Chapter 18.112
EXCLUSIVE FARM USE ZONE, EFU-JA (JUNIPER ACRES)
Sections:
18.112.010 Uses permitted outright.
18.112.020 Administration uses permitted.
18.112.030 Conditional uses permitted.
18.112.040 Dwellings provided in conjunction with farm use.
18.112.050 Dwellings “not” provided in conjunction with farm use.
18.112.051 Wildlife policy applicability.
18.112.005 Purpose.
The purpose of this zoning district is to ameliorate the consequences of the establishment of the Juniper Acres Partitioning in 1962 by permitting a level of residential development that would not ordinarily be permitted in an exclusive farm use zone given the large number of private owners of numerous legally created parcels, and to modulate the timing of the residential development. The Crook County court had established a task force to investigate solutions to fire suppression, road construction and maintenance issues in the subdivision. These issues of public health and safety have not been addressed and the court’s order stating that it is premature to issue additional building permits in the Juniper Acres subdivision remains in effect (Order 2007-80). The remaining sections of this chapter shall not apply until the court determines that building permits can be issued. (Ord. 326 § 5 (Att. A), 2021; Ord. 18 § 3.230, 2003)
18.112.010 Uses permitted outright.
In the EFU-JA zone, the following uses and accessory uses thereof are permitted outright. While some uses may prompt an inquiry to, and/or action by, the planning director, authorization of such uses does not require notice to adjacent property owners or other interested parties and does not constitute a land use decision pursuant to ORS 197.015(10).
(1) Farm use, as defined in ORS 215.203(2).
(2) Operations for the exploration of geothermal resources as defined by ORS 522.005, including the placement and operation of compressors, separators and other customary production equipment for 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(1)(a) or (b).
(3) Climbing or passing lanes within the right-of-way existing as of July 1, 1987.
(4) Temporary public roads or detours that will be abandoned and restored to original condition or use at such time as no longer needed.
(5) Exploration for minerals as defined by ORS 517.750.
(6) Minor betterment of existing public roads and highway-related facilities such as maintenance yards, weigh stations and rest areas within the right-of-way existing as of July 1, 1987, and contiguous public-owned property utilized to support the operation and maintenance of public roads and highways.
(7) Creation, restoration or enhancement of wetlands.
(8) Alteration, restoration or replacement of a lawfully established dwelling that:
(a) Has intact exterior walls and roof structure;
(b) Has indoor plumbing consisting of a kitchen sink, toilet and bathing facilities connected to a sanitary waste disposal system;
(c) Has interior wiring for interior lights;
(d) Has a heating system; and
(e) If the dwelling to be replaced is located on a portion of the lot or parcel zoned for exclusive farm use, the applicant, as a condition of approval, shall execute and record in the deed records for Crook County 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 record for the county. The release shall be signed by the county or its designee and state that the provisions of this paragraph regarding replacement dwellings have changed to allow the siting of another dwelling. The county planning director or the director’s designee shall maintain a record of the lots and parcels that do not qualify for the siting of a new dwelling under the provisions of this paragraph, including a copy of the deed restrictions and release statements filed under this subsection.
(f) The county shall require as a condition of approval that the landowner for the dwelling sign and record in the deeds records for the county a document binding the landowner and the landowner’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action is allowed under ORS 30.936 or 30.937.
(9) The breeding, kenneling and training of greyhounds for racing.
(10) Seasonal farm worker housing as defined in ORS 197.675.
(11) Winery as described in ORS 215.452.
(12) Recreational vehicle (RV) on an individual lot. The owner of the lot and up to one invitee may place an RV on a lot up to 14 days in a 90-day period, subject to the provisions of this title. (Ord. 18 § 3.230(1), 2003)
18.112.020 Administration uses permitted.
In the EFU-JA zone, the following uses and their accessory uses may be permitted if determined by the planning director to satisfy the applicable criteria and provisions of law. Authorization of these uses constitutes a land use decision pursuant to ORS 197.015(10). Notice and an opportunity for a hearing must be provided in the manner described in ORS 215.416. These uses may be referred to the planning commission for review if deemed appropriate by the planning director. Appeals of a planning director administrative decision shall be appealed to the planning commission as set forth in CCC 18.172.110.
(1) Dwellings provided in conjunction with farm use pursuant to CCC 18.112.040.
(2) Dwellings not provided in conjunction with farm use pursuant to CCC 18.112.050.
(3) Sending area for transfer of development credits pursuant to CCC 18.140.010.
(4) Recreational vehicle (RV) on an individual lot.
(a) The owner of the lot may place an RV on a lot for up to 180 days in a calendar year with an approved septic system. The RV must be removed from the site when not in use. Each year when commencing occupancy of the parcel with an RV, the property owner shall at no cost register with the county planning department to enable that department to regulate and enforce the 180-day limitation.
(b) All RV owners found to be using an RV in violation of this title shall be subject to immediate citation for violation of the Crook County ordinances and be subject to fines or other remedies. (Ord. 18 § 3.230(2), 2003)
18.112.030 Conditional uses permitted.
In the EFU-JA zone, the following uses and their accessory uses may be permitted if determined by the hearing officer or planning commission hearing must be provided in the manner described in ORS 215.416. A decision regarding these uses does constitute a land use decision pursuant to ORS 197.015(10).
(1) Private Parks and Campgrounds. Campgrounds in private parks shall only be those allowed by this section. 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 197.732 and Chapter 660 OAR, Division 4. A “campground” is an area devoted to overnight temporary use for vacation, recreational or emergency purposes, but not 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. 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. Campsites may be occupied by a tent, travel trailer or a recreational vehicle. Separate sewer, water or electric service hook-ups shall not be provided to individual campsites. Campgrounds authorized by this rule shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores and gas stations. 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. Approval of a use pursuant to this subsection is subject to the review criteria of CCC 18.112.060, and any other applicable criteria or provisions of law.
(2) Community centers owned and operated by a government agency or nonprofit community organization. Approval of a use pursuant to this subsection is subject to the review criteria of CCC 18.112.060.
(3) Home occupations carried on by the resident as an accessory use within dwellings or other buildings referred to in ORS 215.203(2)(b)(F) or (G) as provided in ORS 215.448. Approval of a use pursuant to this section is subject to the review criteria of CCC 18.112.060, and any other applicable criteria or provisions of law.
(4) One manufactured dwelling, or the temporary residential use of an existing building, in conjunction with an existing dwelling as a “temporary use” for the term of a hardship suffered by the existing resident or a relative of the resident. Within three months of the end of the hardship, the manufactured dwelling shall be removed or demolished, or returned to an allowable nonresidential use. The governing body or its designee shall provide for periodic review of the hardship claimed under this subsection. A temporary residence approved under this paragraph is not eligible for replacement under CCC 18.112.010(8). Approval of a use pursuant to this subsection is subject to the review criteria of CCC 18.112.060, and any other applicable criteria or provisions of law.
(a) The county shall require as a condition of approval that the landowner for the dwelling sign and record in the deeds for the county a document binding the landowner and the landowner’s successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 and 30.937.
(5) Personal-use airports for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. A “personal-use airport” as used in this section means an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent occasional basis, by invited guests, and by commercial aviation activities in connection with agricultural operations. No aircraft may be based on a personal use airport other than those owned or controlled by the owner of the airstrip.
(6) Wildlife habitat conservation and management plans pursuant to ORS 215.800 through 215.808. (Ord. 18 § 3.230(3), 2003)
18.112.040 Dwellings provided in conjunction with farm use.
In the EFU-JA zone a dwelling in conjunction with farm use may be approved if:
See requirements for “farm dwellings” in Chapter 18.16 CCC (EFU-1). (Ord. 18 § 3.230(4), 2003)
18.112.050 Dwellings “not” provided in conjunction with farm use.
In the EFU-JA zone a dwelling not provided in conjunction with farm use may be authorized if the following approval criteria are satisfied:
(1) The dwelling or activities associated with the dwelling will not force a significant change in or significantly increase the cost of accepted farming practices on nearby lands devoted to farm or forest use;
(2) The dwelling is situated upon a lot or parcel, or a portion of a lot or parcel, that is generally unsuitable land for the production of farm crops and livestock or merchantable tree species, considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, location and size of the tract:
(a) A lot or parcel shall not be considered unsuitable solely because of size or location if it can reasonably be put to farm or forest use in conjunction with other land; and
(b) A lot or parcel is not “generally unsuitable” simply because it is too small to be farmed profitably by itself. If a lot or parcel can be sold, leased, rented or otherwise managed as a part of a commercial farm or ranch, it is not “generally unsuitable.” A lot or parcel, or portion of a lot or parcel, is presumed suitable for farm use if it is predominantly composed of Class I – VI soils. Just because a lot or parcel is unsuitable for one farm use does not mean it is not suitable for another farm use;
(3) The dwelling will not materially alter the stability of the overall land use pattern of the area. In determining whether a proposed nonfarm dwelling will alter the stability of the overall land use pattern of the area, the county shall consider the cumulative impact of possible new nonfarm dwellings and parcels on other lots or parcels in the area similarly situated. To address this standard the county shall rely on the comprehensive plan provision regarding Juniper Acres and identifying the land use pattern of the area. Pursuant to the applicable comprehensive plan and accompanying policies, authorization of dwellings not provided in conjunction with farm use shall be limited to 150 dwellings;
(4) The county finds and determines that the establishment of 150 dwellings in this zone will not force a significant change in or significantly increase the cost of accepted farming practices on nearby lands devoted to farm or forest use and will not materially alter the stability of the overall land use pattern of the area;
(5) No more than 25 dwellings not provided in conjunction with farm use may be approved during the calendar year of 2001. No more than 10 dwellings per year may be approved each calendar year thereafter until the 150-dwelling limit is reached; or
(6) Prior to final approval of a building permit for a dwelling permit, for a dwelling not provided in conjunction with farm use, governed by this section, the entire lot or parcel upon which the nonfarm dwelling will be located must be disqualified from special assessment at value for farm use pursuant to ORS 215.236. (Ord. 18 § 3.230(5), 2003)
18.112.051 Wildlife policy applicability.
All new nonfarm dwellings on existing parcels within the deer and elk winter ranges must meet the residential density limitations found in Wildlife Policy 2 of the Crook County comprehensive plan. Compliance with the residential density limitations may be demonstrated by calculating a one-mile radius (or 2,000-acre) study area. An applicant may use a different study area size or shape to demonstrate compliance with Wildlife Policy 2 provided the methodology and size of the study area are explained and are found to be consistent with the purpose of Crook County comprehensive plan Wildlife Policy 2. (Ord. 236 § 1 (Exh. A), 2010)
18.112.060 Specific criteria.
In the EFU-JA zone, certain uses are subject to specific criteria, in addition to any other applicable criteria. The specific provisions of this section apply only when referenced within the list of uses included in CCC 18.112.020 and 18.112.030.
The use may be approved only where the county finds that the use will not:
(1) Force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; or
(2) Significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use. (Ord. 18 § 3.230(6), 2003)
18.112.070 Land divisions.
Divisions of land shall be allowed only when consistent with the requirements of this section:
(1) No new parcels may be created in the EFU-JA zone.
(2) All parcels existing at the time of the adoption of the ordinance codified in this title shall be considered legal parcels. (Ord. 18 § 3.230(7), 2003)
18.112.080 Setbacks.
(1) The minimum setback of a nonfarm use from the property line adjacent to a farm use not owned by the applicant shall be 100 feet.
(2) The minimum setback for front, side and rear yards from the property line shall be 30 feet. (Ord. 18 § 3.230(8), 2003)
18.112.090 Signs.
The following nonilluminated signs are permitted:
(1) One nameplate for each dwelling unit of not more than 16 square feet in area;
(2) One temporary sign advertising the sale, lease or rental of the property, livestock or goods, not more than nine square feet in area;
(3) One sign identifying an enterprise other than a farm or ranch, which is a conditional use, not more than 32 square feet in area and located at least 35 feet from a property line. (Ord. 18 § 3.230(9), 2003)
18.112.100 Lighting.
(1) Illumination of uses in the EFU-JA zone is allowed in a way that preserves rural vistas and is confined to the property from which it is generated.
(2) All nonexempt outdoor lighting fixtures shall have shielding so the illumination is confined to the property on which the light is located.
(3) Exceptions.
(a) All outdoor light fixtures lawfully installed prior to the adoption of the EFU-JA zone. All replacement of outdoor lighting fixtures, after the adoption of the EFU-4 zone, shall comply with this chapter.
(b) Lights used for holiday decorations for no more than 45 days.
(c) Temporary lights for agricultural uses. (Ord. 18 § 3.230(10), 2003)