review or notice of the withdrawal. [Ord. 1313 § 4 (Exh. A), 2011.]

A determination remains effective for one year; provided, that determinations made as part of a permit issuance shall remain effective as long as the permit remains effective. An administrative review runs with the land, unless a specific expiration date is identified in the decision or the decision is revoked. [Ord. 1313 § 4 (Exh. A), 2011.]

When a structure or use has been modified or established in reliance on a written determination or administrative review and the applicable land use regulations change, the structure or use shall be subject to the provisions of Chapter 17.114 MCC, Nonconforming Buildings and Uses. [Ord. 1313 § 4 (Exh. A), 2011.]

When a determination about a proposed use, structure or the legality of a parcel cannot be made without interpretation or the exercise of factual, policy or legal judgment, the proposed use, structure, or the legality of a lot or parcel may be reviewed as an administrative review subject to submittal of an application as provided in MCC 17.119.020 and 17.119.025. The administrative review procedures, as provided below, shall be followed in making these decisions.

A. The decision shall be made on the basis of the comprehensive plan and applicable standards and criteria in this title. The director or designee may attach any conditions of approval deemed necessary to ensure conformance of the use, structure, lot or parcel or to the standards or criteria. Administrative review applications may be filed and shall be signed as required in MCC 17.119.020 and 17.119.025. Notwithstanding any other provisions of this title, the director or designee may forward any land use permit or application to the planning commission or hearings officer for a public hearing and initial decision.

B. Notice of a decision shall be sent to the applicant, the owner(s) of the subject property, the co-tenants if the subject property is owned by tenants in common, and all property owners within the notification area prescribed by MCC 17.110.408 or as required by state law or administrative rule.

C. The applicant or any person aggrieved or affected by the decision may file a request for a hearing to the planning division within 15 days of the date the decision was rendered.

D. The applicant may file a request for reconsideration without a hearing to the planning division within 15 days of the date the decision was rendered. The request must be in writing and received in the planning division office prior to the decision being final, and should explain wherein the decision is factually or legally incorrect, or state new facts material to the decision that were not available to the director, or propose modifications that will better conform the proposal to the requirements of the ordinance. The request for reconsideration shall include a signed 30-day extension of the 150-day time limit in ORS 215.427.

Applicants shall be limited to one request for reconsideration per application. The director shall reconsider the matter and provide notice to the applicant requesting reconsideration and as required in subsection (B) of this section.

The board may call up any action of the director, planning commission or hearings officer in granting or denying administrative reviews. This action of the board shall be taken at the meeting at which notice of the decision is presented. When the board takes such action, the director’s, planning commission’s or hearings officer’s records pertaining to the administrative review in question shall be submitted to the board by the director or hearings officer. The call up shall stay all proceedings in the same manner as the filing of a notice of appeal.

E. When reconsideration has been requested, the decision is stayed until final action is taken.

F. On request for a hearing, the hearings officer shall hold a hearing on the matter in accordance with Chapter 17.111 MCC.

G. MCC 17.122.070 through 17.122.130 shall apply to any appeals from the decision of the hearings officer. [Ord. 1313 § 4 (Exh. A), 2011.]

Due to the inherent nature and limitations of an ordinance, it is not possible to encompass all the different situations arising from the various properties treated by this title. Therefore, the director, planning commission, hearings officer or board shall have the power to grant limited adjustments to the terms of this title when such adjustments are within the limitations and conditions contained in this chapter. These provisions shall be used sparingly within the purpose and intent of this title and the limitations shall not be exceeded under any circumstances. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 516 § 2, 1978. RZ Ord. § 116.010.]

A. The director, planning commission, hearings officer or board may permit and authorize an adjustment to those standards listed in MCC 17.116.030 when it appears from the application and the facts presented that:

1. The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and

2. The adjustment will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and

3. The adjustment is the minimum necessary to achieve the purpose of the adjustment and is the minimum necessary to permit development of the property for the proposed use; and

4. The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the circumstances; or, the proposed development maintains the intent and purpose of the provision to be adjusted.

B. Adjustment to Special Setback Standards in the AR, EFU, SA, FT, and TC Zones. The director, planning commission, hearings officer or board may permit and authorize an adjustment to the special setback standards listed in MCC 17.128.050(A), 17.136.070(A), 17.137.070(A), 17.138.060(A) and 17.139.070(A) as outlined in those sections. The criteria in subsection (A) of this section do not apply to adjustments granted under this subsection. The limits for adjustment in MCC 17.116.030 do not apply to adjustments granted under this subsection. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 516 § 2, 1978. RZ Ord. § 116.020.]

The director, planning commission, hearings officer or board may grant only the minimum adjustment and shall certify on the order authorizing the adjustment that such adjustment is the minimum. Modifications exceeding these limits shall be processed as a variance under Chapter 17.122 MMC. The adjustment shall not exceed the following limits:

A. Lot Area. Maximum possible adjustment of two percent of the minimum lot area required but not more than 1,000 square feet. Adjustments to the state-mandated minimum lot sizes are prohibited.

B. Percentage of Lot Coverage. A maximum adjustment of two percent more than permitted but not more than 500 square feet.

C. Front Yard and Any Yard Adjacent to a Street. A maximum adjustment of 20 percent of the required front yard depth but in no instance shall this permit a yard depth of less than 10 feet adjacent to a street.

D. Side Yards. A maximum adjustment of three feet but in no instance shall this permit a side yard depth of less than four feet for a one-story building or less than five feet for a two-story or two-and-one-half-story building.

E. Rear Yard Depth. A maximum adjustment of either four feet for the building, or 10 feet if a yard area equal in area to that being covered is provided at some other place on the lot than a required yard area, but in no instance shall this permit a rear yard depth of less than five feet for a one-story building, five feet for a two-story building, or seven feet for a two-and-one-half-story building.

F. Lot Width. A maximum of 10 percent of the required minimum width of 60 feet at the front building line.

G. Subjects Not Included for Adjustment. The number of dwelling units permitted, parking requirements, vision clearance area and the use of property are not subjects for adjustments.

H. Fences. Construction of fences with greater height or density than permitted within the required 10-foot fence setback to a property line adjacent to a street, as set forth in MCC 17.117.080, may be approved subject to a favorable report by the county engineer.

I. Height. A height adjustment of not more than 10 feet may be allowed for residential accessory structures. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 653 § 4, 1983; Ord. 516 § 2, 1978; Ord. 457 § 3, 1976. RZ Ord. § 116.030.]

An application for an adjustment may be filed by one or more of the following:

A. The owner of the property that is the subject of the application;

B. The purchaser of the property that is subject to the application when a duly executed written contract or earnest-money agreement, or copy thereof, is submitted with the application;

C. A lessee in possession of the property subject to the application who submits written consent of the owner to make such application;

D. The appropriate local government or state agency when the application is for a public works project;

E. A governmental body that has initiated condemnation procedures on the property that is subject to the application, but has not yet gained title; or

F. A co-tenant if the property that is the subject of the application is owned by tenants in common.

G. A public agency or utility, or an entity authorized by a public agency or utility, if the public agency or utility holds an easement or other right that entitles the applicant to conduct the proposed use on the subject property without the approval of the property owner.

The application shall be filed with the director, in writing, on an application form provided by the planning division. The application shall set forth the adjustment or modification sought, the description or location of the building or premises, and the name or names of the owners of the property. The application shall contain such other information as deemed necessary by the director, planning commission or hearings officer. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003. RZ Ord. § 116.040.]

A. Applications shall include the following signatures:

1. Signatures of all owners of the subject property;

2. The signatures of the purchasers of the property under a duly executed, recorded, written contract of sale or earnest-money agreement;

3. The signature of lessee in possession of the property with the written consent of all the owners;

4. The signatures of the agents of those identified in MCC 17.116.040(A), (B), or (C) when authorized in writing by those with the interests described in MCC 17.116.040(B) or (C), and all the owners of the property;

5. For an application filed by an entity authorized by a public agency or utility pursuant to MCC 17.116.040(G), the signature of an authorized agent of a public agency or utility holding an easement or other right that entitles the applicant to conduct the proposed use on the subject property without the approval of the property owners; or

6. The signature of co-tenants owning at least a one-half undivided interest in the property, when the property is owned by tenants in common; provided, that the signing co-tenant provides current addresses for all co-tenants who have not signed the application so the planning division can give them notice of the decision.

B. Prima Facie Proof of Ownership. When any person signs as the owner of property or as an officer of a public or private corporation owning the property, or as an attorney in fact or agent of any owner, or when any person states that he or she is buying the property under contract, the director, planning commission, hearings officer and the board may accept these statements to be true, unless the contrary be proved, and except where otherwise in this title more definite and complete proof is required. Nothing herein prevents the director, planning commission, hearings officer or board from demanding proof that the signer is the owner, officer, attorney in fact, or agent. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003. RZ Ord. § 116.045.]

MCC 17.122.070 through 17.122.130 relating to variances shall apply, where applicable, to the granting of an adjustment. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003. RZ Ord. § 116.050.]

MCC 17.119.130 and 17.119.140, relating to conditional uses, shall apply, where applicable, to the granting of an adjustment. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003. RZ Ord. § 116.060.]

The regulations herein set forth shall apply to all residential zones, and to structures in any other zone used in conjunction with residences excepting properties in farm and forest zones. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 653 § 5, 1983; Ord. 516 § 2, 1978. RZ Ord. § 117.010.]

The lot coverage by all accessory structures, except fences in connection with uses in RS zones, shall not be more than 25 percent of rear yard area. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 117.020.]

A. The maximum peak height of any residential accessory structure shall be nine feet at the lot line. Such maximum height may be increased one foot for each one foot of distance from the lot line to a maximum height of 35 feet. Roof drainage shall be accommodated within the confines of the property.

B. An accessory structure in an EFU, SA, FT or TC zone must maintain a minimum 20-foot setback from all property lines. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 653 § 6, 1983; Ord. 516 § 2, 1978. RZ Ord. § 117.030.]

Any accessory structure, except fences, which has any portion extending above grade shall observe the yard requirements the same as the dwelling, otherwise all such structures shall be at or below grade. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 117.040.]

Accessory structures not attached to the main building located in an interior side yard shall be set back the same as the dwelling. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 117.050.]

Within interior rear yards and portions of rear yards not abutting a street, an accessory structure may be placed on the property line except along an alley; all structures except fences shall be at least one foot from the alley. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 117.060.]

Covered or enclosed accessory buildings which are attached to the dwelling shall be considered as a portion of the dwelling and shall observe the same requirements as the dwelling except for certain projections, as provided in MCC 17.113.090, 17.113.100, and 17.113.110. Accessory structures shall be considered as being attached to the dwelling when any portion of the accessory structure is located within five feet of the dwelling. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 117.070.]

In any yard adjacent to a street and within 10 feet from the property line adjacent to such street, fences, walls and hedges may be up to 48 inches in height, when that portion of the fence above 24 inches does not create a vision obstruction per Marion County department of public works’ sight distance standards. Fences located in a yard area other than above described may be up to eight feet in height. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 117.080.]

All fences, walls and hedges along a public right-of-way will be measured from and along the sidewalk, or if no sidewalk exists, from and along the curb, or if no curb exists, from and along the finished shoulder grade of the right-of-way. All other fences will be measured from land along the finished grade upon which the fence, wall or hedge is located. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 117.090.]

Fences and walls shall not be constructed of or contain any material which will do bodily harm, such as barbed wire, electric wires (other than stock or wildlife fences), broken glass, spikes, and any other hazardous or dangerous material. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 117.100.]

Off-street parking areas and off-street loading areas meeting the applicable requirements of this chapter shall be provided and maintained:

A. For each separate use in any building or structure erected after the adoption of the ordinance codified in this title;

B. For additional seating capacity, floor area, guest rooms, or dwelling units added to any existing structure or lot;

C. When the use of the structure or a portion thereof is changed to a use which would require additional parking areas and off-street loading areas under the provisions of this title. [Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 118.010.]

Off-street parking and loading areas which existed on the effective date of the ordinance codified in this title or which subsequent thereto are provided for the purpose of complying with the provisions of this code as required by this title shall be retained and maintained or the equivalent parking and loading areas provided; except, that if this title reduces the number of required off-street parking or loading spaces, an affected use may reduce its parking and loading area to the new requirements. [Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 118.020.]

A. In an “R” zone, off-street parking and loading areas shall be provided on the same lot with the main building, structure or use.

B. In any nonresidential zone, the parking area may be located off the site of the main building, structure or use if it is within 500 feet of such site.

C. Off-street parking is incidental to the use which it serves. As such, it shall be located in a zone appropriate to that use, or where a public parking area is a specific permitted use. [Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 118.030.]

When calculations for determining the number of required off-street parking or loading spaces result in a requirement of fractional space, any fraction of a space less than one-half shall be disregarded, and a fraction of one-half or greater shall be counted as one full space. [Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 118.040.]

Off-street automobile parking shall be provided in the amounts listed below except that the approving authority may alter the number of parking spaces as part of a land use permit review.

A. Residential Uses. Residential uses in any zone shall provide two spaces per dwelling unit.

B. Commercial Uses. Commercial uses in any zone shall provide one space per 300 square feet of gross floor area devoted to the primary use plus one space per 5,000 square feet of storage or warehouse area.

C. Industrial Uses. Industrial uses in any zone shall provide the lesser of the following:

1. One space for each employee based on the maximum number of employees who will be at the site at one time; or

2. One space per 5,000 square feet of gross floor area.

D. Other Uses.

1. Religious organizations: one space per five seats or 10 feet of bench length.

2. Schools: one space per six students for which the school is designed to accommodate.

3. Publicly owned service buildings: one space per 400 square feet of gross floor area.

4. Uses Not Listed. For any use not listed above, the approving authority shall make an interpretation of the number of required spaces as part of a land use permit review. [Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 118.050.]

Off-street loading space shall be provided in the amounts listed below except that the approving authority may waive the requirements for loading spaces as part of a land use permit review when it is determined that the use to which the building is to be put is of a kind not requiring the loading or unloading or delivery of merchandise or other property by commercial trucks or delivery vehicles; provided, however, whenever the use of such buildings is changed to another use, then such loading space as is required by this title shall be provided.

A minimum loading space size of 12 feet wide, 30 feet long and 14 feet high shall be required as follows:

A. For all buildings except residential and those used entirely for office use: from 10,000 square feet up to 20,000 square feet gross floor area, one space;

B. For each additional 100,000 square feet of floor area or any portion thereof, one space. [Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 118.060.]

All parking and loading areas except those for single-family dwellings shall be developed and maintained as follows:

A. Location on Site. Required yards abutting a street shall not be used for parking or loading areas. Required side and rear yards, other than those adjacent to a street, may be used for parking and loading areas when such areas have been developed and are maintained as required by this title.

B. Surfacing. All driveways, parking and loading areas shall have an all-weather surface that may include gravel, asphalt or concrete and shall be graded and drained as required by the Marion County department of public works. Concrete driveway aprons in the public right-of-way on noncurbed streets are prohibited.

C. Bumper Guards or Wheel Barriers. Bumper guards or wheel barriers shall be installed so that no portion of a vehicle will project into a public right-of-way or over adjoining property.

D. Size of Parking Spaces and Driveways.

1. Parking spaces shall be nine feet wide and 17 feet long;

2. Driveways.

a. Maximum grade: 15 percent;

b. Width. Driveways shall be 20 feet wide except that one-way driveways with no adjacent parking may be 12 feet wide;

c. One-way driveways shall be clearly marked or signed.

E. Access. All parking or loading areas shall be served with either separate ingress and egress driveways or with an adequate turnaround which is always available and usable. All entrances and exits onto a public street shall conform to any driveway permit provisions required by the Marion County department of public works.

F. Screening. When a parking or loading area is located abutting a property in an “R” zone, it shall be screened by a sight-obscuring fence, wall or hedge.

G. Lighting. Any light used to illuminate a parking or loading area shall be directed away from any abutting residential zone or public street. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 118.070.]

A conditional use is an activity which is basically similar to other uses permitted in the zone, but due to some of the characteristics of the conditional use, which are not entirely compatible with the zone, such use could not otherwise be permitted in the zone. Review of the proposed conditional use by the director, planning commission or hearings officer will ensure that the use will be in consonance with the purpose and intent of the zone. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 119.010.]

An application for a conditional use may be filed by the following only:

A. The owner of the property that is the subject of the application;

B. The purchaser of the property that is subject to the application when a duly executed written contract or earnest-money agreement, or copy thereof, is submitted with the application;

C. A lessee in possession of the property subject to the application who submits written consent of the owner to make the application;

D. The appropriate local government or state agency when the application is for a public works project;

E. A governmental body that has initiated condemnation proceedings on the property that is subject to the application, but has not yet gained title; or

F. A co-tenant if the property that is the subject of the application is owned by tenants in common.

G. A public agency or utility, or an entity authorized by a public agency or utility, if the public agency or utility holds an easement or other right that entitles the applicant to conduct the proposed use on the subject property without the approval of the property owner.

The application for a proposed conditional use, or to enlarge, expand, or alter a conditional use, shall be on a form provided by the planning division and shall contain such information as the director, planning commission or hearings officer feels is necessary to fully assess the effect of the conditional use on the surrounding area. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 119.020.]

A. Applications shall include the following signatures:

1. Signatures of all owners of the subject property;

2. The signatures of the purchasers of the property under a duly executed, recorded, written contract of sale or earnest-money agreement;

3. The signatures of the lessee in possession of the property with the written consent of all the owners; or

4. The signatures of the agents of those identified in MCC 17.119.020(A), (B), or (C) when authorized in writing by those with the interests described in MCC 17.119.020(B) or (C), and all the owners of the property;

5. For an application filed by an entity authorized by a public agency or utility pursuant to MCC 17.119.020(G), the signature of an authorized agent of a public agency or utility holding an easement or other right that entitles the applicant to conduct the proposed use on the subject property without the approval of the property owners; or

6. The signature of co-tenants owning at least a one-half undivided interest in the property, when the property is owned by tenants in common; provided, that the signing co-tenant provides current addresses for all co-tenants who have not signed the application so the planning division can give them notice of the decision.

B. Prima Facie Proof of Ownership. When any person signs as the owner of property or as an officer of a public or private corporation owning the property, or as an attorney in fact or agent of any owner, or when any person states that he or she is buying the property under contract, the director, planning commission, hearings officer and the board may accept these statements to be true, unless the contrary be proved, and except where otherwise in this title more definite and complete proof is required. Nothing herein shall prevent the director, planning commission, hearings officer or board from demanding proof that the signer is the owner, officer, attorney in fact, or agent. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 119.025.]

The planning commission, hearings officer, or board on its own motion may hear and decide only those applications for conditional uses, their expansion or alteration, that are listed in this title. The planning commission, hearings officer or board shall decide whether or not the conditional use may be placed in a zone and may impose the conditions listed below, subject to the restrictions and provisions of this title. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 619 § 3, 1982; Ord. 516 § 2, 1978. RZ Ord. § 119.030.]

The planning commission or hearings officer shall hold a public hearing on the proposed conditional use as prescribed in MCC 17.119.150. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 119.040.]

Variances may be processed concurrently and in conjunction with a conditional use application and when so processed will not require an additional public hearing. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 119.050.]

The director, planning commission or hearings officer may prescribe restrictions or limitations for the proposed conditional use but may not reduce any requirement or standard specified by this title as a condition to the use. Any reduction or change of the requirements of this title must be considered as varying this title and must be requested and viewed as such. The director, planning commission or hearings officer shall impose conditions only after it has determined that such conditions are necessary for the public health, safety or general welfare, or to protect persons working or residing in the area, or the protection of property or improvements in the area. The director, planning commission or hearings officer may prescribe such conditions it deems necessary to fulfill the purpose and intent of this title. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 119.060.]

Before granting a conditional use, the director, planning commission or hearings officer shall determine:

A. That it has the power to grant the conditional use;

B. That such conditional use, as described by the applicant, will be in harmony with the purpose and intent of the zone;

C. That any condition imposed is necessary for the public health, safety or welfare, or to protect the health or safety of persons working or residing in the area, or for the protection of property or improvements in the neighborhood. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 119.070.]

Repealed by Ord. 1397. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 119.080.]

The provisions of MCC 17.119.030 and 17.119.040 and all other provisions of this title notwithstanding, the director shall have the power to decide applications for all conditional uses listed in this title and impose conditions consistent with MCC 17.119.060 and 17.119.070. The director shall also have the power to forward an application to the hearings officer or planning commission for the initial decision. In such case, the reviewing body shall conduct a public hearing on the application pursuant to MCC 17.119.150.

The director may, any time prior to the decision being final, reconsider the decision and issue a new or modified decision. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 602 § 6, 1981; Ord. 555 § 2, 1979; Ord. 516 § 2, 1978. RZ Ord. § 119.100.]

The director shall decide whether to approve or deny the conditional use based on the Marion County Comprehensive Plan and applicable criteria in this title. The decision should be made and notice thereof sent within 30 days of an application being determined to be complete. This administrative decision shall be final unless an appeal is taken as provided below. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 555 § 2, 1979; Ord. 516 § 2, 1978. RZ Ord. § 119.110.]

Upon receipt of an application under MCC 17.119.100, a summary of the application shall be distributed to the public works department, assessor’s office, building inspector, other affected agencies and the recognized area advisory committee with a request for comments or suggestions regarding those features that come within the scope of their activities. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 555 § 2, 1979; Ord. 516 § 2, 1978. RZ Ord. § 119.120.]

Notice of the decision and information on the appeal process shall be sent to the applicant, the owner(s) of the subject property, the co-tenants of the subject property if the property is owned by tenants in common, affected agencies and members of the recognized area advisory committee requesting information, others requesting notification, and all landowners within the required notification area. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 555 § 2, 1979; Ord. 516 § 2, 1978. RZ Ord. § 119.130.]

After the director’s final action on the application, interested persons may appeal the decision no later than 15 days after the decision is mailed. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 555 § 2, 1979; Ord. 516 § 2, 1978. RZ Ord. § 119.140.]

If the director’s decision is appealed, the hearings officer or planning commission shall conduct a public hearing in accordance with Chapter 17.111 MCC. Notice of an appeal of the director’s decision shall be mailed to the applicant, those requesting notice of a hearing and all landowners within the required notification area at least 20 days prior to the hearing date. The notice shall be consistent with the requirements in ORS 197.763(3). Failure to receive such notice by mail shall not affect the validity of the proceedings. The public hearing before the hearings officer or planning commission shall be de novo. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1047 § 4, 1996; Ord. 555 § 2, 1979; Ord. 516 § 2, 1978. RZ Ord. § 119.150.]

A. An appeal may be taken to the board by any person, firm, or corporation, or by an officer, department, board or commission of any public corporation or political subdivision of the state of Oregon, aggrieved or affected by the decision of the planning commission or hearings officer on an application for a conditional use. An appeal must be filed with the county clerk within 15 days from the date of mailing of notice of the decision of the planning commission or hearings officer.

The appeal shall be filed in duplicate and one copy thereof shall be forwarded immediately by the clerk to the board. The appeal shall state wherein the planning commission or hearings officer failed to conform to the provisions of this title.

B. When an appeal is filed it shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until the determination of such appeal by the board.

C. The board shall review the action of the planning commission or hearings officer and may refer the matter back to the planning commission or hearings officer for further consideration, in which case the planning commission or hearings officer shall conduct such further investigation if it is deemed advisable and report its findings to the board. The board may summarily, after considering the application and appeal and finding that the facts therein stated do not warrant any further hearings, affirm the action of the planning commission or hearings officer and deny the appeal. If the board is of the opinion that the facts in the case warrant further action, the board shall give notice of the time and place of such hearing in the same manner as set forth in MCC 17.111.030. After the hearing, the board may reverse or affirm or may impose such conditions as the facts warrant and may grant a conditional use, and its decision or determination shall be final. Any hearing may be continued to a time and day certain or as otherwise provided for by re-noticing the hearing.

D. If the board exercises its authority, pursuant to MCC 17.110.765, to make the initial determination on a land use application, the decision of the board is final and appealable only to the Oregon Land Use Board of Appeals. [Ord. 1397 § 4 (Exh. B), 2019.]

The board may call up any action of the director, planning commission or hearings officer in granting or denying a conditional use. Such action of the board shall be taken at the meeting where notice of the decision is presented. When the board takes such action the director’s, planning commission’s or hearings officer’s records pertaining to the conditional use in question shall be submitted to the board by the director or hearings officer and such call up shall stay all proceedings in the same manner as the filing of a notice of appeal. [Ord. 1397 § 4 (Exh. B), 2019.]

Conditional uses granted by the director, planning commission or hearings officer under the provisions of this title shall not be effective until 15 days after the mailing of the notice of decision; provided, however, in case call up of the proceedings has been requested by the board or an appeal has been taken as herein provided, the conditional use shall not be effective until the planning commission, hearings officer or board has acted on the call up or appeal. [Ord. 1397 § 4 (Exh. B), 2019.]

Conditional uses granted under this title shall be effective only when the exercise of the right granted thereunder shall be commenced within two years from the effective date of that conditional use, unless a longer period be specified or thereafter allowed by the director, planning commission, hearings officer, or board. In case the right has not been exercised, or extension obtained, the conditional use shall be void. A written request for an extension of time filed with the director prior to the expiration of the conditional use shall extend the running of the conditional use period until the director, planning commission, hearings officer or board has acted on the request. [Ord. 1397 § 4 (Exh. B), 2019.]

Discontinuance of the exercise of any right heretofore or hereafter authorized by any conditional use for a continuous period of one year shall be deemed an abandonment of such conditional use, and the property affected thereby shall be subject to all the provisions and regulations of this title applicable to the district or zone in which such property is located at the time of such abandonment. [Ord. 1397 § 4 (Exh. B), 2019.]

Unless otherwise provided in the decision granting the conditional use permit, conditional use permits shall run with the land. [Ord. 1397 § 4 (Exh. B), 2019.]

No application which has been denied wholly or in part by the director, planning commission, hearings officer or by the board shall be resubmitted for a period of one year from such denial, unless consent for resubmission be given by the director, two-thirds of the members of the planning commission, the hearings officer or the board. [Ord. 1397 § 4 (Exh. B), 2019.]

The director, planning commission or hearings officer may permit a mobile home park to be located in an RM zone as a conditional use. The intent of this section is to permit, after appropriate review, and subject to minimum standards and conditions, the construction of new mobile home parks only as a form of apartment-type facilities. It is not the intent of this section to include the placement of individual mobile homes or vacation trailers on separate, individual lots, either separately or in conjunction with a dwelling or any other building in an RM zone.

A. Minimum Requirements. All newly developed mobile home parks and additions to existing mobile home parks in the RM zone are subject to the minimum standards and conditions set forth in this section. The director, planning commission or hearings officer may prescribe such additional conditions for mobile home parks in an RM zone as the particular circumstances may require for the protection of the health, safety and welfare of the residents in the vicinity of the development consistent with the intent and provisions of this title.

1. Density. The maximum density of a mobile home park shall not exceed 12 mobile homes per gross acre.

2. Minimum Area. No mobile home space shall contain less than 2,000 square feet and the average area of all mobile home spaces within a mobile home park shall not contain less than 3,000 square feet and no yard area, driveway, play area, service area or other area required by this title shall be considered as providing any part of the required mobile home space.

3. Yards.

a. Adjacent to any street, there shall be a yard of at least 20 feet in depth, measured from the street right-of-way line of such street, unless such yard be adjacent to a street with a special setback line, in which case the greater requirement shall prevail.

b. Adjacent to any property line, other than along a street, there shall be a yard at least 10 feet between the property line and any service building, dwelling or other main building for the first story, plus an additional three feet for each additional story of such building. Accessory buildings may occupy not more than 25 percent of such yard area and may not come closer than five feet from any property line or exceed 15 feet in height.

4. Driveways. All driveways shall be paved with an asphaltic material or concrete and shall be properly drained and shall be of a minimum width of 20 feet. In addition, if parking along the driveway is to be permitted, there shall be provided a parking lane of at least eight feet in width for each side of the driveway on which parking is to be permitted. As a condition to permitting a mobile home park, the director, planning commission or hearings officer may require the erection of signs prohibiting parking when sufficient parking facilities are not provided.

5. Parking. There shall be provided at least one automobile parking space for each mobile home space, plus one additional automobile parking space for every three mobile home spaces or any portion thereof for guests, visitors, service vehicles and additional automobiles of the tenants of the mobile home park.

6. Walks. Provisions shall be made for hard-surfaced, well-drained walks, not less than 30 inches in width, from each mobile home space to the park service building and to a paved street.

7. Lighting. There shall be provisions for adequate night lighting of common driveways and walks in the mobile home park.

8. Play Areas. If the mobile home park accommodates children under 14 years of age, there shall be provided a separate play area restricted to that use. At least 100 square feet of play area shall be provided per mobile home space; provided, however, that no such play area, regardless of the number of mobile home spaces, shall be less than 2,500 square feet. The play area will be protected from all streets, driveways, and parking areas by a fence, or the equivalent, at least 30 inches in height.

9. Fences. The director, planning commission or hearings officer may require that an ornamental fence, wall or hedge be established and maintained between the mobile home park and other land use.

10. Signs. Sign requirements shall be the same as for an apartment house in the RM zone.

11. Street Names. If the private driveways are to be named and street addresses assigned to the individual mobile home spaces, they will be named and numbered in accordance with the ordinances of the county.

12. Water, Sewer, and Surface Drainage. Adequate provisions shall be made for an ample supply of safe and potable water, and adequate provisions shall be made for sewage disposal and surface drainage and plans for such must have prior approval of the health department and director of public works, before an RM mobile home park is approved as a conditional use by the director, planning commission or hearings officer.

13. Minimum Width. No mobile home space shall be less than 30 feet in width at its driveway frontage.

14. Boundaries of Space. The boundaries of each mobile home space shall be clearly defined and marked by a fence, planting or other suitable means approved by the director, planning commission or hearings officer or by clearly visible, permanent markers at each corner of the space.

15. Minimum Distances. Exclusive of trailer hitches, which shall not project beyond the mobile home space, the minimum distance between a mobile home and:

a. Any other mobile home shall be 10 feet.

b. Any building, except when attached to the mobile home, shall be 10 feet.

c. Any property line (excluding mobile home space boundaries) shall be 10 feet.

d. Any public street shall be 20 feet.

e. Any common driveway or common walk (excluding those in a mobile home space) shall be five feet.

16. Mobile Home Space Coverage. Not more than 40 percent of a mobile home space may be occupied by a mobile home and any other structures used in conjunction with such mobile home whether or not they are attached to the mobile home.

17. Additions to Mobile Homes. Carports, cabanas, ramadas, awnings, and all other structures, whether defined herein or not, which are situated upon a mobile home space, shall conform to the requirements of the county building code regulations. Such additions and structures shall be considered as a portion of the mobile home for determining the extent of lot coverage, setback lines and all other requirements for mobile homes in like manner as if such additions and structures were a part of such mobile home.

18. Patio. Each mobile home space shall have a slab or patio of concrete, asphalt or flagstone or similar substance not less than 20 feet in length and six inches in width adjacent to each mobile home parking site.

19. Parking of Mobile Homes. Mobile home parks in an RM zone may accommodate only mobile homes and recreational vehicles. A mobile home shall not remain overnight in a mobile home park unless it is parked in a mobile home space. Not more than one mobile home or recreational vehicle will be parked at one time in a mobile home space.

B. Expansion or Alteration of Mobile Home Parks. Existing mobile home parks may be expanded or altered after approval is obtained from the director, planning commission or hearings officer. The application, filed by the owner or other party in interest, will be filed and processed in the same manner as an application for a new mobile home park. The director, planning commission or hearings officer, in granting permission for expansion of any existing park, may require that those portions of the existing park which do not meet the minimum standards be brought to these minimum standards. The director, planning commission or hearings officer may attach such conditions to the granting of permission to expand the mobile home park as will satisfy the director, planning commission or hearings officer in its judgment that the existing park will meet the established standards.

C. Building Code and Building Permits. All structures within a mobile home park shall comply with the provisions of the county building code. Building permits shall be obtained prior to construction of any portion of the mobile home park facilities.

D. Temporary Waivers. The director, planning commission or hearings officer may, at the time of the approval of the mobile home park as a conditional use, grant a temporary waiver of the conditions in this section for a maximum time of six months. Such waiver may be renewed by the director, planning commission or hearings officer on application by the owner for one additional six-month period. Any requests for a permanent waiver shall be considered a request for a variance.

E. Varying Requirements of This Amendment. The director, planning commission or hearings officer may, at the time of granting a mobile home park conditional use, vary one or more of the requirements of this section in the same manner as any other provision of this title may be varied as provided in MCC 17.122.010 and subsection (C) of this section; however, when such variances are requested at the same time as the application for a conditional use is filed, such variance request may be processed concurrently with the conditional use application and will not require a separate public hearing or separate notice of public hearing. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 5, 2000. RZ Ord. § 120.010.]

A duplex on a corner lot may be approved as a conditional use, provided:

A. That the lot shall have at least 7,000 square feet;

B. That only one dwelling unit of a duplex on a corner lot shall be permitted to face upon any one street, and that the second unit shall face upon the intersecting street;

C. That the yards adjacent to any public right-of-way shall be 20 feet in depth; and

D. That the rear yard may be 14 feet in depth for a one-story duplex and 20 feet in depth for a two-story duplex, which yard may be provided adjacent to either interior lot line. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 5, 2000. RZ Ord. § 120.020.]

A boat, camper, and trailer storage area or lot may be approved as a conditional use, provided:

A. That no sales area, retail business, or service may be operated in connection therewith, nor shall any substantial maintenance or repair of any vehicle or equipment stored thereon be conducted on the premises, whether by the owner or otherwise, unless such work be performed wholly within a building;

B. That the front yard and any other yard adjacent to a street shall be landscaped with an evergreen ground cover; further, that this landscaping shall be adequately and permanently maintained;

C. That an ornamental sight-obscuring fence, or wall having a height of at least six feet, or a compact evergreen hedge not less than three feet in height when planted and capable of reaching at least six feet within three years, be placed at the front yard setback line and at the setback line of any other yard adjacent to a street, and along all other property lines; provided, however, that the director, planning commission or hearings officer may require additional screening and landscaping where topography or other special conditions indicate such to be necessary to adequately screen the area;

D. That the lot be paved in conformity with MCC 17.118.070 with an oiled mat or graveled and maintained in a manner so that dust shall be reasonably controlled;

E. That lighting shall be so oriented to not shine or reflect upon abutting properties nor into the traveling lanes of any street in such a manner so as to constitute a nuisance;

F. That any building used in conjunction with the storage lot shall conform to all yard setbacks as for the main buildings in an RS zone, and said building shall be architecturally designed and constructed of materials compatible with the residential development of the subdivision or neighborhood; and

G. That the area be operated by a nonprofit neighborhood homeowners’ association. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 5, 2000. RZ Ord. § 120.030.]

Use of a temporary mobile home, recreational vehicle, or existing building for the care of someone with a hardship may be approved as a conditional use subject to meeting the following criteria:

A. For the purposes of this section:

1. “Absence” means that the person(s) for whom the hardship dwelling permit was granted has lived away from the hardship dwelling for less than 165 days per calendar year or less than 165 consecutive days;

2. “Aged or infirm person” means the person(s) suffering from a medical hardship or hardship due to age or infirmity that requires care to be provided;

3. “Application” means both an application to obtain approval to place a hardship permit dwelling on a property and the annual renewal of the hardship permit;

4. “Domicile” means the intention of the aged or infirmed person(s) or caregiver(s) to live on the property or in the hardship permit dwelling as that person’s primary residence;

5. “Extended absence” means that the person(s) for whom the hardship dwelling permit was granted has not lived at the hardship dwelling for more than 165 days per calendar year or 165 consecutive days;

6. “Hardship” means a medical hardship or hardship for the care of an aged or infirm person or persons;

7. “Hardship permit” means a conditional use permit granted under ORS 215.283(2)(L) and this section to allow for the use of a hardship permit dwelling on the property for a period of one year;

8. “Hardship permit dwelling” means a temporary mobile home, recreational vehicle, or existing building used for the care of an aged or infirmed person who is or will be domiciled on the property;

9. “Medically necessary absence” means an extended absence that is necessary for the aged or infirm person to receive medical care or treatment;

10. “Owner” has the same meaning as defined in MCC 17.110.425; and

11. “Temporary absence” means a period of up to 165 days per calendar year or 165 consecutive days, in which the aged or infirm person(s) has not lived on the property.

B. An application for a hardship permit must be submitted in writing.

1. An application must:

a. Include the name of the aged or infirm person(s) for whom the hardship permit is sought;

b. Include a signed statement from a licensed medical professional indicating whether the aged or infirm person has a hardship as defined in subsection (A) of this section. The statement shall also attest whether the licensed medical professional is convinced the person(s) with the hardship must be provided the care so frequently or in such a manner that the caregiver(s) must reside on the same premises;

c. Identify whether the aged or infirm person(s) and/or caregiver(s) will be residing in the hardship permit dwelling.

2. Only the owner(s) of a property may submit an application for a hardship permit.

3. If additional information is required to clarify any portion of an application, the owner(s) will be notified in writing of the deficiencies within the application.

C. In the EFU, SA, FT and TC zones, occupancy of a hardship permit dwelling is limited to the term of the hardship suffered by the existing resident or a relative as defined in ORS 215.283(2)(L).

D. When the aged or infirm person must be provided care so frequently or in such a manner that caregiver(s) must reside on the same premises, the aged or infirm person and/or those caregivers providing care for the aged or infirm person may temporarily reside in the hardship permit dwelling for the term necessary to provide care.

1. Those providing the care must show that they will be available and have the skills to provide the care required, as described by the licensed medical professional.

2. Caregivers may reside within a hardship permit dwelling during periods of absence and medically necessary absence.

3. Caregivers shall not have any financial or expense obligation increased for residing in the hardship dwelling during periods of absence and medically necessary absence.

E. A temporary absence or medically necessary absence from the property by the aged or infirm person(s) will not result in the revocation or denial of a hardship permit.

1. When a medically necessary absence results in the aged or infirm person(s) living off of the property for more than 165 days in one calendar year or 165 consecutive days they must provide notice of the medically necessary absence to prevent the absence from being considered an extended absence.

2. Notice of a medically necessary absence that will result in the aged or infirm person(s) living off of the property for more than 165 days in one calendar year or 165 consecutive days must be provided within 14 days of learning that the absence from the property will result in the aged or infirm person having to live away from the property for more than 165 days in one calendar year or 165 consecutive days.

3. Notice of a medically necessary absence must:

a. Be submitted in writing;

b. Include a statement from a licensed medical provider outlining that the absence from the property is necessary for the care or medical treatment of the aged or infirm person;

c. Provide an estimate as to when the aged or infirm person(s) will return to the property;

d. Include an assessment from the licensed medical professional on whether or not the aged or infirm person(s) will be able to reside on the property again.

i. If a licensed medical professional cannot provide an assessment on whether the aged or infirm person will be able to return to the property at the time when notice of a medical necessary absence is due, a hardship permit may be approved for the amount of time necessary, not to exceed one year, for the licensed medical professional to make the assessment as to whether the aged or infirm person(s) will be able to return to the property.

ii. If a licensed medical professional cannot provide an assessment after the period of time described in subsection (E)(3)(d)(i) of this section, then a determination will be made as to whether the hardship permit is still necessary for the care of the aged or infirm person(s).

4. Notice of a medically necessary absence may be submitted by the owner(s), aged or infirm person(s), caregiver(s) of the aged or infirm person(s), or other agent of the aged or infirm person(s).

5. Caregivers may not be charged any rent or otherwise required to provide financial compensation to live in the hardship dwelling during a temporary absence or medically necessary absence.

If as a part of any agreement to provide caretaking services, the caregiver was required to provide financial compensation or incur a financial obligation in order to reside within the hardship dwelling then that arrangement will not violate this subsection (E)(5); provided, that the arrangement existed prior to the temporary absence or medically necessary absence.

F. Extended absence from the property by the aged or infirm person(s), or caregiver(s) when the hardship permit dwelling is only being inhabited by caregiver(s), creates a rebuttable presumption that the hardship permit is no longer necessary to provide care to the aged or infirm person(s).

1. Extended absence from the property may result in revocation of the hardship permit; issuance of a citation pursuant to MCC 1.25.030; and/or initiation of civil action in circuit court pursuant to MCC 1.25.050.

2. Notice will be provided to the owner of any substantiated violation of this subsection (F) 30 days prior to the effective date of a revocation of the hardship permit made pursuant to subsection (F)(1) of this section.

G. A mobile home or recreational vehicle being used as a hardship dwelling shall to the extent permitted by the nature of the property and existing development:

1. Be located as near as possible to other residences on the property;

2. On EFU, SA, FT and TC zoned property, be located on the portion of the property that is least suitable for farm or forest use, if it is not feasible to locate it near an existing residence;

3. Not require new driveway access to the street;

4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be approved by the county sanitarian.

H. For an existing building to be used as a hardship dwelling it must:

1. Be suitable for human habitation;

2. Comply with all building and specialty codes (for example, but not limited to, electrical, plumbing, and sanitation) applicable to dwellings;

3. Not require new driveway access to the street; and

4. Be connected to the existing wastewater disposal system if feasible. The disposal system shall be approved by the county sanitarian.

I. One of the residences shall be removed from the property within 90 days of the date the person(s) with the hardship or the care provider no longer reside on the property.

1. In the case of a recreational vehicle, it shall be rendered uninhabitable by disconnection from services.

a. An agreement to comply with this requirement shall be signed by the applicant, and the owner of the recreational vehicle if different than the applicant.

b. Oregon Department of Environmental Quality removal requirements also apply.

2. In the case of an existing building, the renovations or modifications made to an existing building to be used for inhabitation must be removed.

a. The existing building shall be returned to similar conditions as its previous use; or

b. If the existing building is not going to be returned to its previous use then the building must be used for either a permitted use or a new use application for the existing building must be obtained.

3. In the case where an agricultural exemption is sought for an existing building, a new application must be approved regardless of any previously approved agricultural exemption.

J. Applicants are responsible for ensuring that all caregivers and/or other persons residing in the hardship dwelling are removed from the hardship dwelling within 90 days of the date that the person with the hardship or the care provider no longer resides in the hardship dwelling or on the property.

1. Applications for a hardship dwelling must include a description of how the applicant will ensure this condition is met.

K. At the time of renewal of a hardship dwelling permit, if the aged or infirm person has been on a temporary absence or medically necessary absence from the property for at least 30 consecutive days prior to submission of the renewal application, the application must include:

1. In the event of a medically necessary absence, an assessment by a licensed medical professional stating that it is reasonably likely that the aged or infirm person will return to the property within the renewal period; or

2. In the event of a temporary absence, a statement from the owner or aged or infirmed person setting forth the date on which the aged or infirm person will return to the property.

If the aged or infirmed person does not return to the property within the time period described in subsection (A)(5) of this section, then the aged or infirm person’s absence will be deemed an extended absence.

L. The use of a hardship permit dwelling is intended to be temporary, shall be subject to review every year, and shall continue to meet the above criteria in order to qualify for renewal.

M. For hardships in a resource zone based on a natural hazard event, the temporary residence may include a recreational vehicle or the temporary residential use of an existing building when the temporary residence is established within an existing building if the hardship is located within 100 feet of the primary residence or the temporary residence is located further than 250 feet from adjacent lands planned and zoned for resource use under Goals 3, 4, or both. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1416 § 4 (Exh. A), 2020; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 5, 2000. RZ Ord. § 120.040.]

A custom cabinet shop and sales firm may be approved as a conditional use, provided:

A. All activities, including finished products and materials storage, are to be conducted wholly within a building;

B. Loading and unloading operations are conducted throughout those sides of the building which are not abutting, adjacent to, or across a street from any residential zone;

C. All parking, loading and yard areas are maintained in a neat and clean manner;

D. Hours of operation shall be limited from 6:00 a.m. to 6:00 p.m.;

E. All parking and loading areas are paved with an asphaltic or comparable permanent surface;

F. Landscaped Yard. Two percent of the gross lot area shall be landscaped. Detailed landscape plans shall be submitted with the application for approval by the planning commission or hearings officer; and

G. That the county building official issues a certificate of occupancy prior to use of the building and site, after determining that the conditions set forth herein are fully satisfied. In the event such conditions are not continuously met, the certificate of occupancy shall be subject to revocation upon 30 days’ notice. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 5, 2000. RZ Ord. § 120.050.]

A conditional home occupation shall meet the following use and development standards:

A. The home occupation shall be carried on by the resident or residents of a dwelling on the subject property as a secondary use and may employ no more than two persons (“person” includes volunteer, nonresident employee, partner or any other person).

B. The home occupation shall be continuously conducted in such a manner as not to create any public or private nuisance, including, but not limited to, offensive noise, odors, vibration, fumes, smoke, fire hazard, or electronic, electrical, or electromagnetic interference. In a residential zone noise associated with the home occupation shall not violate Department of Environmental Quality standards or Chapter 8.45 MCC, Noise.

C. The conditional home occupation shall not significantly interfere with other uses permitted in the zone in which the property is located.

D. A sign shall meet the standards in Chapter 17.191 MCC.

E. The home occupation shall be conducted entirely within the dwelling or accessory building.

F. The total floor area of buildings on the subject property devoted to a home occupation shall not exceed 500 square feet in a residential zone, except in the AR zone where 1,500 square feet is the maximum.

G. No structural alterations shall be made that would be inconsistent with future use of the buildings exclusively for residential purposes.

H. No alteration to or use of the premises shall be made that would reduce the number of required on-site parking spaces.

I. All visits by suppliers or customers shall occur between the hours of 8:00 a.m. and 8:00 p.m. These limitations do not apply to a bed and breakfast use as defined in MCC 17.110.108.

J. There shall be no outside storage or display of materials, equipment, or merchandise used in, or produced in connection with, the conditional home occupation.

K. Deliveries to or from the dwelling shall not involve a vehicle rated at more than one ton. There shall be no more than one commercial vehicle located on the property in conjunction with the home occupation.

L. Where a home occupation involves deliveries, one off-street loading space shall be provided. If visits by customers occur, two additional off-street parking spaces shall be provided if the street along the lot frontage does not provide paved area for at least two parallel parking spaces. During normal loading/unloading or customer parking periods the off-street loading and parking spaces shall be reserved exclusively for that use.

M. The property, dwelling or other buildings shall not be used for assembly or dispatch of employees to other locations.

N. Retail and wholesale sales that do not involve customers coming to the property, such as Internet, telephone or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 5, 2000. RZ Ord. § 120.075.]

A wireless communications facility shall meet the following use and development standards:

A. In addition to the standard application materials, any request for a wireless communications facility shall include the following items:

1. Eight photosimulations of the proposed facility and equipment enclosure as viewed from affected residential properties and public rights-of-way at varying distances at locations within a 1,000-foot radius of the proposed facility that are agreed upon by planning staff and the applicant prior to filing the application.

2. Map showing the location and service area of the proposed wireless communications facility and an explanation of the need for that facility.

3. Map showing the locations and service areas of other wireless communications facilities/sites operated and proposed by the applicant that are close enough to affect service.

4. Site/landscaping plan showing the specific placement of the wireless communications facility on the site; showing the location of existing structures, trees, and other significant site features; showing type and locations of proposed screening; and the proposed color(s) for the wireless communications facility and equipment enclosure.

5. Signed agreement providing that the applicant shall remove the facility and equipment enclosure within six months of the date it ceases to be operational.

6. Lease agreement with the landowner or contract purchaser that allows the landowner or contract purchaser to enter into leases with other providers; and specifies that if the provider fails to remove the facility and equipment enclosure within six months of the date it ceases to be operational, the responsibility for removal falls upon the landowner or contract purchaser.

7. Anticipated capacity of the wireless communications facility (including number and types of antennas which can be accommodated) and the number of additional wireless communications facilities, attached, that may be co-located on the proposed tower.

8. Evaluation of the feasibility of co-location of the subject facility as an alternative to the requested permit. The feasibility study must include:

a. Written verification or other documentation revealing the availability and/or cooperation shown by other providers to gain access to existing sites/facilities to meet the needs of the applicant.

b. Compliance with the requirements of subsection (A)(8)(a) of this section may be demonstrated by providing evidence of mailing the following co-location request letter to all other wireless providers licensed to provide service within the county:

Pursuant to the requirements of MCC 17.120.080(A)(8)(a), (wireless provider) is hereby providing you with notice of our intent to make application with Marion County to locate a freestanding wireless communications facility that would be located at ________. In general, we plan to construct a support structure of ___ feet in height for the purpose of providing (cellular, PCS, etc.) service.

Please inform us whether you have any wireless facilities located within (distance) of the proposed facility that may be available for possible co-location opportunities. Please provide us with this information within 15 business days after the date of this letter. Your cooperation is appreciated.

c. Tower type and height of potential co-locations facilities.

d. Specific reasons why co-location is or is not feasible. Reasons may include but are not limited to the following:

i. A statement from a qualified radio engineer indicating whether the necessary service can or cannot be provided by co-location at the identified site(s) by the other provider(s).

ii. Evidence that the lessor of the site(s) identified by the other provider(s) either agrees or disagrees to co-location on their property.

iii. Evidence that adequate site area exists or does not exist at the site(s) identified by the other provider(s) to accommodate needed equipment and meet all of the site development standards.

9. A narrative discussion of how the proposed facility and equipment enclosure complies with applicable use and development standards.

B. Notwithstanding other height limitations in this title, all lattice, monopole, guyed or other freestanding support structures, including antennas, shall have the following height limitations above natural grade:

1. In the IUC, CC, and C zones: 130 feet.

2. In the AR zones: 100 feet.

C. Only monopole freestanding support structures shall be allowed in the AR, CC and C zones.

D. Lattice, monopole, guyed or other freestanding support structures, antennas, associated enclosures and all exterior mechanical equipment shall be surfaced so as to be nonreflective. For purposes of this requirement, a galvanized metal monopole shall be considered nonreflective.

E. In the AR, CC and C zones a wireless communications facility, including equipment enclosure, shall be screened by a sight-obscuring fence, wall or hedge of equal or greater height than the equipment enclosure.

F. Notwithstanding other setback standards in this title, the exterior base of a lattice, monopole, guyed or other freestanding support structure shall be separated from all dwellings and residential accessory structures not located on the subject property and residential zone boundaries (including the AR, CC and C zones) by a distance equal to one foot greater than the total height of the support structure and antennas. A freestanding support structure may be placed closer to a residential zone boundary (including the AR, CC and C zones) where it is demonstrated that location of the proposed facility closer to the boundary will take advantage of an existing natural or artificial feature to conceal the facility or minimize its visual impacts.

G. Lattice, monopole, guyed or other freestanding support structures, antennas and associated enclosures and all exterior mechanical equipment shall not be illuminated except as required by the Oregon State Aeronautics Division or the Federal Aviation Administration.

H. Lattice, monopole, guyed or other freestanding support structures up to 70 feet in height shall have provisions that will allow for co-location of at least one additional user or wireless communication provider. Support structures exceeding 70 feet in height shall have provisions that will allow for co-location of at least two additional users or wireless communication providers.

I. A permittee shall cooperate with other wireless communication providers and others in co-locating additional antennas on support structures. A permittee shall exercise good faith in co-locating with other providers and sharing the permitted site, provided shared use does not result in substantial technical impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Good faith shall include sharing technical information sufficient to evaluate the feasibility of co-location.

In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the county may require a third party technical study at the expense of either or both the applicant and permittee.

J. Failure to comply with the co-location requirements of this section may result in the denial of a permit request or revocation of an existing permit.

K. Lattice, monopole, guyed or other freestanding support structures and equipment enclosures shall be removed by the facility owner or property owner within six months of the date they cease to be operational. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 5, 2000. RZ Ord. § 120.080.]

Agri-tourism and other commercial events or activities in conjunction with a farming operation shall meet the following use criteria and development standards. An applicant may be approved under subsection (A) or (B) and subsection (C) of this section:

A. A farming operation may conduct a single event on a tract in a calendar year subject to the following:

1. The event or activity shall be incidental and subordinate to the existing farm use on the tract; and

2. The duration of the event or activity shall not exceed 72 hours; and

3. The maximum attendance at the event or activity shall not exceed 500 people; and

4. The maximum number of motor vehicles parked at the site for the event or activity shall not exceed 250; and

5. The event or activity shall occur outdoors, in temporary structures, or existing permitted structures subject to fire life safety requirements. Temporary structures shall be removed at end of the event; and

6. The event or activity shall cause no alteration to land including, but not limited to, grading, filling or paving.

B. A farming operation may conduct up to six events or activities in a calendar year subject to the following:

1. The events or activities shall be incidental and subordinate to the existing farm use on the tract; and

2. The duration of each event or activity shall not exceed 72 hours; and

3. The events or activities shall not involve the construction or use of new permanent structures; and

4. The events or activities shall not, in combination with other agri-tourism or other commercial events or activities authorized in the area, materially alter the stability of the land use pattern of the area; and

5. The event or activity shall cause no alteration to land including, but not limited to, grading, filling or paving;

6. Any approval shall be valid for two years and may be renewed subject to a review that the use continues to meet all applicable criteria and standards.

C. A farming operation may conduct events more frequently or for a longer duration than provided for in subsections (A) and (B) of this section subject to the following:

1. The events or activities shall be incidental and subordinate to existing commercial farm use of the tract and are necessary to support the commercial farm uses or the commercial agricultural enterprises in the area; and

2. The events or activities shall not involve the construction or use of new permanent structure; and

3. The events or activities shall not, in combination with other agri-tourism or other commercial events or activities authorized in the area, materially alter the stability of the land use pattern of the area; and

4. The event or activity shall cause no alteration to land including, but not limited to, grading, filling or paving; and

5. The lot or parcel that the event or activity takes place on shall comply with the minimum lot size of that zone; and

6. The events or activities do not exceed 18 events in a calendar year; and

7. Any approval shall be valid for two years and may be renewed for an additional two years subject to a review that the use continues to meet all applicable criteria and standards. After four years, the applicant must reapply for a permit and the county shall provide public notice and opportunity for public comment and limit review to approved activities and events, conformance with conditions and approval criteria and standards.

D. The events or activities in subsection (A), (B), or (C) of this section shall comply with conditions established for:

1. The types of events and activities authorized including the number of events or activities, duration of events or activities, attendance of events or activities, and hours of operation of events or activities; and

2. The location of existing and proposed temporary structures used in conjunction with the events or activities. Temporary structures must be removed at end of the event or activity; and

3. Location of access, egress, and parking facilities; and

4. Traffic management including project number of anticipated vehicles; and

5. Sanitation and solid waste;

6. Notice of public hearing or any decision approving events under the provisions of this section shall be mailed to all owners of property, any portion of which is within 1,500 feet of the subject property.

E. Any approval for events or activities under subsection (A) or (B) of this section is for the applicant only and does not apply to the land.

F. The term “farm operation” means all lots or parcels of land in the same ownership that are used by the farm operator for farm use.

G. As used in this section, the term “agri-tourism” means a common, farm-dependent activity that promotes agriculture, any income from which is incidental and subordinate to the income of a working farm operation. Such activities may include hay rides, corn mazes and other similar uses that are directly related to on-site agriculture. Any assembly of persons shall be for the purpose of taking part in agriculturally based activities such as animal or crop care, tasting farm products or learning about farm or ranch operations. Agri-tourism may include farm-to-plate meals and similarly small, farm-themed parties. Regularly occurring celebratory gatherings, weddings, parties or similar uses that cause the property to act as an event center or that take place in structures specifically designed for such events are not agri-tourism.

H. Wineries approved for uses under this section are prohibited from qualifying for uses under MCC 17.125.030. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1326 § 4 (Exh. A), 2012.]

Wind power generation facilities shall be subject to the following criteria:

A. For purposes of this section, a wind power generation facility includes, but is not limited to, the following system components: wind turbine towers and concrete pads, permanent meteorological towers and wind measurement devices, electrical cable collection systems connecting wind turbine towers with the relevant power substation, new or expanded private roads (whether temporary or permanent) constructed to serve the wind power generation facility, office and operation and maintenance buildings, temporary lay-down areas and all other necessary appurtenances.

B. For high-value farmland soils described at ORS 195.300(10), the following must be satisfied:

1. Reasonable alternatives have been considered to show that siting the wind power generation facility or component thereof on high-value farmland soils is necessary for the facility or component to function properly or if a road system or turbine string must be placed on such soils to achieve a reasonably direct route considering the following factors:

a. Technical and engineering feasibility;

b. Availability of existing rights-of-way; and

c. The long-term environmental, economic, social and energy consequences of siting the facility or component on alternative sites, as determined under subsection (B)(2) of this section.

2. The long-term environmental, economic, social and energy consequences resulting from the wind power generation facility or any components thereof at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located on other agricultural lands that do not include high-value farmland soils.

3. Costs associated with any of the factors listed in subsection (B)(1) of this section may be considered, but costs alone may not be the only consideration in determining that siting any component of a wind power generation facility on high-value farmland soils is necessary.

4. The owner of a wind power generation facility approved under this section shall be responsible for restoring, as nearly as possible, to its former condition any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration.

C. For arable lands, meaning lands that are cultivated or suitable for cultivation, including high-value farmland soils described at ORS 195.300(10), it must be found that:

1. The proposed wind power facility will not create unnecessary negative impacts on agricultural operations conducted on the subject property. Negative impacts could include, but are not limited to, the unnecessary construction of roads, dividing a field or multiple fields in such a way to create small or isolated pieces of property that are more difficult to farm, and placing wind farm components such as meteorological towers on lands in a manner that could disrupt common and accepted farming practices;

2. The presence of a proposed wind power facility will not result in unnecessary soil erosion or loss that could limit agricultural productivity on the subject property. This provision may be satisfied by the submittal and county approval of a soil and erosion control plan prepared by an adequately qualified individual, showing how unnecessary soil erosion will be avoided or remedied and how topsoil will be stripped, stockpiled and clearly marked. The approved plan shall be attached to the decision as a condition of approval;

3. Construction or maintenance activities will not result in unnecessary soil compaction that reduces the productivity of soil for crop production. This provision may be satisfied by the submittal and county approval of a plan prepared by an adequately qualified individual, showing how unnecessary soil compaction will be avoided or remedied in a timely manner through deep soil decompaction or other appropriate practices. The approved plan shall be attached to the decision as a condition of approval;

4. Construction or maintenance activities will not result in the unabated introduction or spread of noxious weeds and other undesirable weeds species. This provision may be satisfied by the submittal and county approval of a weed control plan prepared by an adequately qualified individual that includes a long-term maintenance agreement. The approved plan shall be attached to the decision as a condition of approval.

D. For nonarable lands, meaning lands that are not suitable for cultivation, it must be determined that the requirements of subsection (C)(4) of this section are satisfied.

E. In the event that a wind power generation facility is proposed on a combination of arable and nonarable lands as described in subsections (C) and (D) of this section, approval criteria of subsection (C) of this section shall apply to the entire project. [Ord. 1330 § 4 (Exh. A), 2013.]

Repealed by Ord. 1387. [Ord. 1330 § 4 (Exh. A), 2013.]

Medical marijuana businesses shall be operated in compliance with this section.

A. Medical Marijuana Processor (see MCC 17.110.376) and/or Marijuana Producer (see MCC 17.110.378).

1. Shall be conducted entirely indoors.

2. Emit no light visible to adjacent neighboring property owners or the public.

3. Ensure odors are not detectable on adjacent neighboring properties.

4. Comply with the alarm system control ordinance, Chapter 8.25 MCC.

5. Owners, employees and volunteers shall submit to a criminal background check by the sheriff pursuant to ORS 181.533 and OAR 257-010-0025(1)(a). It shall be a violation of this section if an owner, employee or volunteer has been convicted of the manufacture or delivery of a controlled substance in Schedule I or Schedule II within five years of the date of the criminal background check; has been convicted more than once of the manufacture or delivery of a controlled substance in Schedule I or Schedule II at any time; or has been convicted of any of the following crimes at any time: criminal mistreatment based upon the unlawful manufacture of a controlled substance, child neglect I, racketeering, use of minor in controlled substance offense, manufacture or delivery of hydrocodone within 1,000 feet of a school, manufacture or delivery of a controlled substance within 1,000 feet of a school, causing another to ingest a controlled substance, application of a controlled substance to the body of another person, or felony driving under the influence of intoxicants.

6. The person or entity shall keep all real and personal property tax accounts current for the business for which it is the taxpayer.

7. No minors are allowed on the business premises.

8. No consumption of medical marijuana is allowed on the business premises unless otherwise as allowed for employees in OAR 333-008-1200. The business must comply with the Oregon Indoor Clean Air Act that prohibits indoor tobacco smoking. The business may not be co-located with a tobacco smoking lounge, or any kind of marijuana social club where marijuana is consumed.

B. Medical Marijuana Dispensary (see MCC 17.110.374).

1. The property on which the facility is located may not be located within 1,000 feet of a property containing a pre-kindergarten, Head Start program, community learning center, certified child care facility regulated pursuant to ORS Chapters 329, 329A, and 657A, a relief nursery regulated pursuant to ORS Chapter 417, a public park, public or private elementary, secondary, or career school primarily attended by minors.

2. Comply with the alarm system control ordinance, Chapter 8.25 MCC.

3. May not be open any day before 7:00 a.m. or after 10:00 p.m.

4. Owners, employees and volunteers shall submit to a criminal background check by the sheriff pursuant to ORS 181.533 and OAR 257-010-0025(1)(a). It shall be a violation of this section if an owner, employee or volunteer has been convicted of the manufacture or delivery of a controlled substance in Schedule I or Schedule II within five years of the date of the criminal background check; has been convicted more than once of the manufacture or delivery of a controlled substance in Schedule I or Schedule II at any time; or has been convicted of any of the following crimes at any time: criminal mistreatment based upon the unlawful manufacture of a controlled substance, child neglect I, racketeering, use of minor in controlled substance offense, manufacture or delivery of hydrocodone within 1,000 feet of a school, manufacture or delivery of a controlled substance within 1,000 feet of a school, causing another to ingest a controlled substance, application of a controlled substance to the body of another person, or felony driving under the influence of intoxicants.

5. The person or entity shall keep all real and personal property tax accounts current for the business for which it is the taxpayer.

6. No minors are allowed on the business premises unless the minor is an Oregon Medical Marijuana Program (OMMP) cardholder and is accompanied by a parent or guardian and not in areas prohibited by OAR 333-008-1200.

7. No consumption of medical marijuana is allowed on the business premises unless otherwise as allowed for employees in OAR 333-008-1200. The business must comply with the Oregon Indoor Clean Air Act that prohibits indoor tobacco smoking. The business may not be co-located with a tobacco smoking lounge, or any kind of marijuana social club where marijuana is consumed. [Ord. 1372 § 4 (Exh. A), 2016.]

Alteration of a historical site or structure shall be subject to the following criteria:

A. Historical sites and structures regulated by this section shall be those sites and structures identified in the Marion County comprehensive plan or on the National Register of Historic Places. National Register of Historic Places properties are not subject to alteration review unless they are also listed in the Marion County comprehensive plan.

B. For the purposes of this section the following definitions apply:

1. “Demolition” means any act that destroys, removes, or relocates, in whole or part, a significant historic resource such that its historic, cultural, or architectural character and significance are lost.

2. “Owner”

a. Means the owner of fee title to the property as shown in the deed records of the county where the property is located; or

b. Means the purchaser under a land sale contract, if there is a recorded land sale contract in force for the property; or

c. Means, if the property is owned by the trustee of a revocable trust, the settlor of a revocable trust, except that when the trust becomes irrevocable only the trustee is the owner; and

d. Does not include individuals, partnerships, corporations, or public agencies holding easements or less than fee interests (including leaseholds) of any nature; or

e. Means, for a locally significant historic resource with multiple owners, including a district, a simple majority of owners as defined in subsections (B)(2)(a) through (d) of this section.

C. Alteration of any structure, or any change of use of land or structure, designated as a historic site or structure shall be a conditional use. The criteria and standards for approval of a conditional use are:

1. Any use of the building or property should be compatible with the historical nature of the property.

2. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project.

3. The alteration to the designated historic building, structure or site and its environment shall be only the minimum necessary to achieve the intended use.

4. The distinguishing original qualities or character of a designated building, structure or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided or done pursuant to a plan approved by the county.

5. All designated buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance should be discouraged.

6. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

7. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

8. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities to the extent possible. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

D. Demolition or removal of any structure designated as a historic site or structure is subject to the following procedures and criteria:

1. Demolition or removal of a structure designated as a historic site or structure shall require a conditional use permit.

2. No building, alteration, demolition or removal permits for any improvement, building, or structure shall be issued while the public hearing or any appeal is pending or prior to a final decision.

3. The county shall consider condition, historic integrity, age, historic significance, value to the community, economic consequences, design or construction rarity, and consistency with and consideration of other policy objectives in the acknowledged comprehensive plan. The county may approve, approve with conditions, or deny the request for demolition based on consideration of all review factors.

4. Approval of demolition is not final until all opportunities for appeal have passed, including appeals to LUBA or the Oregon Court of Appeals.

5. A demolition request for a property listed on the National Register of Historic Resources must be reviewed by the hearings officer after a public hearing is held. A demolition request for a property not listed on the National Register of Historic Resources is reviewed by Marion County planning staff unless otherwise requested. [Ord. 1454 § 4 (Exh. B), 2023.]

Article II. Solid Waste Disposal Sites

A. To protect the health, safety and welfare of the people of Marion County and to provide a coordinated program for accumulation, storage and disposal of wastes and solid wastes, it is deemed essential to:

1. Provide necessary sites for disposal of wastes and solid wastes;

2. Provide for a coordinated solid waste disposal program and encourage regional solid waste disposal systems;

3. Provide for coordinating zoning regulations with Chapter 8.05 MCC, Solid Waste Management;

4. Provide standards and procedures for reasonable protection of adjacent or nearby land uses;

5. Provide for rehabilitation and ultimate site use for disposal sites after discontinuance of use for disposal;

6. Provide for preliminary planning permit to allow initial consideration of disposal sites in coordination with other affected federal, state and local agencies;

7. Provide for disposal sites and special regulations for accumulation, storage, or disposal of toxic or hazardous wastes.

B. This title shall not apply to the growing or harvesting of crops or timber including, but not limited to, silvicultural practices or to agricultural operations conducted on premises owned or in possession of the person disposing of wastes or solid wastes on such premises.

C. The intent and purpose of this section is to permit the location and development of solid waste disposal sites in appropriate locations in any zone in Marion County subject to the minimum standards herein set forth and any conditions established by the commission or hearings officer, without a showing of hardship and after notice and public hearing as provided for in MCC 17.120.340.

Notwithstanding the allowable use in any other zoning district in this title, any person initiating an operation as described in MCC 17.120.310 through 17.120.380 shall be required to comply with the requirements of this chapter. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 516 § 2, 1978. RZ Ord. § 120.310.]

As used in MCC 17.120.310 through 17.120.380, unless the context requires otherwise, the following definitions shall apply:

A. “Dispose” or “disposal” includes accumulation, storage, collection, transportation, and disposal of solid wastes;

B. “Person” includes the state of Oregon, any individual, public or private corporation, political subdivision, governmental agency, municipality, industry, co-partnership, association, firm, trust, estate, or any other legal entity whatsoever;

C. “Solid waste” means all putrescible and nonputrescible wastes, whether in a solid or in a liquid form, except liquid-carried industrial wastes or sewage or sewage hauled as an incidental part of a septic tank or cesspool cleaning service, but including garbage, rubbish, ashes, sewage sludge, street refuse, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof, tires, discarded home and industrial appliances, manure, vegetable or animal solid or semi-solid wastes, dead animals and other discarded solid materials;

D. “Solid waste disposal site or sites” means any land used for disposal of solid wastes, including, but not limited to, dumps, landfills, sanitary landfills, incinerators, and composting plants, but not including a landfill site which is not used by the public either directly or through a disposal service and which is used by the owner or tenant thereof to dispose of sawdust, bark, soil, rock, building demolition material or nonputrescible industrial waste products resulting from the process of manufacturing;

E. “Waste” means useless, unwanted or discarded materials. [Ord. 516 § 2, 1978. RZ Ord. § 120.315.]

The following uses may be permitted as conditional uses within all zoning districts by the commission or hearings officer, notwithstanding the use limitations of each zone, subject to the conditions and procedural requirements set forth in MCC 17.120.310 through 17.120.380.

A. Solid waste disposal site;

B. Except within the EFU-20 zone, sites for the disposal of special materials or hazardous wastes when and only after the planning commission or hearings officer has approved the special materials for inclusion in the site;

C. A residence for a caretaker;

D. Buildings, structures, apparatus or other appurtenances necessary for these uses to be carried on. [Ord. 516 § 2, 1978. RZ Ord. § 120.320.]

The following minimum standards shall apply to the establishment, maintenance, and operation of solid waste disposal sites within Marion County. The particular concerns of these provisions are providing for an adequate number of solid waste disposal sites to meet the needs of Marion County and the proper location of solid waste disposal sites including access to and from the sites, the appearance of such sites as they relate to the surrounding area and for the ultimate reuse of such sites.

A. Screening. The site shall be reasonably screened from adjoining developed properties and public streets or highways by the placement of landscaped yards and areas adjacent to every property line, within which yard or area will be placed an ornamental fence, wall or hedge or landscape berm. This shall be in addition to such desirable vegetation as may exist within the landscaped area. Where the landowner or the holder of a franchise for the site has obtained an interest in adjacent property for the purpose of providing adequate screening or where an appropriate governmental agency provides for such screening, the commission or hearings officer may accept such screening in lieu of that otherwise required by this subsection. This screening, whether on the same or other property, shall continuously obscure the view of the site and the landowner or franchise holder shall be responsible for maintenance of such screening.

B. Access Roads. All access to the site shall be by a route or routes approved by the county engineer, hearings officer and the commission.

C. Control of Operation Time. Except for such activities as office machinery repair and the equivalent, in residential, farm or commercial districts, a limit shall be placed on the operating time from 4:30 a.m. to 9:30 p.m. This limitation on operating time may be waived by the county engineer in times of public or private emergency for the duration of such emergency. Other activities may be conducted outside the allowable time limit if they fall within standards established for industrial uses as set forth in MCC 17.150.140. [Ord. 516 § 2, 1978. RZ Ord. § 120.325.]

Application by the landowner shall be made to the commission or hearings officer on forms furnished by the planning division. Each application shall be accompanied by:

A. An accurate plot plan showing exterior boundaries of the property on which the disposal site is to be located and the location of any existing or proposed structures, roads, proposed operating areas or other improvements, and the topography of the proposed site;

B. A plan for rehabilitation and use of the site after the disposal has been terminated for a use permitted within the zone in which the land is located. Such a plan shall be prepared at a scale of not less than one inch equals 400 feet with topographic contours, an interval of which shall not be less than 25 feet. In its discretion, the commission or hearings officer may require a map or plan showing greater detail to determine compliance with this title and standards established by the commission or hearings officer;

C. A copy of the application to the governing body of Marion County for a franchise pursuant to Chapter 8.05 MCC, Solid Waste Management, if the site is to be owned or to be operated by a person other than a governmental agency;

D. An agreement required by MCC 17.120.380. [Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 516 § 2, 1978. RZ Ord. § 120.330.]

Repealed by Ord. 1313. [Ord. 516 § 2, 1978. RZ Ord. § 120.335.]

A. Notice and public hearing upon an application for a conditional use permit under MCC 17.120.330 shall be the same as provided in MCC 17.111.060.

B. Notice of the decision of the commission or hearings officer shall be given as provided in MCC 17.122.065.

C. Decisions of the commission or hearings officer on conditional use applications under MCC 17.120.330 shall be subject to the certification and appeal procedures and other provisions provided in MCC 17.122.070 through 17.122.130, inclusive. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 516 § 2, 1978. RZ Ord. § 120.340.]

A. The commission or hearings officer shall make such investigations as are necessary to determine whether the proposed site conforms fully to the regulations set forth herein.

B. In addition to the requirements of MCC 17.120.310 through 17.120.380, the commission or hearings officer may prescribe additional restrictions or limitations when granting a conditional use permit for a proposed site. The commission or hearings officer may prescribe such additional conditions as it deems necessary to fulfill the purpose and intent of this title after finding that such conditions are necessary for the public health, safety, or general welfare or to protect persons working or residing in the area, or to protect property or improvements in the area, or to protect the aesthetic qualities of the area, or to protect the environmental quality of the area.

C. The commission or hearings officer may not reduce or change the requirements specified in MCC 17.120.310 through 17.120.380 except when proceedings have been held for variance of these requirements by the commission or hearings officer pursuant to Chapter 17.122 MCC; provided, that an application for variance may be filed with and considered concurrently with the conditional use application, except that the notice of hearing shall separately state the variance applied for. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 516 § 2, 1978. RZ Ord. § 120.345.]

When the conditional use permit holder wishes to amend the plans for the site or for the restoration or reuse of such site after a final permit has been granted, he shall make an application for such change and shall furnish a fee together with all information and agreements that would have been required had such change been included in the initial plans, information and agreements submitted to the commission or hearings officer. The commission or hearings officer shall follow the same procedure for notice and hearing as if the amendment were a new application for such a conditional use. The notice and hearing shall be limited to the subject of a requested change in plans. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 516 § 2, 1978. RZ Ord. § 120.350.]

The commission or hearings officer will make every effort to assist in the coordination and review of the application with the Marion County solid waste committee and all federal, state, local or other agencies. [Ord. 516 § 2, 1978. RZ Ord. § 120.355.]

A. The purpose of this section is to ensure the future use of a site after its use as a solid waste disposal site has been completed. A restoration plan shall be consistent with the land use planning policies and ordinances of Marion County.

B. The landowner and the holder of any franchise to operate the site shall be jointly and severally liable for the eventual site restoration as described in the plans submitted with the permit application as provided in MCC 17.120.330(C).

C. Upon completion of the use of the site for solid waste disposal according to the permit and plan, or upon economic abandonment of the site as a disposal site, the landowner and the holder of any franchise to operate the site shall have a reasonable time to rehabilitate and restore the site as described in the restoration plans.

D. Except for buildings or structures which are permitted uses in the zone in which the site is located, upon termination of the use of the site for solid waste disposal, all buildings, equipment, apparatus and appurtenances necessary to the operation shall be removed from the site unless an extension is granted by the commission or hearings officer. A grant of additional time by the commission or hearings officer shall not excuse any delay in the restoration or rehabilitation of those portions of the property under permit which are not affected by such extension.

E. All excavations and pits shall be backfilled, leveled, contoured, or both, for the uses shown on the restoration plan and shall be compatible with the final depth and slope of the site.

F. Topsoil shall be replaced to sufficient depth to allow landscaping material to be installed.

G. When appropriate, the commission or hearings officer may specify a schedule of rehabilitation for portions of the property as their use for solid waste disposal operations is completed or terminated. The schedule shall be considered part of the rehabilitation or restoration plan and shall be included in the agreements required by MCC 17.120.380. [Ord. 516 § 2, 1978. RZ Ord. § 120.360.]

A. The commission or hearings officer may, after a public hearing, at which all interested persons have a right and opportunity to be heard, suspend a solid waste disposal site permit for failure to comply with MCC 17.120.310 through 17.120.380 or other applicable provisions. Prior to such hearing, the commission or hearings officer shall obtain a recommendation from the Marion County solid waste committee. Before any action of suspension is finally ordered by the commission or hearings officer, the commission or hearings officer shall obtain the concurrence of the governing body.

B. The commission or hearings officer may, following the same procedures specified in subsection (A) of this section, revoke a solid waste disposal site permit for failure to comply with MCC 17.120.310 through 17.120.380 or other applicable provisions. The commission or hearings officer shall make a finding prior to revocation that there is an immediate and serious danger to the public, an immediate and serious threat or actual pollution of air, water, or surrounding land or other serious hazard or public nuisance. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 516 § 2, 1978. RZ Ord. § 120.365.]

The landowner, as the holder of a conditional use permit, and the holder of any franchise to operate the site, shall establish, operate, and maintain the site within the terms and conditions set forth in MCC 17.120.310 through 17.120.380 and in the conditional use permit. Compliance with this section shall be a condition to a conditional use permit and shall be enforceable by the agreement required in MCC 17.120.380. [Ord. 516 § 2, 1978. RZ Ord. § 120.370.]

Repealed by Ord. 1313. [Ord. 516 § 2, 1978. RZ Ord. § 120.375.]

A. The governing body finds and declares that a properly established, maintained, operated, and rehabilitated solid waste disposal site is a utility facility necessary for public service and, as such, is a valuable asset in improving environmental quality of the county. The board further finds and declares that an improperly established, operated, maintained, or rehabilitated site may become a public or private nuisance, produce a condition of unsightliness, establish a health hazard or otherwise create a condition detrimental to the environmental quality of the area and of the county. To implement these findings, the governing body further finds and declares that it is necessary and appropriate to require from the landowners who apply for a conditional use permit the agreements required by this section and further finds and declares that the appropriate remedy to reimburse costs of the county incurred in enforcement of MCC 17.120.310 through 17.120.380 is, upon failure of the landowner or franchise holder to pay such costs, the imposition of a lien against the premises.

B. On forms issued by the planning department, the landowner who is applying for a conditional use permit for a site pursuant to MCC 17.120.310 through 17.120.380 and the holder of any franchise to operate such site shall jointly and severally agree to accept, to be responsible for or to be liable for:

1. The entry upon subject premises by named officials pursuant to MCC 17.120.375.

2. Proper establishment, maintenance, and operation of the site as required by MCC 17.120.370.

3. Rehabilitation and restoration of the site upon termination for use as a disposal site pursuant to MCC 17.120.360.

C. In the event the landowner or the franchise holder does not comply with his agreement executed pursuant to subsection (B) of this section and within a reasonable time after written notice to comply, the governing body may institute proceedings under subsection (D) of the section to enforce compliance. “Reasonable time” within this subsection shall be determined by the commission or hearings officer upon the basis of the health, safety, and welfare of the people of Marion County and of the area and in determining what is a reasonable time, the commission or hearings officer may give consideration to, but shall not be limited by, the following:

1. The nature of the deficiency;

2. Conditions created by the deficiency;

3. Hazard to health or safety;

4. The creation of a condition of unsightliness;

5. The creation of a public or private nuisance;

6. Whether there is a satisfactory alternative practice, procedure or operation.

D. In the event that the landowner or franchise holder fails to comply with the order of the commission or hearings officer within the time specified by the commission or hearings officer, the commission or hearings officer shall notify the Marion County governing body. The governing body may institute proceedings for enforcement by giving 30 days’ written notice to the landowner or franchise holder, or both, at their last known addresses. The board may shorten the notice period to not less than 24 hours’ notice if the governing body finds an immediate or serious danger to the public through the creation of a health hazard or a public or private nuisance. After required notice, the governing body may hold a public hearing at which all interested persons shall have the right to be heard. After such public hearing and on the basis thereof, the governing body shall have the power to order appropriate county agencies to correct the deficiencies in the establishment, maintenance or operation of the site, or to make the required rehabilitation and restoration.

E. The costs incurred by the county in carrying out subsection (D) of this section shall be paid by the landowner or the franchise holder or both. If not paid, the governing body may order appropriate action to be taken to impose a lien upon the subject premises.

F. The commission or hearings officer may order the filing in the county deed records of the conditional use permit including the agreements executed pursuant to this section as a recorded encumbrance on the real property to assure compliance with the conditions and agreements. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 516 § 2, 1978. RZ Ord. § 120.380.]

Article III. Mineral and Aggregate Resource Operations

The purpose of this article is to provide definitions, criteria and development standards applicable to applications for new or expanding mineral and aggregate resource operations that either (A) do not qualify as a “significant” site pursuant to OAR 660-23-180(3) and 660-23-180(4) or (B) qualify as a “significant” site and the county determines mining should be allowed. These provisions also apply to conditional use descriptions similar to mineral and aggregate resource operations, such as operations conducted for mining and processing of aggregate and other minerals; mineral resource development sites; sand and gravel resource sites; mining, pits and quarry facilities. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 925 § 6, 1992; Ord. 516 § 2, 1978; Ord. 457 § 4, 1976. RZ Ord. § 120.410.]

As used in MCC 17.120.410 through 17.120.470, the following definitions apply:

“Aggregate resources” means crushed or uncrushed gravel, stone, rock, or sand of a quality typically used in concrete or road construction.

“Conflicting use” means a use or activity that is subject to land use regulations and that would interfere with, or be adversely affected by, mining or processing activities at a significant mineral or aggregate resource site as specified in OAR 660-23-180(5)(b) and (7).

“Existing site” means an aggregate site that is lawfully operating, or is included on an inventory in the Comprehensive Plan on September 1, 1996.

“Expansion area” means an aggregate mining area contiguous to an existing site.

“Farmland” means land planned and zoned for exclusive farm use pursuant to Goal 3 and OAR Chapter 660, Division 033.

“Mineral resources” are those materials and substances described in ORS 517.750(7) that include soil, coal, clay, stone, sand, gravel, metallic ore and any other solid material or substance excavated for commercial, industrial or construction use but excluding materials and substances described as aggregate resources.

“Minimize a conflict” means to reduce an identified conflict to a level that is no longer significant. For those types of conflicts addressed by local, state, or federal standards (such as the Department of Environmental Quality standards for noise and dust levels), to “minimize a conflict” means to ensure conformance to the applicable standard.

“Mining” means the extraction and processing of mineral or aggregate resources, as defined in ORS 215.298(3) for farmland, and in ORS 517.750 for land other than farmland.

“Protect” means to adopt land use regulations for a significant mineral or aggregate site in order to authorize mining of the site. For purposes of OAR 660-23-180(2)(d), “protect” also means to limit or prohibit new conflicting uses within the impact area of the site.

“Significant site” means an aggregate resource site that satisfies the criteria in OAR 660-23-180(3) or (4) regarding location, quality, and quantity of the resource. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 925 § 6, 1992; Ord. 516 § 2, 1978; Ord. 457 § 4, 1976. RZ Ord. § 120.420.]

The following uses, activities and facilities do not require approval from the county. Operators or landowners claiming any of these exemptions may be asked to provide a copy of an exemption certificate issued by DOGAMI.

A. Excavations of sand, gravel, clay, rock, or other materials conducted by the landowner or tenant for the primary purpose of construction, reconstruction or maintenance of access roads on the same parcel or on an adjacent parcel that is under the same ownership as the parcel that is being excavated.

B. Cemetery operations.

C. On-site construction operations within a county-approved building site.

D. In EFU, SA, FT, and TC zones, exploratory or preparation to mining excavations for mineral and aggregate resources or surface mining that involve 1,000 cubic yards or less and/or disturbance of one acre or less of ground located more than 500 feet from the property boundary.

E. Excavation operations conducted within a road right-of-way or other easement for the primary purpose of road or utility construction, reconstruction or maintenance. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 925 § 6, 1992; Ord. 516 § 2, 1978; Ord. 457 § 4, 1976. RZ Ord. § 120.425.]

An application for a new or expanding mineral or aggregate site shall be adequate if it includes:

A. A Comprehensive Plan amendment application for an aggregate resource under OAR 660-23-180(3) that includes:

1. Information regarding quantity, quality, and location sufficient to determine whether the site is significant pursuant to OAR 660-23-180(3); and

2. A post acknowledgement plan amendment (PAPA) determination, pursuant to OAR 660-23-180(5), including:

a. A conceptual site reclamation plan;

b. A traffic impact assessment for the area within one mile of the entrance to the mining area;

c. Proposals to minimize any conflicts with existing uses preliminarily identified by the applicant within a 1,500-foot impact area; and

d. A site plan indicating the location, hours of operation, and other pertinent information for all proposed mining and associated uses.

B. A Comprehensive Plan amendment and conditional use application for an aggregate resource under OAR 660-23-180(4) that includes:

1. Information sufficient to determine whether the aggregate resource site is significant pursuant to OAR 660-23-180(4) and information pursuant to OAR 660-23-180(6) that includes:

a. A conceptual site reclamation plan;

b. A site plan indicating the location, hours of operation, and other pertinent information for all proposed mining and associated uses and the maximum amount of mined aggregate material specified under OAR 660-23-180(4)(a).

C. A conditional use application for sites in non-agriculture zones and not required to qualify as significant that includes:

1. A conceptual site reclamation plan unless specified as exempted;

2. A site plan indicating the location, hours of operation, and other pertinent information for all proposed mining and associated uses including the specified maximum amount of mined aggregate material;

3. Information required under the appropriate zone and in MCC 17.120.450(E). [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 925 § 6, 1992; Ord. 516 § 2, 1978; Ord. 457 § 4, 1976. RZ Ord. § 120.430.]

In lieu of the notice requirements in MCC 17.111.040 and 17.111.050, the following notice provisions apply to public hearings conducted on Comprehensive Plan amendment applications for establishment of a mineral and aggregate operation:

A. Mailed Notice. Notice of the public hearing on an application for an aggregate site shall be mailed to all owners of property any portion of which is within 1,500 feet of the subject property, at least 20 days prior to the date of the hearing.

B. Posted Notice. The applicant shall post a sign within the right-of-way of public roads abutting the subject property, within 100 feet of where the side lot lines of the subject property intersect the public road right-of-way. In addition, a sign shall be posted just inside the right-of-way of the portion of a public road no closer than 1,500 feet from and within one-half mile of the boundary of the subject property. Signs shall be posted at least 20 days prior to the date of the public hearing, and be visible from a passing vehicle. The signs shall indicate, in letters at least four inches high, “Notice of Proposed Change in Land Use,” “Mineral/Aggregate Site,” “(Planning Division phone number),” “Marion County Planning.” The applicant shall submit a certification that the notice was posted in the prescribed manner. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 925 § 6, 1992; Ord. 516 § 2, 1978; Ord. 457 § 4, 1976. RZ Ord. § 120.435.]

The following uses may be allowed. The approval shall specify which of these uses is allowed.

A. Mining or quarrying operations for the extraction of rock, clay, soil, sand, or gravel.

B. The following uses when in conjunction with a mineral and aggregate resource extraction operation:

1. Processing, crushing, washing, sizing and screening of mineral and aggregate resources;

2. Stockpiling of mineral and aggregate materials and earth products;

3. Offices, shops or other accessory structures used for the management and maintenance of resource extraction and processing equipment;

4. Sale of mineral and aggregate resources, asphalt, cement treated base, and concrete;

5. Asphalt batch plants, cement treated base pug plants and/or concrete batch plants;

6. Storage of equipment or machinery and maintenance facilities related to mineral and aggregate resource extraction processing or transportation equipment; provided, that independent commercial storage or commercial maintenance facilities open to the general public or not directly related to resource extraction shall not be allowed unless permitted in the underlying zone;

7. Transportation facilities and loading facilities related to mineral and aggregate resource mining and/or processing; and

8. Other incidental mineral and aggregate resource related activities including buildings, structures and other apparatus. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 925 § 6, 1992; Ord. 516 § 2, 1978; Ord. 457 § 4, 1976. RZ Ord. § 120.440.]

The following criteria must be met in order to grant approval for a mineral and aggregate operation, in addition to any criteria in the applicable zone:

A. The proposed uses, activities and facilities are included in MCC 17.120.440;

B. A permit for mining of aggregate on farmland shall be issued only for a site included in an inventory in an acknowledged comprehensive plan as required under ORS 215.298(2);

C. For sites that qualify as significant under the requirements of OAR 660-23-180(3)(a) through (d), the county has completed the requirements of OAR 660-23-180(5)(a) through (g); or

D. For sites that qualify as significant under the requirements of OAR 660-23-180(4)(a) through (c), the county has completed the requirements of OAR 660-23-180(6)(a) through (d);

E. For sites that do not qualify as significant, only the following criteria apply:

1. The proposed use, as conditioned, will not substantially limit, impair, or preclude the use of surrounding properties for the uses permitted in the applicable zone;

2. The proposed use, as conditioned, will not have a significant adverse effect on air or water quality;

3. Adequate public and utility facilities and services to serve the use are available or will be made available prior to establishment of the use;

F. New uses that batch and blend mineral and aggregate into asphalt cement may not be authorized within two miles of a planted vineyard. “Planted vineyard” means one or more vineyards totaling 40 acres or more that are planted as of the date the application for batching and blending is filed, pursuant to OAR 660-033-130(15). [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 979 § 8, 1994; Ord. 925 § 6, 1992; Ord. 516 § 2, 1978; Ord. 457 § 4, 1976. RZ Ord. § 120.450.]

Unless specifically deleted or modified as part of the post acknowledgment plan amendment or conditional use approval, the following standards and requirements apply:

A. Dimensional Requirements.

1. Lot Area. The minimum area shall be that area necessary to meet setback requirements.

2. Setbacks for mineral and aggregate extraction shall be:

a. The extraction area must be at least 100 feet from any property line;

b. The extraction area must be at least 500 feet from a habitable building existing on adjacent property at the time the use is established;

c. When a site abuts another mineral and aggregate site, no setback for mineral and aggregate extraction is required along the common boundary line, unless such setback is determined by the county to be necessary.

3. Setbacks for mineral and aggregate processing and loading shall be as follows:

a. One hundred feet from any property line; and

b. Five hundred feet from a habitable building existing on adjacent property at the time the processing operation is established.

4. Setbacks for offices, shops or other accessory structures shall be regulated by the zone in which the proposed operation is located.

5. Storage of overburden is allowed within setbacks. There shall be no setback for existing roads, internal truck paths or other transportation facilities. Any new roads, internal transportation or other transportation facilities shall not be located closer than 50 feet from a habitable building on adjacent property existing at the time storage commences.

6. Height. The maximum height of any structure, except mineral and aggregate processing and extraction equipment, shall be 85 feet.

B. Screening and Fencing.

1. Fencing shall be required only if the site is adjacent to an urban or rural residential zone. When fencing is required, it shall be of cyclone type, a minimum of six feet high. Any site owner or operator may voluntarily fence a site.

2. Existing deciduous and evergreen vegetation within required setback areas that screen visibility of the operation from adjacent property or public roads shall be retained unless located within a vision clearance area or determined by the county to be a public safety hazard.

C. Access.

1. For access to sites that do not qualify as significant, the following standards apply:

a. All private access roads connecting mineral and aggregate sites to public highways, roads or streets shall be paved or graveled. If graveled, the applicant shall provide a written agreement to the county to grade and treat the access road as needed during the period from June to September, or as determined in the conditional use, to reduce dust. If the access connects with a paved public road it shall be paved for a distance of 100 feet from the existing paved road.

b. If access from a mineral and aggregate site is by graveled public highways, roads or streets, the applicant shall provide a written agreement to the county to annually grade and treat the first 2,000 feet of such roadway, or as determined in the conditional use permit, to reduce dust impacts.

c. Vehicular barriers or gates shall be required at all vehicular access points to the site. The gate shall be located no closer than 85 feet to the public right-of-way unless a lesser distance is established as part of the conditional use permit.

d. The public roads used to access the site may be specified or otherwise regulated in the conditional use permit, including requirements for improvements at specific locations or on-going maintenance to address safety concerns.

2. For sites that qualify as significant, access requirements shall comply with OAR 660-23-180(5)(b)(B).

D. Hours of Operation.

1. Extraction, processing and transportation activity shall be allowed Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m. Transportation activity shall be allowed Saturdays between the hours of 6:00 a.m. and 6:00 p.m. No extraction, processing or transportation activity is allowed on the following holidays: January 1st, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and December 25th.

2. Blasting shall be restricted to the hours of 9:30 a.m. to 4:30 p.m., Monday through Friday. No blasting shall occur on Saturdays, Sundays or the following holidays: January 1st, Memorial Day, July 4th, Labor Day, Thanksgiving Day, and December 25th.

3. An owner or operator may request, and the director may grant, an exception to provide for additional hours of operation for a mineral and aggregate extraction and processing operation when additional hours of operation are needed to alleviate a public emergency. “Public emergency” includes:

a. Damage to public roads or structures that requires immediate repair.

b. Road construction or repair that is scheduled during nighttime hours to reduce traffic conflicts.

E. Environmental Standards.

1. Any crusher, asphalt batch plant or concrete plant shall have a valid DEQ permit.

2. Owners or operators shall present evidence of the appropriate DEQ permits prior to commencing operations.

3. Owners or operators of mineral and aggregate operations shall comply with the Department of Environmental Quality (“DEQ”) sound levels in OAR 340-35-035 for habitable buildings on nearby property.

F. Safety Standards. Access roads to all mineral and aggregate resource sites shall be gated and locked when not in operation.

G. Site Reclamation. A site reclamation plan shall be submitted prior to the public hearing. It shall be amended to conform to any conditions of county approval and be approved by DOGAMI prior to commencement of operations. DOGAMI approval shall be evidenced by a DOGAMI surface mining operating permit.

H. Performance Agreements.

1. The operator of a mineral and aggregate site shall provide the county with evidence that demonstrates the operator has in full force and effect the bond or security deposit with DOGAMI to assure conformance with the state-required reclamation plan. This information shall be provided to the county prior to commencing operations.

2. Mineral and aggregate operations shall be insured for $100,000 against liability and tort arising from production activities or incidental operations conducted or carried on by virtue of any law, ordinance or condition, and the insurance shall be kept in full force and effect during the period of such operations.

Evidence of a prepaid policy of such insurance that is effective for a period of one year shall be deposited with the county prior to commencing any mineral and aggregate operations. The owner or operator shall annually provide the county with evidence that the policy has been renewed.

I. A landowner or operator shall hold a valid operating permit from the State Department of Geology and Mineral Industries (DOGAMI) for sites surface mined after July 1, 1972, as defined in ORS 215.298 and 517.750. A separate permit is required for each separate surface mining operation per ORS 517.790. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 925 § 6, 1992; Ord. 516 § 2, 1978; Ord. 457 § 4, 1976. RZ Ord. § 120.460.]

Any existing mineral and aggregate related use operating under a conditional use permit shall continue to comply with the conditions of approval, and the standards in MCC 17.120.410 through 17.120.460 as they existed on July 1, 1992, unless the conditions or standards are removed or modified as part of obtaining a new conditional use permit. The standards in MCC 17.120.460 do not apply to such uses.

A. If a surface mining operation has stopped for a period of more than one year it shall not be deemed to be interrupted or abandoned for any period after July 1, 1972, if the following conditions apply:

1. The owner or operator was issued and continuously renewed a state or local surface mining permit, or received and maintained a state or local exemption from surface mining regulation; and

2. The surface mining use was not inactive for a period of 12 consecutive years or more. “Inactive” means no aggregate materials were excavated, crushed, removed, stockpiled or sold by the owner or operator of the surface mine.

3. The applicant shall contact the Department of Geology and Mineral Industries to determine if the surface mining operation is still active and to obtain all the required permits. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 925 § 6, 1992; Ord. 516 § 2, 1978; Ord. 457 § 4, 1976. RZ Ord. § 120.470.]

A. Notwithstanding MCC 17.119.030, for significant sites where the county has determined there are no significant conflicts identified under the requirements of OAR 660-23-180(5) or (6) that cannot be minimized, the county shall not:

1. Deny mining at the site; or

2. Impose approval requirements beyond those required to assure minimum compliance with OAR 660-23-180, except with regard to mining or processing activities:

a. For which the application does not provide information sufficient to determine clear and objective measures to resolve identified conflicts;

b. Not requested in the application; or

c. For which a significant change to the type, location, or duration of the activity shown on the application is proposed by the operator.

B. For a significant site, the county shall render a final local decision within 180 days of accepting an application as complete. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 120.480.]

It is the purpose of this chapter to provide a means whereby larger parcels of ground may be subdivided into residential lots with more latitude as regards site development, common areas, private streets and walkways, and open space than is possible through traditional subdivision regulations while maintaining residential densities consistent with the applicable zone; to establish standards and controls necessary to assure the community of a functional and compatible development; and to provide within residential zones the development of residential areas with increased amenities. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.010.]

The following terms are defined for the purposes of this chapter and do not apply otherwise to this title.

A. “Planned development” means a subdivision of land, incorporating common open spaces with each dwelling or mobile home placed on its own lot.

B. “Homeowners’ association” is an organization formed for the maintenance and operation of the open space and common areas of the planned development. The membership in the association must be automatic with the purchase of a lot or other property in the planned development. The association shall collect an assessment levied against each lot or other property which assessment shall be the principal source of funds to maintain open space and common areas, roadways, utilities and facilities. Assessments shall be enforceable as a lien against the private lots and open space.

C. “Open space” means a common area designated on the final plans of the planned development, permanently set aside for the common use of the members of the homeowners’ association, which open area may be landscaped and/or left with a natural tree cover, and in which area no roadways, streets, or parking areas are located.

D. “Open space lot” is a lot which abuts upon an open space for a distance of 10 feet or more.

E. “Roadway” is any vehicular way to property in the planned development that is located on lands owned by the homeowners’ association and does not exit the development at another location. Roadways are to serve specific property in the planned development only, not through traffic, and need be constructed only wide enough to adequately perform this function. Roadways include “T” turn-grounds, cul-de-sacs, circles, loops and other roadways not functioning as a through roadway.

F. “Streets” means roads permitting traffic to move in one side of the development and out of another, dedicated as a public street and developed to the applicable county street standard.

G. “Walkway” means a pedestrian pathway within a planned development for residents and guests. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.020.]

The procedural requirements set forth in MCC 17.172.680 through 17.172.940 shall govern the consideration of a planned development. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.200.]

In addition to the information required in a detailed subdivision plan the request for a planned development shall include:

A. The location of all streets, roadways, sidewalks and walkways, their widths and the nature of their improvement.

B. The location, layout, and the surfacing of all off-street parking areas.

C. The individual lot lines of each parcel that is to be created for separate ownership.

D. The location of easements for the water lines, fire hydrants, sewer and storm lines, and the location of the electric, gas, and telephone lines, television cable, and the lighting plans.

E. The common areas and open spaces and the particular uses which were intended for them.

F. The areas proposed to be conveyed, dedicated, reserved, or used for parks, scenic-ways, playgrounds, schools, public buildings, and similarly public and semi-public uses and whether such areas are to be public or private.

G. The location of each existing or proposed structure, its intended use, and the number of dwelling units in each residential building, except single-family detached dwellings and mobile homes.

H. The phases in which the project will be built, the approximate date when construction of each phase will begin, and the type and location of common areas, facilities and open space that will be provided at each phase. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.210.]

As a condition to granting approval for the final plat, satisfactory evidence shall be submitted that the roadways, parking areas and sidewalk improvements, and improvements in common areas will be placed. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.220.]

The density of the planned development shall not exceed the density of the zone in which it is to be located. The density shall be computed by dividing the total acreage by the number of dwelling units. The total acreage shall be that area contained in the ownership at the time of the filing of the planned development application. Each lot must comply with the minimum lot size of the zone. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.230.]

Any street bordering or within a planned development shall have public right-of-way and improvements consistent with adopted Marion County department of public works’ standards and upon approval of the board be accepted into the county road system. Plans for all streets shall be submitted for review and approval by the department of public works. Along streets the vision clearance requirements of MCC 17.110.770, including intersections with roadways, shall apply. Roadways shall be improved to the following standards:

A. Roadways shall be a minimum of 20 feet in width, curb to curb; provided, that if parking is to be allowed on either side of the street the minimum width shall be increased by seven feet for each side of the street on which parking is to be allowed. Parking shall be parallel.

B. Roadways shall be paved with portland cement concrete or asphalt concrete and designed and constructed to adequately support traffic loads and provide adequate drainage.

C. Dead-end roadways over 300 feet in length shall have a cul-de-sac bulb with 38-foot curb radius or as required by the local fire district. Shorter dead-end roadways shall have a turnaround area. No dead-end roadways shall exceed 500 feet in length.

D. Concrete curbs shall be provided.

E. The roadway system shall have direct connection to a paved street. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.240.]

A. Street Names and Addresses. Each street and roadway shall be named and each dwelling and other building shall be numbered as provided in Chapter 11.55 MCC, Naming and Addressing Roads/Property.

B. Accessory Structure Setbacks. An accessory structure shall not be located closer than five feet from any dwelling or other accessory buildings on an adjacent lot, except that a double carport or garage may be built that serves two adjacent dwellings. Accessory buildings shall be set back at least 10 feet from the boundary of the planned development.

C. Dwelling Setbacks from Roadways. Dwellings shall be set back a minimum distance of eight feet from any adjacent roadway, and five feet from any adjacent sidewalk; provided, that a vision clearance area shall be maintained as provided in MCC 17.110.770.

D. Dwelling Setbacks from Streets. A dwelling and any structure in the development other than a sign or fence shall be at least 20 feet from a street right-of-way.

E. Storm Drainage. All lots shall be provided with adequate storm drainage and connected to the storm drainage system if such system is available. Such facilities shall be sufficient to safely transport through the development all volumes of water generated upstream and on the site. Where streets and associated public drainage facilities will be constructed or where connections will be made to existing public drainage facilities, all design and construction shall conform to Department of Public Works’ Engineering Standards. On-site detention facilities may be required.

F. Recreational Vehicles. Planned developments may accommodate only mobile homes and dwellings. Recreational vehicles are not allowed except for storage in a designated storage area. A recreational vehicle shall not remain overnight in a planned development unless it is parked in a designated recreational vehicle storage area.

G. Building Height, Location, and Lot Coverage. Except as modified by this chapter, all structures within a planned development shall comply with all provisions of the zone in which the development is located as to height, location, and lot coverage.

H. Driveways. Each lot within the development shall have direct access to a roadway or to a public street which the development abuts on both sides. The driveway shall be an unobstructed area, not less than 10 feet in width, and shall be paved and well drained.

I. Fire Hydrants. Fire hydrants, if required, shall be provided within the roadway and on public streets in the development in conformance with the design and capacity requirements of the fire district.

J. On-Site Storage. Furniture, tools, equipment, building materials, or supplies belonging to the management of the development and stored outdoors shall be screened. Screening shall be sight-obscuring and shall blend with the development environment.

K. Walkways. Provisions shall be made for hard-surfaced, well-drained walkways, not less than 30 inches in width, from each dwelling to open space, common areas, retail services, and to a street or roadway. If the walkway is adjacent to the street or roadway the curb may be included in meeting the width requirements. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 121.250.]

Subject to the restrictions and provisions contained in this title, the director, planning commission, hearings officer or board shall have the power to vary or modify the strict application of any of the standards of this title in any case where such strict application would result in practical difficulties or unnecessary hardships with reference to requirements governing: lot area, lot width, percentage of lot coverage and number of dwelling units or structures permitted on a lot, height of structures, location, yards, signs, parking and loading space, vision clearance and other standards when limits for an adjustment in MCC 17.116.030 are exceeded. Variances to allow uses or new uses not otherwise allowed are prohibited. Variances to criteria and definitions are also prohibited. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.010.]

A. The director, planning commission, hearings officer, or board may permit and authorize a variance when it appears from the application and the facts presented that:

1. There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of this title; and

2. There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same zone; however, nonconforming land uses or structures in the vicinity or violations of land use regulations or standards on the subject property shall not in themselves constitute such circumstances or conditions; and

3. The degree of variance from the standard is the minimum necessary to permit development of the property for the proposed use; and

4. The variance will not have a significant adverse effect on property or improvements in the neighborhood of the subject property; and

5. The variance will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and

6. The variance will maintain the intent and purpose of the provision being varied.

B. Variance to Standards in Chapter 17.191 MCC, Signs. The director, planning commission, hearings officer or board may permit and authorize a variance to the standards in Chapter 17.191 MCC when it appears from the application and the facts presented that the criteria in MCC 17.191.120 are satisfied. The criteria in subsection (A) of this section do not apply to variances granted under this subsection. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.020.]

The director, planning commission or hearings officer may impose such limitations, conditions and safeguards as it may deem appropriate so that the spirit of this title will be observed, public safety and welfare secured, and substantial justice be done. The director, planning commission or hearings officer may limit the time or duration of a variance. If the variance is granted the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. A violation of any such condition or limitation shall constitute a violation of this title. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.030.]

An application for a variance may be filed by one or more of the following:

A. The owner of the property that is the subject of the application;

B. The purchaser of the property that is subject to the application when a duly executed written contract or earnest-money agreement, or copy thereof, is submitted with the application;

C. A lessee in possession of the property subject to the application who submits written consent of the owner to make such application;

D. The appropriate local government or state agency when the application is for a public works project;

E. A governmental body that has initiated condemnation procedures on the property that is subject to the application, but has not yet gained title; or

F. A co-tenant if the property that is the subject of the application is owned by tenants in common.

G. A public agency or utility, or an entity authorized by a public agency or utility, if the public agency or utility holds an easement or other right that entitles the applicant to conduct the proposed use on the subject property without the approval of the property owner.

The application shall be filed with the director in writing on an application form provided by the planning division. The application shall set forth the variance or modification sought, the description or location of the building or premises, and the name or names of the owners of the property. The application shall contain such other information as deemed necessary by the director, planning commission or hearings officer. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.040.]

A. Applications shall include the following signatures:

1. Signatures of all owners of the subject property;

2. The signatures of the purchasers of the property under a duly executed, recorded, written contract of sale or earnest-money agreement;

3. The signatures of lessee in possession of the property with the written consent of all the owners;

4. The signatures of the agents of those identified in MCC 17.122.040(A), (B), or (C) when authorized in writing by those with the interests described in MCC 17.122.040(B) or (C), and all the owners of the property;

5. For an application filed by an entity authorized by a public agency or utility pursuant to MCC 17.122.040(G), the signature of an authorized agent of a public agency or utility holding an easement or other right that entitles the applicant to conduct the proposed use on the subject property without the approval of the property owners; or

6. The signature of co-tenants owning at least a one-half undivided interest in the property, when the property is owned by tenants in common; provided, that the signing co-tenant provides current addresses for all co-tenants who have not signed the application so the planning division can give them notice of the decision.

B. Prima Facie Proof of Ownership. When any person signs as the owner of property or as an officer of a public or private corporation owning the property, or as an attorney in fact or agent of any such owner, or when any person states that he or she is buying the property under contract, the director, planning commission, hearings officer and the board may accept these statements to be true, unless the contrary be proved, and except where otherwise in this title more definite and complete proof is required. Nothing herein prevents the director, planning commission, hearings officer or board from demanding proof that the signer is the owner, officer, attorney in fact, or agent. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002. RZ Ord. § 122.045.]

The provisions of this chapter and other provisions of this title notwithstanding, the director shall have the power to decide applications for all variances and impose conditions consistent with this title. The director shall also have the power to forward an application to the hearings officer or planning commission for the initial decision. In such case, the review body shall conduct a public hearing on the application pursuant to MCC 17.122.060.

The director may, any time prior to the decision being final, reconsider the decision and issue a new or modified decision. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.050.]

The director shall decide whether the variance is approved or denied based on the Marion County Comprehensive Plan and applicable criteria in this title. This administrative decision shall be final unless an appeal is taken as provided in MCC 17.122.120. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.052.]

Upon receipt of an application under MCC 17.122.040, a summary of the application shall be distributed to the public works department, assessor’s office, building inspector, other affected agencies and the recognized area advisory committee, with a request for comments or suggestions regarding those features that come within the scope of their activities. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.054.]

Notice of the decision and information on the appeal process shall be sent to the applicant, the owner(s) of the subject property, the co-tenants of the subject property if the property is owned by tenants in common, affected agencies and members of the recognized area advisory committee requesting notification, others requesting notification, and all landowners within the required notification area. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.056.]

After the director’s final action on the application, interested persons may appeal the decision no later than 15 days after the decision is mailed. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.058.]

If the director’s decision is appealed, the hearings officer or planning commission shall conduct a public hearing in accordance with Chapter 17.111 MCC. Notice of an appeal of the director’s decision shall be mailed to the applicant, those requesting notice of a hearing and all landowners within the required notification area at least 20 days prior to the hearing date. The notice shall be consistent with the requirements in ORS 197.763(3). Failure to receive such notice by mail shall not affect the validity of the proceedings. The public hearing before the hearings officer or planning commission shall be de novo. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.060.]

The planning commission or hearings officer shall render its decision on an application for a variance after the conclusion of a hearing and the director or hearings officer shall mail a notice of the decision to the applicant and shall file a copy of the notice with the board. The director or hearings officer shall also mail notice of any decisions to any person or agency who, in writing, requested such notification before the decision was rendered. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.065.]

The board may call up any action of the director, planning commission or hearings officer in granting or denying a variance. Such action of the board shall be taken at the meeting where notice of the decision is presented. When the board takes such action the director’s, planning commission’s or hearings officer’s records pertaining to the variance in question shall be submitted to the board by the director or hearings officer and such call up shall stay all proceedings in the same manner as the filing of a notice of appeal. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.070.]

Variances granted by the director, planning commission or hearings officer under the provisions of this title shall not be effective until 15 days after the mailing of the notice of decision; provided, however, in case call up of the proceedings has been requested by the board or an appeal has been taken as herein provided, the variance shall not be effective until the planning commission, hearings officer or board has acted on the call up or appeal. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.080.]

Variances granted under this title shall be effective only when the exercise of the right granted thereunder shall be commenced within 12 months from the effective date of that variance, unless a longer period be specified or thereafter allowed by the director, planning commission, hearings officer, or board. In case the right has not been exercised, or extension obtained, the variance shall be void. A written request for an extension of time filed with the director prior to the expiration of the variance shall extend the running of the variance period until the director, planning commission, hearings officer or board has acted on the request. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.090.]

Discontinuance of the exercise of any right heretofore or hereafter authorized by any variance for a continuous period of six months shall be deemed an abandonment of such variance, and the property affected thereby shall be subject to all the provisions and regulations of this title applicable to the district or zone in which such property is located at the time of such abandonment. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.100.]

Unless otherwise provided in the decision granting the variance, variances shall run with the land. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.110.]

A. An appeal may be taken to the board by any person, firm, or corporation, or by an officer, department, board or commission of any public corporation or political subdivision of the state of Oregon, aggrieved or affected by the decision of the planning commission or hearings officer on an application for a variance. An appeal must be filed with the county clerk within 15 days from the date of mailing of notice of the decision of the planning commission or hearings officer.

The appeal shall be filed in duplicate and one copy thereof shall be forwarded immediately by the clerk to the board. The appeal shall state wherein the planning commission or hearings officer failed to conform to the provisions of this title.

B. When an appeal is filed it shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until the determination of such appeal by the board.

C. The board shall review the action of the planning commission or hearings officer and may refer the matter back to the planning commission or hearings officer for further consideration, in which case the planning commission or hearings officer shall conduct such further investigation if it is deemed advisable and report its findings to the board. The board may summarily, after considering the application and appeal and finding that the facts therein stated do not warrant any further hearings, affirm the action of the planning commission or hearings officer and deny the appeal. If the board is of the opinion that the facts in the case warrant further action, the board shall give notice of the time and place of such hearing in the same manner as set forth in MCC 17.111.030. After the hearing, the board may reverse or affirm or may impose such conditions as the facts warrant and may grant a variance, and its decision or determination shall be final. Any hearing may be continued to a time and day certain or as otherwise provided for by re-noticing the hearing.

D. If the board exercises its authority, pursuant to MCC 17.110.765, to make the initial determination on a land use application, the decision of the board is final and appealable only to the Oregon Land Use Board of Appeals. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.120.]

No application which has been denied wholly or in part by the director, planning commission, hearings officer or by the board shall be resubmitted for a period of one year from such denial, unless consent for resubmission be given by the director, two-thirds of the members of the planning commission, the hearings officer or the board. [Ord. 1271 § 5, 2008; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 6, 2000. RZ Ord. § 122.130.]

A zone change is a reclassification of any lot, parcel, or area from one zone or district to another. Such change shall be by an ordinance exacted by the board after proceedings have been accomplished in accordance with this title. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 619 § 3, 1982; Ord. 516 § 2, 1978. RZ Ord. § 123.010.]

A. The board may initiate a zone change only as provided below:

1. The board may initiate a zone change proposed for some governmental, educational, religious, or philanthropic purpose; or

2. The board may initiate a zone change that is legislative when a majority of all property owners in the area proposed to be changed have signed a notarized statement requesting initiation of the zone change. Under this provision, the applicants shall make application consistent with MCC 17.119.020 and 17.119.025 and pay the appropriate fee.

3. When the board initiates a zone change, it shall do so by resolution. The resolution may be referred to the planning commission, hearings officer, or planning director.

4. The board may exercise its authority to initially determine the zone change, pursuant to the provisions of MCC 17.110.765. If the board so elects, it shall hold a public hearing pursuant to Chapter 17.111 MCC. If the board refers the zone change to the planning commission or hearings officer, the planning commission or hearings officer shall hold a public hearing and make a recommendation to the board, which may in its discretion hold a public hearing on the change.

B. The planning commission or hearings officer may initiate a zone change only as provided below:

1. The planning commission or hearings officer may initiate a zone change that is in the public interest and will be of general benefit;

2. When the proceedings are initiated by the planning commission or hearings officer, the director shall fix a date for hearing before the planning commission or hearings officer and give notice of the hearing as provided in Chapter 17.111 MCC.

3. After the hearing, the planning commission or hearings officer shall refer its recommendation to the board.

C. A quasi-judicial zone change may be initiated by a property owner(s) consistent with the application requirements of MCC 17.119.020 and 17.119.025. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 619 § 3, 1982; Ord. 516 § 2, 1978. RZ Ord. § 123.020.]

Except in those cases where the board summons the application for initial determination pursuant to MCC 17.110.765, the planning commission or hearings officer shall hold a public hearing as prescribed in Chapter 17.111 MCC on the application for zone change. After concluding its hearings, the planning commission or hearings officer shall prepare a report setting forth a summary of facts and conditions involved in the reclassification and submit the same together with its recommendation to the board and to the petitioner. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 619 § 3, 1982; Ord. 516 § 2, 1978. RZ Ord. § 123.030.]

The board shall hold a public hearing on any application for which the board has summoned for initial determination pursuant to MCC 17.110.765. In all other cases, the board may in its discretion hold a public hearing on the application. All public hearings shall be held pursuant to Chapter 17.111 MCC. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 619 § 3, 1982; Ord. 516 § 2, 1978. RZ Ord. § 123.040.]

Any zone change or reclassification of property shall be by ordinance which shall be passed by the board. Any denial of a proposed zone change shall be by order. Whenever any premises are reclassified as to zone, or a new zone established, or boundary lines of a zone changed, the official zoning map shall be changed as provided in MCC 17.110.660. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 516 § 2, 1978. RZ Ord. § 123.050.]

Approval of a zone change application or initiated zone change shall include findings that the change meets the following criteria:

A. The proposed zone is appropriate for the Comprehensive Plan land use designation on the property and is consistent with the goals and policies of the Comprehensive Plan and the description and policies for the applicable land use classification in the Comprehensive Plan; and

B. The proposed change is appropriate considering the surrounding land uses and the density and pattern of development in the area; and

C. Adequate public facilities, services, and transportation networks are in place, or are planned to be provided concurrently with the development of the property; and

D. The other lands in the county already designated for the proposed use are either unavailable or not as well suited for the anticipated uses due to location, size or other factors; and

E. If the proposed zone allows uses more intensive than uses in other zones appropriate for the land use designation, the new zone will not allow uses that would significantly adversely affect allowed uses on adjacent properties zoned for less intensive uses. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 123.060.]

A. Purpose and Criteria. A zone change allowing more intensive use of property may be conditioned to require provisions for buffering or provision of off-site public facilities. In order to impose conditions on a zone change, findings must be adopted showing that the use of the property will be intensified and that the conditions:

1. Are reasonably related to development allowed in the proposed zone or to the specific development proposed on the subject property;

2. Will serve a public purpose such as mitigating the negative impacts of allowed uses on adjacent properties; and

3. Are based upon policies or standards in the Comprehensive Plan or other standards adopted by the board of commissioners or by state and federal agencies.

B. Scope of Conditions. Conditions that could be imposed and satisfy the criteria in subsection (A) of this section include, but are not limited to:

1. Granting a right-of-way for public roads, including easements, etc.;

2. Improvement of private or public roads, including bike paths, curbs, and sidewalks;

3. Provision of storm drainage facilities;

4. Extension of public sewer and water service, including over-sizing to permit development on other lands;

5. Provision of fire suppression facilities and equipment;

6. Provision of transit and traffic control facilities;

7. Special building setbacks, orientation, landscaping, fencing, berming, and retention of natural vegetation;

8. Special locations for truck loading, parking, access routes, or any outdoor activity that could impact adjacent property;

9. Administrative review of development plans to ensure that conditions of approval have been satisfied; and

10. Financial contributions to public agencies to offset increased costs for providing services or facilities related to the intensification of the use of the property.

C. The following limits and requirements apply to conditions imposed pursuant to this section:

1. Conditions shall be stated with specificity; shall be reasonably related to the public health, safety, and welfare; and shall be designed to reasonably effectuate their intended purpose.

2. Conditions that would have the effect of limiting use of the subject property to one particular owner, tenant, or business shall not be imposed, except as authorized under a limited use overlay zone. Conditions shall not be so restrictive that they may not reasonably be complied with by other occupants who might devote the property to the same or a substantially similar use.

3. If the dedication of street right-of-way or street improvements are required, provision of dedication, improvements or funding shall be deferred until a building permit or final inspection is required.

D. Enforcement. Unless otherwise specified, conditions relate to the development of the property and are not enforceable until development is imminent. No building permit shall be issued on property subject to conditional zoning without a determination that all conditions are satisfied. Compliance is a continuing requirement applicable to subsequent building permits unless the use of the land has been changed and the director finds that the conditions no longer apply. Extensions of time for compliance with conditions may be granted by the director, hearings officer, planning commission, or board of commissioners upon a finding that no negative impacts on the public or nearby landowners will occur and there are extraordinary circumstances justifying the extension. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002; Ord. 637 § 3, 1982. RZ Ord. § 123.070.]

The county shall acknowledge and allow for the completion of any zone change for which a valid resolution of intent to rezone exists, pursuant to the requirements of the resolution. [Ord. 1271 § 5, 2008; Ord. 1168 § 5, 2002. RZ Ord. § 123.080.]

The purpose of the limited use chapter is to provide specific requirements for permitted uses that are considered limited due to their nature and activities. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978.]

The building official may grant a temporary permit for the use and occupancy of a mobile home by the applicant for the length of time that the homeowner is constructing a house on the same premises on which the mobile home is to be located. Such permit shall be granted for a period of one year, and may be renewed for a maximum period of one additional year by the county building official. As a condition of granting such a permit, the building official shall require that an agreement be signed by the applicant stating that he is fully aware of the terms of such temporary use.

Any additional extension of time beyond that allowed by the building official shall be at the sole discretion of the director, planning commission or hearings officer after proceedings are held in the same manner as provided for variances, and such requests shall be considered as requests for a variance from the terms of this title. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.010.]

Subdivision or planned development pre-cutting and assembly facilities, including permanent structures which are to be converted to a permitted use, temporary buildings and structures and related outdoor storage area, may be permitted by the building official provided:

A. The building official issues a permit for such specific purpose.

B. That at least 80 percent of the production of said facility is used within the development or subdivision.

C. The facility has a finished-appearing exterior and the site is maintained in a neat and trim condition and all portions of said facility are screened from all residential and commercial areas with such landscaping as may be necessary.

D. That all signs comply with the requirements of Chapter 17.191 MCC.

E. That the term of such permit for each approved planned development phase or recorded addition to a subdivision shall not exceed three years for the permit, which may be renewed once for an additional two-year period. Additional periods may be granted by the director, planning commission or hearings officer under the variance procedure when the applicant can show good cause for such delay and such site is not detrimental to the area.

F. When necessary, due to a complaint or by reason of closeness to residential uses, the building official may limit the hours of operation of said facility.

G. Failure to continuously comply with these conditions and any conditions on the permit shall automatically void the permit.

H. When the development or subdivision is complete, the property shall be restored to its residential condition and use. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.020.]

A winery may be established in the EFU, SA or FT zones subject to the following criteria:

A. The winery produces wine with a maximum annual production of:

1.  Less than 50,000 gallons; and:

a. Owns an on-site vineyard of at least 15 acres;

b. Owns a contiguous vineyard of at least 15 acres;

c. Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a vineyard contiguous to the winery; or

d. Obtains grapes from any combination of subsections (A)(1)(a), (b) or (c) of this section; or

2. At least 50,000 gallons and the winery:

a. Owns an on-site vineyard of at least 40 acres;

b. Owns a contiguous vineyard of at least 40 acres;

c. Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a vineyard contiguous to the winery;

d. Owns an on-site vineyard of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of vineyards in Oregon that are located within 15 miles of the winery site; or

e. Obtains grapes from any combination of subsections (A)(2)(a), (b), (c) or (d) of this section.

B. In addition to producing and distributing wine, a winery established under this section may:

1. Market and sell wine produced in conjunction with the winery.

2. Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:

a. Wine tastings in a tasting room or other location on the premises occupied by the winery;

b. Wine club activities;

c. Winemaker luncheons and dinners;

d. Winery and vineyard tours;

e. Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;

f. Winery staff activities;

g. Open house promotions of wine produced in conjunction with the winery; and

h. Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery.

3. Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to on-site retail sale of wine, including food and beverages:

a. Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

b. Served in conjunction with an activity authorized by subsection (B)(2), (4) or (5) of this section.

4. Carry out agri-tourism or other commercial events on the tract occupied by the winery subject to subsections (E) and (F) of this section.

5. Host charitable activities for which the winery does not charge a facility rental fee.

C. A winery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection (B)(3) of this section. Food and beverage services authorized under subsection (B)(3) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

D. The gross income of the winery from the sale of incidental items or services provided pursuant to subsections (B)(3) to (5) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. The gross income of a winery does not include income received by third parties unaffiliated with the winery. At the request of the planning director, the winery shall submit a written statement that is prepared by a certified public accountant and certifies the compliance of the winery with this section for the previous tax year.

E. A winery may carry out up to 18 days of agri-tourism or other commercial events annually on the tract occupied by the winery, subject to the following:

1. Events on the first six days of the 18-day limit per calendar year shall be authorized through the issuance of a renewable multi-year license that has a term of five years and is subject to an administrative review to determine necessary conditions pursuant to subsection (F) of this section. The license described in this section is not a land use decision, as defined in ORS 197.015, and is not subject to review by the Land Use Board of Appeals and is not a permit, as defined in ORS 215.402 or 227.160.

2. Events on days seven through 18 of the 18-day limit per calendar year shall be authorized by the local government through the issuance of a renewable multi-year permit that has a term of five years, is subject to an administrative review to determine necessary conditions pursuant to subsection (F) of this section, and is subject to notice as specified in ORS 215.416(11) or 227.175(10). The permit described in this section is a land use decision, as defined in ORS 197.015, and is subject to review by the Land Use Board of Appeals and is a permit, as defined in ORS 215.402 or 227.160.

F. As necessary to ensure that agri-tourism or other commercial events on a tract occupied by a winery are subordinate to the production and sale of wine and do not create significant adverse impacts to uses on surrounding land, the local government may impose conditions on a license or permit issued pursuant to subsection (E) of this section related to:

1. The number of event attendees;

2. The hours of event operation;

3. Access and parking;

4. Traffic management;

5. Noise management; and

6. Sanitation and solid waste.

G. A winery operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.

H. Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsection (A) of this section have been planted or that the contract has been executed, as applicable.

I. Standards imposed on the siting of a winery shall be limited solely to each of the following for the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands:

1. Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places unless the local government grants an adjustment or variance allowing a setback of less than 100 feet; and

2. Provision of direct road access and internal circulation.

J. In addition, the following apply to any permitted winery request:

1. Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

2. Regulations of general applicability for the public health and safety; and

3. Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.

K. When a bed and breakfast facility is sited as a home occupation on the same tract as a winery established under this section and in association with the winery:

1. The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

2. The meals may be served at the bed and breakfast facility or at the winery.

L. As used in this section:

1. “Agri-tourism or other commercial events” includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event.

2. “On-site retail sale” includes the retail sale of wine in person at the winery site, through a wine club or over the Internet or telephone. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1326 § 4 (Exh. A), 2012.]

A large winery may be established in the EFU, SA or FT zones subject to the following criteria:

A. The winery owns and is sited on a tract of 80 acres or more, at least 50 acres of which is a vineyard;

B. The winery owns at least 80 additional acres of planted vineyards in Oregon that need not be contiguous to the acreage described in subsection (A) of this section; and

C. The winery has produced annually, at the same or a different location, at least 150,000 gallons of wine in at least three of the five calendar years before the winery is established under this section.

D. In addition to producing and distributing wine, a winery described in subsections (A) through (C) of this section may:

1. Market and sell wine produced in conjunction with the winery;

2. Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:

a. Wine tastings in a tasting room or other location on the premises occupied by the winery;

b. Wine club activities;

c. Winemaker luncheons and dinners;

d. Winery and vineyard tours;

e. Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;

f. Winery staff activities;

g. Open house promotions of wine produced in conjunction with the winery; and

h. Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery;

3. Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to retail sale of wine on site, including food and beverages:

a. Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

b. Served in conjunction with an activity authorized by subsection (D)(2)(b), (d) or (e) of this section;

4. Provide services, including agri-tourism or other commercial events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that:

a. Are directly related to the sale or promotion of wine produced in conjunction with the winery;

b. Are incidental to the retail sale of wine on site; and

c. Are limited to 25 days or fewer in a calendar year; and

5. Host charitable activities for which the winery does not charge a facility rental fee.

E. The gross income of the winery from the sale of incidental items pursuant to subsection (D)(3) of this section and services provided pursuant to subsection (D)(4) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. At the request of the planning director, the winery shall submit to the local government a written statement, prepared by a certified public accountant, that certifies compliance with this section for the previous tax year.

F. A winery operating under this section:

1. Shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.

2. May operate a restaurant, as defined in ORS 624.010, in which food is prepared for consumption on the premises of the winery.

G. A winery shall obtain a permit from the local government if the winery operates a restaurant that is open to the public for more than 25 days in a calendar year or provides for agri-tourism or other commercial events authorized under subsection (D)(4) of this section occurring on more than 25 days in a calendar year. In addition to any other requirements, a local government may approve a permit if the local government finds that the authorized activity:

1. Complies with the standards described in ORS 215.296;

2. Is incidental and subordinate to the retail sale of wine produced in conjunction with the winery; and

3. Does not materially alter the stability of the land use pattern in the area.

4. If the local government issues a permit for agri-tourism or other commercial events, the local government shall review the permit at least once every five years and, if appropriate, may renew the permit.

H. A person may not have a substantial ownership interest in more than one winery operating a restaurant under this section.

I. Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsections (A), (B), and (C) of this section have been planted.

J. A winery operating under this section shall:

1. Be set back at least 100 feet from all property lines for the winery and all public gathering places; and

2. Provide for direct road access and internal circulation.

K. A local government shall apply:

1. Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

2. Regulations for the public health and safety; and

3. Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.

L. The local government may authorize a winery described in subsections (A), (B) and (C) of this section to sell or deliver items or provide services not described in subsections (D)(3), (D)(4), or (E) of this section for a commercial activity in conjunction with farm use under ORS 215.213(2)(c) or 215.283(2)(a) or under other provisions of law.

M. A local government may issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government issued permits to wineries operating under this section in similar circumstances before August 2, 2011. A local government may not issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government did not issue permits to wineries operating under this section in similar circumstances before August 2, 2011.

N. When a bed and breakfast facility is sited as a home occupation on the same tract as a winery established under this section and in association with the winery:

1. The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

2. The meals may be served at the bed and breakfast facility or at the winery.

O. As used in this section:

1. “Agri-tourism or other commercial events” includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event.

2. “On-site retail sale” includes the retail sale of wine in person at the winery site, through a wine club or over the Internet or telephone. [Ord. 1369 § 4 (Exh. B), 2016.]

A single-family mobile home on a lot in the RS zone shall meet the following use and development standards. The mobile home shall:

A. Be manufactured after June 15, 1976, and exhibit the U.S. Housing and Urban Development Department (HUD) certification label pursuant to OAR 918-500-450(2); and

B. Repealed by Ord. 1454;

C. Repealed by Ord. 1454;

D. Repealed by Ord. 1454;

E. Repealed by Ord. 1454;

F. Repealed by Ord. 1454;

G. Have an exterior thermal envelope meeting performance standards which reduce heat loss to levels equivalent to the performance standards required of single-family dwellings constructed under the State Building Code as defined in ORS 455.010. Evidence demonstrating that the mobile home meets “Super Good Cents” energy efficiency standards is deemed to satisfy the exterior thermal envelope requirement. Additional evidence shall not be required. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 963 § 4, 1994; Ord. 516 § 2, 1978. RZ Ord. § 125.050.]

A fuel oil distribution firm shall meet the following use and development standards:

A. All fuel oil and motor fuels are stored in an underground location.

B. All vehicles of the firm which are parked overnight on the premises are kept wholly within a completely enclosed building.

C. All driveways, parking and boarding areas are paved with asphalt or concrete surfacing and are adequately graded and drained.

D. The storage of all merchandise, materials, equipment and accessories is consistently and continuously maintained wholly within a completely enclosed building.

E. The sales and services of any furnaces may be conducted only as an incidental and secondary use, provided further that there is no sheet metal shop operated in connection therewith.

F. That there be a yard three feet in depth adjacent to any residential zone, which yard shall be contained with a compact evergreen hedge, planted with materials at least three feet in height and which shall be capable of attaining a height of at least six feet, which hedge shall be maintained in a neat condition. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1191 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.060.]

A mobile home towing service office shall meet the following use and development standards:

A. Mobile home towing service, office and overnight stopover point permitted; provided, that not more than four mobile homes and/or the towing tractors remain for more than 48 hours at any one time on the site;

B. All portions of the property which are to be used for the parking of automobiles and trucks and mobile homes are paved;

C. A permit and approval has been obtained from the Marion County director of public works regarding the number, size of driveways and the direction of ingress and egress to each driveway;

D. No mobile home or trailer is stored for any purpose on this site;

E. The office may be a mobile unit provided that said mobile unit meets the requirements of the county building official, that there be no operation of this activity during darkness or movement of units on holidays and weekends, that there will be no repair or service of trucks on this property; and

F. There will be no repair or service of trailers or mobile homes on this site. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.070.]

A retail building materials sales firm shall meet the following use and development standards:

A. All sales are at retail to the general public.

B. All activities, including storage, are conducted wholly within an enclosed building.

C. Loading and unloading operations are conducted through those sides of the building which are not abutting, adjacent to or across a street from any residential zone.

D. All parking and loading areas are paved with an asphaltic or comparable surface.

E. All parking, loading and yard areas are continuously maintained in a neat and clean manner.

F. Storage of merchandise or warehousing of merchandise is limited to that amount and kind which will be sold through the retail sales at the site of such storage.

G. Provided, that the county building official issues a final inspection prior to use of the building and site, after determining that the conditions set forth herein are fully satisfied. In the event such conditions are not continuously met, the use shall be subject to revocation and enforcement action. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1191 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.080.]

A limited home occupation shall meet the following use and development standards:

A. The home occupation shall be carried on by the resident or residents of a dwelling on the subject property as a secondary use and may employ no more than one person (“person” includes volunteer, nonresident employee, partner or any other person).

B. The home occupation shall be continuously conducted in such a manner as not to create any public or private nuisance, including, but not limited to, offensive noise, odors, vibration, fumes, smoke, fire hazard, or electronic, electrical, or electromagnetic interference. In a residential zone noise associated with the home occupation shall not violate Department of Environmental Quality standards or Chapter 8.45 MCC, Noise.

C. No sign shall be displayed on the premises except such signs as are allowed in Chapter 17.191 MCC for the zone in which the home occupation is located.

D. The home occupation shall be conducted entirely within the dwelling or any attached garage.

E. The total floor area devoted to a home occupation shall not exceed 800 square feet.

F. No structural alterations shall be made to the dwelling or attached garage that would be inconsistent with future use of the building exclusively as a dwelling.

G. No alteration to or use of the premises shall be made that would reduce the number of required on-site parking spaces.

H. No visits by suppliers shall occur.

I. Customers coming to the property shall be limited to the hours of 8:00 a.m. through 8:00 p.m.

J. Retail and wholesale sales that do not involve customers coming to the property, such as Internet, telephone or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation.

K. There shall be no outside storage or display of materials, equipment, or merchandise used in, or produced in connection with, the limited home occupation.

L. The property, dwelling or other buildings shall not be used for assembly or dispatch of employees to other locations.

M. There shall be no more than one commercial vehicle located on the property in conjunction with the home occupation. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.100.]

A wireless communications facility, attached, shall meet the following use and development standards:

A. In addition to the standard application materials, any request for a wireless communications facility, attached, shall include the following items:

1. Eight photosimulations of the proposed facility and equipment enclosure as viewed from affected residential properties and public rights-of-way at varying distances at locations within a 1,000 foot radius of the proposed facility that are agreed upon by planning staff and the applicant prior to filing the application.

2. Map showing the location and service area of the proposed wireless communications facility, attached, and an explanation of the need for that facility.

3. Map showing the locations and service areas of other wireless communications facilities/sites operated and proposed by the applicant which are close enough to affect service.

4. Site/landscaping plan showing the specific placement of the wireless communications facility, attached, on the site; showing the location of existing structures, trees, and other significant site features; and indicating type and locations of proposed screening; and the proposed color(s) for the wireless communications facility, attached, and equipment enclosure.

5. Signed agreement providing that the applicant shall remove the facility and equipment enclosure within six months of the date it ceases to be operational.

6. Lease agreement with the landowner or contract purchaser that allows the landowner or contract purchaser to enter into leases with other providers; and specifies that if the provider fails to remove the facility and equipment enclosure within six months of the date it ceases to be operational, the responsibility for removal falls upon the landowner or contract purchaser.

7. A narrative discussion of how the proposed facility and equipment enclosure complies with applicable use and development standards.

B. Notwithstanding other height limitations in this title, omni-directional (whip) antennas not exceeding 20 feet in height and directional/parabolic antennas not exceeding seven feet in diameter or width and 15 feet in height may be attached or located on existing structures.

C. Antennas and associated equipment enclosures shall be surfaced in a nonreflective color or screened to match the structure on which it is located. An equipment enclosure may be set back from the edge of a roof by a distance at least equal to its height in lieu of screening.

D. Equipment enclosures shall be located within the building or structure on which they are located wherever possible; otherwise, equipment enclosures in residential zones and the AR, CC and C zones shall be screened by a sight-obscuring fence, wall or hedge of equal or greater height than the equipment enclosure.

E. A wireless communications facility, attached, and equipment enclosures shall be removed by the facility owner or property owner within six months of the date it ceases to be operational.

F. Antennas shall not be illuminated except as required by the Oregon State Aeronautics Division or the Federal Aviation Administration.

G. In residential zones and the AR zone a wireless communications facility, attached, shall not be attached to buildings which are designed or used for single-family residential use or as residential accessory structures.

H. Wireless communications facility, attached, when not located on an existing lattice tower, monopole or guyed tower, shall be located and screened to minimize views from existing dwellings and public rights-of-way in a manner that is architecturally compatible with the building or structure on which it is located. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1191 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.110.]

A wireless communications facility shall meet the following use and development standards:

A. In addition to the standard application materials, any request for a wireless communications facility shall include the following items:

1. Eight photosimulations of the proposed facility and equipment enclosure as viewed from affected residential properties and public rights-of-way at varying distances at locations within a 1,000-foot radius of the proposed facility that are agreed upon by planning staff and the applicant prior to filing the application.

2. Map showing the location and service area of the proposed wireless communications facility and an explanation of the need for that facility.

3. Map showing the locations and service areas of other wireless communications facilities/sites operated and proposed by the applicant that are close enough to affect service.

4. Site/landscaping plan showing the specific placement of the wireless communications facility on the site, the location of existing structures, trees, and other significant site features, type and locations of proposed screening, and the proposed color(s) for the wireless communications facility and equipment enclosure.

5. Signed agreement providing that the applicant shall remove the facility and equipment enclosure within six months of the date it ceases to be operational.

6. Lease agreement with the landowner or contract purchaser that allows the landowner or contract purchaser to enter into leases with other providers; and specifies that if the provider fails to remove the facility and equipment enclosure within six months of the date it ceases to be operational, the responsibility for removal falls upon the landowner or contract purchaser.

7. Anticipated capacity of the wireless communications facility (including number and types of antennas which can be accommodated); and the number of additional wireless communications facility, attached, that may be co-located on the proposed tower.

8. Evaluation of the feasibility of co-location of the subject facility as an alternative to the requested permit. The feasibility study must include:

a. Written verification or other documentation revealing the availability and/or cooperation shown by other providers to gain access to existing sites/facilities to meet the needs of the applicant.

b. Compliance with the requirements of subsection (A)(8)(a) of this section may be demonstrated by providing evidence of mailing the following co-location request letter to all other wireless providers licensed to provide service within the county:

Pursuant to the requirements of MCC 17.120.080(A)(8)(a), (wireless provider) is hereby providing you with notice of our intent to make application with Marion County to locate a freestanding wireless communications facility that would be located at _______. In general, we plan to construct a support structure of ___ feet in height for the purpose of providing (cellular, PCS, etc.) service.

Please inform us whether you have any wireless facilities located within (distance) of the proposed facility, that may be available for possible co-location opportunities. Please provide us with this information within 15 business days after the date of this letter. Your cooperation is appreciated.

c. Tower type and height of potential co-locations facilities.

d. Specific reasons why co-location is or is not feasible. Reasons may include but are not limited to the following:

i. A statement from a qualified radio engineer indicating whether the necessary service can or cannot be provided by co-location at the identified site(s) by the other provider.

ii. Evidence that the lessor of the site(s) identified by the other provider(s) either agrees or disagrees to co-location on their property.

iii. Evidence that adequate site area exists or does not exist at the site(s) identified by the other provider(s) to accommodate needed equipment and meet all of the site development standards.

9. A narrative discussion of how the proposed facility and equipment enclosure complies with applicable use and development standards.

B. Notwithstanding other height limitations in this title all lattice, monopole, guyed or other freestanding support structures shall be limited to a total height, including antennas, of 150 feet above natural grade.

C. Lattice, monopole, guyed or other freestanding support structures, antennas, associated enclosures and all exterior mechanical equipment shall be surfaced so as to be nonreflective. For purposes of this requirement a galvanized metal monopole shall be considered nonreflective.

D. The wireless communications facility including equipment enclosures shall be fenced by a six-foot-high fence, wall or hedge.

E. Notwithstanding other setback standards in this title the exterior base of a lattice, monopole, guyed or other freestanding support structure shall be separated from all dwellings and residential accessory structures not located on the subject property, and residential zone boundaries (including the AR, CC and C zones) by a distance equal to one foot greater than the total height of the support structure and antennas. A freestanding support structure may be placed closer to a residential zone boundary (including the AR, CC and C zones) where it is demonstrated that location of the proposed facility closer to the boundary will take advantage of an existing natural or artificial feature to conceal the facility or minimize its visual impact.

F. Lattice, monopole, guyed or other freestanding support structures, antennas and associated enclosures and all exterior mechanical equipment shall not be illuminated except as required by the Oregon State Aeronautics Division or the Federal Aviation Administration.

G. Lattice, monopole, guyed or other freestanding support structures up to 70 feet in height shall have provisions that will allow for co-location of at least one additional user or wireless communication provider. Support structures exceeding 70 feet in height shall have provisions that will allow for co-location of at least two additional users or wireless communication providers.

H. A permittee shall cooperate with other wireless communication providers and others in co-locating additional antennas on support structures. A permittee shall exercise good faith in co-locating with other providers and sharing the permitted site, provided such shared use does not result in substantial technical impairment of the ability to provide the permitted use (i.e., a significant interference in broadcast or reception capabilities as opposed to a competitive conflict or financial burden). Good faith shall include sharing technical information sufficient to evaluate the feasibility of co-location.

In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the county may require a third party technical study at the expense of either or both the applicant and permittee.

I. Failure to comply with the co-location requirements of this section may result in the denial of a permit request or revocation of an existing permit.

J. Lattice, monopole, guyed or other freestanding support structure and equipment enclosure shall be removed by the facility owner or property owner within six months of the date it ceases to be operational. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1191 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.120.]

A farming operation may obtain a permit for a single agri-tourism or other commercial activity in a calendar year, subject to the following requirements:

A. The event or activity shall be incidental and subordinate to the existing farm use on the tract;

B. The event or activity may not begin before 6:00 a.m. or end after 10:00 p.m.;

C. The event or activity may not involve more than 100 attendees or 50 vehicles;

D. Sound amplification may not be used before 8:00 a.m. or after 8:00 p.m.;

E. The event or activity may not involve the construction or use of new permanent structure;

F. The event or activity must be located on a tract of at least 10 acres unless the owner or residents of adjoining properties consent in writing to the location;

G. The event or activity must comply with all health and fire and life safety requirements;

H. Any event or activity is personal to the applicant and is not transferable; and

I. The applicant and property owner shall sign an agreement that acknowledges the requirements of this section. [Ord. 1330 § 4 (Exh. A), 2013.]

A cider business may be established in the EFU, SA or FT zones subject to the following criteria:

A. As used in this section:

1. “Agri-tourism or other commercial events” includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of cider produced in conjunction with the cider business is a secondary purpose of the event.

2. “Cider” means an alcoholic beverage made from the fermentation of the juice of apples or pears. “Cider” includes but is not limited to flavored cider, sparkling cider and carbonated cider.

3. “Cider business” means a facility used primarily for the commercial production, shipping and distribution, wholesale or retail sales, tasting, crushing, making, blending, storage, bottling, administrative functions or warehousing of cider.

4. “Cidermaker” means a person who makes cider.

5. “On-site retail sale” includes the retail sale of cider in person at the cider business site, through a cider club or over the Internet or telephone.

6. “Orchard” means a piece of land planted with apple or pear trees.

B. A cider business may be established if the cider business produces:

1. Less than 100,000 gallons of cider annually and the cider business:

a  Owns an on-site orchard of at least 15 acres;

b. Owns a contiguous orchard of at least 15 acres;

c. Has a long-term contract for the purchase of all of the apples or pears from at least 15 acres of an orchard contiguous to the cider business; or

d. Obtains apples or pears from any combination of subsection (B)(1)(a), (b), or (c) of this section; or

2. At least 100,000 gallons of cider annually and the cider business:

a. Owns an on-site orchard of at least 40 acres;

b. Owns a contiguous orchard of at least 40 acres;

c. Has a long-term contract for the purchase of all of the apples or pears from at least 40 acres of an orchard contiguous to the cider business;

d. Owns an on-site orchard of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of orchards in Oregon that are located within 15 miles of the cider business site; or

e. Obtains apples or pears from any combination of subsection (B)(2)(a), (b), or (c) of this section.

C. In addition to any other activities authorized for a cider business, a cider business established under this section may:

1. Market cider produced in conjunction with the cider business.

2. Conduct operations that are directly related to the sale or marketing of cider produced in conjunction with the cider business, including:

a. Cider tastings in a tasting room or other location on the premises occupied by the cider business;

b. Cider club activities;

c. Cidermaker luncheons and dinners;

d. Cider business and orchard tours;

e. Meetings or business activities with cider business suppliers, distributors, wholesale customers and cider industry members;

f. Cider business staff activities;

g. Open house promotions of cider produced in conjunction with the cider business; and

h. Similar activities conducted for the primary purpose of promoting cider produced in conjunction with the cider business.

3. Market and sell items directly related to the sale or promotion of cider produced in conjunction with the cider business, the marketing and sale of which are incidental to on-site retail sale of cider, including food and beverages:

a. Required to be made available in conjunction with the consumption of cider on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

b. Served in conjunction with an activity authorized by subsection (C)(2), (4) or (5) of this section.

4. Carry out agri-tourism or other commercial events on the tract occupied by the cider business as provided for below.

5. Host charitable activities for which the cider business does not charge a facility rental fee.

6. Site a bed and breakfast as a home occupation on the same tract, and in association, with the cider business.

a. The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

b. The meals may be served at the bed and breakfast facility or at the cider business.

D. A cider business may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in this section. Food and beverage services authorized under this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

E. The gross income of the cider business from the sale of incidental items or services provided pursuant to subsections (C)(3) to (5) of this section may not exceed 25 percent of the gross income from the on-site retail sale of cider produced in conjunction with the cider business. The gross income of a cider business does not include income received by third parties unaffiliated with the cider business. At the request of the county, the cider business shall submit to the local government a written statement prepared by a certified public accountant that certifies the compliance of the cider business with this subsection for the previous tax year.

F. A cider business may carry out agri-tourism or other commercial events as provided for below:·

1. Events on the first six days of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multi-year license that:

a. Has a term of five years; and

b. Is subject to an administrative review to determine necessary conditions pursuant to subsection (H) of this section.

2. The local government’s decision on a license under subsection (F)(1) of this subsection is not:

a. A land use decision, as defined in ORS 197.015, and is not subject to review by the Land Use Board of Appeals.

b. A permit, as defined in ORS 215.402 or 227.160.

3. Events on days seven through 18 of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multi-year permit that:

a. Has a term of five years;

b. Is subject to an administrative review to determine necessary conditions pursuant to subsection (G) of this section; and

c. Is subject to notice as specified in ORS 215.416(11) or 227.175(10).

4. The local government’s decision on a permit under subsection (F)(3) of this section is:

a. A land use decision, as defined in ORS 197.015, and is subject to review by the Land Use Board of Appeals.

b. A permit, as defined in ORS 215.402 or 227.160.

G. Agri-tourism or other commercial events occurring as described in this section shall be subordinate to the production and sale of cider and not create significant adverse impacts to uses on surrounding land. The county may impose conditions on a license or permit issued for agri-tourism or other commercial events to ensure events do not create significant adverse impacts to uses. The conditions must be related to:

1. The number of event attendees;

2. The hours of event operation;

3. Access and parking;

4. Traffic management;

5. Noise management; and

6. Sanitation and solid waste.

H. A cider business operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the cider business is situated.

I. The cider business shall comply with:

1. Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

2. Regulations of general applicability for the public health and safety; and

3. Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.

J. For the purpose of limiting demonstrated conflicts with accepted farm and forest practices on adjacent lands, the cider business and all public gathering places shall be set back at least 100 feet from all property lines. The cider businesses shall provide direct road access and internal circulation for the cider business and all public gathering places. The setback may be reduced if it is determined, concurrently with any land use application or as provided in Chapter 17.116 MCC, that a lesser setback will meet the following review criteria:

1. The location of the site will have the least impact on nearby or adjoining forest or agricultural lands.

2. The location of the site ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized.

3. The amount of agricultural and forestlands used to site access roads, service corridors, and structures is minimized.

4. The risks associated with wildfire are minimized. [Ord. 1397 § 4 (Exh. B), 2019.]

A farm brewery may be established subject to the following criteria:

A. The following definitions apply to this section:

1. “Agri-tourism or other commercial events” includes outdoor concerts for which ad- mission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of malt beverages produced in conjunction with the farm brewery is a secondary purpose of the event.

2. “Brewer” means a person who makes malt beverages.

3. “Farm brewery” means a facility, located on or contiguous to a hop farm, used primarily for the commercial production, shipping and distribution, wholesale or retail sales, or tasting of malt beverages made with ingredients grown on the hop farm.

4. “Hop farm” means a tract of land planted with hops.

5. “Malt beverage” has the meaning given that term in ORS 471.001.

6. “On-site retail sale” includes the retail sale of malt beverages in person at the farm brewery site, through a club or over the internet or telephone.

B. A farm brewery may be established if the farm brewery:

1. Produces less than 150,000 barrels of malt beverages annually, inclusive of malt beverages produced by the farm brewery’s owners or operators at the farm brewery or elsewhere, through any entity owned or affiliated with the farm brewery;

2. Produces less than 15,000 barrels of malt beverages annually on the farm brewery site; and

a. Owns an on-site hop farm of at least 15 acres;

b. Owns a contiguous hop farm of at least 15 acres;

c. Has a long-term contract for the purchase of all of the hops from at least 15 acres of a hop farm contiguous to the farm brewery; or

d. Obtains hops from a total of 15 acres from any combination of sources described in this subsection.

3. For purposes of this subsection, land planted with other ingredients used in malt beverages produced by the farm brewery counts towards the acreage minimums.

C. In addition to any other activities authorized for a farm brewery, a farm brewery established under this section may:

1. Market malt beverages produced in conjunction with the farm brewery.

2. Conduct operations that are directly related to the sale or marketing of malt beverages produced in conjunction with the farm brewery, including:

a. Malt beverage tastings in a tasting room or other location on the premises occupied by the farm brewery;

b. Malt beverage club activities;

c. Brewer luncheons and dinners;

d. Farm brewery and hop farm tours;

e. Meetings or business activities with farm brewery suppliers, distributors, wholesale customers and malt beverage industry members;

f. Farm brewery staff activities;

g. Open house promotions of malt beverages produced in conjunction with the farm brewery; and

h. Similar activities conducted for the primary purpose of promoting malt beverages produced in conjunction with the farm brewery.

3. Market and sell items directly related to the sale or promotion of malt beverages produced in conjunction with the farm brewery, the marketing and sale of which is incidental to on-site retail sale of malt beverages, including food and beverages:

a. Required to be made available in conjunction with the consumption of malt beverages on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

b. Served in conjunction with an activity authorized by subsections (C)(2), (4) and/or (5) of this section.

4. Subject to this section, carry out agri-tourism or other commercial events on the tract occupied by the farm brewery.

5. Host charitable activities for which the farm brewery does not charge a facility rental fee.

6. Site a bed and breakfast as a home occupation on the same tract as, and in association with, the farm brewery.

D. A farm brewery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described above. Food and beverage services may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

E. The gross income of the farm brewery from the sale of incidental items or services may not exceed 25 percent of the gross income from the on-site retail sale of malt beverages produced in conjunction with the farm brewery. The gross income of a farm brewery does not include income received by third parties unaffiliated with the farm brewery. At the request of a local government with land use jurisdiction over the site of a farm brewery, the farm brewery shall submit to the local government a written statement prepared by a certified public accountant that certifies the compliance of the farm brewery with this subsection for the previous tax year.

F. A farm brewery in the Willamette Valley may carry out agri-tourism or other commercial events, provided:

1. Events on the first six days of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multiyear license that: has a term of five years; and is subject to an administrative review to determine necessary conditions pursuant to this section.

2. The local government’s decision on a license under subsection (F)(1) of this section is not a land use decision, as defined in ORS 197.015, and is not subject to review by the Land Use Board of Appeals nor a permit as defined in ORS 215.402 or 227.160.

3. Events on days seven through 18 of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multiyear permit that has a term of five years; is subject to an administrative review to determine necessary conditions pursuant to this section; and is subject to notice as specified in ORS 215.416(11) or 227.175(10).

4. The local government’s decision on a permit under subsection (F)(2) of this section is: a land use decision as defined in ORS 197.015, is subject to review by the Land Use Board of Appeals, and is a permit as defined in ORS 215.402 or 227.160.

G. A local government with land use jurisdiction over the site of a farm brewery shall ensure that agri-tourism or other commercial events are subordinate to the production and sale of malt beverages and do not create significant adverse impacts to uses on surrounding land. A local government may impose conditions on a license or permit issued pursuant to this section as necessary to meet the requirements of this subsection. The conditions must be related to:

1. The number of event attendees;

2. The hours of event operation;

3. Access and parking;

4. Traffic management;

5. Noise management; and

6. Sanitation and solid waste.

H. A local government may charge a fee for processing a license or permit under this section. The fee may not exceed the actual or average cost of providing the applicable licensing or permitting service.

I. When a bed and breakfast facility is sited as a home occupation on the same tract as a farm brewery:

1. The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

2. The meals may be served at the bed and breakfast facility or at the farm brewery.

J. A farm brewery operating under this section shall provide parking for all activities or uses of the tract on which the farm brewery is situated.

K. A local government with land use jurisdiction over the site of a farm brewery shall ensure that the farm brewery complies with:

1. Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

2. Regulations of general applicability for the public health and safety; and

3. Regulations for resource protection acknowledged to comply with any statewide goal relating to open spaces, scenic and historic areas and natural resources.

L. For the purpose of limiting demonstrated conflicts with accepted farm and forest practices on adjacent lands, a local government with land use jurisdiction over the site of a farm brewery shall:

1. Establish a setback of at least 100 feet from all property lines for the farm brewery and all public gathering places. A reduction in the 100-foot setback may be granted through the adjustment process in Chapter 17.116 MCC.

2. Require farm breweries to provide direct road access and internal circulation for the farm brewery and all public gathering places. [Ord. 1454 § 4 (Exh. B), 2023.]

The following uses, facilities and activities, whether primary, accessory, secondary or temporary, are permitted in all zones subject to compliance with the requirements in Chapters 17.110, 17.112, 17.113, 17.114, 17.116, 17.117, 17.118, 17.120, 17.121, 17.176, 17.177, 17.178, 17.179, and 17.191 MCC, except when specifically prohibited or when a conditional use is required in the applicable primary or overlay zones:

A. Public rights-of-way and easements existing at the time of adoption of this title, including public streets, roads and utilities located therein, except as provided in SA, EFU, FT and TC zones.

B. Except in SA, EFU, FT and TC zones, expansion and realignment of existing rights-of-way and easements, including improvement and construction of streets, roads and utilities in conformance with the applicable comprehensive plan and the standards of the department of public works. Street rights-of-way shall not be expanded to a greater width than twice the special setback in Chapter 17.112 MCC unless the expansion is necessary to include cut-and-fill slopes and turn lanes at intersections.

C. Except in SA, EFU, FT and TC zones, establishment of new public rights-of-way and easements, including construction of streets, roads and utilities in conformance with the applicable comprehensive plan, the standards of the department of public works, and Chapter 17.172 MCC, Subdivision and Partition Requirements. Street rights-of-way shall not be greater in width than twice the special setback in Chapter 17.112 MCC unless the greater width is necessary to include cut-and-fill slopes and turn lanes at intersections.

D. Railroad tracks and related structures and facilities located within existing rights-of-way controlled by railroad companies. Also, except in SA, EFU, FT and TC zones, expansion and realignment of railroad rights-of-way. Railroad rights-of-way shall not be greater in width than necessary to accommodate rail supporting structure and drainage facilities.

E. Use of nongeothermal groundwater, natural or manmade waterways and impoundments, and related structures and facilities for supply associated with permitted uses.

F. Creation, restoration, or enhancement of wetlands as defined in ORS 197.015(17).

G. Condominium buildings. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 950 § 4, 1993. RZ Ord. § 126.010.]

The following secondary and accessory uses and structures shall be permitted on a lot or parcel with a primary use and are subject to the limitations and requirements in Chapters 17.110, 17.112, 17.113, 17.114, 17.116, 17.117, 17.118, 17.120 and 17.121 MCC, and the requirements in any applicable overlay zone:

A. The following accessory structures and uses are permitted on a lot in any zone in conjunction with a permitted dwelling unit or mobile home:

1. Decks and patios (open, covered, or enclosed);

2. Storage building for: firewood, equipment used in conjunction with dwelling and yard maintenance, personal property (except vehicles) not in conjunction with any commercial or industrial business other than a home occupation;

3. Vegetable gardens, orchards and crop cultivation for personal use, including greenhouses. No sale of produce is permitted;

4. Sauna;

5. Hobby shop;

6. Shelter for pets;

7. Fallout shelters;

8. Swimming pools and hot tubs;

9. Guest facilities not in a primary dwelling unit, provided:

a. Only one guest facility is allowed per contiguous property ownership; and

b. Total combined maximum floor area shall not exceed 600 square feet, including all levels and basement floor areas; and

c. No stove top, range, or conventional oven is allowed; and

d. All water, sewer, electricity and natural gas services for the guest facility shall be extended from the primary dwelling services; no separate meters for the guest facility shall be allowed; and

e. The guest facility shall be located within 100 feet of the primary use dwelling on the same property, measured from the closest portion of each structure; and

f. The guest facility shall use the same septic system as the primary use dwelling, except when a separate system is required by the building inspection division due to site constraints, or failure of the existing system, or where the size or condition of the existing system precludes its use, additional drain lines may be added to an existing system, when appropriate; and

g. The guest facility shall not be occupied as a dwelling unit; and

h. The guest facility shall not have an address; and

i. A declaratory statement shall be recorded requiring compliance with the standards in this subsection;

10. Rooming or boarding of up to two persons in a dwelling unit;

11. Pets, provided a conditional use permit is required in the RS and AR zones if there are more than 10 mammals over four months old. No birds or furbearing animals, other than pets, and no livestock, or poultry, are permitted in RS zones;

12. Beekeeping as outlined in MCC Title 6 (Animals);

13. One recreational vehicle space subject to the requirements in MCC 17.126.040;

14. One additional kitchen in a single-family dwelling, subject to the filing of a declaratory statement;

15. Offering to sell five or less vehicles owned by the occupants of the dwelling unit in any calendar year;

16. Garages and carports for covered vehicle parking;

17. Child foster home;

18. Residential home* (see MCC 17.110.190(C));

19. Sleeping quarters for domestic employees of the resident of the dwelling unit or mobile home;

20. Bed and breakfast establishments in AR zones, provided they do not include more than four lodging rooms and may employ no more than two persons (“person” includes volunteers, nonresident employees, partners or any other person);

21. Ham radio facilities;

22. In EFU, SA, FT and TC zones, a home office, provided:

a. The home office shall be carried on solely by the resident or residents of a dwelling on the subject property as an accessory use. No other persons shall be employed by the business.

b. The home office shall be continuously conducted in such a manner as not to create any public or private nuisance, including, but not limited to, offensive noise, odors, vibration, fumes, smoke, fire hazard, or electronic, electrical, or electromagnetic interference. In a residential zone noise associated with the home office shall not violate Department of Environmental Quality or Chapter 8.45 MCC, Noise.

c. No sign or display on the premises is allowed that will indicate the presence of the home office.

d. The home office shall be conducted entirely within the dwelling or attached garage. There shall be no outside storage or display of materials, equipment, or merchandise used in, or produced in connection with, the home office.

e. No structural alterations shall be made to the dwelling or garage that would be inconsistent with future use of the building exclusively as a dwelling.

f. No visits by suppliers shall occur.

g. No customers or clients shall visit the property in the course of doing business.

B. Fences are a permitted accessory or secondary use in all zones subject to the requirements in Chapter 17.117 MCC.

C. Transit stop shelters and school bus stop shelters are a permitted secondary use in all zones. Shelters shall not be located within a required vision clearance area.

D. Parking of vehicles in a structure or outdoors is a permitted accessory use in conjunction with a dwelling in any zone, provided:

1. The vehicles are owned by the occupant of the lot or domestic employees of the occupant; and

2. Vehicles parked outdoors in a residential zone may be parked in a space within the front yard meeting the requirements for required parking in Chapter 17.118 MCC; or, they may be parked elsewhere on the lot where accessory buildings are permitted, provided the parking area is screened by a six-foot-high sight-obscuring fence, wall or hedge if the vehicle is parked within 100 feet of another lot in a residential zone. On a lot in the RS zone not more than three vehicles shall be parked within required yards adjacent to streets; and

3. Vehicles parked on a lot or parcel shall be for the personal use of the occupants of the dwelling and the personal use of employees of an approved conditional use home occupation.

a. One vehicle used in conjunction with a home occupation and one vehicle used in other employment may be parked on the lot;

b. In the RS zone any vehicle that is rated at more than one ton capacity shall be parked in an enclosed structure.

E. Portable classrooms and dormitories for students are a permitted accessory use in conjunction with elementary and secondary schools (as defined in Chapter 17.110 MCC).

F. Except in SA, EFU, FT and TC zones, a parsonage in conjunction with a religious organization.

G. Parking of vehicles in a structure or outdoors is a permitted accessory or secondary use in the CC, C, IUC, ID and I zones, provided:

1. The vehicles are owned by the occupant of the lot;

2. If vehicles are stored outdoors, the parking area shall be an all-weather surface, and be enclosed by a six-foot-high sight-obscuring fence, wall, hedge or berm; and

3. If vehicles are parked outdoors, the vehicles shall be operational, and used in conjunction with the primary use of the lot. If more than five vehicles are parked outdoors on the lot the parking area shall be screened by a six-foot-high sight-obscuring fence, wall or hedge if located within 100 feet of a lot in a residential zone and from streets.

H. Drop stations are permitted in CC, C, IUC, and I zones.

I. Retail sales or offices in a building in conjunction with a use in an industrial zone, provided:

1. The floor area of the retail sales or offices shall not be more than 30 percent of the floor area of the industrial use;

2. The development requirements are met for the accessory use as if it was a primary use; and

3. The accessory use shall be located on the same lot as the primary use and the building shall be owned or leased by the industrial business owner.

J. Except in SA, EFU, FT and TC zones, accessory and secondary uses not otherwise permitted may be allowed as a conditional use, provided the use is consistent with the definition of accessory or secondary and is compatible with the purpose of the zone and land uses on adjacent lots.

K. Private energy generating facilities (such as wind turbines, solar power panels, fuel cells, and hydropower facilities) are permitted in all zones as an accessory use, provided:

1. Generates energy using means such as solar power, wind power, fuel cells, hydroelectric power, landfill gas, digester gas, waste, dedicated energy crops available on a renewable basis or low-emission, nontoxic biomass based on solid organic fuels from wood, forest or field residues but not including the production of biofuel as authorized by ORS 215.203(2)(b)(K) in all zones which allow “farm use” and ORS 215.283(1)(r) in the exclusive farm use zone;

2. Is intended to offset part of the customer-generator’s requirements for energy;

3. Will operate in parallel with a utility’s existing transmission and distribution facilities;

4. Is consistent with generating capacity as specified in ORS 757.300 and/or OAR 860-039-0010 as well as any other applicable regulations;

5. Is located on the same tract as the use(s) to which it is accessory and the power generating facility, tract, and use(s) are all under common ownership and management.

L. In addition to the use permitted in subsection (K) of this section, a solar photovoltaic energy system or solar thermal energy system is permitted on residential and commercial structures, provided:

1. The installation of the system will not increase the footprint of the structure or peak height of the portion of the roof on which the system is installed; and

2. The system will be mounted so that the plane of the system is parallel to the slope of the roof; and

3. Installations on historic buildings or landmarks, on buildings in a historic district, on conversation landmarks, or on buildings located in an area designated as a significant scenic resource shall be constructed of material designated as either anti-reflective or less than 11 percent reflective. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1408 § 4 (Exh. A), 2019; Ord. 1397 § 4 (Exh. B), 2019; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1204 § 4, 2004; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 950 § 4, 1993. RZ Ord. § 126.020.]

The following temporary uses shall be permitted subject to the following limitations and requirements and the requirements in applicable overlay zones:

A. Storage of a mobile home on a lot for not more than one year, unless extensions are granted, where the mobile home is or has been a permitted use and the mobile home is offered for sale. The mobile home shall not be used for sleeping, eating or restroom purposes.

B. Garage sales and yard sales in any zone in conjunction with a dwelling, and auctions in commercial and industrial zones, provided there are not more than three sales in a calendar year with each sale not to exceed three consecutive days. All display of merchandise to remain on private property.

C. Except as provided for in MCC 17.178.050(F), one recreational vehicle space on a lot or parcel without a dwelling in the AR, SA, FT and TC zones subject to the requirements in MCC 17.126.040, except subsections (B) and (C). In addition, the space shall:

1. Not be occupied for more than 120 days in any calendar year; and

2. Satisfy all development standards and requirements applied to a non-resource-related dwelling in the applicable zone.

D. A real estate sales office in a subdivision or planned community containing more than 50 lots or dwelling units for sale or lots or dwelling units that remain available for sale to the public.

E. Temporary uses that do not meet the limitations identified in this section and other temporary uses not addressed herein may be approved as a conditional use as provided in Chapter 17.119 MCC subject to meeting the following criteria:

1. The temporary use is compatible with the purpose of the zone and adjacent land uses.

2. The temporary use will have adequate public services to maintain the public health and safety.

3. The operator of the temporary use has signed an agreement with the planning division regarding termination of the use consistent with the time limitations established in the conditions of approval.

F. Mobile asphalt batching plant provided:

1. The use is for a single paving project and the use will not exceed 90 days; and

2. The use will not involve permanent installations or structures, will not leave any residue on the property, involves no change in the land or buildings and makes no permanent impact on the surrounding area. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 950 § 4, 1993. RZ Ord. § 126.030.]

Recreational vehicle spaces shall meet the following use and development standards. Long-term storage of a recreational vehicle must comply with the requirements for accessory uses and structures.

A. The space shall have an all-weather surface and be drained to prevent standing water.

B. The space shall not be located closer than 10 feet to any other spaces, any building, dwelling, mobile home, street or roadway boundary and not closer than 10 feet to any property line.

C. If the space is occupied by an occupied recreational vehicle for more than 120 days in any calendar year, the space shall be located in a mobile home park or recreational vehicle park.

D. The space shall not be located in any required off-street parking space or required yard areas.

E. Unless located in a recreational vehicle park no permanent electrical or gas connections are permitted.

F. Unless located in a recreational vehicle park the space shall not be rented or leased for consideration. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 950 § 4, 1993. RZ Ord. § 126.040.]

The co-location of additional antennas and the addition of cabinets and other facility equipment to an existing wireless communication facility is permitted in the EFU, SA, TC, FT, I, ID and P zones, provided:

A. The existing tower previously received land use approval or is permitted outright; and

B. The additional antennas do not increase the height of the tower beyond the approved height; and

C. The co-location is consistent with conditions of approval applied to the existing facility. [Ord. 1326 § 4 (Exh. A), 2012.]

The purpose and intent of the acreage residential zone is to provide appropriate regulations governing the division and development of lands designated rural residential in the Marion County Comprehensive Plan. Acreage residential zones are areas that are suitable for development of acreage homesites. Such areas are necessary to meet the housing needs of a segment of the population desiring the advantages of a rural homesite. It is the intent that residential sites be provided with adequate water supply and wastewater disposal without exceeding the environmental and public service capability of the area or compromising the rural character of the area. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1168 § 5, 2002; Ord. 1125 § 7, 2000. RZ Ord. § 128.010.]

Within an AR (acreage residential) zone no building, structure or premises shall be used or arranged except for the following purposes:

A. Single-family dwelling.

B. Farm use, including the sale of produce that is raised on the premises, but not including a medical marijuana processor (see MCC 17.110.376), medical marijuana producer (see MCC 17.110.378), or a medical marijuana dispensary (see MCC 17.110.374).

C. Planned developments.

D. Playgrounds and parks operated by governmental agencies.

E. Public and private utility facilities and public buildings such as fire stations, sheriff and police substations.

F. Creation, restoration, or enhancement of wetlands as defined in ORS Chapter 197.

G. Limited home occupations (see limited use, MCC 17.125.100).

H. Wireless communication facilities, attached subject to MCC 17.125.110 and pursuant to MCC 17.115.110.

I. Religious organizations and expansions of existing religious organizations where the religious organization or the expanded religious organization will be less than 20,000 square feet in total area.

J. Replacement of a lawfully established dwelling, subject to the special siting standards in MCC 17.128.050(B), when the dwelling:

1. Is a manufactured dwelling, mobile home, or manufactured home, the replaced dwelling shall be removed or demolished within 90 days of the occupancy of the replacement dwelling.

2. Is a site-built dwelling, the replaced dwelling shall be removed, demolished or converted to an allowable nonresidential use within 90 days of the occupancy of the replacement dwelling.

3. A dwelling constructed between 1850 and 1945 on a parcel at least two acres in size outside of any area designated as an urban reserve may remain on the parcel as an accessory dwelling unit if replaced by a new single-family dwelling on the parcel subject to the following conditions:

a. The property owner shall obtain all required permits from Marion County building inspection to convert the existing residence to an accessory dwelling unit upon completion of the new single-family dwelling, including permits for sanitation and wastewater disposal and treatment.

b. The land containing the accessory dwelling cannot be divided from the land containing the new single-family dwelling.

c. The accessory dwelling unit cannot be renovated or remodeled so that the square footage of the accessory dwelling unit is more than 120 percent of the historic home’s square footage at the time construction of the new single-family dwelling commenced.

d. The accessory dwelling cannot be rebuilt if the structure is lost to fire.

e. The property owner shall record a declaratory statement acknowledging compliance with the conditions in subsections (J)(3)(b), (c) and (d) of this section.

K. One accessory dwelling unit on a lot or parcel with an existing single-family dwelling subject to the following:

1. The property where the accessory dwelling unit will be located shall:

a. Be at least two acres in size.

b. Not be located within an urban reserve.

c. Not be located within a designated area of critical state concern for water.

d. Not be located in an area in which new or existing ground water uses have been restricted by the Water Resources Commission.

2. The accessory dwelling unit shall:

a. Have a maximum of 900 square feet of living space.

b. Be located within 100 feet of the primary dwelling.

c. Meet the special siting setbacks in MCC 17.128.050.

d. Obtain all necessary building permits and meet the construction provisions of the Oregon Residential Specialty Code wildfire hazard mitigation section.

e. Obtain all necessary septic disposal permits.

f. Meet local fire district standards for access, evacuation, and defensible space. The property owner shall indicate an evacuation and staged evacuation areas on the site plan for the accessory dwelling unit.

g. Not be used for vacation occupancy as other than a primary residence for a person or persons and shall not be rented for periods of less than 45 days.

h. Not be divided off from the primary dwelling on the property.

i. If located on a property in the Marion County sensitive ground overlay, the ADU shall be connected to a 1,000-gallon water storage tank for use in conjunction with the primary well serving the ADU on the property.

j. The property owner shall record a declaratory agreement demonstrating the intent to continuously comply with the standards in this subsection. [Ord. 1458 § 4 (Exh. B), 2023; Ord. 1397 § 4 (Exh. B), 2019; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1168 § 5, 2002; Ord. 1125 § 7, 2000. RZ Ord. § 128.020.]

The following uses may be permitted subject to obtaining a conditional use permit:

A. Kennels.

B. Temporary use of a mobile home or recreational vehicle during certain hardship conditions, subject to MCC 17.120.040.

C. Day nursery.

D. Commercial uses in conjunction with farm use subject to MCC 17.128.045.

E. Religious organizations and expansions not qualifying under MCC 17.128.020(I), and related conference and residence facilities.

F. Schools, elementary and secondary (as defined in Chapter 17.110 MCC).

G. Conditional home occupation (other than those home occupations listed in MCC 17.125.100) (see specific conditional uses, MCC 17.120.075).

H. Wireless communications facilities (see specific conditional uses, MCC 17.120.080). [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1168 § 5, 2002; Ord. 1125 § 7, 2000. RZ Ord. § 128.030.]

The following criteria apply to all conditional uses in the AR zone:

A. The conditional use as described by the applicant will be in harmony with the purpose and intent of the zone.

B. The use will not increase traffic beyond the capacity of existing roads.

C. Adequate fire protection and other rural services are, or will be, available when the use is established.

D. The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality.

E. Any noise associated with the use will not have a significant adverse impact on nearby land uses.

F. The use will not have a significant adverse impact on potential water impoundments identified in the Comprehensive Plan, and not create significant conflicts with operations included in the Comprehensive Plan inventory of significant mineral and aggregate sites. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1168 § 5, 2002; Ord. 1125 § 7, 2000. RZ Ord. § 128.040.]

A. The commercial activity must be primarily a customer or supplier of farm uses.

B. The commercial activity must enhance the farming enterprises of the local agricultural community to which the land hosting that commercial activity relates.

C. The agricultural and commercial activities must occur together in the local community to satisfy the statute.

D. The products and services provided must be essential to the practice of agriculture. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1168 § 5, 2002. RZ Ord. § 128.045.]

A. Any new dwelling in an AR zone shall be required to maintain a special setback from any parcel in the EFU, SA, FT, or TC zones. A 100-foot setback is the standard adjacent to farm use and 200 feet is the standard adjacent to forest uses. These setbacks may be reduced if it is determined, concurrently with any land use application or as provided in Chapter 17.116 MCC, that a lesser setback will meet the following review criteria for alternative home sites:

1. The location of the home site will have the least impact on nearby or adjoining forest or agricultural lands.

2. The location of the home site ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized.

3. The amount of agricultural and forestlands used to site access roads, service corridors, the dwelling and structures is minimized.

4. The risks associated with wildfire are minimized.

B. The owner of a proposed dwelling to be located within 500 feet of the EFU, SA, FT, or TC zones shall be required to concur in the filing of the declaratory statement prescribed in the respective resource zone.

C. The owner of a proposed dwelling located on a parcel adjacent to the FT or TC zone shall, as a condition of approval, be required to provide for fire hazard management in accordance with Chapter 3 of “Fire Safety Considerations for Developments in Forested Areas, 1978” and any revisions thereto.

D. The special setback in subsection (A) of this section shall not be applied in a manner that prohibits dwellings approved pursuant to ORS 195.300 through 195.336 nor should the special setback in subsection (A) of this section prohibit a claimant’s application for homesites under ORS 195.300 through 195.336. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1168 § 5, 2002; Ord. 1125 § 7, 2000. RZ Ord. § 128.050.]

The following standards apply to development in an AR zone:

A. Maximum Height.

1. Dwellings: 35 feet.

2. Farm-related structures on farm parcels: none.

3. Nonresidential and non-farm structures: 35 feet unless they are in conjunction with conditional uses allowed in MCC 17.128.030, and a greater height is requested and approved as part of the conditional use permit.

B. Minimum Setbacks. Except as required in MCC 17.128.050(A), the following setback requirements shall be implemented for all new structures other than residential accessory structures (see Chapter 17.117 MCC), farm-exempt buildings, signs and fences:

1. Rear Yard. A minimum of 20 feet.

2. Side Yard. A minimum of 10 feet, except for lots or parcels of one-half acre or smaller created prior to January 1, 1994, in which case the side yard setback shall be five feet. In the case of a corner lot any side yard adjacent to a street shall be not less than 20 feet.

3. Front Yard. A minimum of 20 feet. When by ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply (See Chapter 17.112 MCC). [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1168 § 5, 2002; Ord. 1125 § 7, 2000. RZ Ord. § 128.060.]

The minimum lot size for subdivisions and partitioning is two acres. When a numerical suffix has been applied to the AR zone, the minimum lot size shall conform to the numerical designation. The minimum lot size shall also apply to planned developments. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1168 § 5, 2002; Ord. 1125 § 7, 2000. RZ Ord. § 128.070.]

Within an RS (single-family residential) zone no building, structure or premises shall be used, arranged or designed to be used, erected, structurally altered, or enlarged except for one or more of the following uses:

A. Single-family dwelling;

B. Playgrounds, parks;

C. Public buildings and structures, such as libraries or fire stations;

D. Public utility structures and buildings such as pump stations and reservoirs, electric substations, when they comply with all yard and setback requirements;

E. Limited home occupations (see limited use, MCC 17.125.100);

F. Subdivision or planned development pre-cutting and assembly facility (see limited use, MCC 17.125.020);

G. Subdivision or planned development sales office or development office (see limited use, MCC 17.126.030);

H. Mobile home (see limited use, MCC 17.125.050);

I. Wireless communication facilities, attached subject to MCC 17.125.110 and pursuant to MCC 17.115.110. [Ord. 1326 § 4 (Exh. A), 2012; Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 963 § 5, 1994; Ord. 950 § 5, 1993; Ord. 882 § 5, 1990; Ord. 516 § 2, 1978. RZ Ord. § 131.010.]

Transitional uses shall be permitted in an RS zone where the side of a lot abuts upon any business zone or industrial district; provided, that such transitional use does not extend across a street or alley and in no case more than 165 feet from the boundary of the less restricted zone which it adjoins, as follows:

A. Two-family dwelling (duplex) on a lot of 7,000 square feet or more;

B. Public and Semi-Public Uses, Buildings and Structures.

1. Churches;

2. Community or neighborhood club buildings, including swimming pools and other allied facilities, when erected by a nonprofit community club for the improvement of the zone or social recreation of the members;

C. Other Main Uses.

1. Public automobile parking areas when located and developed as prescribed in Chapter 17.118 MCC;

2. Outdoor plant nursery;

3. Privately operated kindergartens or day nurseries, provided the residential character of the building is unchanged. [Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 131.020.]

When authorized under the procedure provided for conditional uses in this title, the following uses will be permitted in an RS zone:

A. Public and Semi-Public Buildings and Structures.

1. Churches;

2. Community or neighborhood club buildings, swimming pools and other allied facilities, when erected by a nonprofit community club for the improvement of the zone or social recreation of the members;

3. Radio and TV facilities without antennas and support structures;

4. Schools, elementary and secondary (as defined in Chapter 17.110 MCC).

B. Dwellings.

1. Two-family dwellings (duplexes) on a corner lot of 7,000 square feet or more (see specific conditional uses, MCC 17.120.020);

C. Miscellaneous Uses.

1. Privately operated kindergartens or day nurseries provided the residential character of the building is unchanged;

2. Beauty shop where no assistants are employed;

D. Planned development;

E. Boat, camper and trailer storage area or lot (see specific conditional uses, MCC 17.120.030);

F. Temporary use of mobile homes during certain hardship conditions (see specific conditional uses, MCC 17.120.040);

G. Solid waste disposal sites (see specific conditional uses, MCC 17.120.310 through 17.120.380;

H. Conditional home occupation (other than those home occupations listed in MCC 17.125.100) (see specific conditional uses, MCC 17.120.075).

I. Group care home. [Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 925 § 6, 1992; Ord. 516 § 2, 1978; Ord. 417, 1975. RZ Ord. § 131.030.]

In any RS zone, no building or structure shall exceed 35 feet or two and one-half stories in height except that churches and public and semi-public buildings where permitted may, when approved by the planning commission or hearings officer, be built to a height of 70 feet or six stories provided any such building sets back from every street and lot line one foot for each foot of height of the building in excess of 35 feet in addition to other yard setback requirements herein specified. [Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 131.040.]

A. There shall be a rear yard on every lot in the RS zone, which rear yard shall have a minimum depth of 24 feet for a one-story building, 30 feet for a two-story building, and 36 feet for a two-and-one-half-story building. In the case of a corner lot, the minimum depth shall be 14 feet for a one-story building, 20 feet for a two-story building, and 26 feet for a two-and-one-half-story building and the rear yard may be provided adjacent to either interior lot line; provided, however, any rear yard provided adjacent to a street shall conform to the setback set forth in MCC 17.113.080.

B. In lieu of subsection (A) of this section, in the event that the building is at an angle to the rear lot line or has offsets, the rear yard depth may be averaged providing that no point is less than 20 feet, 25 feet, or 30 feet for one-, two-, and two-and-one-half-story buildings, respectively. [Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 131.050.]

There shall be a side yard on each side of the main building on every lot in an RS zone in width not less than five feet for a one-story building, not less than six feet for a two-and-one-half-story building; provided, however, any side yard provided adjacent to a street shall conform to the setback set forth in MCC 17.113.080. [Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 131.060.]

Every building erected, constructed or altered in an RS zone shall conform to the front yard setback set forth in MCC 17.113.080. When, by this title or any other ordinance, a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply. [Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 131.070.]

In an RS zone the minimum requirements for lot area shall be 6,000 square feet for each dwelling, 7,000 square feet for each legally established two-family dwelling, and every lot shall have a minimum width of 60 feet at the front building line. No dwelling or main building other than a dwelling shall occupy more than 30 percent of the lot area except where an accessory building is attached to or made a part of the dwelling or main building in which case 35 percent of the lot area may be occupied by such dwelling or main building. The minimum lot area requirements for buildings other than dwellings shall be of an area not less than the sum of the area occupied by the building or buildings and the area required for yards herein or 6,000 square feet, whichever is greater. [Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 131.080.]

Within any RM (multifamily residential) zone no building, structure, or premises shall be used, arranged or designed to be used, erected, structurally altered or enlarged, except for one or more of the following uses:

A. Detached single-family dwelling on a lot.

B. Duplex, multiple-family dwelling.

C. Combination of permitted attached or detached dwellings on a lot.

D. Child care home or facility.

E. Group care home.

F. Residential home or facility.

G. Nursing home.

H. Rooming house.

I. Religious organization.

J. Membership organization.

K. Any apartment or boarding house housing more than 25 families may have therein a newsstand, barber shop, beauty parlor, food shop, and dining rooms when conducted and entered only from within the building.

L. Beauty shop, where no assistants are employed.

M. A private garage or parking area for not more than three motor vehicles for each dwelling unit on the same lot with or within the dwelling to which it is accessory and in which garage no business or industry is conducted.

N. Radio and TV facilities without antennas and support structures.

O. Playgrounds, parks.

P. Public buildings and structures, such as libraries or fire stations.

Q. Public utility structures and buildings such as pump stations and reservoirs, electric substations, when they comply with all yard and setback requirements.

R. Subdivision or planned development pre-cutting and assembly facility (see limited use, MCC 17.125.020).

S. Subdivision or planned development sales office or development office (see limited use, MCC 17.126.030).

T. Mobile home (see limited use, MCC 17.125.050).

U. Limited home occupations (see limited use, MCC 17.125.100).

V. Wireless communications facilities, attached subject to MCC 17.125.110 and pursuant to MCC 17.115.110. [Ord. 1326 § 4 (Exh. A), 2012; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 134.010.]

Transitional uses shall be permitted in an RM zone where the side of a lot abuts upon any business zone or industrial zone; provided, that such transitional use does not extend across a street or alley and in no case more than 165 feet from the boundary of the less restricted zone which it adjoins, as follows:

A. Public parking areas when developed as prescribed in Chapter 17.118 MCC;

B. Outdoor plant nursery. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 134.020.]

When authorized under the procedure provided for conditional uses in this title, the following uses will be permitted in an RM zone:

A. Planned development;

B. Mobile home parks;

C. Boat, camper and trailer storage area or lot (see specific conditional uses, MCC 17.120.030);

D. Schools, elementary and secondary (as defined in Chapter 17.110 MCC);

E. Educational institution as defined in MCC 17.110.210, and including those in SIC 822;

F. Fraternal or lodge buildings;

G. Temporary use of mobile home during certain hardship conditions (see specific conditional uses, MCC 17.120.040);

H. Solid waste disposal sites (see specific conditional uses, MCC 17.120.310 through 17.120.380);

I. Conditional home occupation (other than those home occupations listed in MCC 17.125.100) (see specific conditional uses, MCC 17.120.075). [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 925 § 6, 1992; Ord. 516 § 2, 1978. RZ Ord. § 134.030.]

In an RM zone, no building or structure shall exceed 35 feet or two and one-half stories in height, except that religious organization and public and semi-public buildings, where permitted, may be built to a height not to exceed 70 feet or six stories, provided any such building sets back from every street and lot line one foot for each foot of height of the building in excess of 35 feet, in addition to other yard and setback requirements herein specified. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 134.040.]

A. There shall be a side yard and a rear yard on every lot in an RM zone, which yards shall have a minimum depth as follows:

1. One story: six feet.

2. Two stories: seven feet.

3. Two and one-half stories: eight feet.

Provided there shall be added to the side yard and rear yard minimum requirements aforesaid, one foot for each multiple of 15 feet or portion thereof that the length of that side of the building measures over 30 feet. Notwithstanding MCC 17.110.610 the rear yard in an RM zone shall be measured from the property line.

B. In lieu of subsection (A) of this section, side and rear yards may be provided which will allow placement of portions of a main building with offsets and jogs at varying yard depths, provided the said yards shall conform to the following conditions:

1. The minimum yard depth for any continuous wall between offsets and jogs shall be computed and provided as in subsection (A) of this section for that portion of the wall between offsets and jogs; provided the total yard area equals that which would have been otherwise provided in subsection (A) of this section, which area shall be determined by multiplying the length of the yard times the depth of the yard.

2. The minimum yard depth for any portion of a building shall be six feet for a one story, seven feet for two-story, and eight feet for a two-and-one-half-story building.

C. Notwithstanding the provisions of subsections (A) and (B) of this section any side or rear yard adjacent to a street shall have a minimum yard depth of 20 feet. No parking shall be allowed within 10 feet of the street property line; provided, however, in no case shall parking be allowed in a required rear yard abutting the parallel or approximately parallel street of a through lot. For the purposes of this subsection, “through lot” shall be defined as a lot having frontage on two parallel or approximately parallel streets.

D. The yard depth between two or more main buildings on the same lot shall be equal to that side yard depth measured to an assumed property line drawn between the buildings. The yard depth between the assumed property line and the building shall be not less than as provided in subsection (A) of this section. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 134.050.]

In an RM zone, there shall be a minimum front yard of 20 feet. No parking shall be allowed in the required minimum front yard. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 134.060.]

A. In an RM zone the following landscaped yard shall be provided for residential uses other than single- and two-family dwellings:

1. For each dwelling unit with one or fewer bedrooms: 300 square feet;

2. For each dwelling unit with two bedrooms: 400 square feet;

3. For each dwelling unit with three bedrooms: 500 square feet;

4. For each dwelling unit with more than three bedrooms: 500 square feet plus 100 square feet for each additional bedroom in each unit.

B. In an RM zone all required yards adjacent to a street shall be landscaped, save that portion devoted to off-street parking. Such landscaping may be counted in fulfilling the requirements of subsection (A) of this section. [Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 134.070.]

In an RM zone the minimum requirements for lot area shall be 6,000 square feet for a single-family dwelling. The minimum lot area requirements for other residential uses shall be 5,000 square feet additional lot area computed as follows:

A. For the first through fifth unit:

1. For each dwelling unit with one or fewer bedrooms: 750 square feet;

2. For each dwelling unit with two bedrooms: 1,000 square feet;

3. For each dwelling unit with three or more bedrooms: 1,200 square feet.

B. For sixth dwelling unit and each succeeding dwelling unit, the following additional lot area shall be required:

1. For each dwelling unit with one or fewer bedrooms:

a. One-story: 1,250 square feet;

b. Two-story: 1,000 square feet.

2. For each dwelling unit with two bedrooms:

a. One-story: 1,675 square feet;

b. Two-story: 1,300 square feet.

3. For each dwelling unit with three or more bedrooms:

a. One-story: 2,150 square feet;

b. Two-story: 1,700 square feet.

C. No main building or group of main buildings shall occupy more than 40 percent of the lot area, and no detached accessory structure may occupy more than 25 percent of any side or rear yard, except that covered or enclosed parking structures limited to one story in height shall be excluded from these coverage provisions.

D. Every lot in an RM zone shall have a minimum width of 50 feet at the front building line. The minimum lot area requirements for buildings other than dwellings shall be of an area not less than the sum of the area occupied by the building or buildings and the area required for yards herein, or 5,000 square feet, whichever is greater.

[Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1055 § 4, 1997; Ord. 516 § 2, 1978. RZ Ord. § 134.080.]

The purpose of the EFU (exclusive farm use) zone is to provide areas for continued practice of commercial agriculture. It is intended to be applied in those areas composed of tracts that are predominantly high-value farm soils as defined in OAR 660-033-0020(8). These areas are generally well suited for large-scale farming. It is also applied to small inclusions of tracts composed predominantly of non-high-value farm soils to avoid potential conflicts between commercial farming activities and the wider range of non-farm uses otherwise allowed on non-high-value farmland. Moreover, to provide the needed protection within cohesive areas it is sometimes necessary to include incidental land unsuitable for farming and some pre-existing residential acreage.

To encourage large-scale farm operations the EFU zone consolidates contiguous lands in the same ownership when required by a land use decision. It is not the intent in the EFU zone to create, through land divisions, small-scale farms. There are sufficient small parcels in the zone to accommodate those small-scale farm operations that require high-value farm soils. Subdivisions and planned developments are not consistent with the purpose of this zone and are prohibited.

To minimize impacts from potentially conflicting uses it is necessary to apply to non-farm uses the criteria and standards in OAR 660-033-0130 and in some cases more restrictive criteria are applied to ensure that adverse impacts are not created.

The EFU zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county.

The EFU zone is intended to be a farm zone consistent with OAR 660, Division 033 and ORS 215.283. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.010.]

Within an EFU zone no building, structure or premises shall be used, arranged or designed to be used, erected, structurally altered or enlarged except for one or more of the following uses:

A. Farm uses (see farm use definition, MCC 17.110.223), provided a medical marijuana producer as defined in MCC 17.110.378 shall have visible grow lights turned off between the hours 7:00 p.m. and 7:00 a.m. and all activity shall take place indoors.

B. The propagation or harvesting of a forest product.

C. Buildings, other than dwellings, customarily provided in conjunction with farm use.

D. Alteration, restoration, or replacement of a lawfully established dwelling with filing of the declaratory statement in MCC 17.136.100(C), when the dwelling:

1. Is assessed in the current county assessor’s records as a site-built dwelling or manufactured home.

2. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use:

a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055; or

b. If the dwelling to be replaced is in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the permitting authority that is not less than 90 days after the replacement permit is issued; and

c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant must obtain approval from the permitting authority for the new location.

3. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted to a nonresidential use.

4. Replacement dwellings may be sited on any part of the same lot or parcel. If the dwelling to be replaced is located on a portion of the lot or parcel not zoned EFU, SA (special agriculture) or FT (farm/timber), the applicant shall execute and record in the deed records a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of this section regarding replacement of dwellings have changed to allow the siting of another dwelling.

5. Replacement under this section includes a dwelling replaced pursuant to MCC 17.136.080(C) when a fire report is provided at the time building permits are applied for.

6. Accessory farm dwellings destroyed by a wildfire identified in an executive order issued by the Governor in accordance with the Emergency Conflagration Act, ORS 476.510 through 476.610, may be replaced. The temporary use of modular structures, manufactured housing, fabric structures, tents and similar accommodations is allowed until replacement under this subsection occurs.

E. Operations for the exploration for geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators, and customary production equipment for an individual well adjacent the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732.

F. Operations for the exploration for minerals as defined by ORS 517.750.

G. Widening of roads including public road and highway projects as follows:

1. Climbing and passing lanes within the street right-of-way existing as of July 1, 1987.

2. Reconstruction or modification of public streets, including the placement of utility facilities overhead and in the subsurface of public roads and highways along public right-of-way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new parcels result.

3. Temporary public street detours that will be abandoned and restored to original condition or use at such time as no longer needed.

4. Minor betterment of existing public street related facilities such as maintenance yards, weigh stations and rest areas, within rights-of-way existing as of July 1, 1987, and contiguous publicly owned property utilized to support the operation and maintenance of public streets.

H. Creation of, restoration of, or enhancement of wetlands.

I. On-site filming and activities accessory to filming, as defined in MCC 17.136.140(A), if the activity would involve no more than 45 days on any site within a one-year period.

J. Composting operations and facilities limited to those that are accepted farming practices in conjunction with and auxiliary to farm use on the subject tract, and that meet the performance and permitting requirements of the Department of Environmental Quality under OAR 340-093-0050 and 340-096-0060. Excess compost may be sold to neighboring farm operations in the local area and shall be limited to bulk loads of at least one unit (7.5 cubic yards) in size. Buildings and facilities used in conjunction with the composting operation shall only be those required for the operation of the subject facility.

K. Single agri-tourism or other commercial event, excluding events that promote the sale of marijuana products or extracts, subject to MCC 17.125.130. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.020.]

The following dwellings may be established in the EFU zone with filing of the declaratory statement in MCC 17.136.100(C), subject to approval by the director, based on satisfaction of the standards and criteria listed for each type of dwelling pursuant to the procedures in Chapter 17.115 MCC.

A. Primary Farm Dwellings. A single-family dwelling customarily provided in conjunction with farm use. The dwelling will be considered customarily provided in conjunction with farm use when:

1. It is located on high-value farmland as defined in MCC 17.136.140(D) and satisfies the following standards:

a. There is no dwelling on the subject farm operation on lands zoned EFU, SA or FT other than seasonal farm worker housing. The term “farm operation” means all lots or parcels of land in the same ownership that are used by the farm operator for farm use;

b. The farm operator earned on the subject tract in the last two years, three of the last five years, or the average of the best three of the last five years at least $80,000 in gross annual income from the sale of farm products, not including marijuana. In determining gross annual income from the sale of farm products, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. Only gross income from land owned, not leased or rented, shall be counted;

c. The subject tract is currently employed for the farm use that produced the income required in subsection (A)(1)(b) of this section;

d. The proposed dwelling will be occupied by a person or persons who produced the commodities which generated the income in subsection (A)(1)(b) of this section; or

2. It is not located on high-value farmland as defined in MCC 17.136.140(D) and satisfies the following standards:

a. There is no other dwelling on the subject farm operation on lands zoned EFU, SA or FT other than seasonal farm worker housing. The term “farm operation” means all lots or parcels of land in the same ownership that are used by the farm operator for farm use;

b. The farm operator earned on the subject tract in the last two years, three of the last five years, or the average of the best three of the last five years at least $40,000 in gross annual income from the sale of the farm products, not including marijuana. In determining gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. Only gross income from land owned, not leased or rented, shall be counted;

c. The subject tract is currently employed for the farm use that produced the income required in subsection (A)(2)(b) of this section;

d. The dwelling will be occupied by a person or persons who produced the commodities which generated the income required in subsection (A)(2)(b) of this section; or

3. It is not located on high-value farmland, as defined in MCC 17.136.140(D), and satisfies the following standards:

a. There is no other dwelling on the subject farm operation on lands zoned EFU, SA or FT other than seasonal farm worker housing. The term “farm operation” means all lots or parcels of land in the same ownership that are used by the farm operator for farm use;

b. The parcel on which the dwelling will be located is at least 160 acres;

c. The subject tract is currently employed for farm use, as defined in ORS 215.203, other than marijuana production;

d. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land, such as planting, harvesting, marketing, or caring for livestock, at a commercial scale;

4. It is in conjunction with a commercial dairy farm as defined in this chapter and if:

a. The subject tract will be employed as a commercial dairy as defined; and

b. The dwelling is sited on the same lot or parcel as the buildings required by the commercial dairy; and

c. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract; and

d. The dwelling will be occupied by a person or persons who will be principally engaged in the operation of the commercial dairy farm, such as the feeding, milking or pasturing of the dairy animals or other farm activities necessary to the operation of the commercial dairy farm; and

e. The building permits, if required, have been issued for and construction has begun for the buildings and animal waste facilities required for a commercial dairy farm; and

f. The Oregon Department of Agriculture has approved the following:

i. A permit for a confined animal feeding operation under ORS 468B.050 and 468B.200 through 468B.230; and

ii. A producer license for the sale of dairy products under ORS 621.072;

5. The applicant had previously operated a commercial farm use and if:

a. Within the previous two years, the applicant owned and operated a different farm or ranch operation that earned the gross farm income in each of the last five years or four of the last seven years as required by subsection (A)(1) or (2) of this section, whichever is applicable.

b. The subject lot or parcel on which the dwelling will be located is:

i. Currently employed for the farm use, as defined in this title, that produced in the last two years or three of the last five years, or the average of the best three of the last five years, the gross farm income required by subsection (A)(1) or (2) of this section, whichever is applicable; and

ii. At least the size of the applicable minimum lot size in this chapter; and:

(A) Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract; and

(B) The dwelling will be occupied by a person or persons who produced the commodities that grossed the income in subsection (A)(2)(b) of this section;

(C) In determining the gross income required by subsections (A)(5)(a) and (b) of this section, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract, and only gross income from land owned, not leased or rented, shall be counted;

6. All of the property in a tract used for the purposes of establishing a farm dwelling shall be held, sold and conveyed subject to the following covenants, conditions and restrictions:

It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling.

These covenants, conditions, and restrictions can be removed only and at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed and the authorized representative of the county or counties in which the property subject to these covenants, conditions and restrictions is located executes and records a release of the covenants, conditions and restrictions, consistent with OAR 660-006-0027.

B. Secondary Farm Dwellings. Secondary (accessory) dwellings customarily provided in conjunction with farm use. The dwelling will be considered customarily provided in conjunction with farm use when:

1. The primary dwelling and the proposed dwelling will each be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year-round assistance in the management of the farm uses, such as planting, harvesting, marketing or caring for livestock, is or will be required by the farm operator.

2. There is no other dwelling on lands in the EFU, SA or FT zone owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm and could reasonably be used as an additional farm dwelling.

3. The proposed dwelling will be located:

a. On the same lot or parcel as the primary farm dwelling; or

b. On the same contiguous ownership as the primary dwelling, and the lot or parcel on which the proposed dwelling will be sited is consolidated into a single parcel with all other contiguous lots and parcels in the same ownership; or

c. On a lot or parcel on which the primary farm dwelling is not located, when the secondary farm dwelling is limited to only a manufactured dwelling with a deed restriction filed with the county clerk. The deed restriction shall require the additional dwelling to be removed when the lot or parcel is conveyed to another party. Occupancy of the additional farm dwelling shall continually comply with subsection (B)(1) of this section; or

d. On any lot or parcel, when the accessory farm dwelling is limited to only attached multi-unit residential structures allowed by the applicable State Building Code or similar types of farm worker housing as that existing on farm operations registered with the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division under ORS 658.750. The county shall require all accessory farm dwellings approved under this subsection to be removed, demolished or converted to a nonresidential use when farm worker housing is no longer required; or

e. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size and the lot or parcel complies with the gross farm income requirements in subsection (B)(4) of this section, whichever is applicable.

4. The primary dwelling to which the proposed dwelling would be accessory satisfies the following criteria:

a. On land not identified as high-value farmland, the primary farm dwelling is located on land that is currently employed for farm use and the farm operator earned at least $40,000 gross annual income from the sale of farm products, not including marijuana, in the last two years, three of the last five years, or the average of the best three of the last five years; or

b. On land identified as high-value farmland, the primary farm dwelling is located on land that is currently employed for farm use and the farm operator earned at least $80,000 in gross annual income from the sale of farm products, not including marijuana, in the last two years, three of the last five years, or the average of the best three of the last five years;

c. The primary dwelling is located on a commercial dairy farm as defined in this chapter; and

i. The building permits, if required, have been issued and construction has begun or been completed for the buildings and animal waste facilities required for a commercial dairy farm; and

ii. The Oregon Department of Agriculture has approved a permit for a confined animal feeding operation under ORS 468B.050 and 468B.200 through 468B.230; and

iii. The Oregon Department of Agriculture has approved a producer license for the sale of dairy products under ORS 621.072;

d. In determining the gross income in subsections (B)(4)(a) and (b) of this section, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract.

5. The dwelling will be consistent with the fish and wildlife habitat policies of the Comprehensive Plan if located in a designated big game habitat area.

6. A deed restriction filed with the county clerk requiring removal of the home or removal, demolition or conversion to a nonresidential use if other residential structures are used, when the occupancy or use no longer complies with the criteria or standards under which the manufactured home was originally approved.

C. A secondary single-family dwelling on real property used for farm use subject to the following standards:

1. A dwelling on property used for farm use located on the same lot or parcel as the dwelling of the farm operator, and occupied by a relative of the farm operator or farm operator’s spouse, which means grandparent, step-grandparent, grandchild, parent, step-parent, child, step-child, brother, sister, step-sibling, niece, nephew or first cousin of either, if the farm operator does or will require the assistance of the relative in the management of the farm use.

2. The farm operator shall continue to play the predominant role in management and use of the farm. A farm operator is a person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding, and marketing.

3. A deed restriction is filed with the county clerk requiring removal of the dwelling when the occupancy or use no longer complies with the criteria or standards under which the dwelling was originally approved.

4. For purposes of this subsection, a commercial farm operation is one that meets the income requirements for a primary farm dwelling identified in subsection (A)(1)(b) of this section.

5. All of the property in a tract used for the purposes of establishing a farm dwelling shall be held, sold and conveyed subject to the following covenants, conditions and restrictions:

It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling.

These covenants, conditions, and restrictions can be removed only at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed and the authorized representative of the county or counties in which the property subject to these covenants, conditions and restrictions is located executes and records a release of the covenants, conditions and restrictions, consistent with OAR 660-006-0027.

D. Dwelling Alteration and Replacement. Alteration, restoration, or replacement of a lawfully established dwelling with filing of the declaratory statement in MCC 17.136.100(C), other than as permitted in MCC 17.136.020(D), when:

1. The dwelling to be altered, restored or replaced has or formerly had:

a. Intact exterior walls and roof structure;

b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

c. Interior wiring for interior lights; and

d. A heating system; and

2. In addition to the provisions of subsection (D)(1) of this section, the dwelling to be replaced meets one of the following conditions:

a. If the dwelling was removed, destroyed or demolished:

i. The dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; and

ii. Any removal, destruction, or demolition occurred on or after January 1, 1973.

b. If the dwelling is currently in such a state of disrepair that the dwelling is unsafe for occupancy or constitutes an attractive nuisance, the dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; or

c. A dwelling not described in subsection (D)(2)(a) or (b) of this section was assessed as a dwelling for the purposes of ad valorem taxation:

i. For the previous five property tax years; or

ii. From the time when the dwelling was erected upon or affixed to the land and became subject to assessment as described in ORS 307.010;

3. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use:

a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055; or

b. If the dwelling to be replaced is, in the discretion of the permitting authority, in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the permitting authority that is not less than 90 days after the replacement permit is issued; and

c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant must obtain approval from the permitting authority for the new location;

4. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted;

5. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the county in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, or the director’s designee, places a statement of release in the deed records of the county to the effect that the provisions of 2013 Oregon Laws, Chapter 462, Section 2 and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling;

6. A replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling;

7. The replacement dwelling must be sited on the same lot or parcel consistent with the following:

a. Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line, forest boundary or another natural boundary of the lot or parcel; and

b. If possible, for the purpose of minimizing the adverse impacts on resource use of land in the area, within a concentration or cluster of structures or within 500 yards of another structure.

E. Lot-of-Record Dwellings. A single-family dwelling subject to the following standards and criteria:

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

a. Since prior to January 1, 1985; or

b. By devise or intestate succession from a person who acquired and had owned continuously the lot or parcel since prior to January 1, 1985.

c. “Owner,” as the term is used in this subsection only, 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, step-parent, step-child, grandparent, or grandchild of the owner or business entity owned by any one or a combination of these family members.

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

3. The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, and no dwelling exists on another lot or parcel that was part of that tract.

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

5. The request is not prohibited by, and complies with, the Comprehensive Plan and other provisions of this title, including but not limited to floodplain, greenway, and big game habitat area restrictions.

6. The proposed dwelling will not:

a. Exceed the facilities and service capabilities of the area.

b. Create conditions or circumstances contrary to the purpose of the special agriculture zone.

7. A lot-of-record dwelling approval may be transferred one time only by a person who has qualified under this section to any other person after the effective date of the land use decision.

8. The county assessor shall be notified that the county intends to allow the dwelling.

9. The lot or parcel on which the dwelling will be sited is not high-value farmland as defined in MCC 17.136.140(D); or

10. The lot or parcel on which the dwelling will be sited is high-value farmland as defined in MCC 17.136.140(D)(2) or (3) and:

a. Is 21 acres or less in size;

b. The tract on which the dwelling is to be sited is not a flag lot and is:

i. Bordered on at least 67 percent of its perimeter by tracts that are smaller than 21 acres, and at least two such tracts had dwellings on them on January 1, 1993; or

ii. Bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract. No more than two of the four dwellings may be within an urban growth boundary;

c. The tract on which the dwelling is to be sited is a flag lot and is:

i. Bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract and on the same side of the public road that provides access to the subject tract. The board, or its designee, must interpret the center of the subject tract as the geographic center of the flag lot if the applicant makes a written request for that interpretation and that interpretation does not cause the center to be located outside the flag lot. Up to two of the four dwellings may lie within an urban growth boundary, but only if the subject tract abuts an urban growth boundary.

ii. “Flag lot” means a tract containing a narrow strip or panhandle of land providing access from the public road to the rest of the tract.

iii. “Geographic center of the flag lot” means the point of intersection of two perpendicular lines of which the first line crosses the midpoint of the longest side of a flag lot, at a 90-degree angle to the side, and the second line crosses the midpoint of the longest adjacent side of the flag lot; or

11. The lot or parcel on which the dwelling is to be sited is high-value farmland as defined in MCC 17.136.140(D)(1) and:

a. The hearings officer determines that:

i. 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. For the purposes of this section, this criterion asks whether the subject lot or parcel can be physically put to farm use without undue hardship or difficulty because of extraordinary circumstances inherent in the land or its physical setting. Neither size alone nor a parcel’s limited economic potential demonstrate that a lot or parcel cannot be practicably managed for farm use. Examples of extraordinary circumstances inherent in the land or its physical setting include very steep slopes, deep ravines, rivers, streams, roads, railroad or utility lines or other similar natural or physical barriers that by themselves or in combination separate the subject lot or parcel from adjacent agricultural land and prevent it from being practicably managed for farm use by itself or together with adjacent or nearby farms. A lot or parcel that has been put to farm use despite the proximity of a natural barrier or since the placement of a physical barrier shall be presumed manageable for farm use; and

ii. The use will not force a significant change in or significantly increase the cost of farm or forest practices on surrounding lands devoted to farm or forest use; and

iii. The dwelling will not materially alter the stability of the overall land use pattern in the area. To address this standard, the following information shall be provided:

(A) Identify a study area for the cumulative impacts analysis. The study area shall include at least 2,000 acres or a smaller area not less than 1,000 acres, if the smaller area is a distinct agricultural area based on topography, soil types, land use pattern, or the type of farm operations or practices that distinguish it from other adjacent agricultural areas. Findings shall describe the study area, its boundaries, the location of the subject parcel within this area, and why the selected area is representative of the land use pattern surrounding the subject parcel and is adequate to conduct the analysis required by this standard. Lands zoned for rural residential or other urban or non-resource uses shall not be included in the study area;

(B) Identify within the study area the broad types of farm uses (irrigated or nonirrigated crops, pasture or grazing lands), the number, location and type of existing dwellings (farm, non-farm, hardship, etc.), and the dwelling development trends since 1993. Determine the potential number of non-farm/lot-of-record dwellings that could be approved under this subsection (E) and MCC 17.136.050(A), including identification of predominant soil classifications and parcels created prior to January 1, 1993. The findings shall describe the existing land use pattern of the study area including the distribution and arrangement of existing uses and the land use pattern that could result from approval of the possible non-farm dwellings under this provision;

(C) Determine whether approval of the proposed non-farm/lot-of-record dwellings together with existing non-farm dwellings will materially alter the stability of the land use pattern in the area. The stability of the land use pattern will be materially altered if the cumulative effect of existing and potential non-farm dwellings will make it more difficult for the existing types of farms in the area to continue operation due to diminished opportunities to expand, purchase, lease farmland, acquire water rights or diminish the number of tracts or acreage in farm use in a manner that will destabilize the overall character of the study area.

b. The county shall provide notice of the application for a dwelling allowed under this subsection to the Oregon Department of Agriculture. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.030.]

The following uses may be permitted in the EFU zone subject to approval of the request by the planning director, based on satisfaction of the standards and criteria specified for each use, pursuant to Chapter 17.115 MCC:

A. Farm Stand. Farm stand subject to the following standards:

1. The structures shall be designed and used for sale of farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in the state of Oregon, including processed food items, and the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand; and

2. Annual sales of the incidental items and fees from promotional activity, sales of farm crops produced outside the state of Oregon, and sales of prepared food items together cannot make up more than 25 percent of the total annual sales of the farm stand; and

3. The farm stand does not include structures designed for occupancy as a residence or for activities other than the sale of farm crops and livestock and does not include structures for banquets, public gatherings or public entertainment;

4. As used in this section, “processed food items” means farm crops and livestock that have been converted into other products through canning, drying, baking, freezing, pressing, butchering or other similar means of adding value to the farm product, such as jams, syrups, apple cider, and similar animal products, but not prepared food items;

5. As used in this section, “prepared food items” means food products that are prepared for immediate consumption, such as pies, shortcake, milk shakes, smoothies, and baked goods;

6. Adequate off-street parking shall be provided and all vehicle maneuvering will be conducted on site. No vehicle backing or maneuvering shall occur within adjacent roads, streets or highways;

7. No farm stand building or parking is permitted within the right-of-way;

8. Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips;

9. Approval is required from the county public works department regarding adequate egress and access including compliance with vision clearance standards. All egress and access points shall be clearly marked;

10. All outdoor light fixtures shall be directed downward, and have full cutoff and full shielding to preserve views of the night sky and to minimize excessive light spillover onto adjacent properties, roads and highways;

11. Signs are permitted consistent with Chapter 17.191 MCC;

12. All required permits shall be obtained from the Marion County health department or the Department of Agriculture, as required;

13. When requested by the planning director, the farm stand operator/landowner shall submit a statement demonstrating how the farm stand complies with this policy, certified by the landowner’s/operator’s accountant or attorney as being accurate and complete;

14. A farm stand may not be used for the sale of marijuana products or to promote the sale of marijuana products or extracts.

B. Winery. A winery subject to the standards in MCC 17.125.030 or 17.125.035.

C. Religious Organizations and Cemeteries. Religious organizations and cemeteries in conjunction with religious organizations subject to the following:

1. New religious organizations and cemeteries in conjunction with religious organizations:

a. May not be established on high-value farmland.

b. New religious organizations and cemeteries in conjunction with religious organizations, not on high-value farmland, may be established. All new religious organizations and cemeteries in conjunction with religious organizations within three miles of an urban growth boundary shall meet the following standards:

i. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved, unless an exception is approved pursuant to OAR Chapter 660, Division 004.

ii. Any new enclosed structure or group of enclosed structures subject to this subsection shall be situated no less than one-half mile from other enclosed structures approved under OAR 660-33-130(2) on the same tract.

iii. For the purposes of this subsection, “tract” means a tract as defined in MCC 17.136.140(F) in existence on May 5, 2010.

2. Existing Religious Organizations and Cemeteries in Conjunction with Religious Organizations.

a. Existing religious organizations and cemeteries in conjunction with religious organizations may be maintained, enhanced, or expanded on the same tract wholly within a farm zone.

b. Existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits in subsections (C)(1)(b)(i) through (iii) of this section.

D. Public and Private Schools. Public or private schools for kindergarten through grade 12, including all buildings essential to the operation of a school, subject to the following:

1. New schools primarily for the residents of the rural area in which the school is located:

a. New schools may not be established on high-value farmland.

b. New schools not on high-value farmland may be established. Any new school within three miles of an urban growth boundary shall meet the following standards:

i. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved, unless an exception is approved pursuant to OAR Chapter 660, Division 004.

ii. Any new enclosed structure or group of enclosed structures subject to this section shall be situated no less than one-half mile from other enclosed structures approved under OAR 660-33-130(2) on the same tract.

iii. For the purposes of this subsection, “tract” means a tract as defined in MCC 17.136.140(F) in existence on May 5, 2010.

c. New schools must be determined to be consistent with the provisions contained in MCC 17.136.060(A)(1).

2. Existing Schools Primarily for the Residents of the Rural Area in Which the School Is Located.

a. Existing schools on high-value farmland may be maintained, enhanced, or expanded on the same tract wholly within a farm zone.

b. Existing schools not on high-value farmland may be maintained, enhanced, or expanded consistent with the provisions contained in MCC 17.136.060(A)(1).

c. Existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits in subsections (D)(1)(b)(i) through (iii) of this section.

3. Existing schools that are not primarily for residents of the rural area in which the school is located may be expanded on the tax lot on which the use was established or on a contiguous tax lot owned by the applicant on January 1, 2009; however, existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits in subsections (D)(1)(b)(i) through (iii) of this section.

E. Filming Activities. On-site filming and activities accessory to filming, and defined in MCC 17.136.140(A), if the activity:

1. Involves filming or activities accessory to filming for more than 45 days; or

2. Involves erection of sets that would remain in place longer than any 45-day period;

3. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use.

F. Facilities for Processing Farm Crops. A facility for processing of farm crops, an establishment for the slaughter, processing or selling of poultry or poultry products pursuant to ORS 603.038, or the production of biofuel as defined in ORS 315.141, subject to the following:

1. A processing area of less than 10,000 square feet shall be established. The processing facility shall comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits siting of the processing facility.

2. Uses less than 2,500 square feet for its processing area shall be allowed notwithstanding any applicable siting standard. However, applicable standards and criteria pertaining to floodplains, geologic hazards, airport safety and fire siting standards shall apply.

3. Division of a lot or parcel that separates a processing facility from the farm operation on which it is located shall not be approved.

4. A medical marijuana processor as defined in MCC 17.110.376 shall:

a. Be conducted entirely indoors; and

b. Emit no light visible to adjacent neighboring property owners or the public; and

c. Ensure odors are not detectable on adjacent neighboring properties.

5. As used in this section, the following definitions apply:

a. “Facility for the processing of farm products” means a facility for:

i. Processing farm crops, including the production of biofuel as defined in ORS 315.141, if at least one-quarter of the farm crops come from the farm operation containing the facility; or

ii. Slaughtering, processing or selling poultry or poultry products from the farm operation containing the facility and consistent with the licensing exemption for a person under ORS 603.038(2).

b. “Processing area” means the floor area of a building dedicated to farm product processing. “Processing area” does not include the floor area designated for preparation, storage or other farm use.

G. Model Aircraft. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary, subject to the following:

1. Buildings and facilities associated with a site for the takeoff and landing of model aircraft shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility pre-existed the use.

2. The site shall not include an aggregate surface or hard area surface unless the surface pre-existed the use.

3. As used in this section “model aircraft” means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and controlled by radio, lines or design by a person on the ground.

4. An owner of property used for the purpose authorized in this subsection may charge a person operating the use on the property rent for the property. An operator may charge users of the property a fee that does not exceed the operator’s cost to maintain the property, buildings and facilities.

H. Repealed by Ord. 1397.

I. 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 200 feet in height. A facility is “necessary” if it must be situated in the EFU zone in order for the service to be provided. An applicant must demonstrate that reasonable alternatives have been considered and that the facility must be sited in an EFU zone due to one or more of the following factors as found in OAR 660-033-0130(16):

1. Technical and engineering feasibility;

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

3. Lack of available urban and nonresource lands;

4. Availability of existing right-of-way;

5. Public health and safety; and

6. Other requirements of state and federal agencies.

a. Costs associated with any of the factors listed above may be considered, but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities and the siting of utility facilities that are not substantially similar.

b. The owner of a utility facility approved under this section shall be responsible for restoring to its former condition as nearly as possible any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing upon a contractor the responsibility for restoration.

c. The applicant shall address the requirements of MCC 17.136.060(A)(1).

d. In addition to the provisions above, the establishment or extension of a sewer system as defined by OAR 660-011-0060(1)(f) in an exclusive farm use zone shall be subject to the provisions of OAR 660-011-0060.

e. The provisions of this subsection do not apply to interstate natural gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission.

f. If the criteria contained in this subsection (I) for siting a utility facility on land zoned for exclusive farm use are met for a utility facility that is a transmission line, the utility provider shall, after the route is approved by the siting authorities and before construction of the transmission line begins, consult the record owner of high-value farmland in the planned route for the purpose of locating and constructing the transmission line in a manner that minimizes the impact on farming operations on high-value farmland. If the record owner does not respond within two weeks after the first documented effort to consult the record owner, the utility provider shall notify the record owner by certified mail of the opportunity to consult. If the record owner does not respond within two weeks after the certified mail is sent, the utility provider has satisfied the provider’s obligation to consult. The requirement to consult under this section is in addition to and not in lieu of any other legally required consultation process. For the purposes of this subsection:

i. “Consult” means to make an effort to contact for purpose of notifying the record owner of the opportunity to meet.

ii. “Transmission line” means a linear utility facility by which a utility provider transfers the utility product in bulk from a point of origin or generation, or between transfer stations, to the point at which the utility product is transferred to distribution lines for delivery to end users.

7. An associated transmission line shall be considered necessary for public service solely based on the criteria below:

a. “Associated transmission line” means a new transmission line constructed to connect an energy facility to the first point of junction of such transmission line or lines with either a power distribution system or an interconnected primary transmission system or both or to the Northwest Power Grid.

b. An associated transmission line is necessary for public service if it is demonstrated to meet either subsection (I)(7)(b)(i) or (ii) of this section:

i. An applicant demonstrates that the entire route of the associated transmission line meets at least one of the following requirements:

(A)  The associated transmission line is not located on high-value farmland, as defined in ORS 195.300, or on arable land;

(B) The associated transmission line is co-located with an existing transmission line;

(C) The associated transmission line parallels an existing transmission line corridor with the minimum separation necessary for safety; or

(D) The associated transmission line is located within an existing right-of-way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground.

ii. After an evaluation of reasonable alternatives, an applicant demonstrates that the entire route of the associated transmission line meets, subject to subsections (I)(7)(b)(iii) and (iv) of this section, two or more of the following criteria:

(A) Technical and engineering feasibility;

(B) The associated transmission line is locationally dependent because the associated transmission line must cross high-value farmland, as defined in ORS 195.300, or arable land, to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands;

(C) Lack of an available existing right-of-way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground;

(D) Public health and safety; or

(E) Other requirements of state or federal agencies.

iii. As pertains to subsection (I)(7)(b)(ii) of this section, the applicant shall present findings to the governing body of the county or its designee on how the applicant will mitigate and minimize the impacts, if any, of the associated transmission line on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on the surrounding farmland.

iv. The governing body of a county or its designee may consider costs associated with any of the factors listed in subsection (I)(7)(b)(ii) of this section, but consideration of cost may not be the only consideration in determining whether the associated transmission line is necessary for public service.

J. Parking of not more than seven log trucks on a tract when the use will not:

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

2. Significantly increase the cost of accepted farm or forest practices on surrounding land devoted to farm or forest use.

K. Fire service facilities providing rural fire protection services.

L. Irrigation reservoirs, canals, delivery lines and those structures and accessory operational facilities, not including parks or other recreational structures and features, associated with a district as defined in ORS 540.505.

M. Utility Facility Service Lines. Utility facility service lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following:

1. A public right-of-way;

2. Land immediately adjacent to a public right-of-way, provided the written consent of all adjacent property owners has been obtained; or

3. The property to be served by the utility.

N. Subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with rules adopted under ORS 468B.095, and with the requirements of ORS 215.246, 215.247, 215.249 and 215.251, the land application of reclaimed water, agricultural process or industrial process water or biosolids, or the on-site treatment of septage prior to the land application for biosolids, for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in an exclusive farm use zone under this chapter. For the purposes of this section, on-site treatment of septage prior to the land application of biosolids is limited to treatment using treatment facilities that are portable, temporary and transportable by truck trailer, as defined in ORS 801.580, during a period of time within which land application of biosolids is authorized under the license, permit or other approval.

O. Dog training classes or testing trials conducted outdoors or in agricultural buildings existing on June 4, 2012, subject to the following:

1. The number of dogs in each training class shall not exceed 10.

2. There shall be no more than six training classes per day.

3. The number of dogs participating in the testing trials shall not exceed 60.

4. There shall be no more than four testing trials per calendar year.

P. Cider Business. A cider business is subject to the standards in MCC 17.125.140.

Q. Farm Brewery. A farm brewery is subject to the standards in MCC 17.125.150. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1397 § 4 (Exh. B), 2019; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.040.]

The following uses may be permitted in an EFU zone subject to obtaining a conditional use permit and satisfying the criteria in MCC 17.136.060(A), and any additional criteria, requirements, and standards specified for the use:

A. Single-family dwelling or manufactured home not in conjunction with farm use, subject to the criteria and standards in MCC 17.136.060(B), 17.136.070 and 17.136.100.

B. Temporary residence for hardship purposes subject to the requirements of MCC 17.120.040 with filing of the declaratory statement in MCC 17.136.100(C).

C. Portable or temporary facility for primary processing of forest products subject to MCC 17.136.060(E).

D. The following commercial uses:

1. Home occupations, including bed and breakfast inns, subject to the criteria in MCC 17.136.060(C) with filing of the declaratory statement in MCC 17.136.100(C).

2. Commercial activities in conjunction with farm use, including the processing of farm crops into biofuel not permitted under MCC 17.136.040(F), and subject to MCC 17.136.060(D), but including a winery not permitted under MCC 17.136.040(B), but not including a medical marijuana processor as defined in MCC 17.110.376, subject to MCC 17.136.060(D).

3. Expansion of a lawfully established dog kennel with filing of the declaratory statement in MCC 17.136.100(C).

4. Room and board arrangements for a maximum of five unrelated persons in existing dwellings with filing of the declaratory statement in MCC 17.136.100(C).

5. The propagation, cultivation, maintenance and harvesting of aquatic species that are not under the jurisdiction of the State Fish and Wildlife Commission.

6. A landscape contracting business, as defined in ORS 671.520, or a business providing landscape architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the growing and marketing of nursery stock on the land that constitutes farm use.

7. Composting Facilities.

a. Existing composting operations and facilities that do not meet MCC 17.136.020(J) may be maintained, enhanced, or expanded on the same tract subject to meeting the performance and permitting requirements of the Department of Environmental Quality (DEQ) under OAR 340-093-0050 and 340-096-0060, subject to compost facility operators preparing, implementing and maintaining a site-specific odor minimization plan that:

i. Meets the requirements of OAR 340-096-0150;

ii. Identifies the distance of the proposed operation to the nearest residential zone;

iii. Includes a complaint response protocol;

iv. Is submitted to the DEQ with the required permit application; and

v. May be subject to annual review by the county to determine if any revisions are necessary.

b. New composting operations and facilities that do not meet MCC 17.136.020(J) may be established on land not defined as high-value farmland subject to the following:

i. Meet the performance and permitting requirements of the Department of Environmental Quality under OAR 340-093-0050 and 340-096-0060; and

ii. Buildings and facilities used in conjunction with the composting operation shall only be those required for the operation of the subject facility; and

iii. On-site sales shall be limited to bulk loads of at least one unit (7.5 cubic yards) in size that are transported in one vehicle;

iv. Compost facility operators must prepare, implement and maintain a site-specific odor minimization plan that:

(A) Meets the requirements of OAR 340-096-0150;

(B) Identifies the distance of the proposed operation to the nearest residential zone;

(C) Includes a complaint response protocol;

(D) Is submitted to the DEQ with the required permit application; and

(E) May be subject to annual review by the county to determine if any revisions are necessary.

8. Operations for the extraction and bottling of water, except in the sensitive groundwater overlay zone.

9. Agri-tourism events and activities excluding events that promote the use or sale of marijuana products or extracts, subject to the requirements in MCC 17.120.090.

10. Dog training classes or testing trials not permitted under MCC 17.136.040(O).

E. The following mining and processing activities:

1. Mining and processing of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005 and MCC 17.120.410 through 17.120.480.

2. Mining, crushing or stockpiling of aggregate and other mineral and other subsurface resources subject to ORS 215.298 and MCC 17.120.410 through 17.120.480.

3. Processing, as defined by ORS 517.750, of aggregate into asphalt or portland cement subject to MCC 17.120.410 through 17.120.480 and 17.136.060(H)(1).

4. Processing of other mineral resources and other subsurface resources subject to MCC 17.120.410 through 17.120.480.

F. The following utility uses:

1. Commercial utility facilities for the purpose of generating power, other than wind power generation or photovoltaic solar power generation, for public sale, subject to MCC 17.136.060(F).

2. Wind power generation facilities subject to MCC 17.120.100.

3. Repealed by Ord. 1387.

4. Transmission towers over 200 feet in height.

G. Personal-use airports for airplanes and helicopter pads, including associated hangar, maintenance and service facilities as defined in ORS 215.283(2)(g).

H. The following recreation uses subject to MCC 17.136.060(I):

1. Expansion of a lawfully established private park, playground, hunting and fishing preserve or campground subject to MCC 17.136.060(G) with filing of the declaratory statement in MCC 17.136.100(C).

2. Expansion of a lawfully established community center, operated primarily by and for residents of the local rural community, where the land and facilities are owned and operated by a governmental agency or nonprofit community organization with filing of the declaratory statement in MCC 17.136.100(C).

3. Public parks, open spaces, and playgrounds including only those uses specified under OAR 660-034-035 or 660-034-0040, whichever is applicable, and consistent with ORS 195.120 and with filing of the declaratory statement in MCC 17.136.100(C).

4. Expansion of a lawfully established golf course on the same tract consistent with definitions in MCC 17.136.140(C), and with filing of the declaratory statement in MCC 17.136.100(C).

5. Living history museum subject to MCC 17.136.060(H)(2), and with filing of the declaratory statement in MCC 17.136.100(C).

I. Expansion of a lawfully established solid waste disposal site together with facilities and buildings for its operation (see specific conditional uses, MCC 17.120.310 through 17.120.380).

J. The following transportation uses:

1. Construction of additional passing and travel lanes requiring the acquisition of right-of-way but not resulting in the creation of new land parcels.

2. Reconstruction or modification of public streets involving the removal or displacement of buildings but not resulting in the creation of new land parcels.

3. Improvement of public street 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.

4. Roads, highways, and other transportation facilities and improvements not otherwise allowed in this chapter, when an exception to statewide Goal 3 and any other applicable statewide planning goal with which the facility or improvement does not comply, and subject to OAR Chapter 660, Division 12.

K. A replacement dwelling to be used in conjunction with farm use with filing of the declaratory statement in MCC 17.136.100(C), if the existing dwelling is listed in the Comprehensive Plan inventory and the National Register of Historic Places as historic property as defined in ORS 358.480.

L. Residential home or adult foster home, as defined in ORS 197.660 and MCC 17.110.477, in an existing dwelling and with filing of the declaratory statement in MCC 17.136.100(C).

M. A county law enforcement facility that lawfully existed on August 20, 2002, and is used to provide rural law enforcement services primarily in rural areas, including parole and post-prison supervision, but not including a correctional facility as defined under ORS 162.135 as provided for in ORS 215.283(2).

N. Expansion of existing schools not for kindergarten through grade 12 established on or before January 1, 2009, on the same tract wholly within a farm zone subject to MCC 17.136.060(I). [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1387 § 4 (Exh. A), 2018; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.050.]

The uses identified in MCC 17.136.050 shall satisfy criteria in the applicable subsections below:

A. The following criteria apply to all conditional uses in the EFU zone:

1. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary.

2. Adequate fire protection and other rural services are, or will be, available when the use is established.

3. The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality.

4. Any noise associated with the use will not have a significant adverse impact on nearby land uses.

5. The use will not have a significant adverse impact on potential water impoundments identified in the Comprehensive Plan, and not create significant conflicts with operations included in the Comprehensive Plan inventory of significant mineral and aggregate sites.

B. Non-Farm Dwellings. The following additional criteria apply to non-farm dwelling requests:

1. The dwelling will be sited on a lot or parcel that is predominantly composed of Class IV through Class VIII soils that would not, when irrigated, be classified as prime, unique, Class I or Class II soils. Soils classifications shall be those of the Soil Conservation Service in its most recent publication, unless evidence is submitted as required in MCC 17.136.130.

2. The dwelling will be sited on a lot or parcel that does not currently contain a dwelling and was created before January 1, 1993. The boundary of the lot or parcel cannot be changed after November 4, 1993, in any way that enables the lot or parcel to meet the criteria for non-farm dwelling.

3. The dwelling will not materially alter the stability of the overall land use pattern of the area. In making this determination the cumulative impact of possible new non-farm dwellings on other lots or parcel in the area similarly situated shall be considered. To address this standard, the following information shall be provided:

a. Identify a study area for the cumulative impact analysis. The study area shall include at least 2,000 acres or a smaller area not less than 1,000 acres, if the smaller area is a distinct agricultural area based on topography, soil types, land use pattern, or the type of farm or ranch operations or practices that distinguish it from other, adjacent agricultural areas. Findings shall describe the study area, its boundaries, the location of the subject parcel within this area, why the selected area is representative of the land use pattern surrounding the subject parcel and is adequate to conduct the analysis required by this standard. Lands zoned for rural residential or other urban or nonresource uses shall not be included in the study area;

b. Identify within the study area the broad types of farm uses (irrigated or nonirrigated crops, pasture or grazing lands), the number, location and type of existing dwellings (farm, non-farm, hardship, etc.), and the dwelling development trends since 1993. Determine the potential number of non-farm dwellings that could be approved under MCC 17.136.050(A), including identification of predominant soil classifications and parcels created prior to January 1, 1993. The findings shall describe the existing land use pattern of the study area including the distribution and arrangement of existing uses and the land use pattern that could result from approval of the possible non-farm dwellings under this provision;

c. Determine whether approval of the proposed non-farm dwellings together with existing non-farm dwellings will materially alter the stability of the land use pattern. The stability of the land use pattern will be materially altered if the cumulative effect of existing and potential non-farm dwellings will make it more difficult for the existing types of farms in the area to continue operation due to diminished opportunities to expand, purchase, or lease farmland, or acquire waste rights or diminish the number of tracts or acreage in farm use in a manner that will destabilize the overall character of the study area.

C. Home Occupations.

1. Notwithstanding MCC 17.110.270 and 17.120.075, home occupations, including the parking of vehicles in conjunction with the home occupation and bed and breakfast inns, are subject to the following criteria:

a. A home occupation or bed and breakfast inn shall be operated by a resident of the dwelling on the property on which the business is located. Including residents, no more than five full-time or part-time persons shall work in the home occupation (“person” includes volunteer, nonresident employee, partner or any other person).

b. It shall be operated substantially in:

i. The dwelling; or

ii. Other buildings normally associated with uses permitted in the zone in which the property is located.

c. It shall not unreasonably interfere with other uses permitted in the zone in which the property is located.

d. A home occupation shall not be authorized in structures accessory to resource use on high-value farmland.

e. A sign shall meet the standards in Chapter 17.191 MCC.

f. The property, dwelling or other buildings shall not be used for assembly or dispatch of employees to other locations.

g. Retail and wholesale sales that do not involve customers coming to the property, such as internet, telephone or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation.

2. Notwithstanding MCC 17.110.270 and 17.120.075, an event business hosting weddings, family reunions, class reunions, company picnics, memorials, and similar gatherings may be established as a home occupation subject to the following criteria:

a. Farm Assessment. All or a portion of the subject property where the event business will operate shall be subject to special assessment for farm use.

b. Owner. The property owner of the property upon which the event business is located shall be the operator of the event business and shall reside full-time in the dwelling on the property.

c. Employees. The property owner shall employ on the site no more than five full-time or part-time persons per ORS 215.448(1)(b).

d. Number of Events. A maximum of 18 events per calendar year may be held on the property.

e. Frequency. No more than three events a week shall occur from May 1st to September 30th and one event a week from October 1st to April 30th.

f. Duration. No event shall exceed three consecutive days including setup and take down.

g. Hours of Operation. No event shall take place before the hour of 7:00 a.m. or after the hour of 10:00 p.m. Setup and takedown shall occur as well between the hours of 7:00 a.m. and 10:00 p.m.

h. Guests. The property owner shall ensure that the maximum occupancy approved by the Marion County building official and local fire district is not exceeded in structures on the property at any time. A lower limit may be imposed based on the number of employees able to provide services to the guests. The applicant shall demonstrate how the employees of the business are able to provide services to all the guests at the event. All events shall be conducted in such a way as to comply with conditions of approval placed on the event business operation.

i. Structures. The event business shall be operated substantially in the dwelling, or other buildings normally associated with uses permitted in the zone in which the property is located. New structures shall obtain a building permit for the use. Existing structures shall obtain a change of use from building inspection. In either case, system development charges applied for the additional traffic impacts anticipated shall be paid prior to building permit issuance. Any changes to a structure shall not render the structure a building not normally associated with uses permitted in the zone

j. Tents. Tents may be used in conjunction with the event business. Tents shall be considered outdoor areas for the purposes of this code.

k. Outdoor Area. For events which take place both indoors and outdoors, at least 80 percent of the area of the property dedicated to the event business shall be indoors and at most 20 percent of the area of the property dedicated to the event business may be outdoors, exclusive of parking.

l. Parking. A parking and traffic circulation plan shall be provided demonstrating adequate parking being provided on site to accommodate all traffic associated with the event business subject to the following:

i. No parking in rights-of-way or roadway easements shall be permitted.

ii. Parking may be provided on a different parcel subject to evidence of an agreement with that property for the use.

iii. Adequate internal circulation shall be provided to ensure that traffic does not cause a significant adverse impact to local roadways.

iv. The parking and traffic circulation plan shall also provide for fire and emergency ingress and egress.

v. Events that take place between October 1st and April 30th shall have parking provided with an all-weather surface consisting of gravel, asphalt, or concrete.

vi. Events that take place between May 1st and September 30th shall either have parking provided with an all-weather surface consisting of gravel, asphalt, or concrete or provided by an earthen or organic surface maintained to minimize fire hazards.

vii. The property owner shall obtain all necessary permits for access and egress, as well as provide a traffic control plan if required by Marion County public works.

viii. The use will not require new driveway access to the street unless approved by public works director. The property owner shall obtain all necessary driveway access permits from the roadway authority to bring the new or existing access into conformance with county standards.

m. Minimum Setbacks. New structures and outdoor areas associated with the event business, including generators and other ancillary uses, but not including parking, shall be set back a minimum of 50 feet from public rights-of-way and adjoining parcels with an existing residence within 50 feet of the site of the event business or approved for a residence within 50 feet of the site of the event business, or zoned acreage residential.

n. Fencing. Property lines adjacent to a property with an existing residence within 50 feet of the site of the event business or approved for a residence within 50 feet of the site of the event business, or zoned acreage residential shall be provided with a solid fence, wall, or hedge. A 15-foot-wide vegetative buffer consisting of trees, which will attain at least eight feet in height within five years, and shrubs, which will provide a complete visual sight buffer within five years, may be substituted for the fence, wall, or hedge.

o. Lighting. Parking lots shall have lighting capable of providing adequate illumination for security and safety. All light sources shall be constructed, down shielded and used so as not to illuminate directly on or create glare visible from adjacent properties or public rights-of-way.

p. Noise. The event business shall comply with Chapter 8.45 MCC related to noise except that no amplified sound or use of a generator shall occur outside of a building before the hour of 7:00 a.m. or after the hour of 10:00 p.m.

q. Signs. In addition to the signs permitted in Chapter 17.191 MCC:

i. One unlighted sign not exceeding 32 square feet related to the event business may be placed on a fence or structure subject to the height, setback, and illumination standards in Chapter 17.191 MCC.

ii. Three unlighted temporary signs not exceeding 32 square feet each may be placed on the property or nearby properties subject to the height, setback, and illumination standards in Chapter 17.191 MCC.

iii. Any temporary sign shall be removed no more than 24 hours after an event.

r. Water Source. If a well is used in conjunction with the business, the property owner shall consult with Marion County health and human services to determine if compliance with a state public water system is required. Any identified public water systems must comply with drinking water quality standards as administered by the Oregon Health Authority Drinking Water Services. The property owner also shall obtain any necessary permits from the Oregon Department of Water Resources. Evidence that required permits were obtained shall be provided to Marion County planning.

s. On-Site Wastewater. The property owner shall obtain all necessary permits for on-site wastewater disposal. In the event that portable restroom facilities, including hand-sanitizing or hand-washing stations, are used, these shall be screened from adjacent lots and rights-of-way by sight-obscuring fences or plantings and be located a minimum of 50 feet from the property lines of all adjoining properties.

t. Kitchen. Any kitchen shall obtain necessary permits from Marion County building inspection and from Marion County health and human services. Evidence that required permits were obtained shall be provided to Marion County planning.

u. Alcohol. If alcohol is served, the property owner shall obtain all necessary permits, or ensure that all necessary permits have been obtained from the Oregon Liquor and Cannabis Commission.

v. Other Uses. The event business shall not unreasonably interfere with other uses permitted in the zone in which the property is located. The property owner shall provide evidence that all contracts include the requirement that the customer has signed and agreed to the following statement:

This event business is situated in or near a farm or forest zone or area in Marion County, Oregon, where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents, property owners, and visitors may be subjected to common, customary and accepted farm or forest management practices conducted in accordance with federal and state laws that ordinarily and necessarily produce noise, dust, smoke and other impacts. I do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of using this venue. I acknowledge the need to avoid activities that conflict with nearby farm and forest uses and practices, signatories will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937.

w. Dispatch of Employees. The property, dwelling, or other buildings shall not be used for assembly or dispatch of employees to other locations.

x. Sales. Retail and wholesale sales that do not involve customers coming to the property, such as internet, telephone, or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation.

y. Alteration of Property. No other alteration of land shall occur other than that approved in conjunction with an approval for an event business subject to the following:

i. On days when events are not occurring, the property shall not take on characteristics of an event business, aside from structures and parking areas approved as part of this permit.

ii. When events are not taking place, any equipment, furniture, or other items related to the event business shall be stored indoors.

z. Transfer of Property. Any approval is only for the property owner at the time of application. If the property is subsequently sold or transferred to another person or entity, the new property owner must indicate review and acceptance of the conditions of the land use approval prior to operating the business.

aa. Annual Submittal. Event business approvals must be renewed every year subject to the property owner providing the following information:

i. Evidence of the annual renewal of permits required by other agencies and departments.

ii. A log of events held the prior calendar year.

iii. Any revisions to the site plan or parking and traffic circulation plan or both. Such revisions may be subject to review and approval by the planning director and public works director for consistency with the home occupation event business approval.

iv. Evidence that the property continues to be subject to special assessment for farm use.

D. Commercial Activities in Conjunction with Farm Use.

1. The commercial activity must be primarily a customer or supplier of farm uses.

2. The commercial activity must enhance the farming enterprises of the local agricultural community to which the land hosting that commercial activity relates.

3. The agricultural and commercial activities must occur together in the local community.

4. The products and services provided must be essential to the practice of agriculture.

E. Forest Products Processing Facility. A portable or temporary facility for the primary processing of forest products is subject to the following criteria and limitations:

1. The use shall not seriously interfere with accepted farming practices.

2. The use shall be compatible with farm uses described in ORS 215.203(2).

3. The use may be approved for a maximum one-year period, which is renewable.

4. The primary processing of forest products, as used in this section, means the use of a chipper, stud mill, or other similar facility for 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 tract where the primary processing facility is located.

F. Power Generation Facility. A power generation facility shall not preclude more than:

1. Twelve acres from use as a commercial agricultural enterprise on high-value farmland unless an exception is taken pursuant to OAR Chapter 660, Division 004.

2. Twenty acres from use as a commercial agricultural enterprise on farmland that is not high-value unless an exception is taken pursuant to ORS 197.732 and OAR Chapter 660, Division 004.

G. Private Parks and Campgrounds. Private parks, playgrounds, hunting and fishing preserves, and campground expansions shall meet the following criteria:

1. Except on a lot or parcel contiguous to a lake or reservoir, private campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR Chapter 660, Division 004.

2. It shall be devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes, and is established on a site or is contiguous to lands with park or other outdoor natural amenity that is accessible for recreational use by the occupants of the campground.

3. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites.

4. A camping site shall only be occupied by a tent, travel trailer or recreational vehicle. Private campgrounds may provide yurts for overnight camping subject to the following:

a. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include yurts;

b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.

5. Separate sewer, water or electric service hook-ups shall not be provided to individual campsites.

6. It shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations.

7. Overnight temporary use in the same campground by a camper or camper’s vehicle shall not exceed a total of 30 days during any consecutive six-month period.

H. Other Uses.

1. New uses that batch and blend mineral and aggregate into asphalt cement may not be authorized within two miles of a planted vineyard. “Planted vineyard” means one or more vineyards totaling 40 acres or more that are planted as of the date the application for batching and blending is filed.

2. Living history museum related to resource-based activities owned and operated by a governmental agency or a local historical society, together with limited commercial activities and facilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historic period or the museum administration building, if areas other than an exclusive farm use zone cannot accommodate the museum and related activities or if the museum administration buildings and parking lot are located within one-quarter mile of an urban growth boundary.

As used in this subsection:

a. “Living history museum” means a facility designed to depict and interpret the everyday life and culture of some specific historic period using authentic buildings, tools, equipment and people to simulate past activities and events; and

b. “Local historical society” means the local historical society recognized by the county board of commissioners and organized under ORS Chapter 65.

I. The following criteria apply to those uses identified in MCC 17.136.050:

1. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved within three miles of an urban growth boundary unless an exception is approved pursuant to OAR Chapter 660, Division 004.

2. Any new enclosed structure or group of enclosed structures subject to this section shall be situated no less than one-half mile from other enclosed structures approved under OAR 660-33-130(2) on the same tract. For the purposes of this subsection, “tract” means a tract as defined in MCC 17.136.140(F) in existence on May 5, 2010.

3. Existing facilities wholly within a farm use zone may be maintained, enhanced or expanded on the same tract, but existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits of this subsection. [Ord. 1456 § 4 (Exh. B), 2023; Ord. 1447 § 4 (Exh. B), 2022; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.060.]

The following regulations shall apply to non-farm dwellings:

A. Special Setbacks.

1. Dwellings. A special dwelling setback of 200 feet from any abutting parcel in farm use or timber production is required.

2. Accessory Buildings. A special setback of 100 feet is required for buildings accessory to a dwelling from any abutting parcel in farm use or timber production.

3. Adjustments. The special setbacks in subsections (A)(1) and (2) of this section may be reduced if it is determined, concurrently with any land use application or as provided in Chapter 17.116 MCC, that a lesser setback will meet the following review criteria for alternative sites:

a. The site will have the least impact on nearby or adjoining forest or agricultural lands.

b. The site ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized.

c. The amount of agricultural and forestlands used to site access roads, service corridors, the dwelling and structures is minimized.

d. The risks associated with wildfire are minimized.

4. The special setback in subsection (A)(1) of this section shall not be applied in a manner that prohibits dwellings approved pursuant to ORS 195.300 through 195.336 nor should the special setback in subsection (A)(1) of this section prohibit a claimant’s application for homesites under ORS 195.300 through 195.336.

B. Fire Hazard Reduction. As a condition of approval for any non-farm dwelling located closer than 200 feet to timber, the owner shall be required to maintain a primary and secondary fuel-free break area in accordance with the provision in “Recommended Fire Siting Standards for Dwellings and Structures and Fire Safety Design Standards for Roads” dated March 1, 1991, and published by the Oregon Department of Forestry.

C. Prior to issuance of any residential building permit for an approved non-farm dwelling under MCC 17.136.050(A), evidence shall be provided that the county assessor has disqualified the lot or parcel for valuation at true cash value for farm or forest use; and that the additional tax or penalty has been imposed, if any is applicable, as provided by ORS 308A.113 or 308A.724 or 321.359(1)(b), 321.842(1)(A) and 321.716. A parcel that has been disqualified under this section shall not requalify for special assessment unless, when combined with another contiguous parcel, it constitutes a qualifying parcel. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.070.]

For the purpose of regulating dwellings and structures at the time the EFU zone is applied, the following regulations shall apply:

A. Legally established dwellings existing when the EFU zone is applied shall be considered in conformance with the EFU zone and may be repaired, altered, enlarged or replaced pursuant to MCC 17.136.020(D) or 17.136.030(D).

B. Legally established structures accessory to a dwelling, farm or forest use, or other authorized use existing when the EFU zone is applied shall be considered in conformance with the EFU zone and may be repaired, altered, or enlarged unless conditions applied to the use require that changes to the structure be reviewed.

C. Notwithstanding MCC 17.114.070, if a legally established non-resource use exists in the EFU zone and is unintentionally destroyed by fire, other casualty or natural disaster, the use may be reestablished to its previous nature and extent, but the reestablishment shall satisfy other building codes, ordinance and permit requirements. Efforts to reestablish the use shall commence within one year of destruction of the use or structure. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.080.]

The following regulations apply when property line adjustments and partitioning of land within an EFU zone subject to the provisions of Chapter 17.172 MCC are proposed:

A. Minimum Parcel Size for Newly Created Parcels.

1. Farm Parcels. The minimal parcel size for new farm parcels shall be calculated as follows:

a. All parcels wholly or in part within 500 feet of the subject parcel shall be identified.

b. The average (mean) size of all parcels larger than 40 acres identified in subsection (A)(1)(a) of this section shall be determined.

c. The acreage size calculated in subsection (A)(1)(b) of this section, rounded to the nearest 10 acres, is the minimum parcel size unless such parcel size is less than 80 acres, in which case the minimum parcel size is 80 acres.

2. Non-Farm Parcels. A new non-farm parcel created pursuant to subsection (B) of this section shall only be as large as necessary to accommodate the use and any buffer area needed to ensure compatibility with adjacent farm uses.

B. Requirements for Creation of New Non-Farm Parcels.

1. A new non-farm parcel may be created for uses listed in MCC 17.136.040(C) and (K) and MCC 17.136.050, except the residential uses in MCC 17.136.050(A) and (B) or a home occupation.

2. The criteria in MCC 17.136.060 applicable to the use shall apply to the parcel.

3. A non-farm parcel shall not be approved before the non-farm use is approved.

4. A division of land for non-farm use shall not be approved unless any additional tax imposed for the change has been paid, or payment of any tax imposed is made a condition of approval.

5. A division of land may be permitted to create a parcel with an existing dwelling to be used:

a. As a residential home as described in ORS 197.660(2) only if the dwelling has been approved under MCC 17.136.050(L).

b. For a historic property that meets the definition in ORS 358.480 and is listed on the National Register of Historic Places.

c. Parcels created under this section must meet the following criteria:

i. The new parcel containing the dwelling must be a minimum of one acre in size.

ii. The proposal shall not involve a unit of land containing a farm-relative dwelling previously authorized under the Marion County Code or previous ordinance.

iii. The new parcel shall not be larger than the minimum size necessary for the use, taking into consideration septic system, septic repair area, water source, the dwelling, and accessory buildings.

iv. The new parcel shall be adequately sized so that the existing dwelling meets the special setbacks from parcels in farm and forest use as described in MCC 17.136.070 if it was able to meet the special setbacks previously.

6. If the land division is for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase at least one of the resulting parcels subject to the following criteria:

a. A parcel created by the land division that contains a dwelling is large enough to support continued residential use of the parcel.

b. A parcel created pursuant to this subsection that does not contain a dwelling:

i. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;

ii. May not be considered in approving or denying an application for siting any other dwelling;

iii. May not be considered in approving a redesignation or rezoning of forest lands or farmlands except for a redesignation or rezoning to allow a public park, open space or other natural resource use; and

c. May not be smaller than 25 acres unless the purpose of the land division is:

i. To facilitate the creation of a wildlife or pedestrian corridor or the implementation of a wildlife habitat protection plan; or

ii. To allow a transaction in which at least one party is a public park or open space provider, or a not-for-profit land conservation organization, that has cumulative ownership of at least 2,000 acres of open space or park property.

7. A division of land smaller than the minimum lot or parcel size described in subsections (A) and (B) of this section may be approved to establish a religious organization including cemeteries in conjunction with the religious organization if they meet the following requirements:

a. The religious organization has been approved under MCC 17.136.040(C);

b. The newly created lot or parcel is not larger than five acres; and

c. The remaining lot or parcel, not including the religious organization, meets the minimum lot or parcel size described in subsections (A) and (B) of this section either by itself or after it is consolidated with another lot or parcel.

8. A portion of a lot or parcel that has been included within an urban growth boundary and redesignated for urban uses under the applicable acknowledged comprehensive plan may be divided off from the portion of the lot or parcel that remains outside the urban growth boundary and zoned for resource use even if the resource use portion is smaller than the minimum lot or parcel size established under ORS 215.780, subject to the following:

a. The partition must occur along the urban growth boundary; and

b. If the parcel contains a dwelling, the parcel must be large enough to support continued residential use;

c. If the parcel does not contain a dwelling, the parcel:

i. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;

ii. May not be considered in approving or denying an application for siting any other dwelling; and

iii. May not be considered in approving a redesignation or rezoning of forestlands under the acknowledged comprehensive plan and land use regulations, except for a redesignation or rezoning to allow a public park, open space or other natural resource use.

9. Land that is divided under this section for 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 200 feet in height, may not later be rezoned by the county for retail, commercial, industrial or other non-resource use, except as provided under the statewide land use planning goals or under ORS 197.732.

C. Property Line Adjustments.

1. When one or more lots or parcels subject to a proposed property line adjustment are larger than the minimum parcel size pursuant to subsection (A)(1) of this section, the same number of lots or parcels shall be as large or larger than the minimum parcel size after the adjustment. When all lots or parcels subject to the proposed adjustment are as large or larger than the minimum parcel size, no lot or parcel shall be reduced below the applicable minimum parcel size. If all lots or parcels are smaller than the minimum parcel size before the property line adjustment, the minimum parcel size pursuant to this section does not apply to those lots or parcels.

2. If the minimum parcel size in subsection (A)(1) of this section is larger than 80 acres, and a lot or parcel subject to property line adjustment is smaller than the minimum parcel size but larger than 80 acres, the lot or parcel shall not be reduced in size through property line adjustment to less than 80 acres.

3. Any property line adjustment shall result in a configuration of lots or parcels that are at least as suitable for commercial agriculture as were the parcels prior to the adjustment.

4. A property line adjustment may not be used to:

a. Decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling;

b. Decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling;

c. Allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be used to qualify another tract for a dwelling if the land use approval would be based on an acreage standard; or

d. Adjust a property line that resulted from a subdivision or partition authorized by a Measure 49 waiver so that any lawfully established unit of land affected by the property line adjustment is larger than the size granted by the waiver.

5. Any property line adjustment that results in an existing dwelling being located on a different parcel shall not be subject to the standards in MCC 17.136.030(A) so long as the adjustment:

a. Does not increase any adverse impacts on the continued practice of commercial agriculture on the resulting parcels;

b. Does not increase the potential number of dwellings on the resulting parcels; and

c. Does not allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be used to qualify another tract for a dwelling if the land use approval would be based on an acreage standard. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.090.]

The following standards apply to development in an EFU zone:

A. Maximum Height.

1. Dwellings: 35 feet.

2. Farm-related structures on farm parcels: none.

3. Nonresidential and non-farm structures: 35 feet unless they are in conjunction with conditional uses allowed in MCC 17.136.050, and a greater height is requested and approved as part of the conditional use permit.

B. Minimum Setbacks. Except as required in MCC 17.136.070(A), the following setback requirements shall be implemented for all new structures other than farm-exempt buildings, signs and fences:

1. Rear Yard. A minimum of 20 feet.

2. Side Yard. A minimum of 20 feet, except for lots or parcels of one-half acre or smaller created prior to January 1, 1994, in which case the side yard setback shall be five feet.

3. Front Yard. A minimum of 20 feet. When by ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply (see Chapter 17.112 MCC).

C. Declaratory Statement. For all dwellings, and other uses deemed appropriate, the property owner shall be required to sign and allow the entering of the following declaratory statement into the chain of title of the lot(s) or parcel(s):

The property herein described is situated in or near a farm or forest zone or area in Marion County, Oregon, where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents, property owners and visitors may be subjected to common, customary and accepted farm or forest management practices conducted in accordance with federal and state laws that ordinarily and necessarily produce noise, dust, smoke and other impacts. The grantors, including their heirs, assigns and lessees do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of establishing a dwelling, structure or use in this area, and acknowledge the need to avoid activities that conflict with nearby farm and forest uses and practices, grantors will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937.

[Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.100.]

A. After June 29, 1994, it shall be a condition of approval that a new deed be recorded consolidating all contiguous lands in the same ownership when such contiguous lots or parcels are included in the application and must be considered in order for the application to meet the applicable criteria and standards. Consolidation shall be accomplished prior to exercising the rights granted in the land use decision and obtaining building permits, or concurrent with filing of a partitioning plat or property line adjustment survey.

B. Where a land use action prior to June 29, 1994, required that contiguous lots or parcels be considered a single lot or parcel, they shall continue to be considered a single lot or parcel for land use purposes. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.110.]

A. Notwithstanding other provisions of this title, a discretionary decision, except for a land division, approving a proposed development in the EFU zone expires two years from the date of the final decision if the development action is not initiated and all required conditions are met in that period. The director may grant an extension period of up to 12 months if:

1. An applicant makes a written request for an extension of the development approval period.

2. The request is submitted to the county prior to expiration of the approval period.

3. The applicant states the reasons that prevented the applicant from beginning or continuing development within the approval period.

4. The county determines that the applicant was unable to begin or continue development during the approval period for reasons for which the applicant was not responsible.

B. Approval of an extension granted under this section is not a land use decision as described in ORS 197.015 and is not subject to appeal as a land use decision.

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

D. If a permit is approved for a proposed residential development in the EFU zone, the permit shall be valid for four years. For the purposes of this subsection, “residential development” only includes the dwellings provided for under MCC 17.136.020(D), 17.136.030(D) and 17.136.050(A).

E. The first extension of a permit consistent with subsection (D) of this section and with subsections (A)(1) through (4) of this section and where applicable criteria for the decision have not changed shall be valid for two years.

F. Up to five additional extensions of the permit consistent with subsection (D) of this section and with subsections (A)(1) through (4) of this section and where applicable criteria for the decision have not changed shall be valid for one year each. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.120.]

For purposes of approving an application for a dwelling not in conjunction with farm use under MCC 17.136.050(A), the soil class, soil rating, or other soil designation of a specific lot or parcel may be changed if the property owner submits a soil assessment prepared by a professional soil classifier that has been reviewed and approved by the Department of Land Conservation and Development as meeting the requirements in OAR 660-033-0045. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.130.]

The following terms apply to this chapter and have no relevance to the same terms used in other chapters of this title unless specifically stated:

A. Filming Activities. On-site filming and activities accessory to on-site filming include filming and site preparation, construction of sets, staging, makeup and support services customarily provided for on-site filming. Production of advertisements, documentaries, feature films, television services and other film production that rely on the rural qualities of an EFU zone in more than an incidental way. It does not include facilities for marketing, editing and other such activities that are allowed only as a home occupation or construction of new structures that require a building permit.

B. “Commercial dairy farm” means a dairy operation that owns a sufficient number of producing dairy animals capable of earning the gross annual income required by MCC 17.136.030(A)(1) or (2).

C. “Golf course” means an area of land with highly maintained natural turf laid out for the game of golf with a series of nine or more holes, each including a tee, a fairway, a putting green, and often one or more natural or artificial hazards. A “golf course” means a nine- or 18-hole regulation golf course, or golf tournament, consistent with the following:

1. A regulation 18-hole golf course is generally characterized by a site of about 120 to 150 acres of land, has a playable distance of 5,000 to 7,200 yards, and a par of 64 to 73 strokes.

2. A regulation nine-hole golf course is generally characterized by a site of about 65 to 90 acres of land, has a playable distance of 2,500 to 3,600 yards, and a par of 32 to 36 strokes.

3. An accessory use to a golf course is a facility or improvement that is incidental to the operation of the golf course and is either necessary for the operation and maintenance of the golf course or that provides goods or services customarily provided to golfers at a golf course and conforms to the following:

a. An accessory use or activity does not serve the needs of the non-golfing public. Accessory uses to a golf course include parking, maintenance buildings, cart storage and repair, practice range or driving range, clubhouse, restrooms, lockers and showers, food and beverage service, pro shop, and a practice or beginners course.

b. Accessory uses to a golf course do not include sporting facilities unrelated to golf such as tennis courts, swimming pools, or weight rooms, wholesale or retail operations oriented to the non-golfing public, or housing.

c. A use is accessory to a golf course only when limited in size and orientation to serve the needs of persons and their guests who patronize the golf course to golf.

d. Commercial activities such as food and beverage service and pro shop are accessory to a golf course only when located in the clubhouse.

e. Accessory uses may include one or more food and beverage service facilities in addition to food and beverage service facilities located in a clubhouse. Food and beverage service facilities must be part of and incidental to the operation of the golf course and must be limited in size and orientation on the site to serve only the needs of persons who patronize the golf course and their guests. Accessory food and beverage service facilities shall not be designated for or include structures for banquets, public gatherings or public entertainment.

D. “High-value farmland” means a tract composed predominantly of:

1. Soils rated Class I or II, prime, or unique, either irrigated or not irrigated;

2. The following Class III soils: Chehalem (CeC), Concord (Co), Hullt (HuD), Jory (JoD), Nekia (NeC, NeD, NkC), Salkum (SkD), Silverton (SuD), and Woodburn (WuD);

3. The following Class IV soils: Bashaw (Ba), Camas (Ca), Courtney (Cu), Dayton (Da), and Jory (JoE).

E. Seasonal Farm Worker. Any person who, for an agreed remuneration or rate of pay, performs temporary labor for another to work in production of farm products or planting, cultivating or harvesting of seasonal agricultural crops or in forestation or reforestation of lands, including but not limited to the planting, transplanting, tubing, pre-commercial thinning and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash and other related activities.

F. Tract. One or more contiguous lots or parcels under the same ownership. [Ord. 1326 § 4 (Exh. A), 2012; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 8, 2000. RZ Ord. § 136.140.]

The SA (special agriculture) zone is applied in areas characterized by small farm operations or areas with a mixture of good and poor farm soils where the existing land use pattern is a mixture of large and small farm units and some acreage homesites. The farm operations range widely in size and include grazing of livestock, orchards, grains and grasses, Christmas trees and specialty crops. The range in size of management units presents no significant conflicts and allows optimum resource production from areas with variable terrain and soils. It is not deemed practical or necessary to the continuation of the commercial agricultural enterprise that contiguous ownerships be consolidated into large parcels suitable for large-scale management. Subdivision and planned developments, however, are not consistent with the purpose of this zone and are prohibited.

This zone allows the flexibility in management needed to obtain maximum resource production from these lands. It emphasizes farm use but forest use is allowed and protected from conflicts. The SA zone is intended to be applied in areas designated special agriculture in the Marion County Comprehensive Plan.

The SA zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county.

The SA zone retains Class I through IV soils in commercial farm units comparable to those in the vicinity or in small-scale or specialty commercial farms where the land is especially suited for such farming. The SA zone is intended to be a farm zone consistent with ORS 215.283. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.010.]

Within an SA zone, no building, structure or premises shall be used, arranged or designed to be used, erected, structurally altered or enlarged except for one or more of the following uses:

A. Farm uses (see farm use definition, MCC 17.110.223), provided a medical marijuana producer as defined in MCC 17.110.378 shall have visible grow lights turned off between the hours 7:00 p.m. and 7:00 a.m. and all activity shall take place indoors.

B. The propagation or harvesting of a forest product.

C. Buildings, other than dwellings, customarily provided in conjunction with farm use.

D. Alteration, restoration, or replacement of a lawfully established dwelling with filing of the declaratory statement in MCC 17.137.100(C), when the dwelling:

1. Is assessed in the current county assessor’s records as a site-built dwelling or manufactured home.

2. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use:

a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055; or

b. If the dwelling to be replaced is in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the permitting authority that is not less than 90 days after the replacement permit is issued; and

c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant must obtain approval from the permitting authority for the new location.

3. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted to a nonresidential use.

4. Replacement dwellings may sited on any part of the same lot or parcel. If the dwelling to be replaced is located on a portion of the lot or parcel not zoned SA or EFU (exclusive farm use), the applicant shall execute and record in the deed records a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of this section regarding replacement dwellings have changed to allow the siting of another dwelling.

5. Replacement under this section includes a dwelling replaced pursuant to MCC 17.137.080(C) when a fire report is provided at the time building permits are applied for.

6. Accessory farm dwellings destroyed by a wildfire identified in an executive order issued by the Governor in accordance with the Emergency Conflagration Act, ORS 476.510 through 476.610, may be replaced. The temporary use of modular structures, manufactured housing, fabric structures, tents and similar accommodations is allowed until replacement under this subsection occurs.

E. Operations for the exploration for geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead. Any activities or construction relating to such operations shall not be a basis for an exception under ORS 197.732.

F. Operations for the exploration for minerals as defined by ORS 517.750.

G. Widening of roads including public road and highway projects as follows:

1. Climbing and passing lanes within the street right-of-way existing as of July 1, 1987.

2. Reconstruction or modification of public streets, including the placement of utility facilities overhead and in the subsurface of public roads and highways along public right-of-way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new parcels result.

3. Temporary public street detours that will be abandoned and restored to original condition or use at such time as no longer needed.

4. Minor betterment of existing public street related facilities such as maintenance yards, weigh stations and rest areas, within rights-of-way existing as of July 1, 1987, and contiguous publicly owned property utilized to support the operation and maintenance of public streets.

H. Creation of, restoration of, or enhancement of wetlands.

I. On-site filming and activities accessory to filming, as defined in MCC 17.137.130(A), if the activity would involve no more than 45 days on any site within a one-year period.

J. Composting operations and facilities limited to those that are accepted farming practices in conjunction with and auxiliary to farm use on the subject tract, and that meet the performance and permitting requirements of the Department of Environmental Quality under OAR 340-093-0050 and 340-096-0060. Excess compost may be sold to neighboring farm operations in the local area and shall be limited to bulk loads of at least one unit (7.5 cubic yards) in size. Buildings and facilities used in conjunction with the composting operation shall only be those required for the operation of the subject facility.

K. Single agri-tourism or other commercial event, excluding events that promote the sale of marijuana products or extracts, subject to MCC 17.125.130. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.020.]

The following dwellings may be established in the SA zone with filing of the declaratory statement in MCC 17.137.100(C), subject to approval by the director, based on satisfaction of the standards and criteria listed for each type of dwelling, pursuant to the procedures in Chapter 17.115 MCC.

A. Primary Farm Dwellings. A single-family dwelling customarily provided in conjunction with farm use. The dwelling will be considered customarily provided in conjunction with farm use when:

1. It is located on high-value farmland, as defined in MCC 17.137.130(D), and satisfies the following standards:

a. There is no dwelling on the subject farm operation on lands zoned EFU, SA, or FT other than seasonal farm worker housing. The term “farm operation” means all lots or parcels of land in the same ownership that are used by the farm operator for farm use;

b. The farm operator earned on the subject tract in the last two years, three of the last five years, or the average of the best three of the last five years at least $80,000 in gross annual income from the sale of farm products, not including marijuana. In determining gross annual income from the sale of farm products, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. Only gross income from land owned, not leased or rented, shall be counted;

c. The subject tract is currently employed for the farm use that produced the income required in subsection (A)(1)(b) of this section;

d. The proposed dwelling will be occupied by a person or persons who produced the commodities which generated the income in subsection (A)(1)(b) of this section; or

2. It is not located on high-value farmland, as defined in MCC 17.137.130(D), and satisfies the following standards:

a. There is no other dwelling on the subject farm operation on lands zoned EFU, SA or FT other than seasonal farm worker housing. The term “farm operation” means all lots or parcels of land in the same ownership that are used by the farm operator for farm use;

b. The farm operator earned on the subject tract in the last two years, three of the last five years, or the average of the best three of the last five years at least $40,000 in gross annual income from the sale of farm products, not including marijuana. In determining the gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. Only gross income from land owned, not leased or rented, shall be counted;

c. The subject tract is currently employed for the farm use that produced the income required in subsection (A)(2)(b) of this section;

d. The dwelling will be occupied by a person or persons who produced the commodities which generated the income required in subsection (A)(2)(b) of this section; or

3. It is not located on high-value farmland, as defined in MCC 17.137.130(D), and satisfies the following standards:

a. There is no other dwelling on the subject farm operation on lands zoned EFU, SA or FT other than seasonal farm worker housing. The term “farm operation” means all lots or parcels of land in the same ownership that are used by the farm operator for farm use;

b. The parcel on which the dwelling will be located is at least 160 acres;

c. The subject tract is currently employed for farm use, as defined in ORS 215.203, other than marijuana production;

d. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land, such as planting, harvesting, marketing, or caring for livestock, at a commercial scale;

4. It is in conjunction with a commercial dairy farm as defined in MCC 17.137.130(B) and if:

a. The subject tract will be employed as a commercial dairy as defined; and

b. The dwelling is sited on the same lot or parcel as the buildings required by the commercial dairy; and

c. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract; and

d. The dwelling will be occupied by a person or persons who will be principally engaged in the operation of the commercial dairy farm, such as the feeding, milking or pasturing of the dairy animals or other farm activities necessary to the operation of the commercial dairy farm; and

e. The building permits, if required, have been issued for and construction has begun for the buildings and animal waste facilities required for a commercial dairy farm; and

f. The Oregon Department of Agriculture has approved the following:

i. A permit for a confined animal feeding operation under ORS 468B.050 and 468B.200 through 468B.230; and

ii. A producer license for the sale of dairy products under ORS 621.072;

5. The applicant had previously operated a commercial farm use and if:

a. Within the previous two years, the applicant owned and operated a different farm or ranch operation that earned the gross farm income in each of the last five years or four of the last seven years as required by subsection (A)(1) or (2) of this section, whichever is applicable;

b. The subject lot or parcel on which the dwelling will be located is:

i. Currently employed for the farm use, as defined in this title, that produced in the last two years, three of the last five years, or the average of the best three of the last five years the gross farm income required by subsection (A)(1) or (2) of this section, whichever is applicable; and

ii. At least the size of the applicable minimum lot size in this chapter; and

(A) Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract; and

(B) The dwelling will be occupied by a person or persons who produced the commodities that grossed the income in subsection (A)(5)(a) of this section;

(C) In determining the gross income required by subsections (A)(5)(a) and (A)(5)(b)(i) of this section, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract, and only gross income from land owned, not leased or rented, shall be counted;

6. All of the property in a tract used for the purposes of establishing a farm dwelling shall be held, sold and conveyed subject to the following covenants, conditions and restrictions:

It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling.

These covenants, conditions, and restrictions can be removed only at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed and the authorized representative of the county or counties in which the property subject to these covenants, conditions and restrictions is located executes and records a release of the covenants, conditions and restrictions, consistent with OAR 660-006-0027.

B. Secondary Farm Dwellings. Secondary (accessory) dwellings customarily provided in conjunction with farm use. The dwelling will be considered customarily provided in conjunction with farm use when:

1. The primary dwelling and the proposed dwelling will each be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year-round assistance in the management of the farm uses, such as planting, harvesting, marketing or caring for livestock, is or will be required by the farm operator.

2. There is no other dwelling on lands in the EFU, SA or FT zone owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm and could reasonably be used as an additional farm dwelling.

3. The proposed dwelling will be located:

a. On the same lot or parcel as the primary farm dwelling; or

b. On the same contiguous ownership as the primary dwelling, and the lot or parcel on which the proposed dwelling will be sited is consolidated into a single parcel with all other contiguous lots and parcels in the same ownership; or

c. On a lot or parcel on which the primary farm dwelling is not located, when the secondary farm dwelling is limited to only a manufactured dwelling with a deed restriction filed with the county clerk. The deed restriction shall require the additional dwelling to be removed when the lot or parcel is conveyed to another party. Occupancy of the additional farm dwelling shall continually comply with subsection (B)(1) of this section; or

d. On any lot or parcel, when the accessory farm dwelling is limited to only attached multi-unit residential structures allowed by the applicable state building code, or similar types of farm worker housing, as that existing on farm operations registered with the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division under ORS 658.750. The county shall require all accessory farm dwellings approved under this subsection to be removed, demolished or converted to a nonresidential use when farm worker housing is no longer required; or

e. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size and the lot or parcel complies with the gross farm income requirements in subsection (B)(4) of this section, whichever is applicable.

4. The primary dwelling to which the proposed dwelling would be accessory satisfies the following criteria:

a. On land not identified as high-value farmland, the primary farm dwelling is located on land that is currently employed for farm use and the farm operator earned at least $40,000 in gross annual income from the sale of farm products, not including marijuana, in the last two years, three of the last five years, or the average of the best three of the last five years; or

b. On land identified as high-value farmland, the primary farm dwelling is located on land that is currently employed for farm use and the farm operator earned at least $80,000 in gross annual income from the sale of farm products, not including marijuana, in the last two years, three of the last five years, or the average of the best three of the last five years.

c. The primary dwelling is located on a commercial dairy farm as defined in this chapter; and

i. The building permits, if required, have been issued and construction has begun or been completed for the buildings and animal waste facilities required for a commercial dairy farm; and

ii. The Oregon Department of Agriculture has approved a permit for a confined animal feeding operation under ORS 468B.050 and 468B.200 to 468B.230; and

iii. The Oregon Department of Agriculture has approved a producer license for the sale of dairy products under ORS 621.072.

d. In determining the gross income in subsections (B)(4)(a) and (b) of this section, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract.

5. The dwelling will be consistent with the fish and wildlife habitat policies of the Comprehensive Plan if located in a designated big game habitat area.

6. A deed restriction filed with the county clerk requiring removal of the home, or removal, demolition or conversion to a nonresidential use if other residential structures are used, when the occupancy or use no longer complies with the criteria or standards under which the home was originally approved.

C. A secondary single-family dwelling on real property used for farm use subject to the following standards:

1. A dwelling on property used for farm use located on the same lot or parcel as the dwelling of the farm operator, and occupied by a relative of the farm operator or farm operator’s spouse, which means grandparent, step-grandparent, grandchild, parent, step-parent, child, step-child, brother, sister, step-sibling, niece, nephew or first cousin of either, if the farm operator does or will require the assistance of the relative in the management of the farm use.

2. The farm operator shall continue to play the predominant role in management and use of the farm. A farm operator is a person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding, and marketing.

3. A deed restriction is filed with the county clerk requiring removal of the dwelling when the occupancy or use no longer complies with the criteria or standards under which the dwelling was originally approved.

4. For purposes of this section, a commercial farm operation is one that meets the income requirements for a primary farm dwelling identified in subsection (A)(1)(b) of this section.

5. All of the property in a tract used for the purposes of establishing a farm dwelling shall be held, sold and conveyed subject to the following covenants, conditions and restrictions:

It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling.

These covenants, conditions, and restrictions can be removed only at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed and the authorized representative of the county or counties in which the property subject to these covenants, conditions and restrictions is located executes and records a release of the covenants, conditions and restrictions, consistent with OAR 660-006-0027.

D. Lot-of-Record Dwellings. A single-family dwelling subject to the following standards and criteria:

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

a. Since prior to January 1, 1985; or

b. By devise or intestate succession from a person who acquired and had owned continuously the lot or parcel since prior to January 1, 1985.

c. “Owner,” as the term is used in this subsection only, 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, step-parent, step-child, grandparent, or grandchild of the owner or business entity owned by any one or a combination of these family members.

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

3. The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, and no dwelling exists on another lot or parcel that was part of that tract.

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

5. The request is not prohibited by, and complies with, the Comprehensive Plan and other provisions of this title, including but not limited to floodplain, greenway, and big game habitat area restrictions.

6. The proposed dwelling will not:

a. Exceed the facilities and service capabilities of the area.

b. Create conditions or circumstances contrary to the purpose of the special agriculture zone.

7. A lot-of-record dwelling approval may be transferred one time only by a person who has qualified under this section to any other person after the effective date of the land use decision.

8. The county assessor shall be notified that the county intends to allow the dwelling.

9. The lot or parcel on which the dwelling will be sited is not high-value farmland as defined in MCC 17.137.130(D); or

10. The lot or parcel on which the dwelling will be sited is high-value farmland as defined in MCC 17.137.130(D)(2) or (3) and:

a. Is 21 acres or less in size;

b. The tract on which the dwelling is to be sited is not a flag lot and is:

i. Bordered on at least 67 percent of its perimeter by tracts that are smaller than 21 acres, and at least two such tracts had dwellings on them on January 1, 1993; or

ii. Bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract. No more than two of the four dwellings may be within an urban growth boundary;

c. The tract on which the dwelling is to be sited is a flag lot and is:

i. Bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract and on the same side of the public road that provides access to the subject tract. The board, or its designee, must interpret the center of the subject tract as the geographic center of the flag lot if the applicant makes a written request for that interpretation and that interpretation does not cause the center to be located outside the flag lot. Up to two of the four dwellings may lie within an urban growth boundary, but only if the subject tract abuts an urban growth boundary.

ii. “Flag lot” means a tract containing a narrow strip or panhandle of land providing access from the public road to the rest of the tract.

iii. “Geographic center of the flag lot” means the point of intersection of two perpendicular lines of which the first line crosses the midpoint of the longest side of a flag lot, at a 90-degree angle to the side, and the second line crosses the midpoint of the longest adjacent side of the flag lot; or

11. The lot or parcel on which the dwelling is to be sited is high-value farmland as defined in MCC 17.137.130(D)(1) and:

a. The hearings officer determines that:

i. 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. For the purposes of this section, this criterion asks whether the subject lot or parcel can be physically put to farm use without undue hardship or difficulty because of extraordinary circumstances inherent in the land or its physical setting. Neither size alone nor a parcel’s limited economic potential demonstrate that a lot or parcel cannot be practicably managed for farm use. Examples of extraordinary circumstances inherent in the land or its physical setting include very steep slopes, deep ravines, rivers, streams, roads, railroad or utility lines or other similar natural or physical barriers that by themselves or in combination separate the subject lot or parcel from adjacent agricultural land and prevent it from being practicably managed for farm use by itself or together with adjacent or nearby farms. A lot or parcel that has been put to farm use despite the proximity of a natural barrier or since the placement of a physical barrier shall be presumed manageable for farm use; and

ii. The use will not force a significant change in or significantly increase the cost of farm or forest practices on surrounding lands devoted to farm or forest use; and

iii. The dwelling will not materially alter the stability of the overall land use pattern in the area. To address this standard, the following information shall be provided:

(A) Identify a study area for the cumulative impacts analysis. The study area shall include at least 2,000 acres or a smaller area not less than 1,000 acres, if the smaller area is a distinct agricultural area based on topography, soil types, land use pattern, or the type of farm operations or practices that distinguish it from other, adjacent agricultural areas. Findings shall describe the study area, its boundaries, the location of the subject parcel within this area, and why the selected area is representative of the land use pattern surrounding the subject parcel and is adequate to conduct the analysis required by this standard. Lands zoned for rural residential or other urban or non-resource uses shall not be included in the study area;

(B) Identify within the study area the broad types of farm uses (irrigated or nonirrigated crops, pasture or grazing lands), the number, location and type of existing dwellings (farm, non-farm, hardship, etc.), and the dwelling development trends since 1993. Determine the potential number of non-farm/lot-of-record dwellings that could be approved under subsection (D) of this section and MCC 17.137.050(A), including identification of predominant soil classifications and parcels created prior to January 1, 1993. The findings shall describe the existing land use pattern of the study area including the distribution and arrangement of existing uses and the land use pattern that could result from approval of the possible non-farm dwellings under this provision;

(C) Determine whether approval of the proposed non-farm/lot-of-record dwellings together with existing non-farm dwellings will materially alter the stability of the land use pattern in the area. The stability of the land use pattern will be materially altered if the cumulative effect of existing and potential non-farm dwellings will make it more difficult for the existing types of farms in the area to continue operation due to diminished opportunities to expand, purchase, lease farmland, acquire water rights or diminish the number of tracts or acreage in farm use in a manner that will destabilize the overall character of the study area.

b. The county shall provide notice of the application for a dwelling allowed under this subsection to the Oregon Department of Agriculture.

E. Dwelling Alteration and Replacement. Alteration, restoration or replacement of a lawfully established dwelling with filing of the declaratory statement in MCC 17.137.100(C), other than as permitted in MCC 17.137.020(D), when:

1. The dwelling to be altered, restored or replaced has or formerly had:

a. Intact exterior walls and roof structure;

b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

c. Interior wiring for interior lights;

d. A heating system; and

2. In addition to the provisions of subsection (E)(1) of this section, the dwelling to be replaced meets one of the following conditions:

a. If the dwelling was removed, destroyed or demolished;

i. The dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; and

ii. Any removal, destruction, or demolition occurred on or after January 1, 1973.

b. If the dwelling is currently in such a state of disrepair that the dwelling is unsafe for occupancy or constitutes an attractive nuisance, the dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; or

c. A dwelling not described in subsection (E)(2)(a) or (b) of this section was assessed as a dwelling for the purposes of ad valorem taxation:

i. For the previous five property tax years; or

ii. From the time when the dwelling was erected upon or affixed to the land and became subject to assessment as described in ORS 307.010;

3. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use:

a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055; or

b. If the dwelling to be replaced is, in the discretion of the permitting authority, in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the permitting authority that is not less than 90 days after the replacement permit is issued; and

c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant must obtain approval from the permitting authority for the new location;

4. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted;

5. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the county in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, or the director’s designee, places a statement of release in the deed records of the county to the effect that the provisions of 2013 Oregon Laws, Chapter 462, Section 2 and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling;

6. A replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling;

7. The replacement dwelling must be sited on the same lot or parcel consistent with the following:

a. Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line, forest boundary or another natural boundary of the lot or parcel; and

b. If possible, for the purpose of minimizing the adverse impacts on resource use of land in the area, within a concentration or cluster of structures or within 500 yards of another structure. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.030.]

The following uses may be permitted in the SA zone subject to approval of the request by the director, based on satisfaction of the standards and criteria specified for each use, pursuant to the procedures in Chapter 17.115 MCC:

A. Farm Stand. Farm stand subject to the following standards:

1. The structures shall be designed and used for sale of farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in the state of Oregon, including processed food items, and the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand; and

2. Annual sales of the incidental items and fees from promotional activity, sales of farm crops produced outside the state of Oregon, and sales of prepared food items together cannot make up more than 25 percent of the total annual sales of the farm stand; and

3. The farm stand does not include structures designed for occupancy as a residence or for activities other than the sale of farm crops and livestock and does not include structures for banquets, public gatherings or public entertainment;

4. As used in this section, “processed food items” means farm crops and livestock that have been converted into other products through canning, drying, baking, freezing, pressing, butchering or other similar means of adding value to the farm product, such as jams, syrups, apple cider, and similar animal products, but not prepared food items;

5. As used in this section, “prepared food items” means food products that are prepared for immediate consumption, such as pies, shortcake, milk shakes, smoothies, and baked goods;

6. Adequate off-street parking shall be provided and all vehicle maneuvering will be conducted on site. No vehicle backing or maneuvering shall occur within adjacent roads, streets or highways;

7. No farm stand building or parking is permitted within the right-of-way;

8. Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips;

9. Approval is required from the county public works department regarding adequate egress and access including compliance with vision clearance standards. All egress and access points shall be clearly marked;

10. All outdoor light fixtures shall be directed downward, and have full cutoff and full shielding to preserve views of the night sky and to minimize excessive light spillover onto adjacent properties, roads and highways;

11. Signs are permitted consistent with Chapter 17.191 MCC;

12. All required permits shall be obtained from the Marion County health department or the Department of Agriculture, as required;

13. When requested by the planning director, the farm stand operator/landowner shall submit a statement demonstrating how the farm stand complies with this policy, certified by the landowner’s/operator’s accountant or attorney as being accurate and complete;

14. A farm stand may not be used for the sale of marijuana products or to promote the sale of marijuana products or extracts.

B. Winery. A winery subject to the standards in MCC 17.125.030 or 17.125.035.

C. Religious Organizations and Cemeteries. Religious organizations and cemeteries in conjunction with religious organizations subject to the following:

1. New religious organizations and cemeteries in conjunction with religious organizations:

a. May not be established on high-value farmland.

b. New religious organizations and cemeteries in conjunction with religious organizations, not on high-value farmland, may be established. All new religious organizations and cemeteries in conjunction with religious organizations within three miles of an urban growth boundary shall meet the following standards:

i. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved, unless an exception is approved pursuant to OAR Chapter 660, Division 004.

ii. Any new enclosed structure or group of enclosed structures subject to this section shall be situated no less than one-half mile from other enclosed structures approved under OAR 660-33-130(2) on the same tract.

iii. For the purposes of this subsection, “tract” means a tract as defined in MCC 17.137.130(F) in existence on May 5, 2010.

2. Existing religious organizations and cemeteries in conjunction with religious organizations:

a. Existing religious organizations and cemeteries in conjunction with religious organizations may be maintained, enhanced, or expanded on the same tract wholly within a farm zone.

b. Existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits in subsections (C)(1)(b)(i) through (iii) of this section.

D. Public and Private Schools. Public or private schools for kindergarten through grade 12, including all buildings essential to the operation of a school, subject to the following:

1. New schools primarily for the residents of the rural area in which the school is located:

a. New schools may not be established on high-value farmland.

b. New schools not on high-value farmland may be established. Any new school within three miles of an urban growth boundary shall meet the following standards:

i. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved, unless an exception is approved pursuant to OAR Chapter 660, Division 004.

ii. Any new enclosed structure or group of enclosed structures subject to this section shall be situated no less than one-half mile from other enclosed structures approved under OAR 660-33-130(2) on the same tract.

iii. For the purposes of this subsection, “tract” means a tract as defined in MCC 17.137.130(F) in existence on May 5, 2010.

c. New schools must be determined to be consistent with the provisions contained in MCC 17.137.060(A)(1).

2. Existing schools primarily for the residents of the rural area in which the school is located:

a. Existing schools on high-value farmland may be maintained, enhanced, or expanded on the same tract wholly within a farm zone.

b. Existing schools not on high-value farmland may be maintained, enhanced, or expanded consistent with the provisions contained in MCC 17.137.060(A)(1).

c. Existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits in subsections (D)(1)(b)(i) through (iii) of this section.

3. Existing schools that are not primarily for residents of the rural area in which the school is located may be expanded on the tax lot on which the use was established or on a contiguous tax lot owned by the applicant on January 1, 2009; however, existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits in subsection (D)(1)(b)(i) through (iii) of this section.

E. Filming Activities. On-site filming and activities accessory to filming, defined in MCC 17.137.130(A), if the activity:

1. Involves filming or activities accessory to filming for more than 45 days; or

2. Involves erection of sets that would remain in place longer than any 45-day period;

3. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use.

F. Facilities for Processing Farm Crops. A facility for the processing of farm crops, an establishment for the slaughter, processing or selling of poultry or poultry products pursuant to ORS 603.038, or the production of biofuel as defined in ORS 315.141, subject to the following:

1. A processing area of less than 10,000 square feet shall be established. The processing facility shall comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits siting of the processing facility.

2. Uses less than 2,500 square feet for its processing area shall be allowed notwithstanding any applicable siting standard. However, applicable standards and criteria pertaining to floodplains, geologic hazards, airport safety and fire siting standards shall apply.

3. Division of a lot or parcel that separates a processing facility from the farm operation on which is it is located shall not be approved.

4. A medical marijuana processor as defined in MCC 17.110.376 shall:

a. Be conducted entirely indoors; and

b. Emit no light visible to adjacent neighboring property owners or the public; and

c. Ensure odors are not detectable on adjacent neighboring properties.

5. As used in this section, the following definitions apply:

a. “Facility for the processing of farm products” means a facility for:

i. Processing farm crops, including the production of biofuel as defined in ORS 315.141, if at least one-quarter of the farm crops come from the farm operation containing the facility; or

ii. Slaughtering, processing or selling poultry or poultry products from the farm operation containing the facility and consistent with the licensing exemption for a person under ORS 603.038(2).

b. “Processing area” means the floor area of a building dedicated to farm product processing. “Processing area” does not include the floor area designated for preparation, storage or other farm use.

G. Model Aircraft. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary, subject to the following:

1. Buildings and facilities associated with a site for the takeoff and landing of model aircraft shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility pre-existed the use.

2. The site shall not include an aggregate surface or hard area surface unless the surface pre-existed the use.

3. As used in this section, “model aircraft” means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and controlled by radio, lines or design by a person on the ground.

4. An owner of property used for the purpose authorized in this subsection may charge a person operating the use on the property rent for the property. An operator may charge users of the property a fee that does not exceed the operator’s cost to maintain the property, buildings and facilities.

H. Repealed by Ord. 1397.

I. 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 200 feet in height. A facility is necessary if it must be situated in the SA zone in order for the service to be provided. An applicant must demonstrate that reasonable alternatives have been considered and that the facility must be sited in an SA zone due to one or more of the following factors as found in OAR 660-033-0130(16):

1. Technical and engineering feasibility;

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

3. Lack of available urban and nonresource lands;

4. Availability of existing rights-of-way;

5. Public health and safety; and

6. Other requirements of state and federal agencies.

a. Costs associated with any of the factors listed above may be considered, but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities and the siting of utility facilities that are not substantially similar.

b. The owner of a utility facility approved under this section shall be responsible for restoring to its former condition as nearly as possible, any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration.

c. The applicant shall address the requirements of MCC 17.137.060(A)(1).

d. In addition to the provisions above, the establishment or extension of a sewer system as defined by OAR 660-011-0060(1)(f) in a special agriculture zone shall be subject to the provisions of OAR 660-011-0060.

e. The provisions of this subsection do not apply to interstate natural gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission.

f. If the criteria contained in this subsection (I) for siting a utility facility on land zoned for exclusive farm use are met for a utility facility that is a transmission line, the utility provider shall, after the route is approved by the siting authorities and before construction of the transmission line begins, consult the record owner of high-value farmland in the planned route for the purpose of locating and constructing the transmission line in a manner that minimizes the impact on farming operations on high-value farmland. If the record owner does not respond within two weeks after the first documented effort to consult the record owner, the utility provider shall notify the record owner by certified mail of the opportunity to consult. If the record owner does not respond within two weeks after the certified mail is sent, the utility provider has satisfied the provider’s obligation to consult. The requirement to consult under this section is in addition to and not in lieu of any other legally required consultation process. For the purposes of this subsection:

i. “Consult” means to make an effort to contact for purpose of notifying the record owner of the opportunity to meet.

ii. “Transmission line” means a linear utility facility by which a utility provider transfers the utility product in bulk from a point of origin or generation, or between transfer stations, to the point at which the utility product is transferred to distribution lines for delivery to end users.

7. An associated transmission line shall be considered necessary for public service solely based on the criteria below:

a. “Associated transmission line” means a new transmission line constructed to connect an energy facility to the first point of junction of such transmission line or lines with either a power distribution system or an interconnected primary transmission system or both or to the Northwest Power Grid.

b. An associated transmission line is necessary for public service if it is demonstrated to meet either subsection (I)(7)(b)(i) or (ii) of this section:

i. An applicant demonstrates that the entire route of the associated transmission line meets at least one of the following requirements:

(A) The associated transmission line is not located on high-value farmland, as defined in ORS 195.300, or on arable land;

(B) The associated transmission line is co-located with an existing transmission line;

(C) The associated transmission line parallels an existing transmission line corridor with the minimum separation necessary for safety; or

(D) The associated transmission line is located within an existing right-of-way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground.

ii. After an evaluation of reasonable alternatives, an applicant demonstrates that the entire route of the associated transmission line meets, subject to subsections (I)(7)(b)(iii) and (iv) of this section, two or more of the following criteria:

(A) Technical and engineering feasibility;

(B) The associated transmission line is locationally dependent because the associated transmission line must cross high-value farmland, as defined in ORS 195.300, or arable land to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands;

(C) Lack of an available existing right-of-way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground;

(D) Public health and safety; or

(E) Other requirements of state or federal agencies.

iii. As pertains to subsection (I)(7)(b)(ii) of this section, the applicant shall present findings to the governing body of the county or its designee on how the applicant will mitigate and minimize the impacts, if any, of the associated transmission line on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on the surrounding farmland.

iv. The governing body of a county or its designee may consider costs associated with any of the factors listed in subsection (I)(7)(b)(ii) of this section, but consideration of cost may not be the only consideration in determining whether the associated transmission line is necessary for public service.

J. Parking of not more than seven log trucks on a tract when the use will not:

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

2. Significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use.

K. Fire service facilities providing rural fire protection services.

L. Irrigation reservoirs, canals, delivery lines and those structures and accessory operational facilities, not including parks or other recreational structures and features, associated with a district as defined in ORS 540.505.

M. Utility Facility Service Lines. Utility facility service lines are utility lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following:

1. A public right-of-way;

2. Land immediately adjacent to a public right-of-way, provided the written consent of all adjacent property owners has been obtained; or

3. The property to be served by the utility.

N. Subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with rules adopted under ORS 468B.095, and with the requirements of ORS 215.246, 215.247, 215.249, and 215.251, the land application of reclaimed water, agricultural process or industrial process water or biosolids, or the on-site treatment of septage prior to the land application of biosolids, for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in a special agriculture zone under this chapter. For the purposes of this section, on-site treatment of septage prior to the land application of biosolids is limited to treatment using treatment facilities that are portable, temporary and transportable by truck trailer, as defined in ORS 801.580, during a period of time within which the land application of biosolids is authorized under the license, permit or other approval.

O. Dog training classes or testing trials conducted outdoors or in agricultural buildings existing on June 4, 2012, subject to the following:

1. The number of dogs in each training class shall not exceed 10.

2. There shall be no more than six training classes per day.

3. The number of dogs participating in the testing trials shall not exceed 60.

4. There shall be no more than four testing trials per calendar year.

P. Cider Business. A cider business is subject to the standards in MCC 17.125.140.

Q. Farm Brewery. A farm brewery is subject to the standards in MCC 17.125.150. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1397 § 4 (Exh. B), 2019; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.040.]

The following uses may be permitted in an SA zone subject to obtaining a conditional use permit and satisfying the criteria in MCC 17.137.060(A) and any additional criteria, requirements, and standards specified in this section:

A. Single-family dwelling or mobile home not in conjunction with farm uses, subject to the criteria and standards in MCC 17.137.060(B), 17.137.070, and 17.137.100.

B. Temporary residence for hardship purposes pursuant to MCC 17.120.040 with filing of the declaratory statement in MCC 17.137.100(C).

C. Portable or temporary facility for primary processing of forest products subject to MCC 17.137.060(D).

D. The following commercial uses:

1. Home occupations, including bed and breakfast inns, subject to the criteria in MCC 17.137.060(C) with filing of the declaratory statement in MCC 17.137.100(C).

2. Commercial activities in conjunction with farm use, including the processing of farm crops into biofuel not permitted under MCC 17.137.040(F) and subject to MCC 17.137.060(I), but including a winery not permitted under MCC 17.137.040(B), but not including a medical marijuana processor as defined in MCC 17.110.376, subject to MCC 17.137.060(I).

3. Dog kennels in conjunction with a dwelling occupied by the kennel operator with filing of the declaratory statement in MCC 17.137.100(C).

4. Room and board arrangements for a maximum of five unrelated persons in existing residences with filing of the declaratory statement in MCC 17.137.100(C).

5. The propagation, cultivation, maintenance and harvesting of aquatic species that are not under the jurisdiction of the State Fish and Wildlife Commission.

6. A landscape contracting business, as defined in ORS 671.520, or a business providing landscape architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the growing and marketing of nursery stock on the land that constitutes farm use.

7. Composting Facilities.

a. Existing composting operations and facilities that do not meet MCC 17.137.020(J) may be maintained, enhanced, or expanded on the same tract subject to meeting the performance and permitting requirements of the Department of Environmental Quality (DEQ) under OAR 340-093-0050 and 340-096-0060, subject to compost facility operators preparing, implementing and maintaining a site-specific odor minimization plan that:

i. Meets the requirements of OAR 340-096-0150;

ii. Identifies the distance of the proposed operation to the nearest residential zone;

iii. Includes a complaint response protocol;

iv. Is submitted to the DEQ with the required permit application; and

v. May be subject to annual review by the county to determine if any revisions are necessary.

b. New composting operations and facilities that do not meet MCC 17.137.020(J) may be established on land not defined as high-value farmland subject to the following:

i. Meet the performance and permitting requirements of the Department of Environmental Quality under OAR 340-093-0050 and 340-096-0060; and

ii. Buildings and facilities used in conjunction with the composting operation shall only be those required for the operation of the subject facility; and

iii. On-site sales shall be limited to bulk loads of at least one unit (7.5 cubic yards) in size that are transported in one vehicle.

iv. Compost facility operators must prepare, implement and maintain a site-specific odor minimization plan that:

(A) Meets the requirements of OAR 340-096-0150;

(B) Identifies the distance of the proposed operation to the nearest residential zone;

(C) Includes a complaint response protocol;

(D) Is submitted to the DEQ with the required permit application; and

(E) May be subject to annual review by the county to determine if any revisions are necessary.

8. Operations for the extraction and bottling of water, except in the sensitive groundwater overlay zone.

9. Agri-tourism events and activities excluding events that promote the use or sale of marijuana products or extracts, subject to the requirements in MCC 17.120.090.

10. Dog training classes or testing trials not permitted under MCC 17.137.040(O).

E. The following mining and processing activities:

1. Mining and processing of geothermal resources as defined by ORS 522.005 and oil and gas as defined by ORS 520.005 not otherwise permitted in MCC 17.137.020.

2. Mining of aggregate and other mineral and other subsurface resources subject to ORS 215.298 and MCC 17.120.410 through 17.120.480.

3. Processing, as defined by ORS 517.750, of aggregate into asphalt or portland cement subject to MCC 17.137.060(H)(1) and 17.120.410 through 17.120.480.

4. Processing of other mineral resources and other subsurface resources subject to MCC 17.120.410 through 17.120.480.

F. The following utility uses:

1. Commercial utility facilities for the purpose of generating power, other than wind power generation or photovoltaic solar power generation, for public sale, subject to MCC 17.137.060(E).

2. Wind power generation facilities subject to MCC 17.120.100.

3. Repealed by Ord. 1387.

4. Transmission towers over 200 feet in height.

G. Personal-use airports for airplanes and helicopter pads, including associated hangar, maintenance and service facilities as defined in ORS 215.283(2)(h).

H. The following recreation uses subject to MCC 17.137.060(J):

1. Private parks, playgrounds, hunting and fishing preserves and campgrounds subject to MCC 17.137.060(F) and (H)(2) with filing of the declaratory statement in MCC 17.137.100(C).

2. Public parks, open spaces, and playgrounds including only those uses specified under OAR 660-034-035 or 660-034-0040, whichever is applicable, and consistent with ORS 195.120 and with filing of the declaratory statement in MCC 17.137.100(C).

3. Golf courses, as defined in MCC 17.137.130(C), and subject to the requirements in MCC 17.137.060(G) with filing of the declaratory statement in MCC 17.137.100(C).

4. Living history museum subject to MCC 17.137.060(H)(3) with filing of the declaratory statement in MCC 17.137.100(C).

I. Disposal site for solid waste that has been ordered established by the Oregon Environmental Quality Commission under ORS 459.049, or for which the Department of Environmental Quality has granted a permit under ORS 459.245, together with facilities and buildings for its operation (see specific conditional uses, MCC 17.120.310 through 17.120.380), subject to MCC 17.137.060(H)(2) with filing of the declaratory statement in MCC 17.137.100(C).

J. The following transportation uses:

1. Construction of additional passing and travel lanes requiring the acquisition of right-of-way but not resulting in the creation of new land parcels.

2. Reconstruction or modification of public streets involving the removal or displacement of buildings but not resulting in the creation of new land parcels.

3. Improvement of public street 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.

4. Roads, highways, and other transportation facilities and improvements not otherwise allowed in this chapter, when an exception to statewide Goal 3 and any other applicable statewide planning goal with which the facility or improvement does not comply, and subject to OAR Chapter 660, Division 12.

K. A replacement dwelling to be used in conjunction with farm use with filing of the declaratory statement in MCC 17.137.100(C), if the existing dwelling is listed in the Comprehensive Plan inventory and the National Register of Historic Places as historic property as defined in ORS 358.480.

L. Residential home or adult foster home, as defined in ORS 197.660 and MCC 17.110.477, in an existing dwelling with filing of the declaratory statement in MCC 17.137.100(C).

M. Expansion of existing schools not for kindergarten through grade 12 established on or before January 1, 2009, on the same tract wholly within a farm zone subject to MCC 17.137.060(J). [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1387 § 4 (Exh. A), 2018; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.050.]

The uses identified in MCC 17.137.050 shall satisfy the criteria in the applicable subsections below.

A. The following criteria apply to all conditional uses in the SA zone:

1. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary.

2. Adequate fire protection and other rural services are or will be available when the use is established.

3. The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality.

4. Any noise associated with the use will not have a significant adverse impact on nearby land uses.

5. The use will not have a significant adverse impact on potential water impoundments identified in the Comprehensive Plan, and not create significant conflicts with operations included in the Comprehensive Plan inventory of significant mineral and aggregate sites.

B. Non-Farm Dwellings. The following additional criteria apply to non-farm dwelling requests:

1. The dwelling will be sited on a lot or parcel that is predominantly composed of Class IV through Class VIII soils that would not, when irrigated, be classified as prime, unique, Class I or Class II soils. Soils classifications shall be those of the Soil Conservation Service in its most recent publication, unless evidence is submitted as required in MCC 17.137.120(B).

2. The dwelling will be sited on a lot or parcel that does not currently contain a dwelling and was created before January 1, 1993. The boundary of the lot or parcel cannot be changed after November 4, 1993, in a way that enables the lot or parcel to qualify for a non-farm dwelling.

3. The dwelling will not materially alter the stability of the overall land use pattern of the area. In making this determination the cumulative impact of possible new non-farm dwellings and parcels on other lots or parcels in the area similarly situated shall be considered. To address this standard, information outlined in MCC 17.137.030(D)(11)(a)(iii) shall be provided.

C. Home Occupations.

1. Notwithstanding MCC 17.110.270 and 17.120.075, home occupations, including the parking of vehicles in conjunction with the home occupation and bed and breakfast inns, are subject to the following criteria:

a. A home occupation or bed and breakfast inn shall be operated by a resident of the dwelling on the property on which the business is located. Including residents, no more than five full-time or part-time persons shall work in the home occupation (“person” includes volunteer, nonresident employee, partner or any other person).

b. It shall be operated substantially in:

i. The dwelling; or

ii. Other buildings normally associated with uses permitted in the zone in which the property is located.

c. It shall not unreasonably interfere with other uses permitted in the zone in which the property is located.

d. A home occupation shall not be authorized in structures accessory to resource use on high-value farmland.

e. A sign shall meet the standards in Chapter 17.191 MCC.

f. The property, dwelling or other buildings shall not be used for assembly or dispatch of employees to other locations.

g. Retail and wholesale sales that do not involve customers coming to the property, such as internet, telephone or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation.

2. Notwithstanding MCC 17.110.270 and 17.120.075, an event business hosting weddings, family reunions, class reunions, company picnics, memorials, and similar gatherings may be established as a home occupation subject to the following criteria:

a. Farm Assessment. All or a portion of the subject property where the event business will operate shall be subject to special assessment for farm use.

b. Owner. The property owner of the property upon which the event business is located shall be the operator of the event business and shall reside full-time in the dwelling on the property.

c. Employees. The property owner shall employ on the site no more than five full-time or part-time persons per ORS 215.448(1)(b).

d. Number of Events. A maximum of 18 events per calendar year may be held on the property.

e. Frequency. No more than three events a week shall occur from May 1st to September 30th and one event a week from October 1st to April 30th.

f. Duration. No event shall exceed three consecutive days including setup and take down.

g. Hours of Operation. No event shall take place before the hour of 7:00 a.m. or after the hour of 10:00 p.m. Setup and takedown shall occur as well between the hours of 7:00 a.m. and 10:00 p.m.

h. Guests. The property owner shall ensure that the maximum occupancy approved by the Marion County building official and local fire district is not exceeded in structures on the property at any time. A lower limit may be imposed based on the number of employees able to provide services to the guests. The applicant shall demonstrate how the employees of the business are able to provide services to all the guests at the event. All events shall be conducted in such a way as to comply with conditions of approval placed on the event business operation.

i. Structures. The event business shall be operated substantially in the dwelling, or other buildings normally associated with uses permitted in the zone in which the property is located. New structures shall obtain a building permit for the use. Existing structures shall obtain a change of use from building inspection. In either case, system development charges applied for the additional traffic impacts anticipated shall be paid prior to building permit issuance. Any changes to a structure shall not render the structure a building not normally associated with uses permitted in the zone.

j. Tents. Tents may be used in conjunction with the event business. Tents shall be considered outdoor areas for the purposes of this code.

k. Outdoor Area. For events which take place both indoors and outdoors, at least 80 percent of the area of the property dedicated to the event business shall be indoors and at most 20 percent of the area of the property dedicated to the event business may be outdoors, exclusive of parking.

l. Parking. A parking and traffic circulation plan shall be provided demonstrating adequate parking being provided on site to accommodate all traffic associated with the event business subject to the following:

i. No parking in rights-of-way or roadway easements shall be permitted.

ii. Parking may be provided on a different parcel subject to evidence of an agreement with that property for the use.

iii. Adequate internal circulation shall be provided to ensure that traffic does not cause a significant adverse impact to local roadways.

iv. The parking and traffic circulation plan shall also provide for fire and emergency ingress and egress.

v. Events that take place between October 1st and April 30th shall have parking provided with an all-weather surface consisting of gravel, asphalt, or concrete.

vi. Events that take place between May 1st and September 30th shall either have parking provided with an all-weather surface consisting of gravel, asphalt, or concrete or provided by an earthen or organic surface maintained to minimize fire hazards.

vii. The property owner shall obtain all necessary permits for access and egress, as well as provide a traffic control plan if required by Marion County public works.

viii. The use will not require new driveway access to the street unless approved by public works director. The property owner shall obtain all necessary driveway access permits from the roadway authority to bring the new or existing access into conformance with county standards.

m. Minimum Setbacks. New structures and outdoor areas associated with the event business, including generators and other ancillary uses, but not including parking, shall be set back a minimum of 50 feet from public rights-of-way and adjoining parcels with an existing residence within 50 feet of the site of the event business or approved for a residence within 50 feet of the site of the event business, or zoned acreage residential.

n. Fencing. Property lines adjacent to a property with an existing residence within 50 feet of the site of the event business or approved for a residence within 50 feet of the site of the event business, or zoned acreage residential shall be provided with a solid fence, wall, or hedge. A 15-foot-wide vegetative buffer consisting of trees, which will attain at least eight feet in height within five years, and shrubs, which will provide a complete visual sight buffer within five years, may be substituted for the fence, wall, or hedge.

o. Lighting. Parking lots shall have lighting capable of providing adequate illumination for security and safety. All light sources shall be constructed, down shielded and used so as not to illuminate directly on or create glare visible from adjacent properties or public rights-of-way.

p. Noise. The event business shall comply with Chapter 8.45 MCC related to noise except that no amplified sound or use of a generator shall occur outside of a building before the hour of 7:00 a.m. or after the hour of 10:00 p.m.

q. Signs. In addition to the signs permitted in Chapter 17.191 MCC:

i. One unlighted sign not exceeding 32 square feet related to the event business may be placed on a fence or structure subject to the height, setback, and illumination standards in Chapter 17.191 MCC.

ii. Three unlighted temporary signs not exceeding 32 square feet each may be placed on the property or nearby properties subject to the height, setback, and illumination standards in Chapter 17.191 MCC.

iii. Any temporary sign shall be removed no more than 24 hours after an event.

r. Water Source. If a well is used in conjunction with the business, the property owner shall consult with Marion County health and human services to determine if compliance with a state public water system is required. Any identified public water systems must comply with drinking water quality standards as administered by the Oregon Health Authority Drinking Water Services. The property owner also shall obtain any necessary permits from the Oregon Department of Water Resources. Evidence that required permits were obtained shall be provided to Marion County planning.

s. On-Site Wastewater. The property owner shall obtain all necessary permits for on-site wastewater disposal. In the event that portable restroom facilities, including hand-sanitizing or hand-washing stations, are used, these shall be screened from adjacent lots and rights-of-way by sight-obscuring fences or plantings and be located a minimum of 50 feet from the property lines of all adjoining properties.

t. Kitchen. Any kitchen shall obtain necessary permits from Marion County building inspection and from Marion County health and human services. Evidence that required permits were obtained shall be provided to Marion County planning.

u. Alcohol. If alcohol is served, the property owner shall obtain all necessary permits, or ensure that all necessary permits have been obtained from the Oregon Liquor and Cannabis Commission.

v. Other Uses. The event business shall not unreasonably interfere with other uses permitted in the zone in which the property is located. The property owner shall provide evidence that all contracts include the requirement that the customer has signed and agreed to the following statement:

This event business is situated in or near a farm or forest zone or area in Marion County, Oregon, where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents, property owners, and visitors may be subjected to common, customary and accepted farm or forest management practices conducted in accordance with federal and state laws that ordinarily and necessarily produce noise, dust, smoke and other impacts. I do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of using this venue. I acknowledge the need to avoid activities that conflict with nearby farm and forest uses and practices, signatories will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937.

w. Dispatch of Employees. The property, dwelling, or other buildings shall not be used for assembly or dispatch of employees to other locations.

x. Sales. Retail and wholesale sales that do not involve customers coming to the property, such as internet, telephone, or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation.

y. Alteration of Property. No other alteration of land shall occur other than that approved in conjunction with an approval for an event business subject to the following:

i. On days when events are not occurring, the property shall not take on characteristics of an event business, aside from structures and parking areas approved as part of this permit.

ii. When events are not taking place, any equipment, furniture, or other items related to the event business shall be stored indoors.

z. Transfer of Property. Any approval is only for the property owner at the time of application. If the property is subsequently sold or transferred to another person or entity, the new property owner must indicate review and acceptance of the conditions of the land use approval prior to operating the business.

aa. Annual Submittal. Event business approvals must be renewed every year subject to the property owner providing the following information:

i. Evidence of the annual renewal of permits required by other agencies and departments.

ii. A log of events held the prior calendar year.

iii. Any revisions to the site plan or parking and traffic circulation plan or both. Such revisions may be subject to review and approval by the planning director and public works director for consistency with the home occupation event business approval.

iv. Evidence that the property continues to be subject to special assessment for farm use.

D. Forest Products Processing Facility. A portable or temporary facility for the primary processing of forest products is subject to the following criteria and limitations:

1. The use shall not seriously interfere with accepted farming practices.

2. The use shall be compatible with farm uses described in ORS 215.203(2).

3. The use may be approved for a maximum one-year period, which is renewable.

4. The primary processing of a forest product, as used in this section, means the use of a chipper, stud mill, or other similar facility for 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 tract where the primary processing facility is located.

E. Power Generation Facility. A power generation facility shall not preclude more than:

1. Twelve acres from use as a commercial agricultural enterprise on high-value farmland unless an exception is taken pursuant to OAR Chapter 660, Division 004.

2. Twenty acres from use as a commercial agricultural enterprise on farmland that is not high-value unless an exception is taken pursuant to ORS 197.732 and OAR Chapter 660, Division 004.

F. Private Parks and Campgrounds. Private parks, playgrounds, hunting and fishing preserves, and campgrounds shall meet the following criteria:

1. Except on a lot or parcel contiguous to a lake or reservoir, private campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR Chapter 660, Division 004.

2. It shall be devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes, and is established on a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for recreational use by the occupants of the campground.

3. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites.

4. A camping site shall only be occupied by a tent, travel trailer or recreational vehicle. Private campgrounds may provide yurts for overnight camping subject to the following:

a. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include yurts;

b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.

5. Separate sewer, water or electric service hook-ups shall not be provided to individual campsites.

6. It shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations.

7. Overnight temporary use in the same campground by a camper or camper’s vehicle shall not exceed a total of 30 days during any consecutive six-month period.

G. Golf Course. A golf course is subject to the following limitations:

1. New golf courses shall not be permitted on high-value farmland, as defined in MCC 17.137.130(D).

2. An existing legally established golf course on high-value farmland may be expanded on the same tract consistent with the provisions of MCC 17.137.130(C).

H. Other Uses.

1. New uses that batch and blend mineral and aggregate into asphalt cement may not be authorized within two miles of a planted vineyard. “Planted vineyard” means one or more vineyards totaling 40 acres or more that are planted as of the date the application for batching and blending is filed.

2. For uses listed in MCC 17.137.050(D)(3), (H)(1) and (I), new facilities on high-value farmland shall not be authorized. Existing legally established facilities on high-value farmland may be maintained, enhanced, or expanded on the same tract.

3. A living history museum related to resource-based activities owned and operated by a governmental agency or a local historical society, together with limited commercial activities and facilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historic period or the museum administration building, if areas other than a special agriculture zone cannot accommodate the museum and related activities or if the museum administration buildings and parking lot are located within one-quarter mile of an urban growth boundary.

As used in this subsection:

a. “Living history museum” means a facility designed to depict and interpret everyday life and culture of some specific historic period using authentic buildings, tools, equipment and people to simulate past activities and events; and

b. “Local historical society” means the local historical society recognized by the county board of commissioners and organized under ORS Chapter 65.

I. Commercial Activities in Conjunction with Farm Use.

1. The commercial activity must be primarily a customer or supplier of farm uses.

2. The commercial activity must enhance the farming enterprises of the local agricultural community to which the land hosting that commercial activity relates.

3. The agricultural and commercial activities must occur together in the local community.

4. The products and services provided must be essential to the practice of agriculture.

J. The following criteria apply to those uses identified in MCC 17.137.050:

1. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved within three miles of an urban growth boundary unless an exception is approved pursuant to OAR Chapter 660, Division 004.

2. Any new enclosed structure or group of enclosed structures subject to this section shall be situated no less than one-half mile from other enclosed structures approved under OAR 660-33-130(2) on the same tract. For the purposes of this subsection “tract” means a tract as defined in MCC 17.137.130(F) in existence on May 5, 2010.

3. Existing facilities wholly within a farm use zone may be maintained, enhanced or expanded on the same tract, but existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits of this subsection. [Ord. 1456 § 4 (Exh. B), 2023; Ord. 1447 § 4 (Exh. B), 2022; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.060.]

The following regulations shall apply to non-farm dwellings:

A. Special Setback.

1. Dwellings. A special dwelling setback of 200 feet from any abutting parcel in farm use or timber production is required.

2. Accessory Buildings. A special setback of 100 feet is required for buildings accessory to a dwelling from any abutting parcel in farm use or timber production.

3. Adjustments. The special setbacks in subsections (A)(1) and (2) of this section may be reduced if it is determined, concurrently with any land use application or as provided in Chapter 17.116 MCC, that a lesser setback will meet the following review criteria for alternative sites:

a. The site will have the least impact on nearby or adjoining forest or agricultural lands.

b. The site ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized.

c. The amount of agricultural and forestlands used to site access roads, service corridors, the dwelling and structures is minimized.

d. The risks associated with wildfire are minimized.

4. The special setback in subsection (A)(1) of this section shall not be applied in a manner that prohibits dwellings approved pursuant to ORS 195.300 through 195.336 nor should the special setback in subsection (A)(1) of this section prohibit a claimant’s application for homesites under ORS 195.300 through 195.336.

B. Fire Hazard Reduction. As a condition of approval for any non-farm dwelling located closer than 200 feet to timber, the owner shall be required to provide continuing fire hazard management in accordance with Chapter 3 of “Fire Safety Consideration for Development in Forested Area,” 1978, and any revisions thereto.

C. Prior to issuance of any residential building permit for an approved non-farm dwelling under MCC 17.137.050(A), evidence shall be provided that the county assessor has disqualified the lot or parcel for valuation at true cash value for farm or forest use; and that the additional tax or penalty has been imposed, if any is applicable, as provided by ORS 308A.113 or 308A.724 or 321.359(1)(b), 321.842(1)(A) and 321.716. A parcel that has been disqualified under this section shall not requalify for special assessment unless, when combined with another contiguous parcel, it constitutes a qualifying parcel. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.070.]

For the purposes of regulating dwellings and structures existing at the time the SA zone is applied, the following regulations shall apply:

A. Legally established dwellings existing when the SA zone is applied shall be considered in conformance with the SA zone and may be repaired, altered, enlarged or replaced pursuant to MCC 17.137.020(D) or 17.137.030(E).

B. Legally established structures accessory to a dwelling or a farm or forest use and existing when the SA zone is applied shall be considered in conformance with the SA zone and may be repaired, replaced, altered, or enlarged. New structures shall be permitted if accessory to a legally established dwelling existing when the SA zone is applied.

C. Notwithstanding MCC 17.114.070, if a legally established non-resource use exists in the SA zone and is unintentionally destroyed by fire, other casualty or natural disaster, the use may be reestablished to its previous nature and extent, but the reestablishment shall satisfy other building codes, ordinances and permit requirements. Efforts to reestablish the use shall commence within one year of destruction of the use or structure. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.080.]

The following regulations shall apply when property line adjustments and partitioning of land within the SA zone subject to the provisions of Chapter 17.172 MCC are proposed:

A. Minimum Parcel Size for Newly Created Parcels.

1. Farm Parcels. The minimum parcel size for any new parcel in the SA zone is 80 acres, except as provided in subsection (A)(2) of this section.

2. Non-Farm Parcels. A new non-farm parcel created pursuant to subsection (B) of this section shall only be as large as necessary to accommodate the use and any buffer area needed to ensure compatibility with adjacent farm uses.

B. Requirements for Creation of New Non-Farm Parcels.

1. A new non-farm parcel may be created for uses listed in MCC 17.137.040(C) and (K) and MCC 17.137.050, except the residential uses in MCC 17.137.050(A) and (B) or a home occupation.

2. The criteria in MCC 17.137.060 applicable to the use shall apply to the creation of the parcel.

3. A non-farm parcel shall not be approved before the non-farm use is approved.

4. A division of land for non-farm use shall not be approved unless any additional tax imposed for the change has been paid, or payment of any tax imposed is made a condition of approval.

5. A division of land may be permitted to create a parcel with an existing dwelling to be used:

a. As a residential home as described in ORS 197.660(2) only if the dwelling has been approved under MCC 17.136.050(L).

b. For a historic property that meets the definition in ORS 358.480 and is listed on the National Register of Historic Places.

c. Parcels created under this section must meet the following criteria:

i. The new parcel containing the dwelling must be a minimum of one acre in size.

ii. The proposal shall not involve a unit of land containing a farm-relative dwelling previously authorized under the Marion County Code or previous ordinance.

iii. The new parcel shall not be larger than the minimum size necessary for the use, taking into consideration septic system, septic repair area, water source, the dwelling, and accessory buildings.

iv. The new parcel shall be adequately sized so that the existing dwelling meets the special setbacks from parcels in farm and forest use as described in MMC 17.136.070 if it was able to meet the special setbacks previously.

6. If the land division is for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase at least one of the resulting parcels subject to the following criteria:

a. A parcel created by the land division that contains a dwelling is large enough to support continued residential use of the parcel;

b. A parcel created pursuant to this subsection that does not contain a dwelling:

i. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;

ii. May not be considered in approving or denying an application for siting any other dwelling;

iii. May not be considered in approving a redesignation or rezoning of forest lands or farmlands except for a redesignation or rezoning to allow a public park, open space or other natural resource use; and

c. May not be smaller than 25 acres unless the purpose of the land division is:

i. To facilitate the creation of a wildlife or pedestrian corridor or the implementation of a wildlife habitat protection plan; or

ii. To allow a transaction in which at least one party is a public park or open space provider, or a not-for-profit land conservation organization, that has cumulative ownership of at least 2,000 acres of open space or park property.

7. A division of land smaller than the minimum lot or parcel size described in subsections (A) and (B) of this section may be approved to establish a religious organization including cemeteries in conjunction with the religious organization if they meet the following requirements:

a. The religious organization has been approved under MCC 17.137.040(C);

b. The newly created lot or parcel is not larger than five acres; and

c. The remaining lot or parcel, not including the religious organization, meets the minimum lot or parcel size described in subsections (A) and (B) of this section either by itself or after it is consolidated with another lot or parcel.

8. A portion of a lot or parcel that has been included within an urban growth boundary and redesignated for urban uses under the applicable acknowledged comprehensive plan may be divided off from the portion of the lot or parcel that remains outside the urban growth boundary and zoned for resource use even if the resource use portion is smaller than the minimum lot or parcel size established under ORS 215.780, subject to the following:

a. The partition must occur along the urban growth boundary; and

b. If the parcel contains a dwelling, the parcel must be large enough to support continued residential use;

c. If the parcel does not contain a dwelling, the parcel:

i. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;

ii. May not be considered in approving or denying an application for siting any other dwelling; and

iii. May not be considered in approving a redesignation or rezoning of forestlands under the acknowledged comprehensive plan and land use regulations, except for a redesignation or rezoning to allow a public park, open space or other natural resource use.

9. Land that is divided under this section for 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 200 feet in height, may not later be rezoned by the county for retail, commercial, industrial or other nonresource use, except as provided under the statewide land use planning goals or under ORS 197.732.

C. Property Line Adjustments.

1. When one or more lots or parcels subject to a proposed property line adjustment are larger than the minimum parcel size pursuant to subsection (A)(1) of this section, the same number of lots or parcels shall be as large or larger than the minimum parcel size after the adjustment. When all lots or parcels subject to the proposed adjustment are as large or larger than the minimum parcel size, no lot or parcel shall be reduced below the applicable minimum parcel size. If all lots or parcels are smaller than the minimum parcel size before the property line adjustment, the minimum parcel size pursuant to this section does not apply to those lots or parcels.

2. If the minimum parcel size in subsection (A)(1) of this section is larger than 80 acres, and a lot or parcel subject to property line adjustment is smaller than the minimum parcel size but larger than 80 acres, the lot or parcel shall not be reduced in size through property line adjustment to less than 80 acres.

3. Any property line adjustment shall result in a configuration of lots or parcels that are at least as suitable for commercial agriculture as were the parcels prior to the adjustment.

4. A property line adjustment may not be used to:

a. Decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling;

b. Decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling;

c. Allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be used to qualify another tract for a dwelling if the land use approval would be based on an acreage standard; or

d. Adjust a property line that resulted from a subdivision or partition authorized by a Measure 49 waiver so that any lawfully established unit of land affected by the property line adjustment is larger than the size granted by the waiver.

5. Any property line adjustment that results in an existing dwelling being located on a different parcel shall not be subject to the standards in MCC 17.137.030(A) so long as the adjustment:

a. Does not increase any adverse impacts on the continued practice of commercial agriculture on the resulting parcels;

b. Does not increase the potential number of dwellings on the resulting parcels; and

c. Does not allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be used to qualify another tract for a dwelling if the land use approval would be based on an acreage standard. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.090.]

The following standards apply to development in an SA zone:

A. Maximum Height.

1. Dwellings: 35 feet.

2. Farm-related structures on farm parcels: none.

3. Nonresidential and non-farm structures: 35 feet unless they are in conjunction with conditional uses allowed in MCC 17.137.050, and a greater height is requested and approved as part of the conditional use permit.

B. Minimum Setbacks. Except as required in MCC 17.137.070(A), the following setback requirements shall be implemented for all new structures other than farm-exempt buildings, signs and fences:

1. Rear Yard. A minimum of 20 feet.

2. Side Yard. A minimum of 20 feet, except for lots or parcels of one-half acre or smaller created prior to January 1, 1994, in which case the side yard setback shall be five feet.

3. Front Yard. A minimum of 20 feet. When by ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply (See Chapter 17.112 MCC).

C. Declaratory Statement. For all dwellings, and other uses deemed appropriate, the property owner shall be required to sign and allow the entering of the following declaratory statement into the chain of title for the lot(s) or parcel(s):

The property herein described is situated in or near a farm or forest zone or area in Marion County, Oregon, where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents, property owners and visitors may be subject to common, customary and accepted farm or forest management practices conducted in accordance with federal and state laws that ordinarily and necessarily produce noise, dust, smoke and other impacts. The grantors, including their heirs, assigns and lessees do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of establishing a dwelling, structure or use in this area, and acknowledge the need to avoid activities that conflict with nearby farm or forest uses and practices, grantors will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937.

[Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.100.]

A. Notwithstanding other provisions of this title, a discretionary decision, except for a land division, approving a proposed development in the SA zone expires two years from the date of the final decision if the development action is not initiated and all required conditions are met in that period. The director may grant an extension period of up to 12 months if:

1. An applicant makes a written request for an extension of the development approval period.

2. The request is submitted to the county prior to expiration of the approval period.

3. The applicant states the reasons that prevented the applicant from beginning or continuing development within the approval period.

4. The county determines that the applicant was unable to begin or continue development during the approval period for reasons for which the applicant was not responsible.

B. Approval of an extension granted under this section is not a land use decision described in ORS 197.015 and is not subject to appeal as a land use decision.

C. Additional extensions may be authorized where applicable criteria for the decision have not changed.

D. If a permit is approved for a proposed residential development in the SA zone, the permit shall be valid for four years. For the purposes of this subsection, “residential development” only includes the dwellings provided for under MCC 17.137.020(D), 17.137.030(D) and (E), and 17.137.050(A).

E. The first extension of a permit consistent with subsection (D) of this section and with subsections (A)(1) through (4) of this section and where applicable criteria for the decision have not changed shall be valid for two years.

F. Up to five additional extensions of the permit consistent with subsection (D) of this section and with subsections (A)(1) through (4) of this section and where applicable criteria for the decision have not changed shall be valid for one year each. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.110.]

For the purposes of approving an application for a lot-of-record dwelling under MCC 17.137.030(D) or for a dwelling not in conjunction with farm use under MCC 17.137.050(A), the soil class, soil rating, or other soil designation of a specific lot or parcel may be changed if the property owner:

A. For Lot-of-Record Dwellings.

1. Submits, for a lot-of-record dwelling only, a statement of agreement from the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture that the soil class, soil rating or other soil designation should be adjusted based on new information; or

2. Submits a report from a soils scientist whose credentials are acceptable to the State Department of Agriculture that the soil class, soil rating, or other soil designation should be changed; and

3. Submits, for a lot-of-record dwelling only, a statement from the State Department of Agriculture that the Director of Agriculture or the director’s designee has reviewed the report described in subsection (A)(2) of this section and finds the analysis in the report to be soundly and scientifically based.

B. For dwellings not in conjunction with farm use, submits a soil assessment prepared by a professional soil classifier that has been reviewed and approved by the Department of Land Conservation and Development as meeting the requirements in OAR 660-033-0045. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.120.]

The following terms apply only to this chapter and have no relevance to the same terms used in other chapters of this title unless specifically stated.

A. Filming Activities. On-site filming and activities accessory to on-site filming include filming and site preparation, construction of sets, staging, makeup and support services customarily provided for on-site filming. Production of advertisements, documentaries, feature films, television services and other film production that rely on the rural qualities of an SA zone in more than an incidental way. It does not include facilities for marketing, editing and other such activities that are allowed only as a home occupation, or construction of new structures that require a building permit.

B. “Commercial dairy farm” means a dairy operation that owns a sufficient number of producing dairy animals capable of earning the gross annual income required by MCC 17.137.030(A)(1) or (2).

C. “Golf course” means an area of land with highly maintained natural turf laid out for the game of golf with a series of nine or more holes, each including a tee, a fairway, a putting green, and often one or more natural or artificial hazards. A “golf course” means a nine- or 18-hole regulation golf course, or golf tournament, consistent with the following:

1. A regulation 18-hole golf course is generally characterized by a site of about 120 to 150 acres of land, has a playable distance of 5,000 to 7,200 yards, and a par of 64 to 73 strokes.

2. A regulation nine-hole golf course is generally characterized by a site of about 65 to 90 acres of land, has a playable distance of 2,500 to 3,600 yards, and a par of 32 to 36 strokes.

3. An accessory use to a golf course is a facility or improvement that is incidental to the operation of the golf course and is either necessary for the operation and maintenance of the golf course or that provides goods or services customarily provided to golfers at a golf course and conforms to the following:

a. An accessory use or activity does not serve the needs of the non-golfing public. Accessory uses to a golf course include parking, maintenance buildings, cart storage and repair, practice range or driving range, clubhouse, restrooms, lockers and showers, food and beverage service, pro shop, and a practice or beginners course.

b. Accessory uses to a golf course do not include sporting facilities unrelated to golf such as tennis courts, swimming pools, or weight rooms; wholesale or retail operations oriented to the non-golfing public; or housing.

c. A use is accessory to a golf course only when limited in size and orientation to serve the needs of persons and their guests who patronize the golf course to golf.

d. Commercial activities such as food and beverage service and pro shop are accessory to a golf course only when located in the clubhouse.

e. Accessory uses may include one or more food and beverage service facilities in addition to food and beverage service facilities located in a clubhouse. Food and beverage service facilities must be part of and incidental to the operation of the golf course and must be limited in size and orientation on the site to serve only the needs of persons who patronize the golf course and their guests. Accessory food and beverage service facilities shall not be designated for or include structures for banquets, public gatherings or public entertainment.

D. “High-value farmland” means a tract composed predominantly of:

1. Soils rated Class I or II, prime, or unique, either irrigated or not irrigated;

2. The following Class III soils: Chehalem (CeC), Concord (Co), Hullt (HuD), Jory (JoD), Nekia (NeC, NeD, NkC), Salkum (SkD), Silverton (SuD), and Woodburn (WuD);

3. The following Class IV soils: Bashaw (Ba), Camas (Ca), Courtney (Cu), Dayton (Da), and Jory (JoE).

E. “Seasonal farm worker” means any person who, for an agreed remuneration or rate of pay, performs temporary labor for another to work in production of farm products or planting, cultivating or harvesting of seasonal agricultural crops or in forestation or reforestation of lands, including but not limited to the planting, transplanting, tubing, pre-commercial thinning and thinning of trees and seedlings, the clearing, piling, and disposal of brush and slash and other related activities.

F. “Tract” means one or more contiguous lots or parcels under the same ownership. [Ord. 1326 § 4 (Exh. A), 2012; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 9, 2000. RZ Ord. § 137.130.]

The purpose of the TC (timber conservation) zone is to conserve forest lands by maintaining the forest land base and to protect the forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use of forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture.

The TC zone is intended to be applied in areas where the soils are predominantly forest site Class I through VI and where the existing land use pattern is predominantly large commercial forest ownerships managed as commercial timber. It is necessary to the continuation of the commercial forest enterprises that contiguous ownerships be consolidated into larger parcels better suitable for large-scale management. Subdivisions and planned developments are not consistent with the purpose and intent of this zone and are prohibited.

The TC zone places primary emphasis on forest use but compatible uses are also allowed. These include uses to conserve soil, air and water quality and to provide for fish and wildlife resources, agriculture and recreational opportunities appropriate in a forest environment. Also included are locationally dependent uses such as communication towers, and mineral and aggregate resources. The TC zone is intended to be applied in areas designated forest lands in the Marion County Comprehensive Plan and to implement the State Forest Lands Goal and OAR 660, Division 006. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 10, 2000. RZ Ord. § 138.010.]

Within a TC zone, no building, structure or premises shall be used, arranged or designed to be used, erected, structurally altered or enlarged except for one or more of the following uses:

A. Farm uses (see farm use definition, MCC 17.110.223), but not including a medical marijuana processor (see MCC 17.110.376), medical marijuana producer (see MCC 17.110.378), or a medical marijuana dispensary (see MCC 17.110.374).

B. Buildings, other than dwellings, customarily provided in conjunction with farm or forest use.

C. Forest operations or forest practices including, but not limited to, reforestation, road construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal of slash pursuant to ORS 527 (Forest Practices Act).

D. Temporary forest labor camp.

E. Alteration, restoration, or replacement of a lawfully established dwelling with filing of the declaratory statement in MCC 17.138.060(B), when the dwelling:

1. Is assessed in the current county assessor’s records as a site-built dwelling or manufactured home.

2. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use:

a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055; or

b. If the dwelling to be replaced is in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the permitting authority that is not less than 90 days after the replacement permit is issued; and

c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant must obtain approval from the permitting authority for the new location.

3. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted to a nonresidential use.

4. In the case of replacement, the replacement dwelling shall be situated in the same location as the existing dwelling as possible.

5. Replacement under this section includes a dwelling replaced pursuant to MCC 17.138.070(C) when a fire report is provided at the time building permits are applied for.

F. Temporary on-site structures which are auxiliary, as defined in MCC 17.138.120(A), to and used during the term of a particular forest operation pursuant to ORS 527.

G. Physical alterations to the land auxiliary, as defined in MCC 17.138.120(A), to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities pursuant to ORS 527.

H. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources.

I. Local distribution lines (e.g., electric, telephone, natural gas) and accessory equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment which provides service hookups, including water service hookups.

J. Temporary portable facility for the primary processing of forest products.

K. Exploration for mineral and aggregate resources as defined in ORS Chapter 517.

L. Private hunting and fishing operations without any lodging accommodations.

M. Towers and fire stations for forest fire protection.

N. Widening of roads, including public road and highway projects as follows:

1. Climbing and passing lanes within the street right-of-way existing as of July 1, 1987.

2. Reconstruction or modification of public streets, including the placement of utility facilities overhead and in the subsurface of public roads and highways along public right-of-way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new parcels result.

3. Temporary public street detours that will be abandoned and restored to original condition or use at such time as no longer needed.

4. Minor betterment of existing public street related facilities such as maintenance yards, weigh stations and rest areas, within rights-of-way existing as of July 1, 1987, and contiguous publicly owned property utilized to support the operation and maintenance of public streets.

O. Water intake facilities, canals and distribution lines for farm irrigation and ponds.

P. Caretaker dwelling for public park or public fish hatchery.

Q. Uninhabitable structures accessory to fish and wildlife enhancement.

R. Exploration for and production of geothermal, gas, oil, and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead.

S. Destination resorts reviewed and approved pursuant to the destination resort siting requirements in ORS 197.435 through 197.465 and State Land Use Goal 8.

T. Disposal site for solid waste that has been ordered established by the Oregon Environmental Quality Commission under ORS 459.049, together with the equipment, facilities or buildings necessary for its operation.

U. Temporary storage site for nonhazardous debris resulting from recovery efforts associated with damage caused by a wildfire identified in an executive order issued by the Governor in accordance with the Emergency Conflagration Act, ORS 476.510 through 476.610, subject to Department of Environmental Quality requirements and all other applicable provisions of law. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 10, 2000. RZ Ord. § 138.020.]

The following dwellings may be established in the TC zone subject to approval by the director, based on satisfaction of the standards and criteria listed for each type of dwelling, pursuant to the procedures in Chapter 17.115 MCC.

A. Lot-of-Record Dwellings. A single-family dwelling, subject to the special use and siting requirements in MCC 17.138.060, may be allowed on a lot or parcel, provided:

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

a. Since prior to January 1, 1985; or

b. By devise or by intestate succession from a person who acquired and had owned continuously the lot or parcel prior to January 1, 1985.

c. “Owner,” as the term is used in this section, 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, step-parent, step-child, grandparent or grandchild of the owner or a business entity owned by any one or combination of these family members.

2. The tract on which the dwelling will be sited does not include a dwelling. “Tract” means all contiguous lands in the same ownership.

3. The lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no dwelling exists on another lot or parcel that was part of that tract.

4. The subject tract is composed of soils not capable of producing 5,000 cubic feet per year of commercial tree species. (See definitions in MCC 17.138.120(B) and (C).)

5. The subject tract is located within 1,500 feet of a public road as defined under ORS 368.001 that provides or will provide access to the subject tract. The road shall be maintained and be either paved or surfaced with rock, and shall not be:

a. A United States Bureau of Land Management road; or

b. A United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency.

6. The proposed dwelling is not prohibited by, and will comply with, land use regulations and other provisions of law including MCC 17.110.830 through 17.110.836.

7. The dwelling will be consistent with the density policy if located in the big game habitat area identified in the Comprehensive Plan.

8. The remaining portions of the tract and the subject lot or parcel are consolidated into a single lot or parcel when the dwelling is allowed.

B. Template Dwelling. A single-family dwelling, subject to the special use and siting requirements in MCC 17.138.060, may be allowed on a lot or parcel, provided:

1. The tract on which the dwelling will be sited does not include a dwelling. “Tract” means all contiguous lands in the same ownership. A tract shall not be considered to consist of less than the required acreage because it is crossed by a public road or waterway.

2. If the lot or parcel on which the dwelling will be sited was part of a tract on January 1, 2019, no dwelling existed on the tract on that date, and no dwelling exists or has been approved on another lot or parcel that was part of the tract. The other lots or parcels in the tract cannot be used to justify another forest dwelling. Evidence must be provided that covenants, conditions and restrictions have been recorded with the county clerk of the county or counties where the property is located for any other lot or parcel within the subject tract.

3. The lot or parcel is:

a. Predominantly composed of soils that are capable of producing zero to 49 cubic feet per acre per year of wood fiber, and there are within a 160-acre square centered on the center of the subject tract all or part of at least three other lots or parcels that existed on January 1, 1993, and at least three dwellings that existed on January 1, 1993, on the lots or parcels, and continue to exist; or

b. Predominantly composed of soils that are capable of producing 50 to 85 cubic feet per acre per year of wood fiber, and there are within a 160-acre square centered on the center of the subject tract all or part of at least seven other lots or parcels that existed on January 1, 1993, and at least three dwellings that existed on January 1, 1993, on the lots or parcels, and continue to exist; or

c. Predominantly composed of soils that are capable of producing more than 85 cubic feet per acre per year of wood fiber, and there are within a 160-acre square centered on the center of the subject tract all or part of at least 11 other lots or parcels that existed on January 1, 1993, and at least three dwellings that existed on January 1, 1993, on the lots or parcels, and continue to exist; and

d. If the tract is 60 acres or larger and abuts a road or perennial stream the measurements shall be made by using a 160-acre rectangle that is one mile long and one-quarter mile wide centered on the center of the subject tract and is to the maximum extent possible aligned with the road or stream; and

If a road crosses the tract on which the dwelling will be located, at least one of the required dwellings shall be on the same side of the road as the proposed dwelling and be located within the 160-acre rectangle or within one-quarter mile from the edge of the subject tract and not outside the length of the 160-acre rectangle; or

e. If the tract abuts a road that existed on January 1, 1993, and subsection (B)(3)(d) of this section does not apply, the measurements may be made using a 160-acre rectangle that is one mile long and one-quarter mile wide centered on the center of the subject tract and is to the maximum extent possible aligned with the road;

f. Lots or parcels within an urban growth boundary cannot be used to satisfy the requirements in this subsection;

g. Any property line adjustment to the lot or parcel after January 1, 2019, did not have the effect of qualifying the lot or parcel for a dwelling under this section; and

h. As used in this section, “centered on the subject tract” means the mathematical centroid of the tract.

4. The proposed dwelling is not prohibited by and will comply with land use regulations and other provisions of law including MCC 17.110.830 through 17.110.836.

5. The dwelling will be consistent with the density policy if located in the big game habitat area identified in the Comprehensive Plan.

C. Large Parcel Dwelling. A single-family dwelling, subject to the special use and siting requirements in MCC 17.138.060, may be allowed, provided:

1. The lot or parcel on which the dwelling will be located was created before January 1, 1994, or is a consolidated parcel comprised entirely of contiguous lots or parcels that were created before January 1, 1994.

2. The lot or parcel contains at least 160 acres in the TC zone.

3. The lot or parcel on which the dwelling will be sited does not include a dwelling.

4. The proposed dwelling is not prohibited by and will comply with land use regulations and other provisions of law including MCC 17.110.830 through 17.110.838.

5. The dwelling will be consistent with the density policy if located in the big game habitat area identified in the Comprehensive Plan.

6. All of the property in a tract used for the purposes of establishing a farm dwelling shall be held, sold and conveyed subject to the following covenants, conditions and restrictions:

It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling. These covenants, conditions, and restrictions can be removed only and at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed and the authorized representative of the county or counties in which the property subject to these covenants, conditions and restrictions is located executes and records a release of the covenants, conditions and restrictions, consistent with OAR 660-006-0027.

D. Dwelling Alteration and Replacement. Alteration, restoration or replacement of a lawfully established dwelling with filing of the declaratory statement in MCC 17.138.060(B), other than as permitted in MCC 17.138.020(E), when the dwelling:

1. Has intact exterior walls and roof structure;

2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

3. Has interior wiring for interior lights;

4. Has a heating system; and

5. In the case of replacement, is removed, demolished or converted to an allowable nonresidential use within three months of the final inspection or occupancy of the replacement dwelling.

6. In the case of replacement, the replacement dwelling shall meet siting requirements set forth in MCC 17.138.060(A)(2) or (3).

7. A lawfully established dwelling that is destroyed by wildfire may be replaced within 60 months when the county finds, based on substantial evidence, that the dwelling to be replaced contained those items listed in subsections (D)(1) through (4) of this section. For purposes of this subsection, substantial evidence includes, but is not limited to, county assessor data. The property owner of record at the time of the wildfire may reside on the subject property in an existing building, tent, travel trailer, yurt, recreational vehicle, or similar accommodation until replacement has been completed or the time for replacement has expired.

E. Relative Forest Dwelling. A single-family dwelling for a relative to assist in the harvesting, processing or replanting of forest products or in the management, operation, planning, acquisition, or supervision of forest lots or parcels of the owner may be established provided:

1. The new single-family dwelling unit will be on a lot or parcel no smaller than the minimum size in MMC 17.138.080;

2. The new single-family dwelling unit will be on a lot or parcel that contains exactly one existing single-family dwelling unit that was lawfully:

a. In existence before November 4, 1993; or

b. Established or approved as a replacement dwelling;

3. The shortest distance between any portion of the new single-family dwelling unit and any portion of the existing single-family dwelling unit is no greater than 200 feet;

4. The lot or parcel is within a rural fire protection district;

5. The new single-family dwelling unit complies with the Oregon Residential Specialty Code relating to wildfire hazard mitigation;

6. As a condition of approval of the new single-family dwelling unit shall file the declaratory statement in MCC 17.138.060(B) and in addition, the property owner shall agree to acknowledge and record in the deed records for the county in which the lot or parcel is located, one or more instruments containing irrevocable deed restrictions that:

a. Prohibit the owner and the owner’s successors from partitioning the property to separate the new single-family dwelling unit from the lot or parcel containing the existing single-family dwelling unit; and

b. Require that the owner and the owner’s successors manage the lot or parcel as a working forest under a written forest management plan, as defined in ORS 526.455, that is attached to the instrument;

7. The existing single-family dwelling is occupied by the owner or a relative;

8. The new single-family dwelling unit will be occupied by the owner or a relative;

9. The owner or a relative occupies the new single-family dwelling unit to allow the relative to assist in the harvesting, processing or replanting of forest products or in the management, operation, planning, acquisition, or supervision of forest lots or parcels of the owner; and

10. If a new single-family dwelling unit is constructed under this section, a county may not allow the new or existing dwelling unit to be used for vacation occupancy as defined in ORS 90.100.

11. As used in this section, “owner or a relative” means the owner of the lot or parcel, or a relative of the owner or the owner’s spouse, including a child, parent, stepparent, grandchild, grandparent, step-grandparent, sibling, step-sibling, niece, nephew, or first cousin of either. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 10, 2000. RZ Ord. § 138.030.]

A. Parking of not more than seven dump trucks and not more than seven trailers on a tract when the use will not:

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

2. Significantly increase the cost of accepted farm or forest practices on surrounding land devoted to farm or forest use. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002. RZ Ord. § 138.035.]

The following uses may be permitted in a TC zone subject to obtaining a conditional use permit and satisfying the criteria in MCC 17.138.050(A) and any additional criteria, requirements and standards specified in this section:

A. Temporary residence for hardship purposes pursuant to MCC 17.120.040, subject to the siting standards and requirements in MCC 17.138.060(A) and (B).

B. Home occupations, including bed and breakfast inns, subject to MCC 17.138.050(B) with the filing of the declaratory statement in MCC 17.138.060(B).

C. The following uses supporting forest operations:

1. Log scaling and weigh stations.

2. Permanent logging equipment repair and storage.

3. Forest management research and experimentation facilities, as defined in ORS 526.215 or where accessory to a forest operation.

4. Permanent facility for primary processing of forest products.

D. The following mining and processing activities:

1. Mining and processing of oil, gas, or other subsurface resources, as defined in ORS Chapter 520, and not otherwise permitted under MCC 17.138.020(R) (e.g., compressors, separators and storage serving multiple wells).

2. Mining and processing of aggregate as defined in ORS Chapter 517 subject to MCC 17.120.410 through 17.120.480.

3. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects.

E. The following utility uses:

1. Water intake facilities, related treatment facilities, pumping stations, and distribution lines.

2. Television, microwave and radio communications facilities and transmission towers.

3. Power generation facility provided an exception is taken under OAR 660, Division 004 if it precludes more than 10 acres from commercial forest use.

4. Aids to navigation and aviation.

5. New electric transmission lines within a right-of-way not greater than 100 feet wide as specified in ORS 772.210.

6. New distribution lines (e.g., gas, oil, geothermal) within a right-of-way 50 feet or less in width.

F. Expansion of a legally established existing airport.

G. The following recreation uses:

1. Private parks and campgrounds subject to MCC 17.138.050(C) with filing of the declaratory statement in MCC 17.138.060(B).

2. Private seasonal accommodations for fee hunting or fishing operations subject to MCC 17.138.050(D) with filing of the declaratory statement in MCC 17.138.060(B).

3. Public parks and playgrounds including only those uses specified under OAR 660-034-035 or 660-034-0040, whichever is applicable, and consistent with ORS 195.120 and with filing of the declaratory statement in MCC 17.138.060(B).

4. A youth camp may be established in compliance with OAR 660-006-0031. The purpose is for the establishment of a youth camp that is generally self-contained and located on a parcel suitable to limit potential impacts on nearby and adjacent land and to be compatible with the forest environment. This subsection applies to youth camps established after July 12, 1999, and shall meet the criteria in MCC 17.138.050(E).

H. Disposal site for solid waste for which the Oregon Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operations (see specific conditional uses, MCC 17.120.310 through 17.120.380).

I. Reservoirs and water impoundments with filing of the declaratory statement in MCC 17.138.060(B).

J. Firearms training facility as provided in ORS 197.770.

K. The following transportation uses:

1. Construction of additional passing and travel lanes requiring the acquisition of right-of-way but not resulting in the creation of new land parcels.

2. Reconstruction or modification of public streets involving the removal or displacement of buildings but not resulting in the creation of new land parcels.

3. Improvement of public street 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.

4. Roads, highways, and other transportation facilities and improvements not otherwise allowed in this chapter, when an exception to statewide Goal 4 and any applicable statewide planning goal with which the facility or improvement does not comply, and subject to OAR Chapter 660, Division 12.

L. Fire stations for rural fire protection.

M. Cemeteries. [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 10, 2000. RZ Ord. § 138.040.]

The uses identified in MCC 17.138.040 shall satisfy the criteria in the applicable subsections below.

A. The following criteria apply to all conditional uses in the TC zone:

1. The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels in exception areas approved under ORS 197.731, or in an acknowledged urban growth boundary.

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

3. Adequate fire protection and other rural services are or will be available when the use is established.

4. The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, and air and water quality.

5. Any noise associated with the use will not have a significant adverse impact on nearby land uses.

6. The use will not have a significant adverse impact on potential water impoundments identified in the Comprehensive Plan, and not create significant conflicts with operations included in the Comprehensive Plan inventory of significant mineral and aggregate sites.

B. Home Occupations. Notwithstanding MCC 17.110.270 and 17.120.075, home occupations, including the parking of vehicles in conjunction with home occupations and/or bed and breakfast inns, are subject to the following criteria:

1. A home occupation or bed and breakfast inn shall be operated by a resident of the dwelling on the property on which the business is located. Including residents, no more than five full-time or part-time persons shall work in the home occupation (“person” includes volunteer, nonresident employee, partner or any other person).

2. It shall be operated substantially in:

a. The dwelling; or

b. Other buildings normally associated with uses permitted in the zone in which the property is located.

3. It shall not unreasonably interfere with other uses permitted in the zone in which the property is located.

4. A home occupation shall not be authorized in structures accessory to resource use.

5. A sign shall meet the standards in Chapter 17.191 MCC.

6. The property, dwelling or other buildings shall not be used for assembly or dispatch of employees to other locations.

7. Retail and wholesale sales that do not involve customers coming to the property, such as Internet, telephone or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation.

C. Private Parks and Campgrounds. Private parks and campgrounds shall meet the following criteria:

1. Campgrounds in private parks shall only be those allowed by this subsection.

2. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.71 and OAR Chapter 660, Division 004.

3. Campgrounds shall be devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes, and is established on a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for recreational use by the occupants of the campground.

4. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation and other natural features between campsites.

5. A camping site shall only be occupied by a tent, travel trailer or recreational vehicle. Private campgrounds may provide yurts for overnight camping subject to the following:

a. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include yurts;

b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.

6. Separate sewer, water or electric service hook-ups shall not be provided to individual campsites.

7. It shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations.

8. Overnight temporary use in the same campground by a camper or camper’s vehicle shall not exceed a total of 30 days during any consecutive six-month period.

D. Temporary Accommodations for Fishing or Hunting. Private seasonal accommodations for fishing or fee hunting shall meet the following criteria:

1. Accommodations shall be limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code.

2. Only minor incidental and accessory retail sales are permitted.

3. Accommodations are occupied temporarily for the purpose of:

a. Hunting during either game bird and big game hunting seasons or both bird and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission; or

b. Fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission, and are located within one-quarter mile of fish-bearing Class I waters.

c. Accommodations shall comply with the special use and site requirements in MCC 17.138.060, except subsection (E) of that section.

E. Youth Camps.

1. Youth camps shall be owned and leased and operated by a state or local government or a nonprofit corporation as defined under ORS 65.001, to provide an outdoor recreational and educational experience for persons 21 years of age or younger. Youth camps do not include any manner of juvenile detention center or facility.

2. The number of overnight camp participants that may be accommodated shall be determined by the board, or its designee, based on the size, topography, geographic features and any other characteristics of the proposed site for the youth camp. A youth camp shall not provide overnight accommodations for more than 350 youth camp participants, including staff, except the board, or its designee, may allow up to eight nights during the calendar year when the number of overnight participants may exceed the total number of overnight participants.

Overnight stays for adult programs primarily for individuals over 21 years of age, not including staff, shall not exceed 10 percent of the total camper nights offered by the youth camp.

3. A campground as described in MCC 17.138.040(G)(1) and (2) shall not be established in conjunction with a youth camp.

4. A youth camp shall not be allowed in conjunction with an existing golf course and a youth camp shall not interfere with the exercise of legally established water rights on adjacent properties.

5. The youth camp shall be located on a lawful parcel that provides a forested setting to ensure outdoor experience without depending upon the use of adjacent public and private land. This determination shall be based on the size, topography, geographic features and any other characteristics of the proposed site for the youth camp, as well as the number of overnight participants and type and number of proposed facilities. The parcel shall be a minimum of 40 acres with suitable protective buffers to separate the visual and audible aspects of youth camp activities from other nearby and adjacent lands. The buffers shall consist of forest vegetation, topographic or other natural features as well as structural setbacks from adjacent public and private lands, roads, and riparian areas. The structural setback from roads and adjacent public and private property shall be 250 feet unless the board, or its designee, sets a different setback based upon the following criteria that may be applied on a case-by-case basis:

a. The proposed setback will prevent conflicts with commercial resource management practices, and will prevent a significant increase in safety hazards associated with vehicular traffic, and will provide an appropriate buffer from visual and audible aspects of youth camp activities from other nearby and adjacent resource lands.

6. The parcel shall be suitable to provide for the establishment of sewage disposal facilities without requiring a sewer system as defined in OAR 660-011-0060(1)(f). Prior to granting final approval, the board or its designee shall verify that a proposed youth camp will not result in the need for a sewer system.

7. A youth camp may provide for the following facilities:

a. Recreational facilities limited to passive improvements, such as open areas suitable for ball fields, volleyball courts, soccer fields, archery or shooting ranges, hiking and biking trails, horseback riding or swimming that can be provided in conjunction with the site’s natural environment. Intensively developed facilities such as tennis courts, gymnasiums, and golf courses shall not be allowed. One swimming pool may be allowed if no lake or other water feature suitable for aquatic recreation is located on the subject property or immediately available for youth camp use.

b. Primary cooking and eating facilities shall be included in a single building. Except in sleeping quarters, the board or its designee may allow secondary cooking and eating facilities in one or more buildings designed to accommodate other youth camp activities. Food services shall be limited to the operation of the youth camp and shall be provided only for youth camp participants. The sale of individual meals may be offered only to family members or guardians of youth camp participants.

c. Bathing and laundry facilities except that they shall not be provided in the same building as sleeping quarters and up to three camp activity buildings, not including primary cooking and eating facilities.

d. Sleeping quarters including cabins, tents or other structures. Sleeping quarters may include toilets, but, except for the caretaker’s dwelling, shall not include kitchen facilities. Sleeping quarters shall be provided only for youth camp participants and shall not be offered as overnight accommodations for persons not participating in youth camp activities or as individual rentals.

e. Administrative, maintenance and storage buildings; permanent structures for administrative services, first aid, equipment and supply storage, and for use as an infirmary if necessary or requested by the applicant, and covered areas that are not fully enclosed.

f. An infirmary may provide sleeping quarters for the medical care provider (e.g., doctor, registered nurse, emergency medical technician, etc.).

g. A caretaker’s residence may be established in conjunction with a youth camp prior to or after the effective date of the ordinance codified in this section, if no other dwelling exists on the subject property.

8. A proposed youth camp shall comply with the following safety requirements in OAR 660-006-0035 and shall have a fire safety protection plan developed for each youth camp that includes fire prevention measures; on-site pre-suppression and suppression measures; and the establishment and maintenance of fire safe area(s) in which camp participants can gather in the event of a fire.

a. Except as determined under subsections (E)(8)(b) and (c) of this section, a youth camp’s on-site fire suppression capability shall at least include a 1,000-gallon mobile water supply that can access all areas of the camp; and a 30-gallon-per-minute water pump and an adequate amount of hose and nozzles; and a sufficient number of fire-fighting hand tools; and trained personnel capable of operating all fire suppression equipment at the camp during designated periods of fire danger.

b. An equivalent level of fire suppression facilities may be determined by the board or its designee. The equivalent capability shall be based on the Oregon Department of Forestry’s (ODF) wildfire hazard zone rating system, the response time of the effective wildfire suppression agencies, and consultation with ODF personnel if the camp is within an area protected by the Oregon Department of Forestry and not served by a local structural fire protection provider.

c. The provisions for on-site fire suppression may be waived by the board or its designee if the youth camp is located in an area served by a structural fire protection provider and that provider informs the board in writing that on-site fire suppression at the camp is not needed. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 10, 2000. RZ Ord. § 138.050.]

The following regulations apply to new and replacement dwellings, structures accessory to a dwelling, and may also be applied as a condition of approval for other uses in MCC 17.138.040:

A. Special Siting Requirements.

1. Dwellings and structures shall comply with the special requirements in subsection (A)(2) or (3) of this section. Compliance with the provisions in subsections (A)(2) and (B), (F) and (G) of this section satisfies the criteria in subsection (A)(3) of this section. Alternative sites that meet the criteria in subsection (A)(3) of this section may be approved concurrently with any land use application or as provided in Chapter 17.116 MCC.

2. Siting Standards for Dwellings and Other Buildings.

a. Dwellings shall be at least 200 feet from any abutting parcel in farm use or timber production. Buildings other than a dwelling shall be located at least 100 feet from any abutting parcel in farm use or timber production.

b. The special setback in subsection (A)(2)(a) of this section shall not be applied in a manner that prohibits dwellings approved pursuant to ORS 195.300 through 195.336 nor should the special setback in subsection (A)(2)(a) of this section prohibit a claimant’s application for homesites under ORS 195.300 through 195.336.

c. The dwelling or other building shall be located within 300 feet of the driveway entrance on an abutting public road; or, if the property does not abut a public road for a distance of at least 60 feet, the dwelling or other building shall be located within 300 feet of the point where the driveway enters the buildable portion of the property.

3. Review Criteria for Alternative Sites. Sites for dwellings or buildings that do not meet the siting requirements in subsection (A)(2) of this section may be approved if the proposed site will meet the following criteria:

a. The site will have the least impact on nearby or adjoining forest or agricultural lands;

b. The site ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized;

c. The amount of agricultural and forest lands used to site access roads, service corridors, the dwelling and structures is minimized; and

d. The risks associated with wildfire are minimized.

B. Declaratory Statement. For all dwellings, and other uses deemed appropriate, the property owner shall be required to sign and allow the entering of the following declaratory statement into the chain of title for the lot(s) or parcel(s):

The property herein described is situated in or near a farm or forest zone or area in Marion County, Oregon, where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents, property owners and visitors may be subjected to common, customary and accepted farm or forest management practices conducted in accordance with federal and state laws that ordinarily and necessarily produce noise, dust, smoke and other impacts. The grantors, including their heirs, assigns and lessees do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of establishing a dwelling, structure or use in this area, and acknowledge the need to avoid activities that conflict with nearby farm or forest uses and practices, grantors will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937.

C. Domestic Water Supply.

1. The applicant shall provide evidence that the domestic water supply is from a source authorized in accordance with the Water Resources Department’s administrative rules for the appropriation of groundwater or surface water and not from a Class II stream as defined in the Forest Practices Rules (OAR Chapter 629).

2. Evidence of a domestic water supply means verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor’s rights to appropriate water; or a water use permit issued by the Water Resources Department for the use described in the application; or verification from the Water Resources Department that a water use permit is not required for the use.

3. If the proposed water supply is from a well and is exempt from permitting requirements under ORS 537.545, the applicant shall submit the well constructor’s report upon completion of the well.

D. Road Access. As a condition of approval, if road access to the dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the Bureau of Land Management, or the U.S. Forest Service, then the applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance.

E. Tree Planting.

1. Prior to issuance of a building or siting permit for the dwelling on a tract of more than 10 acres in size, the landowner shall plant a sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet Department of Forestry stocking requirements at the time specified in Department of Forestry administrative rules.

2. At the time required by the Department of Forestry rules the owner shall submit a stocking survey report to the county assessor and the assessor shall verify that the minimum stocking requirements have been met.

F. Fire Protection.

1. The dwelling shall be located upon a parcel within a fire protection district or shall be provided with residential fire protection by contract. If the dwelling is not within a fire protection district, the applicant shall provide evidence that the applicant has asked to be included within the nearest such district.

2. If inclusion within a fire protection district or contracting for residential fire protection is impracticable, an alternative means for protecting the dwelling from fire hazards may be approved pursuant to the procedures set forth in Chapter 17.115 MCC, subject to the requirements of subsections (F)(3) of this subsection.

3. Alternative means of fire protection may include a fire sprinkling system, on-site equipment and water storage or other methods that are reasonable, given the site conditions.

a. If a water supply is required for fire protection, it shall be a swimming pool, pond, lake, or similar body of water that at all times contains at least 4,000 gallons or a stream that has a continuous year-round flow of at least one cubic foot per second. The applicant shall provide verification from the Water Resources Department that any permits or registrations required for water diversion or storage have been obtained or that permits or registrations are not required for the use.

b. Road access shall be provided to within 15 feet of the water’s edge for fire-fighting pumping units. The road access shall accommodate the turnaround of fire fighting equipment during the fire season. Permanent signs shall be posted along the access route to indicate the location of the emergency water source.

G. Fire Hazard Reduction.

1. The owners of a dwelling, or structure occupying more than 200 square feet, shall maintain a primary fuel-free break area on land surrounding the dwelling that is owned or controlled by the owner in accordance with the provision in “Recommended Fire Siting Standards for Dwellings and Structures and Fire Safety Design Standards for Roads” dated March 1, 1991, and published by the Oregon Department of Forestry.

2. The dwelling shall have a fire-retardant roof.

3. The dwelling shall not be sited on a slope of greater than 40 percent.

4. If the dwelling has a chimney or chimneys, each chimney shall have a spark arrester.

H. Road and Drainage Standards.

1. Public road access to structures of more than 200 square feet in area or dwellings shall comply with the Marion County Department of Public Works Engineering Standards applicable at the time the application was filed.

2. Except for private roads and bridges accessing only commercial forest uses, private road or driveway access to structures of more than 200 square feet in area or dwellings shall meet the requirements of the local fire protection district or forest protection district except that the county maximum grade standard for a private road is 15 percent. A greater grade may be approved by the fire district or, if the site is not in a fire district, by the State Department of Forestry.

3. Drainage standards for private roadways shall comply with the Marion County Department of Public Works Engineering Standards except that corrugated metal culverts of equivalent size and strength may be used. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 10, 2000. RZ Ord. § 138.060.]

For the purposes of regulating dwellings and structures existing at the time the TC zone is applied, the following regulations shall apply:

A. Legally established dwellings existing when the TC zone is applied shall be considered in conformance with the TC zone and may be repaired, altered, enlarged or replaced pursuant to MCC 17.138.020(E) or 17.138.030(D).

B. Legally established structures accessory to a dwelling or a farm or forest use and existing when the TC zone is applied shall be considered in conformance with the TC zone and may be repaired, replaced, altered, or enlarged. New structures shall be permitted if accessory to a legally established dwelling existing when the TC zone is applied.

C. Notwithstanding MCC 17.114.070, if a legally established non-resource use exists in the TC zone and is unintentionally destroyed by fire, other casualty or natural disaster, the use may be reestablished to its previous nature and extent, but the reestablishment shall satisfy other building codes, ordinances and permit requirements. Efforts to reestablish the use shall commence within one year of destruction of the use or structure. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 10, 2000. RZ Ord. § 138.070.]

The following regulations shall apply when property line adjustments and partitioning of land within a TC zone subject to the provisions of Chapter 17.172 MCC are proposed:

A. Minimum Parcel Sizes for Newly Created Parcels.

1. The minimum parcel size is 80 acres, except as provided in subsection (A)(2) of this section.

2. A new parcel less than 80 acres may be approved as follows:

a. For a permitted use listed in MCC 17.138.020(R), (S) and (T); or

b. For a conditional use listed in MCC 17.138.040(C)(1) and (2); (D)(1); (E)(1) through (4); (G)(1) and (3); (H); (I); (J); (L) and (M).

c. Criteria applicable to the use shall apply to the parcel.

d. The parcel shall not be approved before the use is approved.

e. The parcel containing the use described in subsection (A)(2)(a) or (b) of this section shall be the minimum size necessary to accommodate the use.

f. The original parcel was less than 80 acres.

3. A division of land to create two parcels for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase one of the resulting parcels may be approved as follows:

a. A parcel created by the land division that is not sold to a provider of public parks or open space or to a not-for-profit land conservation organization must comply with the following:

i. If the parcel contains a dwelling or another use allowed under ORS Chapter 215, the parcel must be large enough to support continued residential use or other allowed use of the parcel; or

ii. If the parcel does not contain a dwelling, the parcel is eligible for siting a dwelling as may be authorized under ORS 195.120 or as may be authorized under provisions contained in MCC 17.138.030(A), (B), or (C), based on the size and configuration of the parcel.

b. Before approving a proposed division of land under this section, the governing body of a county or its designee shall require as a condition of approval that the provider of public parks or open space, or the not-for-profit land conservation organization, present for recording in the deed records for the county in which the parcel retained by the provider or organization is located an irrevocable deed restriction prohibiting the provider or organization and their successors in interest from:

i. Establishing a dwelling on the parcel or developing the parcel for any use not authorized in a forest zone or mixed farm and forest zone except park or conservation uses; and

ii. Pursuing a cause of action or claim of relief alleging an injury from farming or forest practices for which a claim or action is not allowed under ORS 30.936 or 30.937.

c. If a proposed division of land under this section results in the disqualification of a parcel for a special assessment or the withdrawal of a parcel from designation as riparian habitat, the owner must pay additional taxes before the county may approve the division.

4. A portion of a lot or parcel that has been included within an urban growth boundary and redesignated for urban uses under the applicable acknowledged comprehensive plan may be divided off from the portion of the lot or parcel that remains outside the urban growth boundary and zoned for resource use even if the resource use portion is smaller than the minimum lot or parcel size established under ORS 215.780, subject to the following:

a. The partition must occur along the urban growth boundary; and

b. If the parcel contains a dwelling, the parcel must be large enough to support continued residential use;

c. If the parcel does not contain a dwelling, the parcel:

i. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;

ii. May not be considered in approving or denying an application for siting any other dwelling; and

iii. May not be considered in approving a redesignation or rezoning of forestlands under the acknowledged comprehensive plan and land use regulations, except for a redesignation or rezoning to allow a public park, open space or other natural resource use;

iv. The owner of the parcel shall record with the county clerk an irrevocable deed restriction prohibiting the owner and all successors in interest from pursuing a cause of action or claim of relief alleging injury from farming or forest practices for which a claim or action is not allowed under ORS 30.936 or 30.937.

B. Property Line Adjustments.

1. Parcels larger than 80 acres may not be reduced to below 80 acres.

2. Parcels smaller than 80 acres may be reduced or enlarged provided:

a. If the tract does not include a dwelling and does not qualify for a dwelling under MCC 17.138.030(A) or (B), any reconfiguration after November 4, 1993, cannot in any way enable the lot or parcel to meet the criteria for a new dwelling under MCC 17.138.030(A) or (B).

b. Except as provided in subsection (B)(2)(c) of this section, a lot or parcel that is reduced will be better suited for management as part of a commercial forest.

c. A lot or parcel may be reduced to the minimum size necessary for the use if the lot or parcel:

i. Was approved as a non-farm or non-forest parcel; or

ii. Is occupied by an approved non-farm or non-forest dwelling; or

iii. More than half of the parcel is occupied by a use in MCC 17.138.020 or 17.138.040 other than a dwelling or farm or forest use; or

iv. The lot or parcel is occupied by a dwelling established before January 1, 1994.

d. A property line adjustment may not be used to:

i. Decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling;

ii. Decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting vacant tract would be increased to a size as large as or larger that the minimum tract size required to qualify the vacant tract for a dwelling;

iii. Allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be used to qualify another tract for a dwelling if the land use approval would be based on an acreage standard; or

iv. Adjust a property line that resulted from a subdivision or partition authorized by a Measure 49 waiver so that any lawfully established unit of land affected by the property line adjustment is larger than the size granted by the waiver. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 10, 2000. RZ Ord. § 138.080.]

The following standards apply to all development in the TC zone:

A. Maximum Height.

1. Dwellings: 35 feet.

2. Resource-related structures on parcels in farm or forest use: none.

3. Nonresidential and non-resource-related structures: 35 feet unless they are in conjunction with conditional uses allowed in MCC 17.138.040 and greater height is approved as part of the conditional use permit.

B. Minimum Setbacks. Except as required in MCC 17.138.060(A), the following setback requirements shall be implemented for all new structures, other than signs and fences:

1. Rear Yard. A minimum of 20 feet.

2. Side Yard. A minimum of 20 feet except for lots or parcels of one-half acre or less created prior to January 1, 1994, in which case the side yard setback shall be five feet.

3. Front Yard. A minimum of 20 feet. When by ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply (see Chapter 17.112 MCC). [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 10, 2000. RZ Ord. § 138.090.]

A. After June 29, 1994, it shall be a condition of approval that a new deed be recorded consolidating all contiguous lands in the same ownership when such contiguous lots or parcels are included in the application and must be considered in order for the application to meet the applicable criteria and standards. Consolidation shall be accomplished prior to exercising the rights granted in the land use decision and obtaining building permits, or concurrent with filing of a partitioning plat or property line adjustment survey.

B. Where a land use action prior to June 29, 1994, required that contiguous lots or parcels be considered a single lot or parcel, they shall continue to be considered a single lot or parcel for land use purposes. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 10, 2000. RZ Ord. § 138.100.]

A. Notwithstanding other provisions of this title, a discretionary decision, except for a land division, approving a proposed development in the TC zone expires two years from the date of the final decision if the development action is not initiated and all required conditions are met in that period. The director may grant an extension period of up to 12 months if:

1. An applicant makes a written request for an extension of the development approval period.

2. The request is submitted to the county prior to expiration of the approval period.

3. The applicant states the reasons that prevented the applicant from beginning or continuing development within the approval period.

4. The county determines that the applicant was unable to begin or continue development during the approval period for reasons for which the applicant was not responsible.

B. Approval of an extension granted under this section is not a land use decision described in ORS 197.015 and is not subject to appeal as a land use decision.

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

D. If a permit is approved for a proposed residential development in the TC zone, the permit shall be valid for four years. For the purposes of this subsection, “residential development” only includes the dwellings provided for under MCC 17.138.020(E) and 17.138.030.

E. The first extension of a permit consistent with subsection (D) of this section and with subsections (A)(1) through (4) of this section and where applicable criteria for the decision have not changed shall be valid for two years.

F. Up to five additional extensions of the permit consistent with subsection (D) of this section and with subsections (A)(1) through (4) of this section and where applicable criteria for the decision have not changed shall be valid for one year each. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 10, 2000. RZ Ord. § 138.110.]

The following terms apply only to this chapter and have no relevance to the same terms used in other chapters of this title unless specifically stated:

A. “Auxiliary,” for the purposes of MCC 17.138.020(F) and (G), means a use or alteration of a structure or land which provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, is temporary in nature, and is not designed to remain for the forest’s entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded.

B. “Commercial tree species” means trees recognized under rules adopted under ORS 527.715 for commercial production.

C. “Cubic feet per year per tract” means the average annual increase in cubic foot volume of wood fiber per tract for fully stocked stands at the culmination of mean annual increment as reported by the Natural Resources Conservation Service (NRCS) soil survey information, USDA Forest Service plant association guides, Oregon Department of Revenue Western Oregon site class maps, or other information determined by the State Forester to be of comparable quality. Where such data are not available or are shown to be inaccurate, an alternative method for determining productivity may be used. An alternative method must provide equivalent data as explained in the Oregon Department of Forestry’s technical bulletin entitled “Land Use Planning Notes Number 3 dated April 1998” and be approved by the Oregon Department of Forestry.

D. “Primary processing of forest products” means the initial treatments of logs or other forest plant or fungi materials to prepare them for shipment for further processing or to market, in a building or buildings that do not exceed 10,000 square feet in total floor area, or an outdoor area that does not exceed one acre excluding lay-down and storage yards, or both, that are adequately separated from surrounding properties to reasonably mitigate noise, odor and other impacts generated by the facility that adversely affect forest management and other existing uses, as determined by the governing body. Treatments may include, but are not limited to, debarking, peeling, drying, cleaning, sorting, chipping, grinding, sawing, shaping, notching, biofuels conversion, or other similar methods of initial treatments. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1125 § 10, 2000. RZ Ord. § 138.120.]

The FT (farm/timber) zone is intended to be applied in areas where the soils are suitable for farm or forest uses as defined in the Forest Lands Goal, and where the existing land use pattern is a mixture of agricultural ownerships, forest management units and some acreage homesites. The farm operations range widely in size and often include an area managed as a woodlot or a small timber tract. The forest management units range from small timber tracts managed by the owner resident to commercial forest ownerships managed as commercial timber. The mixture of farm and forest use and the range in size of management units present no significant conflicts and allow optimum resource production from areas with variable terrain and soils. These areas are a transition between the large farm operations in the EFU zones and the large, almost exclusively commercial timber tracts in the TC zones. It is not deemed practical or necessary to the continuation of the forest and farm uses that contiguous ownerships be consolidated into large parcels suitable for large-scale management.

The FT zone is also intended to allow other uses that are compatible with agricultural activities, to protect forests, scenic resources and fish and wildlife habitat, and to maintain and improve the quality of air, water and land resources of the county.

This zone allows the flexibility in management needed to obtain maximum resource production for these lands. It places equal emphasis on farming and timber production. Subdivisions and planned developments are not consistent with the purpose and intent of this zone and are prohibited. The FT zone is intended to be applied in areas designated farm/timber in the Marion County Comprehensive Plan and to comply with statewide Goals 3 and 4. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.010.]

Within an FT zone, no building, structure or premises shall be used, arranged or designed to be used, erected, structurally altered or enlarged except for one or more of the following uses:

A. Farm uses (see farm use definition, MCC 17.110.223), but not including a medical marijuana processor (see MCC 17.110.376), medical marijuana producer (see MCC 17.110.378), or a medical marijuana dispensary (see MCC 17.110.374).

B. Buildings, other than dwellings, customarily provided in conjunction with farm use.

C. Forest operations or forest practices including, but not limited to, reforestation, road construction and maintenance, harvesting of a forest tree species, application of chemicals and disposal of slash pursuant to ORS Chapter 527 (Forest Practices Act).

D. Temporary forest labor camp.

E. Alteration, restoration, or replacement of a lawfully established dwelling with filing of the declaratory statement in MCC 17.139.070(B), when the dwelling:

1. Is assessed in the current county assessor’s records as a site-built dwelling or manufactured home.

2. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use:

a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055; or

b. If the dwelling to be replaced is in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the permitting authority that is not less than 90 days after the replacement permit is issued; and

c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant must obtain approval from the permitting authority for the new location.

3. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted to a nonresidential use.

4. If the lot or parcel was predominantly devoted to farm use on January 1, 1993, the replacement dwelling may sited on any part of the same lot or parcel. If the dwelling to be replaced is located on a portion of the lot or parcel not zoned FT or EFU the applicant shall execute and record in the deed records a deed restriction prohibiting the siting of a dwelling on that portion of the lot or parcel. The restriction imposed shall be irrevocable unless a statement of release is placed in the deed records for the county. The release shall be signed by the county or its designee and state that the provisions of this section regarding replacement dwellings have changed to allow the siting of another dwelling.

5. If the lot or parcel was predominantly devoted to forest use on January 1, 1993, the replacement dwelling shall be situated in the same location as the existing dwelling.

6. Replacement under this section includes a dwelling replaced pursuant to MCC 17.139.080(C) when a fire report is provided at the time building permits are applied for.

7. Accessory farm dwellings destroyed by a wildfire identified in an executive order issued by the Governor in accordance with the Emergency Conflagration Act, ORS 476.510 through 476.610, may be replaced. The temporary use of modular structures, manufactured housing, fabric structures, tents and similar accommodations is allowed until replacement under this subsection occurs.

F. Temporary on-site structures auxiliary, as defined in MCC 17.139.130(A), to and used during the term of a particular forest operation pursuant to ORS Chapter 527.

G. Physical alteration to the land auxiliary, as defined in MCC 17.139.130(A), to forest practices including, but not limited to, those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities pursuant to ORS Chapter 527.

H. Uses to conserve soil, air and water quality and to provide for wildlife and fisheries resources, including creation, restoration, or enhancement of wetlands.

I. Local distribution lines (e.g., electric, telephone, natural gas) and accessory equipment (e.g., electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals), or equipment which provides service hookups, including water service hookups.

J. Exploration for mineral and aggregate resources as defined in ORS Chapter 517.

K. Private hunting and fishing operations without any lodging accommodations.

L. Towers and fire stations for forest fire protection.

M. Widening of roads, including public road and highway projects as follows:

1. Climbing and passing lanes within the street right-of-way existing as of July 1, 1987.

2. Reconstruction or modification of public streets, including the placement of utility facilities overhead and in the subsurface of public roads and highways along public right-of-way, but not including the addition of travel lanes, where no removal or displacement of buildings would occur, or no new parcels result.

3. Temporary public street detours that will be abandoned and restored to original condition or use at such time as no longer needed.

4. Minor betterment of existing public street related facilities such as maintenance yards, weigh stations and rest areas, within rights-of-way existing as of July 1, 1987, and contiguous publicly owned property utilized to support the operation and maintenance of public streets.

N. Water intake facilities, canals and distribution lines for farm irrigation and ponds.

O. Caretaker residences for public park or public fish hatchery.

P. Uninhabitable structures accessory to fish and wildlife enhancement.

Q. Exploration for and production of geothermal, gas, oil, and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the wellhead.

R. On-site filming and activities accessory to filming, as defined in MCC 17.139.130(B), if the activity would involve no more than 45 days on any site within a one-year period.

S. Composting operations and facilities limited to those that are accepted farming practices in conjunction with and auxiliary to farm use on the subject tract, and that meet the performance and permitting requirements of the Department of Environmental Quality under OAR 340-093-0050 and 340-096-0060. Excess compost may be sold to neighboring farm operations in the local area and shall be limited to bulk loads of at least one unit (7.5 cubic yards) in size. Buildings and facilities used in conjunction with the composting operation shall only be those required for the operation of the subject facility.

T. Single agri-tourism or other commercial event, excluding events that promote the sale of marijuana products or extracts, subject to MCC 17.125.130.

U. Temporary storage site for nonhazardous debris resulting from recovery efforts associated with damage caused by a wildfire identified in an executive order issued by the Governor in accordance with the Emergency Conflagration Act, ORS 476.510 through 476.610, subject to Department of Environmental Quality requirements and all other applicable provisions of law. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.020.]

The following dwellings may be established in the FT zone, with filing of the declaratory statement in MCC 17.139.070(B), subject to approval by the director, based on satisfaction of the standards and criteria listed for each type of dwelling, pursuant to the procedures in Chapter 17.115 MCC. Subsections (A) through (E) of this section provide criteria for siting a dwelling based on the predominant use of the tract on January 1, 1993, for forest land. Subsections (F) through (I) of this section list criteria for siting a dwelling based on the predominant use of the tract on January 1, 1993, for farm use.

A. Lot-of-Record Dwellings. A single-family dwelling, subject to the special use and siting requirements in MCC 17.139.070, may be allowed on a lot or parcel predominantly devoted to forest use on January 1, 1993, provided:

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

a. Since prior to January 1, 1985; or

b. By devise or by intestate succession from a person who acquired and had owned continuously the lot or parcel prior to January 1, 1985;

c. “Owner,” as the term is used in this section only, 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, step-parent, step-child, grandparent, or grandchild of the owner or business entity owned by any one or combination of these family members.

2. The tract on which the dwelling will be sited does not include a dwelling. “Tract” means all contiguous lands in the same ownership.

3. If the lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no dwelling exists on another lot or parcel that was part of that tract.

4. The subject tract is composed of soils not capable of producing 5,000 cubic feet per year of commercial tree species. (See definitions in MCC 17.139.130(H) and (I).)

5. The subject tract is located within 1,500 feet of a public road as defined under ORS 368.001 that provides or will provide access to the subject tract. The road shall be maintained and be either paved or surfaced with rock, and shall not be:

a. A United States Bureau of Land Management road; or

b. A United States Forest Service road unless the road is paved to a minimum width of 18 feet, there is at least one defined lane in each direction and a maintenance agreement exists between the United States Forest Service and landowners adjacent to the road, a local government or a state agency.

6. The proposed dwelling is not prohibited by and will comply with land use regulations and other provisions of law including MCC 17.110.830 through 17.110.836.

7. The dwelling will be consistent with the density policy if located in the big game habitat area identified in the Comprehensive Plan.

8. The remaining portions of the tract and the subject lot or parcel are consolidated into a single lot or parcel when the dwelling is allowed.

B. Template Dwellings. A single-family dwelling, subject to the special use and siting requirements in MCC 17.139.070, may be allowed on a lot or parcel predominantly devoted to forest use on January 1, 1993, provided:

1. The tract on which the dwelling will be sited does not include a dwelling. “Tract” means all contiguous lands in the same ownership. A tract shall not be considered to consist of less than the required acreage because it is crossed by a public road or waterway.

2. If the lot or parcel on which the dwelling will be sited was part of a tract on January 1, 2019, no dwelling existed on the tract on that date, and no dwelling exists or has been approved on another lot or parcel that was part of the tract. The other lots or parcels in the tract cannot be used to justify another forest dwelling. Evidence must be provided that covenants, conditions and restrictions have been recorded with the county clerk of the county or counties where the property is located for any other lot or parcel within the subject tract.

3. The lot or parcel is:

a. Predominantly composed of soils that are capable of producing zero to 49 cubic feet per acre per year of wood fiber, and there are within a 160-acre square centered on the center of the subject tract all or part of at least three other lots or parcels that existed on January 1, 1993, and at least three dwellings that existed on January 1, 1993, on the lots or parcels, and continue to exist; or

b. Predominantly composed of soils that are capable of producing 50 to 85 cubic feet per acre per year of wood fiber, and there are within a 160-acre square centered on the center of the subject tract all or part of at least seven other lots or parcels that existed on January 1, 1993, and at least three dwellings that existed on January 1, 1993, on the lots or parcels, and continue to exist; or

c. Predominantly composed of soils that are capable of producing more than 85 cubic feet per acre per year of wood fiber, and there are within a 160-acre square centered on the center of the subject tract all or part of at least 11 other lots or parcels that existed on January 1, 1993, and at least three dwellings that existed on January 1, 1993, on the lots or parcels, and continue to exist; and

d. If the tract is 60 acres or larger and abuts a road or perennial stream the measurements shall be made by using a 160-acre rectangle that is one mile long and one-quarter mile wide centered on the center of the subject tract and is to the maximum extent possible aligned with the road or stream; and

If a road crosses the tract on which the dwelling will be located, at least one of the required dwellings shall be on the same side of the road as the proposed dwelling and be located within the 160-acre rectangle or within one-quarter mile from the edge of the subject tract and not outside the length of the 160-acre rectangle; or

e. If the tract abuts a road that existed on January 1, 1993, and subsection (D) of this section does not apply, the measurements may be made using a 160-acre rectangle that is one mile long and one-quarter mile wide centered on the center of the subject tract and is to the maximum extent possible aligned with the road;

f. Lots or parcels within an urban growth boundary cannot be used to satisfy the requirements in this subsection;

g. Any property line adjustment to the lot or parcel after January 1, 2019, did not have the effect of qualifying the lot or parcel for a dwelling under this section; and

h. As used in this section, “centered on the subject tract” means the mathematical centroid of the tract.

4. The proposed dwelling is not prohibited by and will comply with land use regulations and other provisions of law including MCC 17.110.830 through 17.110.836.

5. The dwelling will be consistent with the density policy if located in the big game habitat area identified in the Comprehensive Plan.

C. Large Parcel Dwellings. A single-family dwelling, subject to the special use and siting requirements in MCC 17.139.070, may be allowed on a lot or parcel predominantly devoted to forest use on January 1, 1993, provided:

1. The lot or parcel on which the dwelling will be located was created before January 1, 1994, or is a consolidated parcel comprised entirely of contiguous lots or parcels that were created before January 1, 1994.

2. The lot or parcel contains at least 160 acres in the FT or TC zone, or a combination of these zones.

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

4. The proposed dwelling is not prohibited by and will comply with land use regulations and other provisions of law including MCC 17.110.830 through 17.110.836.

5. The dwelling will be consistent with the density policy if located in the big game habitat area identified in the Comprehensive Plan.

6. All of the property in a tract used for the purposes of establishing a farm dwelling shall be held, sold and conveyed subject to the following covenants, conditions and restrictions:

It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling. These covenants, conditions, and restrictions can be removed only and at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed and the authorized representative of the county or counties in which the property subject to these covenants, conditions and restrictions is located executes and records a release of the covenants, conditions and restrictions, consistent with OAR 660-006-0027.

D. Dwelling Alteration and Replacement. Alteration, restoration or replacement of a lawfully established dwelling with filing of the declaratory statement in MCC 17.139.070(B), other than as permitted in MCC 17.139.020(E), when the dwelling:

1. Has intact exterior walls and roof structure;

2. Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

3. Has interior wiring for interior lights;

4. Has a heating system; and

5. In the case of replacement, is removed, demolished or converted to an allowable nonresidential use within three months of the occupancy of the replacement dwelling;

6. In the case of replacement, the replacement dwelling shall meet siting requirements set forth in MCC 17.139.070(A)(2) or (3);

7. A lawfully established dwelling that is destroyed by wildfire may be replaced within 60 months when the county finds, based on substantial evidence, that the dwelling to be replaced contained those items listed in subsections (D)(1) through (4) of this section. For purposes of this subsection, substantial evidence includes, but is not limited to, county assessor data. The property owner of record at the time of the wildfire may reside on the subject property in an existing building, tent, travel trailer, yurt, recreational vehicle, or similar accommodation until replacement has been completed or the time for replacement has expired.

E. Relative Forest Dwelling. A single-family dwelling for a relative to assist in the harvesting, processing or replanting of forest products or in the management, operation, planning, acquisition, or supervision of forest lots or parcels of the owner may be established provided:

1. The new single-family dwelling unit will be on a lot or parcel no smaller than the minimum size in MMC 17.139.090;

2. The new single-family dwelling unit will be on a lot or parcel that contains exactly one existing single-family dwelling unit that was lawfully:

a. In existence before November 4, 1993; or

b. Lawfully established or approved as a replacement dwelling;

3. The shortest distance between any portion of the new single-family dwelling unit and any portion of the existing single-family dwelling unit is no greater than 200 feet;

4. The lot or parcel is within a rural fire protection district;

5. The new single-family dwelling unit complies with the Oregon Residential Specialty Code relating to wildfire hazard mitigation;

6. As a condition of approval of the new single-family dwelling unit shall file the declaratory statement in MCC 17.139.070(B) and in addition, the property owner shall agree to acknowledge and record in the deed records for the county in which the lot or parcel is located, one or more instruments containing irrevocable deed restrictions that:

a. Prohibit the owner and the owner’s successors from partitioning the property to separate the new single-family dwelling unit from the lot or parcel containing the existing single-family dwelling unit; and

b. Require that the owner and the owner’s successors manage the lot or parcel as a working forest under a written forest management plan, as defined in ORS 526.455, that is attached to the instrument;

7. The existing single-family dwelling is occupied by the owner or a relative;

8. The new single-family dwelling unit will be occupied by the owner or a relative;

9. The owner or a relative occupies the new single-family dwelling unit to allow the relative to assist in the harvesting, processing or replanting of forest products or in the management, operation, planning, acquisition, or supervision of forest lots or parcels of the owner; and

10. If a new single-family dwelling unit is constructed under this section, a county may not allow the new or existing dwelling unit to be used for vacation occupancy as defined in ORS 90.100;

11. As used in this section, “owner or a relative” means the owner of the lot or parcel, or a relative of the owner or the owner’s spouse, including a child, parent, stepparent, grandchild, grandparent, step-grandparent, sibling, step-sibling, niece, nephew, or first cousin of either.

F. Primary Farm Dwellings. A single-family dwelling, subject to the special use and siting requirements in MCC 17.139.070, customarily provided in conjunction with farm use. The dwelling will be considered customarily provided in conjunction with farm use when:

1. It is located on high-value farmland, as defined in MCC 17.139.130(E) on a lot or parcel predominantly devoted to farm use on January 1, 1993, and satisfies the following standards:

a. There is no other dwelling on the subject farm operation on lands zoned EFU, SA or FT other than seasonal farm worker housing. The term “farm operation” means all lots or parcels of land in the same ownership that are used by the farm operator for farm use.

b. The farm operator earned on the subject tract in the last two years, three of the last five years, or the average of the best three of the last five years at least $80,000 in gross annual income from the sale of farm products, not including marijuana. In determining gross annual income from the sale of farm products, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. Only gross income from land owned, not leased or rented, shall be counted.

c. The subject tract is currently employed for the farm use that produced the income required in subsection (F)(1)(b) of this section.

d. The dwelling will be occupied by a person or persons who produced the commodities which generated the income in subsection (F)(1)(b) of this section; or

2. It is not located on high-value farmland, as defined in MCC 17.139.130(E), on a lot or parcel predominantly devoted to farm use on January 1, 1993, and satisfies the following standards:

a. There is no other dwelling on the subject farm operation on lands zoned EFU, SA or FT other than seasonal farm worker housing. The term “farm operation” means all lots or parcels of land in the same ownership that are used by the farm operator for farm use.

b. The farm operator earned on the subject tract in the last two years, three of the last five years, or the average of the best three of the last five years at least $40,000 in gross annual income from the sale of farm products, not including marijuana. In determining gross income, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract. Only gross income from land owned, not leased or rented, shall be counted.

c. The subject tract is currently employed for the farm use that produced the income required in subsection (F)(1)(b) of this section.

d. The dwelling will be occupied by a person or persons who produced the commodities which generated the income required in subsection (F)(1)(b) of this section; or

3. It is not located on high-value farmland, as defined in MCC 17.139.130(E), on a lot or parcel predominantly devoted to farm use on January 1, 1993, and satisfies the following standards:

a. There is no other dwelling on the subject farm operation on lands zoned EFU, SA or FT other than seasonal farm worker housing. The term “farm operation” means all lots or parcels of land in the same ownership that are used by the farm operator for farm use.

b. The parcel on which the dwelling will be located is at least 160 acres.

c. The subject tract is currently employed for farm use, as defined in ORS 215.203, other than marijuana production.

d. The dwelling will be occupied by a person or persons who will be principally engaged in the farm use of the land, such as planting, harvesting, marketing, or caring for livestock, at a commercial scale;

4. It is in conjunction with a commercial dairy farm as defined in this chapter and if:

a. The subject tract will be employed as a commercial dairy as defined; and

b. The dwelling is sited on the same lot or parcel as the buildings required by the commercial dairy; and

c. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract; and

d. The dwelling will be occupied by a person or persons who will be principally engaged in the operation of the commercial dairy farm, such as the feeding, milking or pasturing of the dairy animals or other farm activities necessary to the operation of the commercial dairy farm; and

e. The building permits, if required, have been issued for and construction has begun for the buildings and animal waste facilities required for a commercial dairy farm; and

f. The Oregon Department of Agriculture has approved the following:

i. A permit for a confined animal feeding operation under ORS 468B.050 and 468B.200 through 468B.230; and

ii. A producer license for the sale of dairy products under ORS 621.072;

5. The applicant had previously operated a commercial farm use and if:

a. Within the previous two years, the applicant owned and operated a different farm or ranch operation that earned the gross farm income in each of the last five years or four of the last seven years as required by subsection (E)(1) or (2) of this section, whichever is applicable;

b. The subject lot or parcel on which the dwelling will be located is:

i. Currently employed for the farm use, as defined in this title, that produced in the last two years, three of the last five years, or the average of the best three of the last five years, the gross farm income required by subsection (F)(1) or (2) of this section, whichever is applicable; and

ii. At least the size of the applicable minimum lot size in this chapter; and

iii. Except for seasonal farmworker housing approved prior to 2001, there is no other dwelling on the subject tract; and

iv. The dwelling will be occupied by a person or persons who produced the commodities which grossed the income in subsection (E)(5)(a) of this section;

v. In determining the gross income required by subsections (F)(5)(a) and (F)(5)(b)(i) of this section, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract, and only gross income from land owned, not leased or rented, shall be counted;

6. All of the property in a tract used for the purposes of establishing a farm dwelling shall be held, sold and conveyed subject to the following covenants, conditions and restrictions:

It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling.

These covenants, conditions, and restrictions can be removed only and at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed and the authorized representative of the county or counties in which the property subject to these covenants, conditions and restrictions is located executes and records a release of the covenants, conditions and restrictions, consistent with OAR 660-006-0027.

G. Secondary Farm Dwellings. Secondary (accessory) dwellings, subject to the special use and siting requirements in MCC 17.139.070, customarily provided in conjunction with farm use, on a lot or parcel predominantly devoted to farm use on January 1, 1993, when:

1. The primary dwelling and the proposed dwelling will each be occupied by a person or persons who will be principally engaged in the farm use of the land and whose seasonal or year-round assistance in the management of the farm use, such as planting, harvesting, marketing or caring for livestock, is or will be required by the farm operator.

2. There is no other dwelling on lands in the FT, SA or EFU zones owned by the farm operator that is vacant or currently occupied by persons not working on the subject farm and could reasonably be used as an additional farm dwelling.

3. The proposed dwelling will be located:

a. On the same lot or parcel as the primary farm dwelling; or

b. On the same contiguous ownership as the primary dwelling, and the lot or parcel on which the proposed dwelling will be sited is consolidated into a single parcel with all other contiguous lots and parcels in the same ownership; or

c. On a lot or parcel on which the primary farm dwelling is not located, when the secondary farm dwelling is limited to only a manufactured dwelling with a deed restriction filed with the county clerk. The deed restriction shall require the additional dwelling to be removed when the lot or parcel is conveyed to another party. Occupancy of the additional farm dwelling shall continually comply with subsection (G)(1) of this section; or

d. On any lot or parcel, when the accessory farm dwelling is limited to only attached multi-unit residential structures allowed by the applicable state building code or similar types of farm worker housing as that existing on farm operations registered with the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division under ORS 658.750. The county shall require all accessory farm dwellings approved under this subsection to be removed, demolished or converted to a nonresidential use when farm worker housing is no longer required; or

e. On a lot or parcel on which the primary farm dwelling is not located, when the accessory farm dwelling is located on a lot or parcel at least the size of the applicable minimum lot size and the lot or parcel complies with the gross farm income requirements in subsection (G)(4) of this section, whichever is applicable.

4. The primary dwelling to which the proposed dwelling would be accessory satisfies the following criteria:

a. On land not identified as high-value farmland, the primary farm dwelling is located on land that is currently employed for farm use and the farm operator earned at least $40,000 in gross annual income from the sale of farm products, not including marijuana, in the last two years, three of the last five years, or the average of the best three of the last five years; or

b. On land identified as high-value farmland, the primary farm dwelling is located on land that is currently employed for farm use and the farm operator earned at least $80,000 in gross annual income from the sale of farm products, not including marijuana, in the last two years, three of the last five years, or the average of the best three of the last five years;

c. The primary dwelling is located on a commercial dairy farm as defined in MCC 17.139.130(C); and

i. The building permits, if required, have been issued and construction has begun or been completed for the buildings and animal waste facilities required for a commercial dairy farm; and

ii. The Oregon Department of Agriculture has approved a permit for a confined animal feeding operation under ORS 468B.050 and 468B.200 through 468B.230; and

iii. The Oregon Department of Agriculture has approved a producer license for the sale of dairy products under ORS 621.072;

d. In determining the gross income in subsections (G)(4)(a) and (b) of this section, the cost of purchased livestock shall be deducted from the total gross income attributed to the tract.

5. The dwelling will be consistent with the fish and wildlife habitat policies of the Comprehensive Plan if located in a designated big game habitat area.

6. A deed restriction (removal agreement) is filed with the county clerk requiring the removal of the home, or removal, demolition or conversion to a nonresidential use, if other residential structures are used, when the occupancy or use no longer complies with the criteria or standards under which the home was originally approved.

H. A secondary single-family dwelling on real property used for farm use since at least January 1, 1993, subject to the special use and siting requirements in MCC 17.139.070, and subject to the following standards:

1. A dwelling on property used for farm use located on the same lot or parcel as the dwelling of the farm operator, and occupied by a relative of the farm operator or farm operator’s spouse, which means grandparent, step-grandparent, grandchild, parent, step-parent, step-child, child, brother, sister, step-sibling, niece, nephew or first cousin of either, if the farm operator does or will require the assistance of the relative in the management of the farm use.

2. The farm operator shall continue to play the predominant role in management and use of the farm. A farm operator is a person who operates a farm, doing the work and making the day-to-day decisions about such things as planting, harvesting, feeding, and marketing.

3. A deed restriction is filed with the county clerk requiring removal of the dwelling when the occupancy or use no longer complies with the criteria or standards under which the dwelling was originally approved.

4. For purposes of this subsection, a commercial farm operation is one that meets the income requirements for a primary farm dwelling identified in subsection (F)(1)(b) of this section.

5. All of the property in a tract used for the purposes of establishing a farm dwelling shall be held, sold and conveyed subject to the following covenants, conditions and restrictions:

It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to use the acreage of the tract to qualify another tract for the construction or siting of a dwelling.

These covenants, conditions, and restrictions can be removed only at such time as the property described herein is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed and the authorized representative of the county or counties in which the property subject to these covenants, conditions and restrictions is located executes and records a release of the covenants, conditions and restrictions, consistent with OAR 660-006-0027.

I. Lot-of-Record Dwellings. A lot-of-record dwelling on a lot or parcel predominantly devoted to farm use on January 1, 1993, subject to the special use and siting requirements in MCC 17.139.070, and subject to the following standards and criteria:

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

a. Since prior to January 1, 1985; or

b. By devise or intestate succession from a person who acquired and had owned continuously the lot or parcel since prior to January 1, 1985.

c. “Owner,” as the term is used in this section only, 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, step-parent, step-child, grandparent, or grandchild of the owner or business entity owned by any one or combination of these family members;

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

3. If the lot or parcel on which the dwelling will be sited was part of a tract on November 4, 1993, no dwelling exists on another lot or parcel that was part of that tract; and

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

5. The request is not prohibited by, and complies with, the Comprehensive Plan and other provisions of this title, including but not limited to floodplain, greenway, and big game habitat area restrictions; and

6. The proposed dwelling will not:

a. Exceed the facilities and service capabilities of the area.

b. Create conditions or circumstances contrary to the purpose of the FT zone; and

7. A lot-of-record dwelling approval may be transferred one time only by a person who has qualified under this section to any other person after the effective date of the land use decision; and

8. The county assessor shall be notified that the county intends to allow the dwelling; and

9. The lot or parcel on which the dwelling will be sited is not high-value farmland as defined in MCC 17.139.130(E); or

10. The lot or parcel on which the dwelling will be sited is high-value farmland as defined in MCC 17.139.130(E)(2) or (3), and:

a. Is 21 acres or less in size; and

b. The tract on which the dwelling is to be sited is not a flag lot and is:

i. Bordered on at least 67 percent of its perimeter by tracts that are smaller than 21 acres, and at least two such tracts had dwellings on them on January 1, 1993; or

ii. Bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract. No more than two of the four dwellings may be within an urban growth boundary; or

c. The tract on which the dwelling is to be sited is a flag lot and is:

i. Bordered on at least 25 percent of its perimeter by tracts that are smaller than 21 acres, and at least four dwellings existed on January 1, 1993, within one-quarter mile of the center of the subject tract and on the same side of the public road that provides access to the subject tract. The board, or its designee, must interpret the center of the subject tract as the geographic center of the flag lot if the applicant makes a written request for that interpretation and that interpretation does not cause the center to be located outside the flag lot. Up to two of the four dwellings may lie within an urban growth boundary, but only if the subject tract abuts an urban growth boundary;

ii. “Flag lot” means a tract containing a narrow strip or panhandle of land providing access from the public road to the rest of the tract;

iii. “Geographic center of the flag lot” means the point of intersection of two perpendicular lines of which the first line crosses the midpoint of the longest side of a flag lot, at a 90-degree angle to the side, and the second line crosses the midpoint of the longest adjacent side of the flag lot;

11. The lot or parcel on which the dwelling is to be sited is high-value farmland as defined in MCC 17.139.130(E)(1) and:

a. The hearings officer determines that:

i. 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. For the purposes of this section, this criterion asks whether the subject lot or parcel can be physically put to farm use without undue hardship or difficulty because of extraordinary circumstances inherent in the land or its physical setting. Neither size alone nor a parcel’s limited economic potential demonstrates that a lot or parcel cannot be practicably managed for farm use. Examples of extraordinary circumstances inherent in the land or its physical setting include very steep slopes, deep ravines, rivers, streams, roads, railroad or utility lines or other similar natural or physical barriers that by themselves or in combination separate the subject lot or parcel from adjacent agricultural land and prevent it from being practicably managed for farm use by itself or together with adjacent or nearby farms. A lot or parcel that has been put to farm use despite the proximity of a natural barrier or since the placement of a physical barrier shall be presumed manageable for farm use; and

ii. The use will not force a significant change in or significantly increase the cost of farm or forest practices on surrounding lands devoted to farm or forest use; and

iii. The dwelling will not materially alter the stability of the overall land use pattern in the area. To address this standard, the following information shall be provided:

(A) Identify a study area for the cumulative impacts analysis. The study area shall include at least 2,000 acres or a smaller area not less than 1,000 acres if the smaller area is a distinct agricultural area based on topography, soil types, land use pattern, or the type of farm operations or practices that distinguish it from other, adjacent agricultural areas. Findings shall describe the study area, its boundaries, location of the subject parcel within this area, why the selected area is representative of the land use pattern surrounding the subject parcel and is adequate to conduct the analysis required by this standard. Lands zoned for rural residential or other urban or non-resource uses shall not be included in the study area;

(B) Identify within the study area the broad types of farm uses (irrigated or nonirrigated crops, pasture or grazing lands), the number, location and type of existing dwellings (farm, non-farm, hardship, etc.), and the dwelling development trends since 1993. Determine the potential number of non-farm/lot-of-record dwellings that could be approved under subsection (H) of this section and MCC 17.139.050(A), including identification of predominant soil classifications and parcels created prior to January 1, 1993. The findings shall describe the existing land use pattern of the study area including the distribution and arrangement of existing uses and the land use pattern that could result from approval of the possible non-farm dwellings under this provision;

(C) Determine whether approval of the proposed non-farm/lot-of-record dwellings together with existing non-farm dwellings will materially alter the stability of the land use pattern in the area. The stability of the land use pattern will be materially altered if the cumulative effect of existing and potential non-farm dwellings will make it more difficult for the existing types of farms in the area to continue operation due to diminished opportunities to expand, purchase, lease farmland, or acquire water rights or diminish the number of tracts or acreage in farm use in a manner that will destabilize the overall character of the study area.

b. The county shall provide notice of the application for a dwelling allowed under this subsection to the Oregon Department of Agriculture.

J. Dwelling Alteration and Replacement. Alteration, restoration or replacement of a lawfully established dwelling with filing of the declaratory statement in MCC 17.139.070(B), other than as permitted in MCC 17.139.020(E), when:

1. The dwelling to be altered, restored or replaced has or formerly had:

a. Intact exterior walls and roof structure;

b. Indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;

c. Interior wiring for interior lights; and

d. A heating system; and

2. In addition to the provisions of subsection (I)(1) of this section, the dwelling to be replaced meets one of the following conditions:

a. If the dwelling was removed, destroyed or demolished;

i. The dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; and

ii. Any removal, destruction, or demolition occurred on or after January 1, 1973.

b. If the dwelling is currently in such a state of disrepair that the dwelling is unsafe for occupancy or constitutes an attractive nuisance, the dwelling’s tax lot does not have a lien for delinquent ad valorem taxes; or

c. A dwelling not described in subsection (I)(2)(a) or (b) of this section was assessed as a dwelling for the purposes of ad valorem taxation:

i. For the previous five property tax years; or

ii. From the time when the dwelling was erected upon or affixed to the land and became subject to assessment as described in ORS 307.010;

3. The dwelling to be replaced must be removed, demolished or converted to an allowable nonresidential use:

a. Within one year after the date the replacement dwelling is certified for occupancy pursuant to ORS 455.055; or

b. If the dwelling to be replaced is, in the discretion of the permitting authority, in such a state of disrepair that the structure is unsafe for occupancy or constitutes an attractive nuisance, on or before a date set by the permitting authority that is not less than 90 days after the replacement permit is issued; and

c. If a dwelling is removed by moving it off the subject parcel to another location, the applicant must obtain approval from the permitting authority for the new location;

4. The applicant must cause to be recorded in the deed records of the county a statement that the dwelling to be replaced has been removed, demolished or converted;

5. As a condition of approval, if the dwelling to be replaced is located on a portion of the lot or parcel that is not zoned for exclusive farm use, the applicant shall execute and cause to be recorded in the deed records of the county in which the property is located a deed restriction prohibiting the siting of another dwelling on that portion of the lot or parcel. The restriction imposed is irrevocable unless the county planning director, or the director’s designee, places a statement of release in the deed records of the county to the effect that the provisions of 2013 Oregon Laws, Chapter 462, Section 2 and either ORS 215.213 or 215.283 regarding replacement dwellings have changed to allow the lawful siting of another dwelling;

6. A replacement dwelling must comply with applicable building codes, plumbing codes, sanitation codes and other requirements relating to health and safety or to siting at the time of construction. However, the standards may not be applied in a manner that prohibits the siting of the replacement dwelling;

7. The replacement dwelling must be sited on the same lot or parcel consistent with the following:

a. Using all or part of the footprint of the replaced dwelling or near a road, ditch, river, property line, forest boundary or another natural boundary of the lot or parcel; and

b. If possible, for the purpose of minimizing the adverse impacts on resource use of land in the area, within a concentration or cluster of structures or within 500 yards of another structure. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.030.]

The following uses may be permitted in the FT zone subject to approval of the request by the director, based on satisfaction of the standards and criteria specified for each use, pursuant to the procedures in Chapter 17.115 MCC.

A. Farm Stand. Farm stand subject to the following standards:

1. The structures shall be designed and used for sale of farm crops and livestock grown on the farm operation, or grown on the farm operation and other farm operations in the state of Oregon, including processed food items, and the sale of retail incidental items and fee-based activity to promote the sale of farm crops or livestock sold at the farm stand; and

2. Annual sales of the incidental items and fees from promotional activity, sales of farm crops produced outside the state of Oregon, and sales of prepared food items together cannot make up more than 25 percent of the total annual sales of the farm stand; and

3. The farm stand does not include structures designed for occupancy as a residence or for activities other than the sale of farm crops and livestock and does not include structures for banquets, public gatherings or public entertainment;

4. As used in this section, “processed food items” means farm crops and livestock that have been converted into other products through canning, drying, baking, freezing, pressing, butchering or other similar means of adding value to the farm product, such as jams, syrups, apple cider, and similar animal products, but not prepared food items;

5. As used in this section, “prepared food items” means food products that are prepared for immediate consumption, such as pies, shortcake, milk shakes, smoothies, and baked goods;

6. Adequate off-street parking shall be provided and all vehicle maneuvering will be conducted on site. No vehicle backing or maneuvering shall occur within adjacent roads, streets or highways;

7. No farm stand building or parking is permitted within the right-of-way;

8. Roadways, driveway aprons, driveways and parking surfaces shall be surfaces that prevent dust, and may include paving, gravel, cinders, or bark/wood chips;

9. Approval is required from the county public works department regarding adequate egress and access including compliance with vision clearance standards. All egress and access points shall be clearly marked;

10. All outdoor light fixtures shall be directed downward, and have full cutoff and full shielding to preserve views of the night sky and to minimize excessive light spillover onto adjacent properties, roads and highways;

11. Signs are permitted consistent with Chapter 17.191 MCC;

12. All required permits shall be obtained from the Marion County health department or the Department of Agriculture, as required;

13. When requested by the planning director, the farm stand operator/landowner shall submit a statement demonstrating how the farm stand complies with this policy, certified by the landowner’s/operator’s accountant or attorney as being accurate and complete;

14. A farm stand may not be used for the sale of marijuana products or to promote the sale of marijuana products or extracts.

B. Winery. A winery subject to the standards in MCC 17.125.030 or 17.125.035.

C. Religious Organizations and Cemeteries. Religious organizations and cemeteries in conjunction with religious organizations subject to the following:

1. New religious organizations and cemeteries in conjunction with religious organizations:

a. May not be established on high-value farmland.

b. New religious organizations and cemeteries in conjunction with religious organizations, not on high-value farmland, may be established. All new religious organizations and cemeteries in conjunction with religious organizations within three miles of an urban growth boundary shall meet the following standards:

i. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved, unless an exception is approved pursuant to OAR Chapter 660, Division 004.

ii. Any new enclosed structure or group of enclosed structures subject to this section shall be situated no less than one-half mile from other enclosed structures approved under OAR 660-33-130(2) on the same tract.

iii. For the purposes of this subsection, “tract” means a tract as defined in MCC 17.139.130(F) in existence on May 5, 2010.

2. Existing religious organizations and cemeteries in conjunction with religious organizations:

a. Existing religious organizations and cemeteries in conjunction with religious organizations may be maintained, enhanced, or expanded on the same tract wholly within a farm zone.

b. Existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits in subsections (C)(1)(b)(i) through (iii) of this section.

D. Public and Private Schools. Public or private schools for kindergarten through grade 12, including all buildings essential to the operation of a school, subject to the following:

1. New schools primarily for the residents of the rural area in which the school is located:

a. New schools may not be established on high-value farmland.

b. New schools not on high-value farmland may be established. Any new school within three miles of an urban growth boundary shall meet the following standards:

i. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved, unless an exception is approved pursuant to OAR Chapter 660, Division 004.

ii. Any new enclosed structure or group of enclosed structures subject to this section shall be situated no less than one-half mile from other enclosed structures approved under OAR 660-33-130(2) on the same tract.

iii. For the purposes of this subsection, “tract” means a tract as defined in MCC 17.139.130(F) in existence on May 5, 2010.

c. New schools must be determined to be consistent with the provisions contained in MCC 17.139.060(A)(1).

2. Existing schools primarily for the residents of the rural area in which the school is located:

a. Existing schools on high-value farmland may be maintained, enhanced, or expanded on the same tract wholly within a farm zone.

b. Existing schools not on high-value farmland may be maintained, enhanced, or expanded consistent with the provisions contained in MCC 17.139.060(A)(1).

c. Existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits in subsections (D)(1)(b)(i) through (iii) of this section.

3. Existing schools that are not primarily for residents of the rural area in which the school is located may be expanded on the tax lot on which the use was established or on a contiguous tax lot owned by the applicant on January 1, 2009; however, existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits in subsections (D)(1)(b)(i) through (iii) of this section.

E. Filming Activities. On-site filming and activities accessory to filming, as defined in MCC 17.139.130(B), if the activity:

1. Involves filming or activities accessory to filming for more than 45 days; or

2. Involves erection of sets that would remain in place longer than any 45-day period;

3. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use.

F. Facilities for the Processing of Farm Crops. A facility for the processing of farm crops, an establishment for the slaughter, processing or selling of poultry or poultry products pursuant to ORS 603.038, or the production of biofuel as defined in ORS 315.141, subject to the following:

1. A processing area of less than 10,000 square feet shall be established. The processing facility shall comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits siting of the processing facility.

2. Uses less than 2,500 square feet for its processing area shall be allowed notwithstanding any applicable siting standard. However, applicable standards and criteria pertaining to floodplains, geologic hazards, airport safety and fire siting standards shall apply.

3. Division of a lot or parcel that separates a processing facility from the farm operation on which is it is located shall not be approved.

4. A medical marijuana processor as defined in MCC 17.110.376 shall:

a. Be conducted entirely indoors; and

b. Emit no light visible to adjacent neighboring property owners or the public; and

c. Utilize an air filtration system to ensure odors are not detectable on adjacent neighboring properties.

5. As used in this section, the following definitions apply:

a. “Facility for the processing of farm products” means a facility for:

i. Processing farm crops, including the production of biofuel as defined in ORS 315.141, if at least one-quarter of the farm crops come from the farm operation containing the facility; or

ii. Slaughtering, processing or selling poultry or poultry products from the farm operation containing the facility and consistent with the licensing exemption for a person under ORS 603.038(2).

b. “Processing area” means the floor area of a building dedicated to farm product processing. “Processing area” does not include the floor area designated for preparation, storage or other farm use.

G. Model Aircraft. A site for the takeoff and landing of model aircraft, including such buildings or facilities as may reasonably be necessary subject to the following:

1. Buildings and facilities associated with a site for the takeoff and landing of model aircraft shall not be more than 500 square feet in floor area or placed on a permanent foundation unless the building or facility pre-existed the use.

2. The site shall not include an aggregate surface or hard area surface unless the surface pre-existed the use.

3. As used in this section, “model aircraft” means a small-scale version of an airplane, glider, helicopter, dirigible or balloon that is used or intended to be used for flight and controlled by radio, lines or design by a person on the ground.

4. An owner of property used for the purpose authorized in this subsection may charge a person operating the use on the property rent for the property. An operator may charge users of the property a fee that does not exceed the operator’s cost to maintain the property, buildings and facilities.

H. Repealed by Ord. 1397.

I. 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 200 feet in height. A facility is “necessary” if it must be situated in the FT zone in order for the service to be provided. An applicant must demonstrate that reasonable alternatives have been considered and that the facility must be sited in an FT zone due to one or more of the following factors as found in OAR 660-033-0130(16):

1. Technical and engineering feasibility;

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

3. Lack of available urban and nonresource lands;

4. Availability of existing rights-of-way;

5. Public health and safety; and

6. Other requirements of state and federal agencies.

a. Costs associated with any of the factors listed above may be considered, but cost alone may not be the only consideration in determining that a utility facility is necessary for public service. Land costs shall not be included when considering alternative locations for substantially similar utility facilities and the siting of utility facilities that are not substantially similar.

b. The owner of a utility facility approved under this section shall be responsible for restoring to its former condition as nearly as possible any agricultural land and associated improvements that are damaged or otherwise disturbed by the siting, maintenance, repair or reconstruction of the facility. Nothing in this subsection shall prevent the owner of the utility facility from requiring a bond or other security from a contractor or otherwise imposing on a contractor the responsibility for restoration.

c. The applicant shall address the requirements of MCC 17.139.060(A)(1).

d. In addition to the provisions above, the establishment or extension of a sewer system as defined by OAR 660-011-0060(1)(f) in a farm/timber zone shall be subject to the provisions of OAR 660-011-0060.

e. The provisions of this subsection do not apply to interstate natural gas pipelines and associated facilities authorized by and subject to regulation by the Federal Energy Regulatory Commission.

f. If the criteria contained in this subsection (I) for siting a utility facility on land zoned for exclusive farm use are met for a utility facility that is a transmission line, the utility provider shall, after the route is approved by the siting authorities and before construction of the transmission line begins, consult the record owner of high-value farmland in the planned route for the purpose of locating and constructing the transmission line in a manner that minimizes the impact on farming operations on high-value farmland. If the record owner does not respond within two weeks after the first documented effort to consult the record owner, the utility provider shall notify the record owner by certified mail of the opportunity to consult. If the record owner does not respond within two weeks after the certified mail is sent, the utility provider has satisfied the provider’s obligation to consult. The requirement to consult under this section is in addition to and not in lieu of any other legally required consultation process. For the purposes of this subsection:

i. “Consult” means to make an effort to contact for purpose of notifying the record owner of the opportunity to meet.

ii. “Transmission line” means a linear utility facility by which a utility provider transfers the utility product in bulk from a point of origin or generation, or between transfer stations, to the point at which the utility product is transferred to distribution lines for delivery to end users.

7. An associated transmission line shall be considered necessary for public service solely based on the criteria below:

a. “Associated transmission line” means a new transmission line constructed to connect an energy facility to the first point of junction of such transmission line or lines with either a power distribution system or an interconnected primary transmission system or both or to the Northwest Power Grid.

b. An associated transmission line is necessary for public service if it is demonstrated to meet either subsection (I)(7)(b)(i) or (ii) of this section:

i. An applicant demonstrates that the entire route of the associated transmission line meets at least one of the following requirements:

(A) The associated transmission line is not located on high-value farmland, as defined in ORS 195.300, or on arable land;

(B) The associated transmission line is co-located with an existing transmission line;

(C) The associated transmission line parallels an existing transmission line corridor with the minimum separation necessary for safety; or

(D) The associated transmission line is located within an existing right-of-way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground.

ii. After an evaluation of reasonable alternatives, an applicant demonstrates that the entire route of the associated transmission line meets, subject to subsections (I)(7)(b)(iii) and (iv) of this section, two or more of the following criteria:

(A) Technical and engineering feasibility;

(B) The associated transmission line is locationally dependent because the associated transmission line must cross high-value farmland, as defined in ORS 195.300, or arable land to achieve a reasonably direct route or to meet unique geographical needs that cannot be satisfied on other lands;

(C) Lack of an available existing right-of-way for a linear facility, such as a transmission line, road or railroad, that is located above the surface of the ground;

(D) Public health and safety; or

(E) Other requirements of state or federal agencies.

iii. As pertains to subsection (I)(7)(b)(ii) of this section, the applicant shall present findings to the governing body of the county or its designee on how the applicant will mitigate and minimize the impacts, if any, of the associated transmission line on surrounding lands devoted to farm use in order to prevent a significant change in accepted farm practices or a significant increase in the cost of farm practices on the surrounding farmland.

iv. The governing body of a county or its designee may consider costs associated with any of the factors listed in subsection (I)(7)(b)(ii) of this section, but consideration of cost may not be the only consideration in determining whether the associated transmission line is necessary for public service.

J. Parking of not more than seven log trucks on a tract when the use will not:

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

2. Significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use.

K. Fire service facilities providing rural fire protection services.

L. Irrigation reservoirs, canals, delivery lines and those structures and accessory operational facilities, not including parks or other recreational structures and features, associated with a district as defined in ORS 540.505.

M. Utility Facility Service Lines. Utility facility service lines and accessory facilities or structures that end at the point where the utility service is received by the customer and that are located on one or more of the following:

1. A public right-of-way;

2. Land immediately adjacent to a public right-of-way, provided the written consent of all adjacent property owners has been obtained; or

3. The property to be served by the utility.

N. Subject to the issuance of a license, permit or other approval by the Department of Environmental Quality under ORS 454.695, 459.205, 468B.050, 468B.053 or 468B.055, or in compliance with rules adopted under ORS 468B.095, and with the requirements of ORS 215.246, 215.247, 215.249, and 215.251, the land application of reclaimed water, agricultural process or industrial process water or biosolids or the on-site treatment of septage prior to the land application of biosolids, for agricultural, horticultural or silvicultural production, or for irrigation in connection with a use allowed in the farm/timber zone under this chapter. For the purposes of this section, on-site treatment of septage prior to the land application of biosolids is limited to treatment using treatment facilities that are portable, temporary and transportable by truck trailer, as defined in ORS 801.580, during a period of time within which land application of biosolids is authorized under the license, permit or other approval.

O. Parking of not more than seven dump trucks and not more than seven trailers on a tract when the use will not:

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

2. Significantly increase the cost of accepted farm or forest practices on surrounding land devoted to farm or forest use.

P. Dog training classes or testing trials conducted outdoors or in agricultural buildings existing on June 4, 2012, subject to the following:

1. The number of dogs in each training class shall not exceed 10.

2. There shall be no more than six training classes per day.

3. The number of dogs participating in the testing trials shall not exceed 60.

4. There shall be no more than four testing trials per calendar year.

Q. Cider Business. A cider business is subject to the standards in MCC 17.125.140.

R. Farm Brewery. A farm brewery is subject to the standards in MCC 17.125.150. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1397 § 4 (Exh. B), 2019; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.040.]

The following uses may be permitted in an FT zone subject to obtaining a conditional use permit and satisfying the criteria in MCC 17.139.060(A) and any additional criteria, requirements and standards specified for the use:

A. Single-family dwelling or mobile home not in conjunction with farm uses on a lot or parcel predominantly devoted to farm use on January 1, 1993, meeting the criteria and standards in MCC 17.139.060(B) and 17.139.070.

B. Temporary residence for hardship purposes per MCC 17.120.040, meeting the standards and requirements in MCC 17.139.070.

C. The following uses supporting forest operations:

1. Log scaling and weigh stations.

2. Permanent logging equipment repair and storage.

3. Forest management research and experimentation facilities as defined in ORS 526.215 or where accessory to a forest operation.

4. Temporary portable facility for the primary processing of forest products, subject to MCC 17.139.060(I).

D. The following commercial uses:

1. Home occupations, including bed and breakfast inns, subject to MCC 17.139.060(C) and the requirements in MCC 17.139.070(B).

2. Commercial activities in conjunction with farm use, including the processing of farm crops into biofuel not permitted under MCC 17.139.040(F), and subject to MCC 17.139.060(L), but including a winery not permitted under MCC 17.139.040(B), but not including a medical marijuana processor as defined in MCC 17.110.376, subject to MCC 17.139.060(L).

3. Dog kennels in conjunction with a dwelling occupied by the kennel operator, subject to the requirements in MCC 17.139.070(B).

4. Room and board arrangements for a maximum of five unrelated persons in an existing dwelling, subject to the requirements in MCC 17.139.070(B).

5. The propagation, cultivation, maintenance and harvesting of aquatic species that are not under the jurisdiction of the State Fish and Wildlife Commission.

6. A landscape contracting business, as defined in ORS 671.520, or a business providing landscape architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the growing and marketing of nursery stock on the land that constitutes farm use.

7. Composting Facilities.

a. Existing composting operations and facilities that do not meet MCC 17.139.020(S) may be maintained, enhanced, or expanded on the same tract subject to meeting the performance and permitting requirements of the Department of Environmental Quality (DEQ) under OAR 340-093-0050 and 340-096-0060, subject to compost facility operators preparing, implementing and maintaining a site-specific odor minimization plan that:

i. Meets the requirements of OAR 340-096-0150;

ii. Identifies the distance of the proposed operation to the nearest residential zone;

iii. Includes a complaint response protocol;

iv. Is submitted to the DEQ with the required permit application; and

v. May be subject to annual review by the county to determine if any revisions are necessary.

b. New composting operations and facilities that do not meet MCC 17.139.020(S) may be established on land not defined as high-value farmland subject to the following:

i. Meet the performance and permitting requirements of the Department of Environmental Quality under OAR 340-093-0050 and 340-096-0060; and

ii. Buildings and facilities used in conjunction with the composting operation shall only be those required for the operation of the subject facility;

iii. On-site sales shall be limited to bulk loads of at least one unit (7.5 cubic yards) in size that are transported in one vehicle; and

iv. Compost facility operators must prepare, implement and maintain a site-specific odor minimization plan that:

(A) Meets the requirements of OAR 340-096-0150;

(B) Identifies the distance of the proposed operation to the nearest residential zone;

(C) Includes a complaint response protocol;

(D) Is submitted to the DEQ with the required permit application; and

(E) May be subject to annual review by the county to determine if any revisions are necessary.

8. Operations for the extraction and bottling of water, except in the sensitive groundwater overlay zone.

9. Agri-tourism events and activities that do not promote the use or sale of marijuana products or extracts, subject to the requirements in MCC 17.120.090.

10. Dog training classes or testing trials not permitted under MCC 17.139.040(M).

E. The following mining and processing activities:

1. Operations for the exploration for and production of oil, gas and geothermal resources as defined by ORS 520.005 and 522.005, including the placement and operation of compressors, separators and storage serving multiple wells and other customary production equipment otherwise permitted in this chapter.

2. Operations conducted for mining, crushing or stockpiling of aggregate and other mineral and other subsurface resources subject to ORS 215.298 and MCC 17.120.410 through 17.120.480.

3. Processing as defined in ORS 517.750 of aggregate into asphalt or portland cement subject to the standards in MCC 17.139.060(D) and 17.120.410 through 17.120.480.

4. Processing of other mineral resources and other subsurface resources subject to MCC 17.120.410 through 17.120.480.

5. Temporary asphalt and concrete batching plants as accessory uses to specific highway projects.

F. The following utility uses:

1. Water intake facilities, related treatment facilities, pumping stations, and distribution lines.

2. Television, microwave and radio communications facilities and transmission towers over 200 feet in height.

3. Utility facilities for the purpose of generating power. A power generation facility shall not preclude more than:

a. Ten acres from use as a commercial forest operation unless an exception is taken pursuant to OAR Chapter 660, Division 004.

b. Twelve acres from use as a commercial agricultural enterprise on high-value farmland unless an exception is taken pursuant to OAR Chapter 660, Division 004.

c. Twenty acres from use as a commercial agricultural enterprise on farmland that is not high-value unless an exception is taken pursuant to ORS 197.732 and OAR Chapter 660, Division 004.

4. Aids to navigation and aviation.

5. New electric transmission lines with right-of-way widths of up to 100 feet specified in ORS 772.210.

6. New distribution lines (gas or oil, for example) with right-of-way widths up to 50 feet.

G. Personal-use airports for airplanes and helicopter pads, including associated hangar, maintenance and service facilities as defined in ORS 215.283(2)(h).

H. The following recreation uses subject to MCC 17.139.060(M):

1. Private parks, playgrounds and campgrounds, subject to MCC 17.139.060(E) and (F), and subject to MCC 17.139.070(B).

2. Private seasonal accommodations for fee hunting or fishing operations, subject to MCC 17.139.060(E) and (G), and subject to MCC 17.139.070(B).

3. Destination resorts reviewed and approved pursuant to the destination resort siting requirements in ORS 197.435 through 197.465 and State Land Use Goal 8, subject to MCC 17.139.060(E) and 17.139.070(B).

4. Community centers, operated primarily by and for residents of the local rural community, where the land and facilities are owned and operated by a governmental agency or a nonprofit community organization, subject to MCC 17.139.070(B).

5. Public parks, open spaces, and playgrounds including only those uses specified under OAR 660-034-035 or 660-034-0040, whichever is applicable, and with filing of the declaratory statement in MCC 17.137.100(C) and consistent with ORS 195.120 and subject to MCC 17.139.070(B).

6. Golf courses, as defined in MCC 17.139.130(D) and subject to the requirements of MCC 17.139.060(H) and subject to MCC 17.139.070(B).

7. A “youth camp” may be established in compliance with OAR 660-006-0031. The purpose is for the establishment of a youth camp that is generally self-contained and located on a parcel suitable to limit potential impacts on nearby and adjacent land and to be compatible with the forest environment. This title applies to youth camps established after July 12, 1999, and shall meet the requirements in MCC 17.139.060(J).

8. Living history museum on a lot or parcel where the predominant use of the tract on January 1, 1993, was farm use, subject to MCC 17.139.060(K), with the filing of a declaratory statement in MCC 17.139.070(B).

I. Disposal site for solid waste that has been ordered established by the Oregon Environmental Quality Commission under ORS 459.049, or for which the Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation (see specific conditional uses, MCC 17.120.310 through 17.120.380), subject to MCC 17.139.060(E) and 17.139.070(B).

J. Reservoirs and water impoundments, subject to MCC 17.139.070(B).

K. Firearms training facility as provided in ORS 197.770.

L. The following transportation uses:

1. Construction of additional passing and travel lanes requiring the acquisition of right-of-way but not resulting in the creation of new land parcels.

2. 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.

3. Improvement of public road 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.

4. Roads, highways, and other transportation facilities and improvements not otherwise allowed in this chapter, when an exception to statewide Goal 3 and any other applicable statewide planning goal with which the facility or improvement does not comply, and subject to OAR Chapter 660, Division 12.

M. Fire stations for rural fire protection.

N. The propagation, cultivation, maintenance and harvesting of aquatic species.

O. A residential home or adult foster home as defined in ORS 197.660 and MCC 17.110.477, in an existing dwelling, subject to the requirements in MCC 17.139.070(B).

P. A replacement dwelling to be used in conjunction with farm use if the existing dwelling is listed in the Comprehensive Plan inventory and the National Register of Historic Places as historic property as defined in ORS 358.480 and subject to the requirements in MCC 17.139.070(B).

Q. Expansion of an existing, legally established airport.

R. Expansion of existing schools not for kindergarten through grade 12 established on or before January 1, 2009, on the same tract wholly within a farm zone subject to MCC 17.139.060(M). [Ord. 1397 § 4 (Exh. B), 2019; Ord. 1372 § 4 (Exh. A), 2016; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.050.]

The uses identified in MCC 17.139.050 shall satisfy the criteria in the applicable subsections below.

A. The following criteria apply to all uses in MCC 17.139.050 and other uses where referenced:

1. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary.

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

3. Adequate fire protection and other rural services are or will be available when the use is established.

4. The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, soil and slope stability, air and water quality.

5. Any noise associated with the use will not have a significant adverse impact on nearby land uses.

6. The use will not have a significant adverse impact on potential water impoundments identified in the Comprehensive Plan, and not create significant conflicts with operations included in the Comprehensive Plan inventory of significant mineral and aggregate sites.

B. Non-Farm Dwellings. The following additional criteria apply to non-farm dwellings:

1. The dwelling will be sited on a lot or parcel that is predominantly composed of Class IV through Class VIII soils that would not, when irrigated, be classified as prime, unique, Class I or Class II soils. Soils classifications shall be those of the Soil Conservation Service in its most recent publication, unless evidence is submitted as required in MCC 17.139.120(B).

2. The dwelling will be sited on a lot or parcel that does not currently contain a dwelling and was created before January 1, 1993. The boundary of the lot or parcel cannot be changed after November 4, 1993, in any way that enables the lot or parcel to meet the criteria for a non-farm dwelling.

3. The dwelling will not materially alter the stability of the overall land use pattern of the area. In making this determination the cumulative impact of possible new non-farm dwellings and parcels on other lots or parcels in the area similarly situated shall be considered. To address this standard, information outlined in MCC 17.139.030(I)(11)(a)(iii) shall be provided.

4. Disqualification. Prior to issuance of any residential building permit for an approved non-farm dwelling under MCC 17.139.050(A), the applicant shall provide evidence that the county assessor has disqualified the lot or parcel for valuation at true cash value for farm or forest use; and that the additional tax or penalty has been imposed, if any is applicable, as provided by ORS 308A.113 or 308A.724 or 321.359(1)(b), 321.842(1)(A) and 321.716. A parcel that has been disqualified under this section shall not requalify for special assessment unless, when combined with another contiguous parcel, it constitutes a qualifying parcel.

C. Home Occupations.

1. Notwithstanding MCC 17.110.270 and 17.120.075, home occupations, including the parking of vehicles in conjunction with the home occupation and bed and breakfast inns, are subject to the following criteria:

a. A home occupation or bed and breakfast inn shall be operated by a resident of the dwelling on the property on which the business is located. Including residents, no more than five full-time or part-time persons shall work in the home occupation (“person” includes volunteer, nonresident employee, partner or any other person).

b. It shall be operated substantially in:

i. The dwelling; or

ii. Other buildings normally associated with uses permitted in the zone in which the property is located.

c. It shall not unreasonably interfere with other uses permitted in the zone in which the property is located.

d. A home occupation shall not be authorized in structures accessory to resource use on high-value farmland.

e. A sign shall meet the standards in Chapter 17.191 MCC.

f. The property, dwelling or other buildings shall not be used for assembly or dispatch of employees to other locations.

g. Retail and wholesale sales that do not involve customers coming to the property, such as internet, telephone or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation.

2. Notwithstanding MCC 17.110.270 and 17.120.075, an event business hosting weddings, family reunions, class reunions, company picnics, memorials, and similar gatherings may be established as a home occupation subject to the following criteria:

a. Farm Assessment. All or a portion of the subject property where the event business will operate shall be subject to special assessment for farm use.

b. Owner. The property owner of the property upon which the event business is located shall be the operator of the event business and shall reside full-time in the dwelling on the property.

c. Employees. The property owner shall employ on the site no more than five full-time or part-time persons per ORS 215.448(1)(b).

d. Number of Events. A maximum of 18 events per calendar year may be held on the property.

e. Frequency. No more than three events a week shall occur from May 1st to September 30th and one event a week from October 1st to April 30th.

f. Duration. No event shall exceed three consecutive days including setup and take down.

g. Hours of Operation. No event shall take place before the hour of 7:00 a.m. or after the hour of 10:00 p.m. Setup and takedown shall occur as well between the hours of 7:00 a.m. and 10:00 p.m.

h. Guests. The property owner shall ensure that the maximum occupancy approved by the Marion County building official and local fire district is not exceeded in structures on the property at any time. A lower limit may be imposed based on the number of employees able to provide services to the guests. The applicant shall demonstrate how the employees of the business are able to provide services to all the guests at the event. All events shall be conducted in such a way as to comply with conditions of approval placed on the event business operation.

i. Structures. The event business shall be operated substantially in the dwelling, or other buildings normally associated with uses permitted in the zone in which the property is located. New structures shall obtain a building permit for the use. Existing structures shall obtain a change of use from building inspection. In either case, system development charges applied for the additional traffic impacts anticipated shall be paid prior to building permit issuance. Any changes to a structure shall not render the structure a building not normally associated with uses permitted in the zone.

j. Tents. Tents may be used in conjunction with the event business. Tents shall be considered outdoor areas for the purposes of this code.

k. Outdoor Area. For events which take place both indoors and outdoors, at least 80 percent of the area of the property dedicated to the event business shall be indoors and at most 20 percent of the area of the property dedicated to the event business may be outdoors, exclusive of parking.

l. Parking. A parking and traffic circulation plan shall be provided demonstrating adequate parking being provided on site to accommodate all traffic associated with the event business subject to the following:

i. No parking in rights-of-way or roadway easements shall be permitted.

ii. Parking may be provided on a different parcel subject to evidence of an agreement with that property for the use.

iii. Adequate internal circulation shall be provided to ensure that traffic does not cause a significant adverse impact to local roadways.

iv. The parking and traffic circulation plan shall also provide for fire and emergency ingress and egress.

v. Events that take place between October 1st and April 30th shall have parking provided with an all-weather surface consisting of gravel, asphalt, or concrete.

vi. Events that take place between May 1st and September 30th shall either have parking provided with an all-weather surface consisting of gravel, asphalt, or concrete or provided by an earthen or organic surface maintained to minimize fire hazards.

vii. The property owner shall obtain all necessary permits for access and egress, as well as provide a traffic control plan if required by Marion County public works.

viii. The use will not require new driveway access to the street unless approved by public works director. The property owner shall obtain all necessary driveway access permits from the roadway authority to bring the new or existing access into conformance with county standards.

m. Minimum Setbacks. New structures and outdoor areas associated with the event business, including generators and other ancillary uses, but not including parking, shall be set back a minimum of 50 feet from public rights-of-way and adjoining parcels with an existing residence within 50 feet of the site of the event business or approved for a residence within 50 feet of the site of the event business, or zoned acreage residential.

n. Fencing. Property lines adjacent to a property with an existing residence within 50 feet of the site of the event business or approved for a residence within 50 feet of the site of the event business, or zoned acreage residential shall be provided with a solid fence, wall, or hedge. A 15-foot-wide vegetative buffer consisting of trees, which will attain at least eight feet in height within five years, and shrubs, which will provide a complete visual sight buffer within five years, may be substituted for the fence, wall, or hedge.

o. Lighting. Parking lots shall have lighting capable of providing adequate illumination for security and safety. All light sources shall be constructed, down shielded and used so as not to illuminate directly on or create glare visible from adjacent properties or public rights-of-way.

p. Noise. The event business shall comply with Chapter 8.45 MCC related to noise except that no amplified sound or use of a generator shall occur outside of a building before the hour of 7:00 a.m. or after the hour of 10:00 p.m.

q. Signs. In addition to the signs permitted in Chapter 17.191 MCC:

i. One unlighted sign not exceeding 32 square feet related to the event business may be placed on a fence or structure subject to the height, setback, and illumination standards in Chapter 17.191 MCC.

ii. Three unlighted temporary signs not exceeding 32 square feet each may be placed on the property or nearby properties subject to the height, setback, and illumination standards in Chapter 17.191 MCC.

iii. Any temporary sign shall be removed no more than 24 hours after an event.

r. Water Source. If a well is used in conjunction with the business, the property owner shall consult with Marion County health and human services to determine if compliance with a state public water system is required. Any identified public water systems must comply with drinking water quality standards as administered by the Oregon Health Authority Drinking Water Services. The property owner also shall obtain any necessary permits from the Oregon Department of Water Resources. Evidence that required permits were obtained shall be provided to Marion County planning.

s. On-Site Wastewater. The property owner shall obtain all necessary permits for on-site wastewater disposal. In the event that portable restroom facilities, including hand-sanitizing or hand-washing stations, are used, these shall be screened from adjacent lots and rights-of-way by sight-obscuring fences or plantings and be located a minimum of 50 feet from the property lines of all adjoining properties.

t. Kitchen. Any kitchen shall obtain necessary permits from Marion County building inspection and from Marion County health and human services. Evidence that required permits were obtained shall be provided to Marion County planning.

u. Alcohol. If alcohol is served, the property owner shall obtain all necessary permits, or ensure that all necessary permits have been obtained from the Oregon Liquor and Cannabis Commission.

v. Other Uses. The event business shall not unreasonably interfere with other uses permitted in the zone in which the property is located. The property owner shall provide evidence that all contracts include the requirement that the customer has signed and agreed to the following statement:

This event business is situated in or near a farm or forest zone or area in Marion County, Oregon, where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents, property owners, and visitors may be subjected to common, customary and accepted farm or forest management practices conducted in accordance with federal and state laws that ordinarily and necessarily produce noise, dust, smoke and other impacts. I do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of using this venue. I acknowledge the need to avoid activities that conflict with nearby farm and forest uses and practices, signatories will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937.

w. Dispatch of Employees. The property, dwelling, or other buildings shall not be used for assembly or dispatch of employees to other locations.

x. Sales. Retail and wholesale sales that do not involve customers coming to the property, such as internet, telephone, or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation.

y. Alteration of Property. No other alteration of land shall occur other than that approved in conjunction with an approval for an event business subject to the following:

i. On days when events are not occurring, the property shall not take on characteristics of an event business, aside from structures and parking areas approved as part of this permit.

ii. When events are not taking place, any equipment, furniture, or other items related to the event business shall be stored indoors.

z. Transfer of Property. Any approval is only for the property owner at the time of application. If the property is subsequently sold or transferred to another person or entity, the new property owner must indicate review and acceptance of the conditions of the land use approval prior to operating the business.

aa. Annual Submittal. Event business approvals must be renewed every year subject to the property owner providing the following information:

i. Evidence of the annual renewal of permits required by other agencies and departments.

ii. A log of events held the prior calendar year.

iii. Any revisions to the site plan or parking and traffic circulation plan or both. Such revisions may be subject to review and approval by the planning director and public works director for consistency with the home occupation event business approval.

iv. Evidence that the property continues to be subject to special assessment for farm use.

D. New uses that batch and blend mineral and aggregate into asphalt cement may not be authorized within two miles of a planted vineyard. “Planted vineyard” means one or more vineyards totaling 40 acres or more that are planted as of the date the application for batching and blending is filed.

E. For uses listed in MCC 17.139.050(D)(3), (H)(1), (2) and (3), and (I), new facilities on high-value farmland shall not be authorized. Existing legally established facilities on high-value farmland may be maintained, enhanced, or expanded on the same tract where the current use is located.

F. Private parks, playgrounds and campgrounds shall meet the following criteria:

1. Except on a lot or parcel contiguous to a lake or reservoir, private campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR Chapter 660, Division 004.

2. It shall be devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor natural amenity that is accessible for recreational use by the occupants of the campground.

3. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites.

4. A camping site shall only be occupied by a tent, travel trailer or recreational vehicle. Private campgrounds may provide yurts for overnight camping subject to the following:

a. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include yurts;

b. The yurt shall be located on the ground or on a wood floor with no permanent foundation.

5. Separate sewer, water or electric service hook-ups shall not be provided to individual campsites.

6. It shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations.

7. Overnight temporary use in the same campground by a camper or camper’s vehicle shall not exceed a total of 30 days during any consecutive six-month period.

G. Temporary Accommodations for Hunting or Fishing. The following criteria apply to private seasonal accommodations for fee hunting and private accommodations for fishing:

1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code.

2. Only minor incidental and accessory retail sales are permitted.

3. Accommodations are occupied temporarily for the purpose of:

a. Hunting during either game bird and big game hunting seasons or both bird and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission; or

b. Fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission, and are located within one-quarter mile of fish-bearing Class I waters.

4. Accommodations shall comply with the special use and siting requirements in MCC 17.139.070, except subsection (E).

H. Golf Course. A golf course is subject to the following limitations:

1. New golf courses shall not be permitted on high-value farmland, as defined in MCC 17.139.130(E).

2. A legally established existing golf course on high-value farmland may be expanded on the subject tract where the current use is located, consistent with the provisions of MCC 17.139.130(D).

I. A portable or temporary facility for the primary processing of forest products is subject to the following criteria and limitations:

1. The use shall not seriously interfere with accepted farming practices.

2. The use shall be compatible with farm uses described in ORS 215.203(2).

3. The use may be approved for a maximum one-year period, which is renewable.

4. The primary processing of a forest product, as used in this section, means the use of a portable chipper, stud mill, or other similar facility for 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 tract where the primary processing facility is located.

J. Youth camps on a lot or parcel predominantly in forest use on January 1, 1993:

1. Youth camps shall be owned and leased and operated by a state or local government or a nonprofit corporation as defined under ORS 65.001, to provide an outdoor recreational and educational experience for persons 21 years of age or younger. Youth camps do not include any manner of juvenile detention center or facility.

2. The number of overnight camp participants that may be accommodated shall be determined by the board, or its designee, based on the size, topography, geographic features and any other characteristics of the proposed site for the youth camp. A youth camp shall not provide overnight accommodations for more than 350 youth camp participants, including staff, except the board, or its designee, may allow up to eight nights during the calendar year when the number of overnight participants may exceed the total number of overnight participants.

Overnight stays for adult programs primarily for individuals over 21 years of age, not including staff, shall not exceed 10 percent of the total camper nights offered by the youth camp.

3. A campground as described in MCC 17.139.050(H)(1) through (H)(5) shall not be established in conjunction with a youth camp.

4. A youth camp shall not be allowed in conjunction with an existing golf course and a youth camp shall not interfere with the exercise of legally established water rights on adjacent properties.

5. The youth camp shall be located on a lawful parcel that provides a forested setting to ensure outdoor experience without depending upon the use of adjacent public and private land. This determination shall be based on the size, topography, geographic features and any other characteristics of the proposed site for the youth camp, as well as the number of overnight participants and type and number of proposed facilities. The parcel shall be a minimum of 40 acres with suitable protective buffers to separate the visual and audible aspects of youth camp activities from other nearby and adjacent lands. The buffers shall consist of forest vegetation, topographic or other natural features as well as structural setbacks from adjacent public and private lands, roads, and riparian areas. The structural setback from roads and adjacent public and private property shall be 250 feet unless the board, or its designee, sets a different setback based upon the following criteria that may be applied on a case-by-case basis:

a. The proposed setback will prevent conflicts with commercial resource management practices; and

b. Will prevent a significant increase in safety hazards associated with vehicular traffic; and

c. Will provide an appropriate buffer from visual and audible aspects of youth camp activities from other nearby and adjacent resource lands.

6. The parcel shall be suitable to provide for the establishment of sewage disposal facilities without requiring a sewer system as defined in OAR 660-011-0060(1)(f). Prior to granting final approval, the board or its designee shall verify that a proposed youth camp will not result in the need for a sewer system.

7. A youth camp may provide for the following facilities:

a. Recreational facilities limited to passive improvements, such as open areas suitable for ball fields, volleyball courts, soccer fields, archery or shooting ranges, hiking and biking trails, horseback riding or swimming that can be provided in conjunction with the site’s natural environment. Intensively developed facilities such as tennis courts, gymnasiums, and golf courses shall not be allowed. One swimming pool may be allowed if no lake or other water feature suitable for aquatic recreation is located on the subject property or immediately available for youth camp use.

b. Primary cooking and eating facilities shall be included in a single building. Except in sleeping quarters, the board or its designee may allow secondary cooking and eating facilities in one or more buildings designed to accommodate other youth camp activities. Food services shall be limited to the operation of the youth camp and shall be provided only for youth camp participants. The sale of individual meals may be offered only to family members or guardians of youth camp participants.

c. Bathing and laundry facilities, except that they shall not be provided in the same building as sleeping quarters, and up to three camp activity buildings, not including primary cooking and eating facilities.

d. Sleeping quarters including cabins, tents or other structures. Sleeping quarters may include toilets, but, except for the caretaker’s dwelling, shall not include kitchen facilities. Sleeping quarters shall be provided only for youth camp participants and shall not be offered as overnight accommodations for persons not participating in youth camp activities or as individual rentals.

e. Administrative, maintenance and storage buildings; permanent structures for administrative services, first aid, equipment and supply storage, and for use as an infirmary if necessary or requested by the applicant, and covered areas that are not fully enclosed.

f. An infirmary may provide sleeping quarters for the medical care provider (e.g., doctor, registered nurse, emergency medical technician, etc.).

g. A caretaker’s residence may be established in conjunction with a youth camp prior to or after the effective date of the ordinance codified in this chapter, if no other dwelling exists on the subject property.

8. A proposed youth camp shall comply with the following safety requirements in OAR 660-006-0035 and shall have a fire safety protection plan developed for each youth camp that includes fire prevention measures; on-site pre-suppression and suppression measures; and the establishment and maintenance of fire safe area(s) in which camp participants can gather in the event of a fire.

a. Except as determined under subsections (J)(8)(b) and (c) of this section, a youth camp’s on-site fire suppression capability shall at least include a 1,000-gallon mobile water supply that can access all areas of the camp; and a 30-gallon-per-minute water pump and an adequate amount of hose and nozzles; and a sufficient number of firefighting hand tools; and trained personnel capable of operating all fire suppression equipment at the camp during designated periods of fire danger.

b. An equivalent level of fire suppression facilities may be determined by the board or its designee. The equivalent capability shall be based on the Oregon Department of Forestry’s (ODF) Wildfire Hazard Zone rating system, the response time of the effective wildfire suppression agencies, and consultation with ODF personnel if the camp is within an area protected by the Oregon Department of Forestry and not served by a local structural fire protection provider.

c. The provisions for on-site fire suppression may be waived by the board or its designee if the youth camp is located in an area served by a structural fire protection provider and that provider informs the board in writing that on-site fire suppression at the camp is not needed.

K. Living history museum (only on a tract predominantly in farm use on January 1, 1993). A living history museum related to resource-based activities owned and operated by a governmental agency or a local historical society, together with limited commercial activities and facilities that are directly related to the use and enjoyment of the museum and located within authentic buildings of the depicted historic period or the museum administration building, if areas other than a farm/timber zone cannot accommodate the museum and related activities or if the museum administration buildings and parking lot are located within one-quarter mile of an urban growth boundary.

1. As used in this subsection:

a. “Living history museum” means a facility designed to depict and interpret the everyday life and culture of some specific historic period using authentic buildings, tools, equipment and people to simulate past activities and events; and

b. “Local historical society” means the local historical society recognized by the county board of commissioners and organized under ORS Chapter 65.

L. Commercial Activities in Conjunction with Farm Use.

1. The commercial activity must be primarily a customer or supplier of farm uses.

2. The commercial activity must enhance the farming enterprises of the local agricultural community to which the land hosting that commercial activity relates.

3. The agricultural and commercial activities must occur together in the local community.

4. The products and services provided must be essential to the practice of agriculture.

M. The following criteria apply to those uses identified in MCC 17.139.050:

1. No enclosed structure with a design capacity greater than 100 people, or group of structures with a total design capacity of greater than 100 people, shall be approved within three miles of an urban growth boundary unless an exception is approved pursuant to OAR Chapter 660, Division 004.

2. Any new enclosed structure or group of enclosed structures subject to this section shall be situated no less than one-half mile from other enclosed structures approved under OAR 660-33-130(2) on the same tract. For the purposes of this subsection “tract” means a tract as defined in MCC 17.139.130(F) in existence on May 5, 2010.

3. Existing facilities wholly within a farm use zone may be maintained, enhanced or expanded on the same tract, but existing enclosed structures within three miles of an urban growth boundary may not be expanded beyond the limits of this subsection. [Ord. 1456 § 4 (Exh. B), 2023; Ord. 1447 § 4 (Exh. B), 2022; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.060.]

The following regulations shall apply to new dwellings and structures accessory to a dwelling, and they may also be applied as a standard or condition of approval for dwellings, other structures and uses including but not limited to those in MCC 17.139.030, 17.139.040 and 17.139.050.

A. Special Siting Requirements.

1. Dwellings and structures shall comply with the special requirements in subsection (A)(2) or (3) of this section. Compliance with the provisions in subsection (A)(2) of this section and subsections (B), (F) and (G) of this section satisfies the criteria in (A)(3) of this section. Alternative sites that meet the criteria in subsection (A)(3) of this section may be approved concurrently with any land use application or as provided in Chapter 17.116 MCC.

2. Siting Standards for Dwellings and Other Buildings.

a. Dwellings shall be at least 200 feet from any abutting parcel in farm use or timber production. Buildings other than a dwelling shall be located at least 100 feet from any abutting parcel in farm use or timber production.

b. The special setback in subsection (A)(2)(a) of this section shall not be applied in a manner that prohibits dwellings approved pursuant to ORS 195.300 through 195.336 nor should the special setback in subsection (A)(2)(a) of this section prohibit a claimant’s application for homesites under ORS 195.300 through 195.336.

c. The dwelling or other building shall be located within 300 feet of the driveway entrance on an abutting public road; or, if the property does not abut a public road for a distance of at least 60 feet, the dwelling or other building shall be located within 300 feet of the point where the driveway enters the buildable portion of the property.

3. Review Criteria for Alternative Sites. Sites for dwellings or buildings that do not meet the siting requirements in subsection (A)(2) of this section may be approved if the proposed site will meet the following criteria:

a. The site will have the least impact on nearby or adjoining forest or agricultural lands.

b. The site ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized.

c. The amount of agricultural and forest lands used to site access roads, service corridors, the dwelling and structures is minimized.

d. The risks associated with wildfire are minimized.

B. Declaratory Statement. The owner of property for which a dwelling, structure or other specified use has been approved shall be required to sign and allow the entering of the following declaratory statement into the chain of title for the subject lots or parcels:

The property herein described is situated in or near a farm or forest zone or area in Marion County, Oregon, where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents, property owners and visitors may be subjected to common, customary and accepted farm or forest management practices conducted in accordance with federal and state laws which ordinarily and necessarily produce noise, dust, smoke and other impacts. The grantors, including their heirs, assigns and lessees do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of establishing a dwelling, structure or use in this area, and acknowledge the need to avoid activities that conflict with nearby farm or forest uses and practices, grantors will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937.

C. Domestic Water Supply.

1. The applicant shall provide evidence that the domestic water supply is from a source authorized in accordance with the Water Resources Department’s administrative rules for the appropriation of groundwater or surface water and not from a Class II stream as defined in the Forest Practices Rules (OAR Chapter 629).

2. Evidence of a domestic water supply means verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor’s rights to appropriate water; or a water use permit issued by the Water Resources Department for the use described in the application; or verification from the Water Resources Department that a water use permit is not required for the use.

3. If the proposed water supply is from a well and is exempt from permitting requirements under ORS 537.545, the applicant shall submit the well constructor’s report upon completion of the well.

D. Road Access. As a condition of approval, if road access to the dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the Bureau of Land Management, or the U.S. Forest Service, the applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance.

E. Tree Planting Requirements for Lots or Parcels Over 10 Acres.

1. Prior to issuance of a building or siting permit for a dwelling, approved under the provisions in MCC 17.139.030(A), (B) or (C), on a tract of more than 10 acres in size, the landowner shall plant a sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet Department of Forestry stocking requirements at the time specified in Department of Forestry administrative rules.

2. At the time required by the Department of Forestry rules the owner shall submit a stocking survey report to the county assessor and the assessor shall verify that the minimum stocking requirements have been met.

F. Fire Protection.

1. The dwelling shall be located upon a parcel within a fire protection district or shall be provided with residential fire protection by contract. If the dwelling is not within a fire protection district, the applicant shall provide evidence that the applicant has asked to be included within the nearest such district.

2. If inclusion within a fire protection district or contracting for residential fire protection is impracticable, an alternative means for protecting the dwelling from fire hazards may be approved, pursuant to the procedures set forth in Chapter 17.115 MCC, subject to the requirements of subsection (F)(3) of this section.

3. Alternative means of fire protection may include a fire sprinkling system, on-site equipment and water storage or other methods that are reasonable, given the site conditions. The following requirements apply:

a. If a water supply is required for fire protection, it shall be a swimming pool, pond, lake, or similar body of water that at all times contains at least 4,000 gallons or a stream that has a continuous year-round flow of at least one cubic foot per second. The applicant shall provide verification from the Water Resources Department that any permits or registrations required for water diversion or storage have been obtained or that permits or registrations are not required for the use.

b. Road access to the water supply required in subsection (F)(3)(a) of this section shall be provided to within 15 feet of the water’s edge for fire-fighting pumping units. The road access shall accommodate the turnaround of fire fighting equipment during the fire season. Permanent signs shall be posted along the access route to indicate the location of the emergency water source.

G. Fire Hazard Reduction.

1. The owners of a dwelling, or structure occupying more than 200 square feet, shall maintain a primary fuel-free break area on land surrounding the dwelling that is owned or controlled by the owner in accordance with the provision in “Recommended Fire Siting Standards for Dwellings and Structures and Fire Safety Design Standards for Roads” dated March 1, 1991, and published by the Oregon Department of Forestry.

2. The dwelling shall have a fire-retardant roof.

3. The dwelling shall not be sited on a slope of greater than 40 percent.

4. If the dwelling has a chimney or chimneys, each chimney shall have a spark arrester.

H. Road and Drainage Standards.

1. Public road access to structures of more than 200 square feet in area or a dwelling shall comply with the Marion County Department of Public Works Engineering Standards applicable at the time the application was filed.

2. Except for private roads and bridges accessing only commercial forest uses, private road or driveway access to structures of more than 200 square feet in area or a dwelling shall meet the requirements of the local fire protection district or forest protection district, except that the county maximum grade standard for a private road is 15 percent. A greater grade may be approved by the fire district or, if the site is not in a fire district, by the State Department of Forestry.

3. Drainage standards for private roadways shall comply with the Marion County Department of Public Works Engineering Standards, except that corrugated metal culverts of equivalent size and strength may be used. [Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.070.]

For the purposes of regulating dwellings and structures existing at the time the FT zone is applied, the following regulations shall apply:

A. Legally established dwellings existing when the FT zone is applied shall be considered in conformance with the FT zone and may be repaired, altered, enlarged or replaced pursuant to MCC 17.139.020(E), 17.139.030(D) or (I).

B. Legally established structures accessory to a dwelling or a farm or forest use and existing when the FT zone is applied shall be considered in conformance with the FT zone and may be repaired, replaced, altered, or enlarged. New structures shall be permitted if accessory to a legally established dwelling existing when the FT zone is applied.

C. Notwithstanding MCC 17.114.070, if a legally established non-resource use exists in the FT zone and is unintentionally destroyed by fire, other casualty or natural disaster, the use may be reestablished to its previous nature and extent, but the reestablishment shall satisfy other building codes, ordinances and permit requirements. Efforts to reestablish the use shall commence within one year of destruction of the use or structure. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.080.]

The following regulations shall apply when property line adjustments and partitions of land within a FT zone subject to the provisions of Chapter 17.172 MCC are proposed:

A. Minimum Parcel Size for Newly Created Parcels.

1. The minimum parcel size shall be 80 acres, except as provided in subsections (A)(2), and (B) or (C) of this section.

2. A new parcel less than 80 acres may be approved as follows:

a. The parcel shall only be as large as necessary to accommodate the use and any buffer area needed to ensure compatibility with adjacent farm or forest uses.

b. The criteria in MCC 17.139.060 applicable to the proposed use of the parcel shall apply to the creation of the parcel.

c. A parcel shall not be approved before the use is approved.

d. A division of land for non-farm/forest use shall not be approved unless any additional tax imposed for the change has been paid or payment has been made a condition of approval.

B. Requirements for creation of new non-farm parcels if the land was predominantly devoted to farm use on January 1, 1993. A new parcel smaller than 80 acres may be created only for those uses listed in MCC 17.139.040(C) and 17.139.050, except the residential uses in MCC 17.139.050(A) and (B) or a home occupation.

1. If the land division is for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase at least one of the resulting parcels subject to the following:

a. A parcel created by the land division that contains a dwelling is large enough to support continued residential use of the parcel.

b. A parcel created pursuant to this subsection that does not contain a dwelling:

i. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;

ii. May not be considered in approving or denying an application for siting any other dwelling;

iii. May not be considered in approving a redesignation or rezoning of forest lands except for a redesignation or rezoning to allow a public park, open space or other natural resource use; and

c. May not be smaller than 25 acres unless the purpose of the land division is:

i. To facilitate the creation of a wildlife or pedestrian corridor or the implementation of a wildlife habitat protection plan; or

ii. To allow a transaction in which at least one party is a public park or open space provider, or a not-for-profit land conservation organization, that has cumulative ownership of at least 2,000 acres of open space or park property.

2. A division of land may be permitted to create a parcel with an existing dwelling to be used:

a. As a residential home as described in ORS 197.660(2) only if the dwelling has been approved under MCC 17.136.050(L).

b. For a historic property that meets the definition in ORS 358.480 and is listed on the National Register of Historic Places.

c. Parcels created under this section must meet the following criteria:

i. The new parcel containing the dwelling must be a minimum of one acre in size.

ii. The proposal shall not involve a unit of land containing a farm-relative dwelling previously authorized under the Marion County Code or previous ordinance.

iii. The new parcel shall not be larger than the minimum size necessary for the use, taking into consideration septic system, septic repair area, water source, the dwelling, and accessory buildings.

iv. The new parcel shall be adequately sized so that the existing dwelling meets the special setbacks from parcels in farm and forest use as described in MMC 17.136.070 if it was able to meet the special setbacks previously.

3. A division of land smaller than the minimum lot or parcel size described in subsections (A) and (B) of this section may be approved to establish a religious organization including cemeteries in conjunction with the religious organization if they meet the following requirements:

a. The religious organization has been approved under MCC 17.139.040(C);

b. The newly created lot or parcel is not larger than five acres; and

c. The remaining lot or parcel, not including the religious organization, meets the minimum lot or parcel size described in subsections (A) and (B) of this section either by itself or after it is consolidated with another lot or parcel.

4. A portion of a lot or parcel that has been included within an urban growth boundary and redesignated for urban uses under the applicable acknowledged comprehensive plan may be divided off from the portion of the lot or parcel that remains outside the urban growth boundary and zoned for resource use even if the resource use portion is smaller than the minimum lot or parcel size established under ORS 215.780, subject to the following:

a. The partition must occur along the urban growth boundary;

b. If the parcel contains a dwelling, the parcel must be large enough to support continued residential use;

c. If the parcel does not contain a dwelling, the parcel:

i. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;

ii. May not be considered in approving or denying an application for siting any other dwelling; and

iii. May not be considered in approving a redesignation or rezoning of forestlands under the acknowledged comprehensive plan and land use regulations, except for a redesignation or rezoning to allow a public park, open space or other natural resource use.

5. Land that is divided under this section for 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 200 feet in height, may not later be rezoned by the county for retail, commercial, industrial or other nonresource use, except as provided under the statewide land use planning goals or under ORS 197.732.

C. Requirements for creation of new non-forest parcels if the land was predominantly devoted to forest use on January 1, 1993:

1. For a permitted use listed in MCC 17.139.020(Q); or

2. For a conditional use listed in MCC 17.139.050(C)(1) and (2), (E)(1), (F)(1) through (4), (H)(1), (3) and (5), (I), (J), (K) and (M).

3. A division of land to create two parcels for the purpose of allowing a provider of public parks or open space, or a not-for-profit land conservation organization, to purchase one of the resulting parcels may be approved as follows:

a. A parcel created by the land division that is not sold to a provider of public parks or open space or to a not-for-profit land conservation organization must comply with the following:

i. If the parcel contains a dwelling or another use allowed under ORS Chapter 215, the parcel must be large enough to support continued residential use or other allowed use of the parcel; or

ii. If the parcel does not contain a dwelling, the parcel is eligible for siting a dwelling as may be authorized under ORS 195.120 or as may be authorized under provisions contained in MCC 17.139.030(A), (B), or (C), based on the size and configuration of the parcel.

b. Before approving a proposed division of land under this section, the governing body of a county or its designee shall require as a condition of approval that the provider of public parks or open space, or the not-for-profit land conservation organization, present for recording in the deed records for the county in which the parcel retained by the provider or organization is located an irrevocable deed restriction prohibiting the provider or organization and their successors in interest from:

i. Establishing a dwelling on the parcel or developing the parcel for any use not authorized in a forest zone or mixed farm and forest zone except park or conservation uses; and

ii. Pursuing a cause of action or claim of relief alleging an injury from farming or forest practices for which a claim or action is not allowed under ORS 30.936 or 30.937.

c. If a proposed division of land under this section results in the disqualification of a parcel for a special assessment or the withdrawal of a parcel from designation as riparian habitat, the owner must pay additional taxes before the county may approve the division.

4. A portion of a lot or parcel that has been included within an urban growth boundary and redesignated for urban uses under the applicable acknowledged comprehensive plan may be divided off from the portion of the lot or parcel that remains outside the urban growth boundary and zoned for resource use even if the resource use portion is smaller than the minimum lot or parcel size established under ORS 215.780, subject to the following:

a. The partition must occur along the urban growth boundary; and

b. If the parcel contains a dwelling, the parcel must be large enough to support continued residential use;

c. If the parcel does not contain a dwelling, the parcel:

i. Is not eligible for siting a dwelling, except as may be authorized under ORS 195.120;

ii. May not be considered in approving or denying an application for siting any other dwelling; and

iii. May not be considered in approving a redesignation or rezoning of forestlands under the acknowledged comprehensive plan and land use regulations, except for a redesignation or rezoning to allow a public park, open space or other natural resource use;

iv. The owner of the parcel shall record with the county clerk an irrevocable deed restriction prohibiting the owner and all successors in interest from pursuing a cause of action or claim of relief alleging injury from farming or forest practices for which a claim or action is not allowed under ORS 30.936 or 30.937.

D. Property Line Adjustments.

1. When one or more lots or parcels subject to a proposed property line adjustment are larger than the minimum parcel size pursuant to MCC 17.136.090(A)(1), the same number of lots or parcels shall be as large or larger than the minimum parcel size after the adjustment. When all lots or parcels subject to the proposed adjustment are as large or larger than the minimum parcel size, no lot or parcel shall be reduced below the applicable minimum parcel size. If all lots or parcels are smaller than the minimum parcel size before the property line adjustment, the minimum parcel size pursuant to this section does not apply to those lots or parcels.

2. A property line adjustment may not be used to:

a. Decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling;

b. Decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling; or

c. Allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be used to qualify another tract for a dwelling if the land use approval would be based on an acreage standard.

d. Adjust a property line that resulted from a subdivision or partition authorized by a Measure 49 waiver so that any lawfully established unit of land affected by the property line adjustment is larger than the size granted by the waiver.

3. Any property line adjustment that results in an existing dwelling being located on a different parcel shall not be subject to the standards in MCC 17.139.030(E) so long as the adjustment:

a. Does not increase any adverse impacts on the continued practice of commercial agriculture on the resulting parcels;

b. Does not increase the potential number of dwellings on the resulting parcels; and

c. Does not allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be used to qualify another tract for a dwelling if the land use approval would be based on an acreage standard.

E. Property line adjustments if the land was predominantly devoted to forest use on January 1, 1993:

1. Parcels larger than 80 acres may not be reduced to below 80 acres.

2. Parcels smaller than 80 acres may be reduced or enlarged, provided:

a. If the tract does not include a dwelling and does not qualify for a dwelling under MCC 17.139.030(A) or (B), any reconfiguration after November 4, 1993, cannot in any way enable the lot or parcel to meet the criteria for a new dwelling under MCC 17.139.030(A) or (B).

b. Except as provided in subsection (E)(2)(c) of this section, a lot or parcel that is reduced will be better suited for management as part of a commercial forest.

c. A lot or parcel may be reduced to the minimum size necessary for the use if the lot or parcel:

i. Was approved as a non-farm or non-forest parcel; or

ii. Is occupied by an approved non-farm or non-forest dwelling; or

iii. More than half of the parcel is occupied by a use in MCC 17.139.020 or 17.139.050 other than a dwelling or farm or forest use; or

iv. The lot or parcel is occupied by a dwelling established before January 1, 1994.

d. A property line adjustment may not be used to:

i. Decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling;

ii. Decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling;

iii. Allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be used to qualify another tract for a dwelling if the land use approval would be based on an acreage standard; or

iv. Adjust a property line that resulted from a subdivision or partition authorized by a Measure 49 waiver so that any lawfully established unit of land affected by the property line adjustment is larger than the size granted by the waiver. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.090.]

The following standards apply to all development in the FT zone:

A. Maximum Height.

1. Dwellings: 35 feet.

2. Farm-related structures on farm parcels: none.

3. Nonresidential and non-farm structures: 35 feet unless they are in conjunction with conditional uses allowed in MCC 17.139.050, and a greater height is requested and approved as part of the conditional use permit.

B. Minimum Setbacks. Except as required in MCC 17.139.070(A), the following setback requirements shall be implemented for all new structures other than farm-exempt buildings, signs and fences:

1. Rear Yard. A minimum of 20 feet.

2. Side Yard. A minimum of 20 feet, except for lots or parcels of one-half acre or smaller created prior to January 1, 1994, in which case the side yard setback shall be five feet.

3. Front Yard. A minimum of 20 feet. When by ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply (See Chapter 17.112 MCC). [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.100.]

A. Notwithstanding other provisions of this title, a discretionary decision, except for a land division, approving a proposed development in the FT zone expires two years from the date of the final decision if the development action is not initiated and all required conditions are met in that period. The director may grant an extension period of up to 12 months if:

1. An applicant makes a written request for an extension of the development approval period.

2. The request is submitted to the county prior to expiration of the approval period.

3. The applicant states the reasons that prevented the applicant from beginning or continuing development within the approval period.

4. The county determines that the applicant was unable to begin or continue development during the approval period for reasons for which the applicant was not responsible.

B. Approval of an extension granted under this section is not a land use decision described in ORS 197.015 and is not subject to appeal as a land use decision.

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

D. If a permit is approved for a proposed residential development in the FT zone, the permit shall be valid for four years. For the purposes of this subsection, “residential development” only includes the dwellings provided for under MCC 17.139.020(E), 17.139.030(A), (B), (C), (D), (H) and (I), and 17.139.050(A).

E. The first extension of a permit consistent with subsection (D) of this section and with subsections (A)(1) through (4) of this section and where applicable criteria for the decision have not changed shall be valid for two years.

F. Up to five additional extensions of the permit consistent with subsection (D) of this section and with subsections (A)(1) through (4) of this section and where applicable criteria for the decision have not changed shall be valid for one year each. [Ord. 1454 § 4 (Exh. B), 2023; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.110.]

For the purposes of approving an application for a lot-of-record dwelling under MCC 17.139.030(H) or for a dwelling not in conjunction with farm use under MCC 17.139.050(A) or for a forest land dwelling under MCC 17.139.030(A), (B), or (C), the soil class, soil rating, or other soil designation of a specific lot or parcel may be changed if the property owner:

A. For lot-of-record dwellings:

1. Submits, for a lot-of-record dwelling only, a statement of agreement from the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture that the soil class, soil rating or other soil designation should be adjusted based on new information; or

2. Submits a report from a soils scientist whose credentials are acceptable to the State Department of Agriculture that the soil class, soil rating, or other soil designation should be changed; and

3. Submits, for a lot-of-record dwelling only, a statement from the State Department of Agriculture that the Director of Agriculture or the director’s designee has reviewed the report described in subsection (A)(2) of this section and finds the analysis in the report to be soundly and scientifically based.

B. For dwellings not in conjunction with farm use, submits a soil assessment prepared by a professional soil classifier that has been reviewed and approved by the Department of Land Conservation and Development as meeting the requirements in OAR 660-033-0045.

C. For forest land dwellings, where NRCS data are not available or are shown to be inaccurate, an alternative method for determining productivity may be used. An alternative method must provide equivalent data and be approved by the Department of Forestry. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.120.]

The following terms apply only to this chapter and have no relevance to the same terms used in other chapters of this title unless specifically stated:

A. “Auxiliary,” for the purposes of MCC 17.139.020(F) and (G), means a use or alteration of a structure or land which provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, is temporary in nature, and is not designed to remain for the forest’s entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded.

B. “Filming activities” means on-site filming and activities accessory to on-site filming, and includes filming and site preparation, construction of sets, staging, makeup and support services customarily provided for on-site filming. Production of advertisements, documentaries, feature film, television services and other film production that rely on the rural qualities of the FT zone in more than an incidental way. It does not include facilities for marketing, editing and other such activities that are allowed only as a home occupation or construction of new structures that require a building permit.

C. “Commercial dairy farm” is a dairy operation that owns a sufficient number of producing dairy animals capable of earning the gross annual income required by MCC 17.139.030(E)(1) or (2).

D. “Golf course” means an area of land with highly maintained natural turf laid out for the game of golf with a series of nine or more holes, each including a tee, a fairway, a putting green, and often one or more natural or artificial hazards. A “golf course” means a nine- or 18-hole regulation golf course, or golf tournament, consistent with the following:

1. A regulation 18-hole golf course is generally characterized by a site of about 120 to 150 acres of land, has a playable distance of 5,000 to 7,200 yards, and a par of 64 to 73 strokes.

2. A regulation nine-hole golf course is generally characterized by a site of about 65 to 90 acres of land, has a playable distance of 2,500 to 3,600 yards, and a par of 32 to 36 strokes.

3. An accessory use to a golf course is a facility or improvement that is incidental to the operation of the golf course and is either necessary for the operation and maintenance of the golf course or that provides goods or services customarily provided to golfers at a golf course and conforms to the following:

a. An accessory use or activity does not serve the needs of the non-golfing public. Accessory uses to a golf course include parking, maintenance buildings, cart storage and repair, practice range or driving range, clubhouse, restrooms, lockers and showers, food and beverage service, pro shop, and a practice or beginners course.

b. Accessory uses to a golf course do not include sporting facilities unrelated to golf such as tennis courts, swimming pools, or weight rooms; wholesale or retail operations oriented to the non-golfing public; or housing.

c. A use is accessory to a golf course only when limited in size and orientation to serve the needs of persons and their guests who patronize the golf course to golf.

d. Commercial activities such as food and beverage service and pro shop are accessory to a golf course only when located in the clubhouse.

e. Accessory uses may include one or more food and beverage service facilities in addition to food and beverage service facilities located in a clubhouse. Food and beverage service facilities must be part of and incidental to the operation of the golf course and must be limited in size and orientation on the site to serve only the needs of persons who patronize the golf course and their guests. Accessory food and beverage service facilities shall not be designated for or include structures for banquets, public gatherings or public entertainment.

E. “High-value farmland” means a tract composed of:

1. Soils rated Class I or II, prime, or unique, either irrigated or not irrigated;

2. The following Class III soils: Chehalem (CeC), Concord (Co), Hullt (HuD), Jory (JoD), Nekia (NeC, NeD, NkC), Salkum (SkD), Silverton (SuD), and Woodburn (WuD);

3. The following Class IV soils: Bashaw (Ba), Camas (Ca), Courtney (Cu), Dayton (Da), and Jory (JoE).

F. “Tract” means one or more contiguous lots or parcels under the same ownership.

G. Repealed by Ord. 1326.

H. “Commercial tree species” means trees recognized under rules adopted under ORS 527.715 for commercial production.

I. “Cubic foot per year per tract” means the average annual increase in cubic foot volume of wood fiber per tract for fully stocked stands at the culmination of mean annual increment as reported by the USDA Natural Resources Conservation Service (NRCS) soil survey information, USDA Forest Service plant association guides, Oregon Department of Revenue Western Oregon site class maps, or other information determined by the State Forester to be of comparable quality. Where such data are not available or are shown to be inaccurate, an alternative method for determining productivity may be used. An alternative method must provide equivalent data as explained in the Oregon Department of Forestry’s technical bulletin entitled “Land Use Planning Notes Number 3 dated April 1998” and be approved by the Oregon Department of Forestry.

J. “Primary processing of forest products” means the initial treatments of logs or other forest plant or fungi materials to prepare them for shipment for further processing or to market, in a building or buildings that do not exceed 10,000 square feet in total floor area, or an outdoor area that does not exceed one acre excluding lay-down and storage yards, or both, that are adequately separated from surrounding properties to reasonably mitigate noise, odor and other impacts generated by the facility that adversely affect forest management and other existing uses, as determined by the governing body. Treatments may include, but are not limited to, debarking, peeling, drying, cleaning, sorting, chipping, grinding, sawing, shaping, notching, biofuels conversion, or other similar methods of initial treatments. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1326 § 4 (Exh. A), 2012; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1168 § 5, 2002; Ord. 1125 § 11, 2000. RZ Ord. § 139.130.]

The purpose of the CC (community commercial) zone is to implement the rural development policies of the Comprehensive Plan. This zone is applied to land committed to or intended for commercial uses within urban unincorporated communities, rural communities, and rural service centers, as those terms are defined in the Comprehensive Plan and Oregon Administrative Rules. The uses within the CC zone are functionally classified by description of the particular activity or by reference to a category in the “Standard Industrial Classification Manual, 1987” (SIC). The SIC index number is referenced as an aid to interpretation of uses. Where the term used to describe a use is defined in Chapter 17.110 MCC, the definition takes precedence over any SIC classification. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.010.]

Within any CC community commercial zone no building, structure, or premises shall be used, or arranged, except as permitted by this title. Only the following uses may be permitted in the specified unincorporated community, as those communities are defined in the Comprehensive Plan:

A. All Communities. The following uses are permitted in an existing building or a new or expanded building up to 4,000 square feet in a rural community or in a new or expanded building up to 8,000 square feet in an urban community, subject to MCC 17.143.060(D):

1. Automobile repair (SIC 7532 and 7538);

2. Restaurant (SIC 5812);

3. Tavern (SIC 5813);

4. Office for professional services;

5. Nursery, lawn and garden supply store (SIC 5261);

6. Used merchandise store (SIC 5932);

7. Hardware store (SIC 5251);

8. Meat and fish markets (SIC 5421);

9. Fruit and vegetable market (SIC 5431);

10. Candy, nut, and confectionery store (SIC 5441);

11. Retail bakery (SIC 5461);

12. Gift and souvenir shop (SIC 5947);

13. Retail art dealer;

14. Service station (SIC 5541);

15. Household appliance store (SIC 5722);

16. Radio, television, and consumer electronics store (SIC 5731);

17. Sporting goods store (SIC 5941);

18. Book store (SIC 5942);

19. Florist (SIC 5992);

20. Coin-operated laundry and dry cleaning (SIC 7215);

21. Photographic studio (SIC 7221);

22. Beauty and barber shop (SIC 7231 and 7241);

23. Shoe repair shop (SIC 7251);

24. Repair services, including electrical; watch, clock and jewelry; reupholstery and furniture (SIC 76);

25. Watch, clock and jewelry repair (SIC 763);

26. Video tape rental (SIC 7841);

27. Gunsmith;

28. Special trade contractors (SIC 17).

B. All Communities. The following uses are permitted without size limitations, unless specified in an unincorporated community designated in the Comprehensive Plan:

1. Grocery store, limited to a maximum of 8,000 square feet of floor space in an urban community and a maximum of 4,000 square feet of floor space in a rural community (SIC 5411 and 5499);

2. Agricultural equipment repair;

3. Agricultural services (SIC 07);

4. Caretaker’s dwelling;

5. Uses legally established and existing on July 19, 2000. Such uses are permitted pursuant to this section only on the lot(s) or parcel(s) where they existed on July 19, 2000;

6. Wireless communication facilities attached, subject to MCC 17.125.110 and pursuant to MCC 17.115.110;

7. Expansion of an existing commercial use under the following circumstances:

a. The use will have a maximum floor space of 4,000 square feet in a rural community or 8,000 square feet in an urban community after the expansion; or

b. The use is intended to serve the community and surrounding rural area or the travel needs of people passing through the area;

8. Fire station;

9. Public and private utility facilities and buildings including cooperatives necessary for public service.

C. Brooks-Hopmere.

1. Used motor vehicle sales (SIC 5521) with a maximum of 8,000 square feet of floor space.

D. Labish Village.

1. Used motor vehicle sales (SIC 5521) with a maximum of 4,000 square feet of floor space.

E. Mehama. The following uses are permitted in an existing building or a new or expanded building with a maximum of 4,000 square feet of floor space:

1. Food store (SIC 54);

2. Eating and drinking places (SIC 58);

3. Building materials, hardware, garden supply, and mobile home dealers (SIC 52);

4. General merchandise store (SIC 53);

5. Automotive dealers and gasoline services (SIC 55);

6. Apparel and accessories stores (SIC 56);

7. Home furniture, furnishing and equipment (SIC 57);

8. Miscellaneous retail (SIC 59);

9. Depository institutions (SIC 60);

10. Nondepository credit institutions (SIC 61);

11. Security and commodity broker, dealer and services (SIC 62);

12. Insurance carrier (SIC 63);

13. Insurance agent, broker and services (SIC 64);

14. Real estate (SIC 65);

15. Holding and other investment offices (SIC 67);

16. Photographic portrait studio (SIC 7221);

17. Tax return preparation service (SIC 7291).

F. Quinaby.

1. Public warehousing and storage (SIC 422) with a maximum of 4,000 square feet of floor space. [Ord. 1326 § 4 (Exh. A), 2012; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.020.]

When authorized under the procedure provided for conditional uses in this title, the following uses will be permitted in a CC zone, subject to MCC 17.143.040:

A. Home occupations, subject to MCC 17.120.075;

B. Retail and service uses not listed in MCC 17.143.020 and not exceeding 4,000 square feet of floor space in a rural community nor 8,000 square feet of floor space in an urban community (SIC 50 through 89 except 70 and 88);

C. Wireless communications facilities subject to MCC 17.120.080.

D. Medical marijuana dispensary (see MCC 17.110.374), subject to MCC 17.120.120 and not exceeding 4,000 square feet of floor space in a rural community nor 8,000 square feet of floor space in an urban community. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.030.]

Conditional use requests in the CC zone are subject to all the following criteria:

A. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use;

B. The proposed use will not, by itself or in combination with existing uses in the community, result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations;

C. The proposed use will not, by itself or in combination with existing uses in the community, exceed the carrying capacity of the soil or of existing water supply resources and sewer services;

D. The traffic generated by the proposed use is consistent with the identified function, capacity, and level of service of transportation facilities serving the community; and

E. The proposed use will not create significant adverse effects on existing uses or permitted uses on adjacent land, considering such factors as noise, dust and odors. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.040.]

In any zone change or reclassification of property to a CC zone where the territory proposed to be changed abuts upon a residential zone, or abuts upon a street or alley which would be the boundary line between the proposed CC zone and the residential zone, conditions to preserve neighborhood qualities may be imposed by the governing body relating to:

A. Size and location of signs;

B. Size, type and location of outdoor lighting;

C. Landscaped areas;

D. Screening;

E. Building setbacks;

F. Ingress and egress for commercial uses. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.050.]

A. Height. The maximum height of any structure shall be 35 feet.

B. Setbacks.

1. Front Yard. No structure other than a fence, wall, or sign shall be located closer than 20 feet from a public right-of-way. When by ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply (see Chapter 17.112 MCC).

2. Side and Rear Yard. No side or rear yard setback is required where abutting property is zoned for commercial or industrial use. Where not abutting a commercial or industrial zone, structures other than fences, walls, and signs shall comply with the following setbacks:

a. Residential or public zone: 10 feet;

b. Farm or forest zone: 30 feet.

3. Parking. Parking spaces may abut public rights-of-way and side and rear property lines adjacent to commercial, industrial, or public zones, subject to the landscaping requirements in MCC 17.143.070. Parking spaces shall be set back a minimum of 10 feet from residential, agricultural, and forest zones.

C. Lot Area.

1. Rural Communities. The building site shall be of sufficient size to accommodate on-site sewage disposal and water systems unless these services are provided by a public or community source or can be accessed by easement, required parking, landscaping, and yard areas.

2. Urban Communities. The minimum size of any new lot or parcel shall be one acre.

D. Parcel Coverage.

1. Rural Communities. No more than 60 percent of a lot or parcel shall be covered by all buildings located thereon.

2. Urban Communities. No more than 75 percent of a lot or parcel shall be covered by all buildings located thereon.

E. Parking. The off-street parking and loading requirements of Chapter 17.118 MCC apply.

F. Access to State Highways. Any new or expanded use with frontage on a state highway shall demonstrate that the property has access approved by the Oregon Department of Transportation or approved access to an alternative public right-of-way.

G. In addition to the provisions in Chapter 17.118 MCC, for a new use in a stormwater management area of an urban unincorporated community, except for a single-family dwelling on a lot, all driveways, parking and loading areas shall be developed and maintained as follows: all parking and loading areas and driveways thereto shall be paved to provide an all-weather surface with asphalt concrete, portland cement concrete, clay bricks or concrete blocks. The type of surfacing shall be approved by the Marion County department of public works. Parking and loading areas shall be adequately designed, graded, and drained. Drainage connections to a public storm drain system shall be approved by the Marion County department of public works. A stormwater detention system conforming to the Marion County department of public works’ standards may be required. Alternate paving materials and methods may be allowed if approved by the public works director. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.060.]

The following provisions apply to lots and parcels upon which a new structure is erected, or where a graveled or unimproved lot is paved, or a lot is newly developed for the outdoor sale or display of merchandise, goods or services:

A. Front yards shall be provided with a landscaped area at least three feet wide adjacent to the right-of-way line, exclusive of through direct driveways, on every lot upon which a new structure is erected, or where a graveled or unimproved lot is paved, or a lot is newly developed for the outdoor sale or display of merchandise, goods or services.

B. Side and rear yards abutting a residential zone shall be landscaped adjacent to parking and loading zones.

C. The landscaping required in subsections (A) and (B) of this section shall include a single type of shrub or tree or a variety of shrubs, trees, and ground cover. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.070.]

Applications for all new uses and expansions of existing uses of greater than 25 percent of the floor area on July 19, 2000, in the community commercial zone within an urban community shall:

A. Be accompanied by a traffic impact analysis, approved by the Marion County department of public works, that:

1. Quantifies the effect of the proposed development on the transportation facilities serving the community; and

2. Identifies proposed improvements and modifications, if necessary, to ensure that the traffic generated by the proposed use is consistent with the identified function, capacity, and level of service of transportation facilities serving the community; and

B. The improvements and modifications described in subsection (A)(2) of this section shall be completed prior to approval of the building permit for the new or expanded use. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 143.080.]

The purpose of the C (commercial) zone is to implement the rural development policies of the Comprehensive Plan and recognize existing commercial uses in rural and natural resource areas of the county. This zone is applied to land committed to, or intended for, commercial uses outside urban unincorporated communities, rural communities, and rural service centers, as those terms are defined in the Comprehensive Plan and Oregon Administrative Rules. The purpose and intent of the commercial zone is to provide for the location, in rural areas, of needed commercial uses which are not dependent upon urban services. The C zone encourages orderly and compatible development of commercial uses, including agricultural related industry, on rural lands. These lands are suited for commercial use due to marginal agricultural soils, adverse circumstances such as shape, proximity to railroad or transmission line corridors or proximity to markets or resources. The commercial zone may be appropriate in rural areas designated in the Marion County Comprehensive Plan as commercial or locations that meet the intent of the zone.

The uses within the C zone are functionally classified by description of the particular activity or by reference to a category in the “Standard Industrial Classification Manual, 1987” (SIC). The SIC index number is referenced as an aid to interpretation of uses. Where the term used to describe a use is defined in Chapter 17.110 MCC, the definition takes precedence over any SIC classification. [Ord. 1227 § 4, 2006; Ord. 1191 § 4, 2004. RZ Ord. § 145.010.]

Within any C zone no building, structure, or premises shall be used or arranged except as permitted by this title. Only the following uses may be permitted at a scale appropriate to serve the rural area, subject to MCC 17.145.050:

A. Agricultural services and forestry (SIC 07 and 08, except 0752 kennels);

B. Offices for building construction contractors, heavy construction contractors and special trade contractors (SIC 15, 16, and 17);

C. Glass products made of purchased glass (SIC 323);

D. Transportation and warehousing (SIC 40, 41, 4212, 4225, 43, 4491, 4492, 45, 47);

E. Communication (SIC 48, except 4812 cellular telephone communications, see subsection (W)(2) of this section);

F. Motor vehicle wholesale (SIC 5012);

G. Retail sales (SIC 52, 53, 54, 56, 57, 58, 59, except 598 fuel dealers, see subsection (W)(3) of this section);

H. Financial, insurance and real estate offices (SIC 60, 61, 62, 63, 64, 65 and 67);

I. Recreation vehicle parks and campsites (SIC 7033);

J. Services (SIC 72, 73, except crematories and heavy construction equipment rental and leasing);

K. Automotive repair, services, and parking (SIC 75, except 7521 automobile parking);

L. Retail and service (SIC 76, except 7692 welding shop and 7699 blacksmith);

M. Amusement and recreation (SIC 79, except 7948 racing facilities);

N. Professional offices (SIC 80, 81, 87);

O. Career, trade or commercial schools (SIC 824 and 829 and as defined in Chapter 17.110 MCC);

P. Schools, elementary and secondary (as defined in Chapter 17.110 MCC);

Q. Nonprofit membership organizations (SIC 86);

R. Sheet metal shop;

S. Caretaker’s dwelling;

T. Fire station;

U. Public and private utility facilities and buildings including cooperatives necessary for public service;

V. Laboratory seed and soil testing, research;

W. The following uses are subject to special standards:

1. Mobile home towing service (see limited use, MCC 17.125.070);

2. Wireless communication facilities attached, subject to MCC 17.125.110 and pursuant to MCC 17.115.110;

3. Fuel oil distribution firm (see limited use, MCC 17.125.060);

4. Automobile parking lot when developed as described in Chapter 17.118 MCC (SIC 7521);

X. Uses legally established and existing on the date of adoption of the ordinance codified in this title. Such uses are permitted pursuant to this section only on the lot(s) or parcel(s) where they existed on the date of adoption of the ordinance codified in this title, subject to MCC 17.145.060. [Ord. 1326 § 4 (Exh. A), 2012; Ord. 1227 § 4, 2006; Ord. 1191 § 4, 2004. RZ Ord. § 145.020.]

When authorized under the procedure provided for conditional uses in this title, the following uses will be permitted in a C zone, subject to MCC 17.145.050:

A. Crematories;

B. Fee fishing pond or lake;

C. Kennels (boarding and raising of animals);

D. Mineral resource sites (see specific conditional uses, MCC 17.120.410 through 17.120.480);

E. Heliport;

F. Wireless communications facilities (see specific conditional uses, MCC 17.120.080);

G. U-haul concrete mix store;

H. Utilities – secondary truck parking and material storage yard;

I. Welding shop (SIC 7692);

J. Blacksmith (SIC 7699);

K. Colleges and universities (SIC 822);

L. Cabinet shop and sales firm (see specific conditional uses, MCC 17.120.050);

M. Boat, camper and trailer storage area or lot (see specific conditional uses, MCC 17.120.030);

N. Home occupations, subject to MCC 17.120.075;

O. Retail and service uses not listed in MCC 17.145.020 and not exceeding 3,500 square feet of floor area;

P. Medical marijuana dispensary (see MCC 17.110.374), subject to MCC 17.120.120 and not exceeding 3,500 square feet of floor area. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1227 § 4, 2006; Ord. 1191 § 4, 2004. RZ Ord. § 145.030.]

Conditional use requests in the C zone are subject to the following criteria:

A. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use;

B. The proposed use will not, by itself or in combination with existing uses, result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations;

C. The proposed use will not, by itself or in combination with existing uses, exceed the carrying capacity of the soil or of existing water supply resources and sewer services;

D. The traffic generated by the proposed use is consistent with the identified function, capacity, and level of service of transportation facilities serving the use; or improvements are imposed that maintain the existing level of service;

E. The proposed use will not create significant adverse effects on existing uses or permitted uses on adjacent land, considering such factors as noise, dust and odors; and

F. The proposed use shall not have industrial or manufacturing processes that require water or discharges of wastewater except upon demonstration that the use has an on-site sewage disposal site approved by Marion County or the Oregon Department of Environmental Quality. [Ord. 1227 § 4, 2006; Ord. 1191 § 4, 2004. RZ Ord. § 145.040.]

A. New permitted and conditional uses may be established up to a maximum of 3,500 square feet of floor area.

B. Lawfully established uses existing as of the date of adoption of the ordinance codified in this title may be expanded up to 3,500 square feet of floor area, or an additional 25 percent of the floor area that existed as of the date of adoption of the ordinance codified in this title, whichever is greater.

C. Public uses are not subject to size limitations.

D. Except as established in subsections (B) and (C) of this section, for a use to exceed the square foot limitations requires taking an exception to Goal 14. Such exception shall be processed as an amendment to the Marion County Comprehensive Plan. [Ord. 1227 § 4, 2006; Ord. 1191 § 4, 2004. RZ Ord. § 145.050.]

A. The following uses are prohibited:

1. Uses of structures and land not specifically permitted in the commercial zone.

2. New residential dwellings, except when accessory to a primary use. However, a dwelling that legally existed at the time of adoption of the ordinance codified in this title shall not be a nonconforming use, and may be remodeled, expanded, or replaced.

B. Lawfully established commercial uses that existed prior to zoning or established through the applicable land use process on or before the date of the ordinance codified in this title, not otherwise listed in the zone, are allowed outright and shall not be classified as nonconforming uses.

C. All other lawfully established, existing uses and structures not specifically permitted in the C zone shall be considered nonconforming uses subject to the provisions of Chapter 17.114 MCC. [Ord. 1227 § 4, 2006; Ord. 1191 § 4, 2004. RZ Ord. § 145.060.]

Agriculture, forestry and forestry products, and resource-related uses that can demonstrate the following are exempt from size and height limitations. Resource-related uses may also have an option of being established as uses within county resource zones.

A. The commercial activity must be primarily a customer or supplier of farm, forest, or natural resource-related uses.

B. The commercial activity must enhance the farming, forestry, or natural resource-related enterprises of the local community.

C. The agriculture, forestry, or natural resource-related activities and commercial activities must occur together in the local community.

D. The products and services provided must be essential to the practice of agriculture, forestry or natural resource preservation and utilization. [Ord. 1227 § 4, 2006; Ord. 1191 § 4, 2004. RZ Ord. § 145.070.]

A. Height. The maximum height of any structure shall be 35 feet.

B. Setbacks.

1. Front Yard. No structure other than a fence, wall, or sign shall be located closer than 20 feet from a public right-of-way. When by ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply (see Chapter 17.113 MCC).

2. Side and Rear Yard. No side or rear yard setback is required where abutting property is zoned for commercial or industrial use. Where not abutting a commercial or industrial zone, structures other than fences, walls, and signs shall comply with the following setbacks:

a. Residential or public zone: 10 feet;

b. Farm or forest zone: 30 feet.

3. Parking. Parking spaces may abut a public right-of-way and side and rear property lines adjacent to commercial, industrial, or public zones, subject to the landscaping requirements in MCC 17.145.090. Parking spaces shall be set back a minimum of 10 feet from residential, agricultural, and forest zones and shall be screened with a six-foot fence, wall or hedge.

C. Lot Area/Lot Coverage. There is no minimum lot size.

D. Parking. The off-street parking and loading requirements of Chapter 17.118 MCC apply.

E. Access to State Highways. Any new or expanded use with frontage on a state highway shall demonstrate that the property has access approved by the Oregon Department of Transportation or approved access to an alternative public right-of-way.

F. Traffic Analysis. Demonstrate that the development will be consistent with the identified function, capacity, and level of service of transportation facilities serving the site. A transportation impact analysis, approved by the Marion County department of public works, may be required prior to building permit approval.

G. Sewage Disposal. Demonstrate that the development will not exceed the existing carrying capacity of the local sewage disposal system or has an on-site sewage disposal site approved by Marion County or the Department of Environmental Quality. [Ord. 1227 § 4, 2006; Ord. 1191 § 4, 2004. RZ Ord. § 145.080.]

The following provisions apply to lots and parcels upon which a new structure is erected, or where a graveled or unimproved lot is paved, or a lot is newly developed for the outdoor sale or display of merchandise, goods or services:

A. Front yards shall be provided with a landscaped area at least three feet wide adjacent to the right-of-way line, exclusive of through direct driveways, on every lot upon which a new structure is erected, or where a graveled or unimproved lot is paved, or a lot is newly developed for the outdoor sale or display of merchandise, goods or services.

B. Side and rear yards abutting a residential zone shall be landscaped adjacent to parking and loading zones. [Ord. 1227 § 4, 2006; Ord. 1191 § 4, 2004. RZ Ord. § 145.090.]

The purpose and intent of the ID (interchange district) is to provide for the location of needed highway service commercial facilities at the interchanges between the controlled access highways and the intersecting arterial roads. To encourage the orderly and compatible development of such district to the end that the natural assets and scenic values of the Willamette Valley will not be lost to the traveler, the residents of the county, or the owners of the property within the interchange district, well-landscaped sites and attractive buildings shall be encouraged. In providing for the location of the highway-oriented service firms, it is essential that the principle function of the interchange (the carrying of traffic to and from the freeway in a safe and expeditious manner) be preserved. Also, the purpose is to provide safe ingress and egress to the commercial developments through control of access points on the county throughways, arterials, streets and highways servicing the interchange districts.

The intent of this interchange district chapter is to promote the health, safety and general welfare of the area and this title is based on the following considerations, among others: the various characteristics of the various areas in the county, the suitability of the areas for particular land uses and improvements, the land uses and improvements in the areas, trends in land improvements, density of development, property values, the needs of economic enterprises in the future development of the areas, needed access to particular sites in the areas, natural resources of the county and prospective needs for development thereof, and the public need for healthful, safe, aesthetic surroundings and conditions. The uses within the ID zone are functionally classified by description of the particular activity or by reference to a category in the “Standard Industrial Classification Manual, 1987” (SIC).

The SIC index number is referenced as an aid to interpretation of uses. Where the term used to describe a use is defined in Chapter 17.110 MCC, the definition takes precedence over any SIC classification.

Furthermore, the interchange district is intended to comply with Oregon Administrative Rules regarding unincorporated communities. That is, uses at those interchanges which satisfy the rule definition of a “rural service center” or “urban unincorporated community” shall be regulated by this chapter in conformity with OAR Chapter 660, Division 022. [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 391, 1974. RZ Ord. § 150.010.]

The boundaries of the ID zone are set forth in the freeway corridor zone maps, filed with and incorporated into the zoning maps. [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 391, 1974. RZ Ord. § 150.020.]

Within any interchange district, no building, structure or premises shall be used, arranged or designed to be used, erected, structurally altered or enlarged, except as permitted by this title. The following uses are permitted in the ID zone:

A. Service station, including gas, oil, lubricating, and minor repair (SIC 5541);

B. Towing service;

C. Traveler accommodations:

1. Hotels and motels up to 35 units in an unincorporated community that is at least 10 miles from the urban growth boundary of any city adjacent to Interstate Highway 5;

D. Eating place, including restaurant, cafe, coffee shop, dining room, drive-in, and tea room (SIC 5812);

E. Recreational vehicle park (SIC 7033) in an unincorporated community;

F. Vending machines, automatic merchandising;

G. Automobile parking (SIC 7521) in an unincorporated community;

H. General automotive repair shop (SIC 7538) in an unincorporated community;

I. Wireless communications facility, attached, subject to the following development standards:

1. Notwithstanding other height limitations in this title, omni-directional (whip) antennas not exceeding 20 feet in height and directional/parabolic antennas not exceeding seven feet in diameter or width and 15 feet in height may be attached to or located on existing structures;

2. Antenna and associated equipment shall be surfaced in a nonreflective color to match the structure on which it is located. An equipment enclosure may be set back from the edge of a roof by a distance at least equal to its height in lieu of screening;

3. Equipment enclosures shall be located within the building on which they are located wherever possible; otherwise, equipment enclosures shall fenced by a six-foot-high fence, wall or hedge;

4. Antennas shall not be illuminated except as required by the Oregon State Aeronautics Division or the Federal Aviation Administration;

5. A wireless communications facility, attached, and equipment enclosure shall be removed by the facility owner or property owner within six months of the date it ceases to be operational;

J. Wireless communications facilities (see limited use, MCC 17.125.120);

K. Uses legally established and existing on July 19, 2000. Such uses are permitted pursuant to this section only on the lot(s) or parcel(s) where they existed on July 19, 2000, in an unincorporated community. [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 457 § 9, 1976; Ord. 391, 1974. RZ Ord. § 150.030.]

When authorized under the procedure provided for conditional uses in this title, the following uses will be permitted in the interchange district:

A. Except in a designated unincorporated community:

1. All permitted and conditional uses set forth in the C zone, other than a medical marijuana dispensary (see MCC 17.110.374), not exceeding 3,500 square feet of floor space.

B. In an unincorporated community:

1. Rural Service Center. Retail, wholesale, and service uses not listed in MCC 17.150.030 and not exceeding 4,000 square feet of floor space (SIC 50 through 89 except 70 and 88);

2. Urban Unincorporated Community (Brooks-Hopmere). Retail, wholesale, and service uses not listed in MCC 17.150.030 and not exceeding 8,000 square feet of floor space (SIC 50 through 89 except 70 and 88);

3. Home occupations, subject to MCC 17.120.075. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 396, 1974; Ord. 391, 1974. RZ Ord. § 150.040.]

In an ID zone, there shall be a minimum front yard of 20 feet. No parking shall be allowed in the required minimum front yard. [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 396, 1974; Ord. 391, 1974. RZ Ord. § 150.050.]

There shall be a side yard and a rear yard on every lot or parcel in an ID zone, which yards shall have a minimum depth as follows:

A. One story: six feet;

B. Two stories: seven feet;

C. Over two stories: eight feet.

Provided there shall be added to the side yard and rear yard minimum requirements aforesaid, one foot for each multiple of 15 feet or portion thereof that the length of that side of the building measures over 30 feet. Notwithstanding MCC 17.110.610, the rear yard in an ID zone shall be measured from the property line. [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 396, 1974; Ord. 391, 1974. RZ Ord. § 150.060.]

No building or structure hereafter erected or enlarged shall exceed three stories or 45 feet in height, whichever is the lesser. [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 396, 1974; Ord. 391, 1974. RZ Ord. § 150.070.]

All required yards shall be landscaped as provided in MCC 17.150.150(B). [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 396, 1974; Ord. 391, 1974. RZ Ord. § 150.080.]

The following uses may be permitted in an interchange district, except within an unincorporated community, after such uses have been approved under the procedures set forth in MCC 17.119.010 through 17.119.070 and 17.119.160 through 17.119.020 (conditional uses):

A. All industrial uses set forth in the I zone, other than a medical marijuana processor (see MCC 17.110.376), or medical marijuana producer (see MCC 17.110.378), not exceeding 35,000 square feet of floor space.

B. The approving authority shall consider the following factors when reviewing a proposed industrial use in an interchange district:

1. Accordance of the proposed use with the Marion County Comprehensive Plan.

2. Accordance of the proposed use with MCC 17.150.010.

3. The short-range and long-term environmental impact of the proposed use upon the immediate and surrounding areas.

4. The feasibility of substituting a zone change in the affected area. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 396, 1974; Ord. 391, 1974. RZ Ord. § 150.090.]

The following uses are permitted in a rural service center:

A. Uses legally established and existing on July 19, 2000. Such uses are permitted pursuant to this section only on the lot(s) or parcel(s) where they existed on July 19, 2000;

B. Expansion of a use existing on November 15, 1994;

C. Wireless communications facility, attached, subject to MCC 17.150.030(I);

D. Wireless communications facilities subject to MCC 17.125.120;

E. Utility facilities necessary for public service; and

F. The following uses, when such uses have been approved by and under the procedures set forth in MCC 17.119.010 through 17.119.070 and 17.119.160 through 17.119.020 (conditional uses), subject to the criteria in MCC 17.150.160:

1. Manufacturing, processing, trucking, wholesale distribution, and storage uses (SIC 20 through 39 and 42) not otherwise listed in this section and not exceeding 40,000 square feet of floor space or 60,000 square feet of floor space in an urban unincorporated community;

2. Caretaker dwelling. [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 150.095.]

There shall be a front yard on every lot in an interchange district, which front yard shall have a minimum depth of 20 feet. Any front yard provided adjacent to a street shall not be used for off-street parking or loading areas, except ingress and egress lanes. [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 391, 1974. RZ Ord. § 150.100.]

There shall be a rear and side yard on every lot in an interchange district, which rear and side yard shall have a minimum depth of 10 feet. The minimum depth shall be increased one foot for each additional foot of building height above 10 feet, except a rear or side yard is not required adjacent to a railroad right-of-way, siding or spur track; provided, however, any rear or side yard provided adjacent to a street shall have a minimum depth of 20 feet. [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 391, 1974. RZ Ord. § 150.110.]

In an interchange district, no building or structure shall exceed 45 feet. [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 391, 1974. RZ Ord. § 150.120.]

All yards shall be landscaped as provided in MCC 17.150.150(B). [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 391, 1974. RZ Ord. § 150.130.]

No land or structure shall be used or occupied unless maintained and operated in continuing compliance with all applicable standards adopted by the Oregon Department of Environmental Quality. [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 391, 1974. RZ Ord. § 150.140.]

A. Access. New and expanded uses shall obtain an access permit from Marion County public works or the Oregon Department of Transportation.

B. Landscaping and Screening Requirements.

1. There shall be provided a 10-foot landscaped yard adjacent to every street exclusive of driveways.

2. All required side and rear yards shall be landscaped exclusive of driveways.

3. Landscaping of yards shall be done as an integral part of the development.

4. All rear and side yards adjacent to property used or zoned for residential purposes shall be contained by an ornamental sight-obscuring fence, wall or hedge six feet in height. If a hedge is used, it may be planted at the three-foot level provided it is capable of attaining a height of at least six feet.

C. Open Storage Yards. All yard areas, exclusive of those required to be landscaped, may be used for materials and equipment storage yards or areas provided such yard area is enclosed with an ornamental, sight-obscuring fence or wall placed at a height of six feet or a compact evergreen hedge planted at three feet and capable of attaining a minimum of six feet; provided, that in no case shall any fence or hedge be placed in vision clearance area (see MCC 17.110.770). Any fence, wall or hedge shall be located on the property at the required setback line in the same manner as if said fence or wall were a building.

Open storage yards shall be paved or graveled and maintained in a dust-free condition.

D. Loading and Parking Facilities. Every vehicle loading and parking area shall be clearly designated as such and paved as provided in MCC 17.118.060 and 17.118.070. Parking requirements shall be provided as set forth in MCC 17.118.050.

E. Utilities. All on-premises utility services shall be installed underground.

F. Lights. Outdoor lighting is permitted provided all lights or group of lights used for the purpose of illuminating a structure, sign, storage yard or outdoor sales and parking area shall be directed away from a public street or highway and any adjacent residential structures.

G. Removal Agreements. In the event that any landscaped yard, structure or sign is allowed to extend into the special setback, a removal agreement must be first signed by the property owner.

H. Lot Area. No minimum lot area is required.

I. Sewage Disposal. Demonstrate that the development will not exceed the existing carrying capacity of the local sewage disposal system or has an on-site sewage disposal site approved by Marion County or the Department of Environmental Quality.

J. Traffic Analysis. Demonstrate that the development will be consistent with the identified function, capacity, and level of service of transportation facilities serving the site. A transportation impact analysis, approved by the Marion County department of public works, may be required prior to building permit approval.

K. Signage. All signs shall meet the standards in Chapter 17.191 MCC.

L. In addition to the provisions in Chapter 17.118 MCC, for a new use in a stormwater management area of an urban unincorporated community, except for a single-family dwelling on a lot, all driveways, parking and loading areas shall be developed and maintained as follows: all parking and loading areas and driveways thereto shall be paved to provide an all-weather surface with asphalt concrete, portland cement concrete, clay bricks or concrete blocks. The type of surfacing shall be approved by the Marion County department of public works. Parking and loading areas shall be adequately designed, graded, and drained. Drainage connections to a public storm drain system shall be approved by the Marion County department of public works. A stormwater detention system conforming to the Marion County department of public works’ standards may be required. Alternate paving materials and methods may be allowed if approved by the public works director. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000; Ord. 1055 § 4, 1997; Ord. 391, 1974. RZ Ord. § 150.150.]

Any new use permitted in MCC 17.150.040 or 17.150.095 shall be allowed only upon demonstration of satisfaction of the following criteria:

A. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use;

B. The proposed use will not, by itself or in combination with existing uses in the community, result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations;

C. The proposed use will not, by itself or in combination with existing uses in the community, exceed the carrying capacity of the soil or of existing water supply resources and sewer services;

D. The traffic generated by the proposed use is consistent with the identified function, capacity, and level of service of transportation facilities serving the community;

E. The proposed use will not create significant adverse effects on existing uses or permitted uses on adjacent land, considering such factors as noise, dust and odors; and

F. The proposed use is intended to directly serve the traveling public or trucking industry, or both. [Ord. 1271 § 5, 2008; Ord. 1191 § 4, 2004; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 150.160.]

The purpose of the IUC (unincorporated community industrial) zone is to implement the rural development policies of the Comprehensive Plan. This zone is applied to land committed to or intended for industrial uses within urban unincorporated communities and rural communities, as those terms are defined in the Comprehensive Plan and Oregon Administrative Rules. The uses within the IUC zone are functionally classified by description of the particular activity or by reference to a category in the “Standard Industrial Classification Manual, 1987” (SIC). The SIC index number is referenced as an aid to interpretation of uses. Where the term used to describe a use is defined in Chapter 17.110 MCC, the definition takes precedence over any SIC classification. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 164.010.]

Within any IUC unincorporated community industrial zone, no building, structure, or premises shall be used, enlarged, or designed to be used, erected, structurally altered or enlarged except as permitted by this chapter. Only the following uses may be permitted in the specified unincorporated community, as those communities are defined in the Comprehensive Plan:

A. Brooks-Hopmere.

1. The following uses are permitted in an existing building or a new or expanded building up to 60,000 square feet:

a. Construction contractor offices and related outdoor storage (SIC 15, 16 and 17);

b. Agricultural services (SIC 07);

c. Manufacture and processing of:

i. Apparel and other finished products made from fabrics (SIC 23);

ii. Millwork, veneer, plywood, and structural wood members (SIC 243);

iii. Wood containers (SIC 244);

iv. Wood products not elsewhere classified (SIC 2499);

v. Furniture and fixtures (SIC 25);

vi. Stone, clay, glass products (SIC 32) except cement (SIC 324), ready-mix concrete (SIC 3273), and minerals and earth ground or otherwise treated (SIC 3295);

vii. Fabricated metal products (SIC 34);

viii. Household appliances (SIC 363);

ix. Electric lighting and wiring equipment (SIC 364);

x. Communications equipment (SIC 366);

xi. Electronic components and accessories (SIC 367);

xii. Motor vehicle parts and accessories (SIC 3714);

xiii. Laboratory apparatus and analytical, optical, measuring, and controlling instruments (SIC 382);

d. Public warehousing and storage (SIC 4220);

e. Freight trucking terminal, with or without maintenance facility (SIC 4231);

f. Wholesale trade (SIC 50);

g. Automotive repair (SIC 753).

2. The following uses are permitted in an existing building or a new or expanded building up to 60,000 square feet when the property has been approved for on-site sewage disposal by Marion County or the Oregon Department of Environmental Quality:

a. Manufacture and processing of food and kindred products (SIC 20, except meat products, SIC 201);

b. Printing, publishing and allied industries (SIC 27).

3. The following uses are permitted in a building or buildings with over 60,000 square feet of floor space (subject to MCC 17.164.060(D)(2)), if the property is located in a limited use overlay zone that implements either provisions of the Brooks-Hopmere community plan or an exception to statewide Goal 14. The uses are also subject to the standards in MCC 17.164.080:

a. Uses listed in subsection (A)(1) of this section;

b. Uses listed in subsection (A)(2) of this section; and

c. The following agriculturally related facilities: interpretive center, office commercial, and meeting/training facilities, where such uses are expressly recognized in an acknowledged statewide planning goal exception in the Marion County Comprehensive Land Use Plan. As used herein, “agriculturally related” facilities are those that primarily, but not exclusively, provide services or goods to farmers and farming-related organizations or are related to the production or preparation of food or food products.

B. Mehama. The following uses are permitted in an existing building or a new or expanded building with a maximum of 40,000 square feet of floor space:

1. Building construction – general and operative builders (SIC 15);

2. Heavy construction other than building contractors (SIC 16);

3. Construction – special trade contractors (SIC 17);

4. Manufacturing of:

a. Apparel and other finished products made from fabrics and similar materials (SIC 23);

b. Lumber and wood products except furniture (SIC 24);

c. Furniture and fixtures (SIC 25);

d. Leather and leather products (SIC 31);

e. Cutlery, hand tools, and general hardware (SIC 342);

f. Fabricated structural metal products (SIC 344);

g. Miscellaneous fabricated wire products (SIC 3496);

h. Metal foil and leaf (SIC 3497);

i. Farm and garden machinery and equipment (SIC 352);

j. Construction, mining, and materials handling machinery and equipment (SIC 3531, 3535, 3536, and 3537);

k. Metalworking machinery and equipment (SIC 3543, 3544, 3545, 3546, 3547, and 3548);

l. Woodworking machinery (SIC 3553);

m. General industrial machinery and equipment (SIC 3561, 3564, and 3565);

n. Computer and office equipment (SIC 357);

o. Automatic vending machines (SIC 3581);

p. Truck trailers (SIC 3715);

q. Motor homes (SIC 3716);

r. Travel trailers and campers (SIC 3792);

s. Miscellaneous manufacturing (SIC 39 except 3995, 3996, and 3999);

5. Motor freight transportation and warehousing (SIC 42 except 4222);

6. Transportation services (SIC 47 except 4741 and 4789);

7. Communications services (SIC 48);

8. Sanitary services (SIC 4959);

9. Wholesale trade – durable goods (SIC 50 except 5052, 5093, and 5099);

10. Wholesale trade – nondurable goods (SIC 51 except 5142 – 5147, 5154, 5169, 5171, 5172, 5194, 5198, and 5199).

C. Quinaby. The following uses are permitted in an existing building or a new or expanded building with a maximum of 40,000 square feet of floor space:

1. Sheet metal work (SIC 3444).

D. Shaw. The following uses are permitted in an existing building or a new or expanded building with a maximum of 40,000 square feet of floor space:

1. Public warehousing and storage (SIC 422).

E. All Communities.

1. Uses legally established and existing on July 19, 2000. Such uses are permitted pursuant to this section only on the lot(s) or parcel(s) where they existed on July 19, 2000;

2. Expansion of:

a. A use existing on November 15, 1994;

b. A use not included in subsection (E)(2)(a) of this section, up to 40,000 square feet of floor space in a rural community and up to 60,000 square feet of floor space in an urban community (subject to MCC 17.164.060(D));

3. Wireless communications facilities, attached, subject to MCC 17.125.110;

4. Utility facilities necessary for public service;

5. Caretaker dwelling;

6. Fire station; and

7. New uses, sited on an abandoned or diminished industrial mill site that was engaged in the processing or manufacturing of wood products, provided the uses will be located only on the portion of the mill site that was zoned for industrial uses on October 28, 1994. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 164.020.]

When authorized under the procedure provided for conditional uses in this title, the following uses will be permitted in an IUC zone, subject to MCC 17.164.040:

A. Manufacturing, processing, trucking, wholesale distribution, and storage uses not listed in MCC 17.164.020 and not exceeding 40,000 square feet of floor space in a rural community nor 60,000 square feet of floor space in an urban community (SIC 20 through 39 and 42);

B. Wireless communications facilities subject to MCC 17.120.080;

C. Manufacturing, processing, trucking, wholesale distribution, and storage uses not listed in MCC 17.164.020 (SIC 20 through 39 and 42) subject to the standards in MCC 17.164.080, in an urban community where the property is located in a limited use overlay zone that implements either requirements of the community plan or an exception to statewide Goal 14;

D. Medical marijuana processor (see MCC 17.110.376) and/or medical marijuana producer (see MCC 17.110.378), subject to MCC 17.120.120, with a maximum of 40,000 square feet of floor space in a rural community and up to 60,000 square feet of floor space in an urban community. [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 164.030.]

Conditional use requests in the IUC zone are subject to all the following criteria:

A. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use;

B. The proposed use will not, by itself or in combination with existing uses in the community, result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations;

C. The proposed use will not, by itself or in combination with existing uses in the community, exceed the carrying capacity of the soil or of existing water supply resources and sewer services;

D. The traffic generated by the proposed use is consistent with the identified function, capacity, and level of service of transportation facilities serving the community; or improvements are imposed that maintain the existing level of service;

E. The proposed use will not create significant adverse effects on existing uses or permitted uses on adjacent land, considering such factors as noise, dust and odors; and

F. The proposed use shall not have industrial or manufacturing processes that require water or discharges of wastewater except upon demonstration that the use has an on-site sewage disposal site approved by Marion County or the Oregon Department of Environmental Quality. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 164.040.]

In any zone change or reclassification of property to an IUC zone where the territory proposed to be changed abuts upon a residential zone, or abuts upon a street or alley which would be the boundary line between the proposed IUC zone and the residential zone, conditions to preserve neighborhood qualities may be imposed by the governing body relating to:

A. Size and location of signs;

B. Size, type and location of outdoor lighting;

C. Landscaped areas;

D. Screening;

E. Building setbacks;

F. Ingress and egress for industrial uses. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 164.050.]

A. Height. The maximum height of any structure shall be 35 feet.

B. Setbacks.

1. Front Yard. No structure other than a fence, wall, or sign shall be located closer than 20 feet from a public right-of-way. When by ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply (see Chapter 17.112 MCC).

2. Side and Rear Yard. No side or rear yard setback is required where abutting property is zoned for commercial or industrial use. Where not abutting a commercial or industrial zone, structures other than fences, walls, and signs shall be set back a minimum of 10 feet.

3. Parking. Parking spaces may abut public rights-of-way and side and rear property lines adjacent to commercial, industrial, or public zones, subject to the landscaping requirements in MCC 17.164.070. Parking spaces shall be set back a minimum of 10 feet from residential, agricultural, and forest zones.

C. Lot Area.

1. Rural Communities. The building site shall be of sufficient size to accommodate on-site sewage disposal and water systems unless these services are provided by a public or community source or can be accessed by easement, required parking, landscaping, and yard areas.

2. Urban Communities. The minimum size of any new lot or parcel shall be 1.25 acres.

D. Parcel Coverage.

1. Rural Communities. No more than 60 percent of a lot or parcel shall be covered by all buildings located thereon.

2. Urban Communities. No more than 40 percent of a lot or parcel shall be covered by all buildings located thereon.

E. Parking. The off-street parking and loading requirements of Chapter 17.118 MCC apply.

F. Access to State Highways. Any new or expanded use with frontage on a state highway shall demonstrate that the property has access approved by the Oregon Department of Transportation or approved access to an alternative public right-of-way.

G. Traffic. Any new or expanded use shall demonstrate that the new development will be consistent with the identified function, capacity, and level of service of transportation facilities serving the site. A transportation impact analysis approved by the Marion County department of public works may be required prior to building permit approval.

H. Sewage Disposal. Any new or expanded use shall demonstrate that the new development will not exceed the existing carrying capacity of the community sewage disposal system or has an on-site sewage disposal site approved by Marion County or the Department of Environmental Quality.

I. In addition to the provisions in Chapter 17.118 MCC, for a new use in a stormwater management area of an urban unincorporated community, except for a single-family dwelling on a lot, all driveways, parking and loading areas shall be developed and maintained as follows: all parking and loading areas and driveways thereto shall be paved to provide an all-weather surface with asphalt concrete, portland cement concrete, clay bricks or concrete blocks. The type of surfacing shall be approved by the Marion County department of public works. Parking and loading areas shall be adequately designed, graded, and drained. Drainage connections to a public storm drain system shall be approved by the Marion County department of public works. A stormwater detention system conforming to the Marion County department of public works’ standards may be required. Alternate paving materials and methods may be allowed if approved by the public works director. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 164.060.]

A. Front yards shall be provided with a landscaped area at least three feet wide adjacent to the right-of-way line, exclusive of through direct driveways, on every lot upon which a new structure is erected, or where a graveled or unimproved lot is paved, or a lot is newly developed for the outdoor sale or display of merchandise, goods or services.

B. Side and rear yards abutting a residential zone shall be landscaped from the property line adjacent to parking and loading zones.

C. The landscaping required in subsections (A) and (B) of this section shall include a single type of shrub or tree, or a variety of shrubs, trees, and ground cover. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 164.070.]

Large-scale uses are defined as uses permitted in a building or buildings with over 60,000 square feet of floor space.

A. Sewage Disposal.

1. Except for uses listed in MCC 17.164.020(A)(3)(b), evidence shall be submitted that wastewater from the proposed use can be adequately disposed of by either:

a. A community sewage disposal system; or

b. An on-site system approved by Marion County or the Oregon Department of Environmental Quality.

2. For uses listed in MCC 17.164.020(A)(2), evidence shall be submitted that wastewater from the proposed use can be adequately disposed of by an on-site system approved by Marion County or the Oregon Department of Environmental Quality.

B. A transportation impact analysis, approved by the Marion County department of public works and Oregon Department of Transportation, demonstrating that the new development will be consistent with the identified function, capacity, and level of service of transportation facilities serving the site shall be submitted prior to building permit approval. [Ord. 1180 § 4, 2003; Ord. 1139 § 5, 2001; Ord. 1131 § 5, 2000; Ord. 1118 § 5, 2000. RZ Ord. § 164.080.]

The purpose of the I (industrial) zone is to implement the rural development policies of the Comprehensive Plan and recognize existing industrial uses in rural and natural resource areas of the county. This zone is applied to land committed to, or intended for, industrial uses outside urban unincorporated communities, rural communities, and rural service centers, as those terms are defined in the Comprehensive Plan and Oregon Administrative Rules. The purpose and intent of the industrial zone is to provide for the location, in rural areas, of needed industrial uses which are not dependent upon urban services. The I zone encourages orderly and compatible development of industrial uses, including agricultural related industry, on rural lands. These lands are suited for industrial use due to marginal agricultural soils, adverse circumstances such as shape, proximity to railroad or transmission line corridors or proximity to markets or resources. The industrial zone may be appropriate in rural areas designated in the Marion County Comprehensive Plan as industrial or in locations which meet the intent of the zone.

The uses within the I zone are functionally classified by description of the particular activity or by reference to a category in the “Standard Industrial Classification Manual, 1987” (SIC). The SIC index number is referenced as an aid to interpretation of uses. Where the term used to describe a use is defined in Chapter 17.110 MCC, the definition takes precedence over any SIC classification. [Ord. 1191 § 4, 2004. RZ Ord. § 165.010.]

Within any I zone no building, structure, or premises shall be used, or arranged, except as permitted by this title. Only the following uses may be permitted at a scale appropriate to serve the rural area, subject to MCC 17.165.060:

A. Agricultural services and forestry (SIC 07 and 08);

B. Contracting and service facilities (SIC 15, 16, 17);

C. Tobacco processing (SIC 21);

D. Textile products manufacture (SIC 22);

E. Textiles and apparel manufacture and fabrication of textile products (SIC 23);

F. Printing, publishing and allied industries (SIC 27);

G. Rubber and allied products manufacturing (SIC 30);

H. Cement, clay, glass and stone products manufacturing facilities (SIC 32, except 323 glass products made of purchased glass);

I. Metal fabricated products manufacturing facilities (SIC 34, except SIC 347 coating and engraving and except SIC 348 ordnance and ammunition manufacturing);

J. Appliances, office and electrical product equipment manufacturing (SIC 36);

K. Woodworking machinery, including sawmill equipment (SIC 3553);

L. Coal and wood fuel dealers (SIC 5989);

M. Transportation equipment, manufacture and repair (SIC 37, except 3743 railroad equipment, see MCC 17.165.040(E));

N. Professional, scientific and controlling equipment manufacturing (SIC 38);

O. Wholesales firms (SIC 50 and 51);

P. Other uses:

1. Metalworking equipment and machinery manufacturing wholly within a building;

2. Warehouses (SIC 42 except 4225);

3. Utilities – primary equipment and storage yard;

4. Auction house or market;

5. Heavy construction equipment rental and leasing (SIC 7353);

6. Textiles and apparel – other facilities:

a. Cleaning and dyeing plants;

b. Laundry plant;

c. Storage of fur and clothing;

Q. Wireless communications facilities, attached, subject to MCC 17.125.110;

R. Utility facilities necessary for public service;

S. Caretaker dwelling;

T. Fire station;

U. New industrial uses, sited on an abandoned or diminished mill site, which means a mill, plant or other facility engaged in the processing or manufacturing of wood products, including sawmills and facilities for the production of plywood, veneer, hardboard, panel products, pulp and paper, that:

1. Was closed after January 1, 1980, or was operating at less than 25 percent capacity since January 1, 2003; and

2. Contains or contained permanent buildings used in the production or manufacturing of wood products;

V. Uses legally established and existing on the date of adoption of the ordinance codified in this title. Such uses are permitted pursuant to this section only on the lot(s) or parcel(s) where they existed on the date of adoption of the ordinance codified in this title, subject to MCC 17.165.070. [Ord. 1191 § 4, 2004. RZ Ord. § 165.020.]

Upon the issuance of all required permits by the Oregon Department of Environmental Quality the following additional uses shall be permitted in an I zone, subject to MCC 17.165.060:

A. Food, grain, feed and derivative products processing (SIC 20);

B. Lumber and wood products (SIC 24);

C. Furniture and plumbing fixtures manufacturing (SIC 25);

D. Wood and lumber products processing, manufacturing and storage facilities (SIC 261);

E. Fabrication of paperboard containers and boxes (SIC 265);

F. Manufacturing of chemical and allied products (SIC 28);

G. Petroleum products and gasoline storage only, provided all storage is underground. [Ord. 1191 § 4, 2004. RZ Ord. § 165.030.]

When authorized under the procedure provided for conditional uses in this title, the following uses will be permitted in an I zone, subject to MCC 17.165.060:

A. Mining, crushing or stockpiling of aggregate and other mineral and subsurface resources subject to MCC 17.120.410 through 17.120.480;

B. Petroleum, petroleum products, by-products manufacturing and storage facilities (SIC 29);

C. Metals, primary, manufacturing facilities (SIC 33);

D. Machinery manufacturing facilities (SIC 35);

E. Railroad equipment manufacturing (SIC 3743);

F. Automobile wreckers (SIC 5093);

G. Welding shop (SIC 7692);

H. Blacksmith (SIC 7699);

I. Public power generation;

J. Solid waste disposal sites (see specific conditional uses, MCC 17.120.310 through 17.120.380);

K. Repealed by Ord. 1313;

L. Heliport;

M. Wireless communication facilities (see specific conditional uses, MCC 17.120.080);

N. Recreational vehicle, mobile home and boat repair and manufacturing;

O. Kennels, boarding and raising of animals;

P. Public power generation facilities;

Q. Medical marijuana processor (see MCC 17.110.376) and/or medical marijuana producer (see MCC 17.110.378), subject to MCC 17.120.120;

R. Repealed by Ord. 1313;

S. Manufacturing, processing, trucking, wholesale distribution, and storage uses not listed in MCC 17.165.020 or 17.165.030 and not exceeding 35,000 square feet of floor area (SIC 20 through 39 and 42). [Ord. 1372 § 4 (Exh. A), 2016; Ord. 1313 § 4 (Exh. A), 2011; Ord. 1191 § 4, 2004. RZ Ord. § 165.040.]

Conditional use requests in the I zone are subject to the following criteria:

A. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use;

B. The proposed use will not, by itself or in combination with existing uses, result in public health hazards or adverse environmental impacts that violate state or federal water quality regulations;

C. The proposed use will not, by itself or in combination with existing uses, exceed the carrying capacity of the soil or of existing water supply resources and sewer services;

D. The traffic generated by the proposed use is consistent with the identified function, capacity, and level of service of transportation facilities serving the use; or improvements are imposed that maintain the existing level of service;

E. The proposed use will not create significant adverse effects on existing uses or permitted uses on adjacent land, considering such factors as noise, dust and odors; and

F. The proposed use shall not have industrial or manufacturing processes that require water or discharges of wastewater except upon demonstration that the use has an on-site sewage disposal site approved by Marion County or the Oregon Department of Environmental Quality. [Ord. 1191 § 4, 2004. RZ Ord. § 165.050.]