Chapter 19.67
SERPENTINE ZONE

Sections:

19.67.010    Purpose.

19.67.020    Permitted uses.

19.67.030    Conditional uses.

19.67.040    Temporary uses.

19.67.050    Property development standards.

19.67.010 Purpose.

The purpose of designating lands underlain by serpentinite or peridotite geologic units is to provide a management classification that will permit treatment of such lands based on land capability. The lands included in the serpentine zone are not commonly classified as commercial forest lands, agricultural lands, or rural residential lands, although, depending upon ownership and management objectives, serpentines have historically been used for all these purposes. This zone is designed to provide for the beneficial use of such lands as distinguished from other land types in Josephine County. [2005 RLDC § 67.010.]

19.67.020 Permitted uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), unless site plan review is required (Chapter 19.42 JCC), in which case uses shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC). Uses shall also meet the applicable development standards listed in JCC 19.67.050. In all cases except farm and forest uses, a development permit shall be required as the final permit approval (Chapter 19.41 JCC).

A. Cement and asphalt batching, rock processing and crushing;

B. Exploration, mining and processing of aggregate and other mineral resources or other subsurface resources, including development of geothermal resources;

C. Family day-care dwelling for fewer than 13 children, including children of the care provider, regardless of full-time or part-time status;

D. Farm use;

E. Forest management;

F. Log scaling and log storage;

G. Public road and highway construction and reconstruction projects, to include temporary detours and temporary maintenance and material yards during projects, and permanent weigh stations and rest areas (road and highway projects may include the placement of utility facilities);

H. Recycling centers subject to Chapter 19.86 JCC;

I. Residential care facility;

J. Residential care home;

K. Resource recovery facilities subject to Chapter 19.86 JCC;

L. Sewage disposal plants, pumping or treatment facilities, water storage reservoirs and other similar public facilities;

M. Sewage transfer sites subject to Chapter 19.86 JCC;

N. Signs subject to Chapter 19.74 JCC;

O. Single-family dwelling or manufactured dwelling;

P. Temporary facilities for the primary processing of forest products produced on the property, including portable mills, portable chippers and portable processors;

Q. Utility or communication facilities necessary for public services, including transmission facilities and receiving towers;

R. Waste transfer centers subject to Chapter 19.86 JCC;

S. Type I and Type II home occupations, subject to Chapter 19.92 JCC;

T. Boarding house. [Ord. 2018-003 § 1; Ord. 2012-003 (Exh. A); 2005 RLDC § 67.020.]

19.67.030 Conditional uses.

The following uses, with accessory uses, shall be authorized using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for Conditional Uses (Chapter 19.45 JCC) and Site Plan Review (Chapter 19.42 JCC). All uses shall also meet the applicable development standards listed in JCC 19.67.050. A development permit shall be required as the final permit approval (Chapter 19.41 JCC).

A. Destination resort;

B. Fire attack landing strips for airplanes and helicopter pads, emergency protection facilities, fire towers, public work yards, and temporary logging labor camps;

C. Home occupations subject to the requirements of Chapter 19.92 JCC;

D. Hunting and fishing preserves, archery, rifle, and pistol target ranges;

E. Open, noncommercial storage of up to four motor vehicles, from which parts have not been removed, when such vehicles are currently unlicensed or when such stored vehicles are owned by an individual other than the resident or owner of the property;

F. Recreation sites, including parks, campgrounds, retreat centers and conference grounds;

G. Research and interpretive facilities related to the preservation of unique natural conditions or communities and the conservation and management of wildlife resources;

H. Transitional housing camp subject to JCC 19.99A.020(A);

I. Kennels (conditional use – type 1 fee). [Ord. 2022-001 § 1; Ord. 2018-003 § 1; Ord. 2012-003 (Exh. A); 2005 RLDC § 67.030.]

19.67.040 Temporary uses.

The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), subject to temporary use requirements (Chapter 19.43 JCC). All uses shall meet the applicable development standards listed in JCC 19.67.050. In all cases, a development permit shall be required as final permit approval (Chapter 19.41 JCC).

A. Mass gathering;

B. Medical hardship dwelling/detached living space;

C. Temporary storage of an unoccupied manufactured dwelling. [Ord. 2018-003 § 1; 2005 RLDC § 67.040.]

19.67.050 Property development standards.

All uses authorized by this chapter are subject to certain additional permit, process and property development standards that are contained elsewhere in this title. The following is a list of chapters that are or may be applicable:

A. Permit Review Requirements.

1. Basic review provisions – Chapter 19.20 JCC.

2. Pre-application review – Chapter 19.21 JCC.

3. Permit review procedures – Chapter 19.22 JCC.

4. Basic application requirements – Chapter 19.40 JCC.

5. Administration of permits – Chapter 19.41 JCC.

6. Site plan review – Chapter 19.42 JCC.

7. Temporary uses – Chapter 19.43 JCC.

8. Variances – Chapter 19.44 JCC.

9. Conditional uses – Chapter 19.45 JCC.

B. Property Development Standards.

1. Minimum lot size is 20 acres, or five acres for residential purposes, both subject to the following:

a. A site approval has been granted for each lot or parcel for subsurface sewage disposal or an alternative sewage disposal system;

b. The lot size reduction shall not interfere with the rights of adjoining property owners to fully develop the mineral resources of the serpentine zone;

c. Water Supply:

[1] Has available a domestic water source capable of delivering a minimum of three gallons per minute of potable water for a period of one hour;

[2] A domestic water source may be a drilled and cased groundwater well or a surface source such as shallow well, spring, or perpetual stream;

[3] If a surface water source is to be used, the source must be developed, prior to partitioning in compliance with applicable Oregon Administrative Rules governing domestic water quality, to include a system for water treatment;

d. No development permit or building permit shall be issued for residential construction on any lot created after the adoption of this title unless the lot or parcel has available a domestic water source as required by this section;

e. In order to demonstrate compliance with the above requirements the following shall be submitted:

[1] For surface water systems: approval from the Environmental Health Department showing that the water source meets domestic water standards and confirmation from the Watermaster’s Office that water rights are approved; or

[2] For groundwater systems: confirmation from the Watermaster’s Office that a well has been constructed that at a minimum meets the water delivery rate and a report from a certified water laboratory that the water meets state water standards for potability;

[3] If the water source identified above is or will be located on an adjacent lot or parcel, must have written proof of an easement.

2. Minimum lot width shall be 500 feet for lots sized above five acres and 300 feet for lots sized five acres or smaller.

3. Access and transportation – See Chapter 19.81 JCC.

4. Airport overlay – See Chapter 19.69D JCC.

5. Archaeological resources – See Chapter 19.93 JCC.

6. Building size, accessory heights, setbacks, yard dimensions – See Chapter 19.72 JCC.

7. Deer overlay – See Chapter 19.69B JCC.

8. Erosion, sediment control, storm drainage facilities – See Chapter 19.83 JCC.

9. Fences, wall and screens – See Chapter 19.73 JCC.

10. Flood hazard overlay – See Chapter 19.69A JCC.

11. Historic resources – See Chapter 19.94 JCC.

12. Mineral and aggregate resources – See JCC 19.73.040(A) and Chapter 19.91 JCC.

13. Parking – See Chapter 19.75 JCC.

14. RV parks, lodges and campgrounds – See Chapter 19.98 JCC.

15. Signs – See Chapter 19.74 JCC.

16. Solid waste – See Chapter 19.86 JCC.

17. Stream setbacks – See Chapter 19.72 JCC.

18. Utilities – See Chapter 19.85 JCC.

19. Water hazard overlay – See Chapter 19.69E JCC.

20. Water standards – See Chapter 19.84 JCC.

21. Wild and scenic rivers overlay – See Chapter 19.69C JCC. [2005 RLDC § 67.050.]