Chapter 17.120
SPECIFIC CONDITIONAL USES Revised 6/20

Sections:

Article I. Specific Conditional Uses

17.120.010    Mobile home parks.

17.120.020    Duplex on a corner lot.

17.120.030    Boat, camper, and trailer storage area or lot.

17.120.040    Temporary use of mobile home or recreational vehicle during certain hardship conditions. Revised 6/20

17.120.050    Custom cabinet shop and sales firm.

17.120.075    Conditional home occupations.

17.120.080    Wireless communications facilities.

17.120.090    Agri-tourism events and activities.

17.120.100    Wind power generation facilities.

17.120.110    Repealed.

17.120.120    Medical marijuana businesses.

Article II. Solid Waste Disposal Sites

17.120.310    Purpose and scope.

17.120.315    Definitions.

17.120.320    Conditional uses.

17.120.325    Minimum standards.

17.120.330    Application for conditional use permit.

17.120.335    Repealed.

17.120.340    Procedures.

17.120.345    Issuance of permits.

17.120.350    Amendment to conditional use permit.

17.120.355    Coordination with the solid waste disposal committee and other regulatory agencies.

17.120.360    Standards for solid waste disposal site rehabilitation and restoration.

17.120.365    Suspension or revocation of solid waste disposal site permit.

17.120.370    Failure to maintain site or conditions.

17.120.375    Repealed.

17.120.380    Required agreements and liens.

Article III. Mineral and Aggregate Resource Operations

17.120.410    Purpose.

17.120.420    Definitions.

17.120.425    Exemptions.

17.120.430    Application requirements.

17.120.435    Hearing notice.

17.120.440    Allowable uses.

17.120.450    Review criteria.

17.120.460    Standards for development and operation.

17.120.470    Nonconforming mineral and aggregate operations.

17.120.480    Supplemental provisions.

Article I. Specific Conditional Uses

17.120.010 Mobile home parks.

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.]

17.120.020 Duplex on a corner lot.

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.]

17.120.030 Boat, camper, and trailer storage area or lot.

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.]

17.120.040 Temporary use of mobile home or recreational vehicle during certain hardship conditions. Revised 6/20

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. [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.]

17.120.050 Custom cabinet shop and sales firm.

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.]

17.120.075 Conditional home occupations.

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. 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.]

17.120.080 Wireless communications facilities.

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.]

17.120.090 Agri-tourism events and activities.

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.]

17.120.100 Wind power generation facilities.

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.]

17.120.110 Photovoltaic solar power generating facilities.

Repealed by Ord. 1387. [Ord. 1330 § 4 (Exh. A), 2013.]

17.120.120 Medical marijuana businesses.

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.]

Article II. Solid Waste Disposal Sites

17.120.310 Purpose and scope.

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.]

17.120.315 Definitions.

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.]

17.120.320 Conditional uses.

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.]

17.120.325 Minimum standards.

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.]

17.120.330 Application for conditional use permit.

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.]

17.120.335 Preliminary permit.

Repealed by Ord. 1313. [Ord. 516 § 2, 1978. RZ Ord. § 120.335.]

17.120.340 Procedures.

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.]

17.120.345 Issuance of permits.

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.]

17.120.350 Amendment to conditional use permit.

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.]

17.120.355 Coordination with the solid waste disposal committee and other regulatory agencies.

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.]

17.120.360 Standards for solid waste disposal site rehabilitation and restoration.

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.]

17.120.365 Suspension or revocation of solid waste disposal site permit.

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.]

17.120.370 Failure to maintain site or conditions.

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.]

17.120.375 Administration and enforcement.

Repealed by Ord. 1313. [Ord. 516 § 2, 1978. RZ Ord. § 120.375.]

17.120.380 Required agreements and liens.

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

17.120.410 Purpose.

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.]

17.120.420 Definitions.

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.]

17.120.425 Exemptions.

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.]

17.120.430 Application requirements.

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.]

17.120.435 Hearing notice.

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.]

17.120.440 Allowable uses.

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.]

17.120.450 Review criteria.

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.]

17.120.460 Standards for development and operation.

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.]

17.120.470 Nonconforming mineral and aggregate operations.

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.]

17.120.480 Supplemental provisions.

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.]