Chapter 17.125
LIMITED USES Revised 3/19

Sections:

17.125.005    Purpose.

17.125.010    Temporary use of mobile home during construction.

17.125.020    Subdivision or planned development pre-cutting and assembly facility.

17.125.030    Winery.

17.125.035    Large winery.

17.125.050    Mobile home on a lot in the RS zone.

17.125.060    Fuel oil distribution firms.

17.125.070    Mobile home towing service office.

17.125.080    Retail building materials sales firm.

17.125.100    Limited home occupations.

17.125.110    Wireless communications facilities, attached.

17.125.120    Wireless communications facilities.

17.125.130    Single agri-tourism or other commercial activity or event.

17.125.140    Cider business. Revised 3/19

17.125.005 Purpose.

The purpose of the limited use chapter is to provide specific requirements for permitted uses that are considered limited due to their nature and activities. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978.]

17.125.010 Temporary use of mobile home during construction.

The building official may grant a temporary permit for the use and occupancy of a mobile home by the applicant for the length of time that the homeowner is constructing a house on the same premises on which the mobile home is to be located. Such permit shall be granted for a period of one year, and may be renewed for a maximum period of one additional year by the county building official. As a condition of granting such a permit, the building official shall require that an agreement be signed by the applicant stating that he is fully aware of the terms of such temporary use.

Any additional extension of time beyond that allowed by the building official shall be at the sole discretion of the director, planning commission or hearings officer after proceedings are held in the same manner as provided for variances, and such requests shall be considered as requests for a variance from the terms of this title. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.010.]

17.125.020 Subdivision or planned development pre-cutting and assembly facility.

Subdivision or planned development pre-cutting and assembly facilities, including permanent structures which are to be converted to a permitted use, temporary buildings and structures and related outdoor storage area, may be permitted by the building official provided:

A. The building official issues a permit for such specific purpose.

B. That at least 80 percent of the production of said facility is used within the development or subdivision.

C. The facility has a finished-appearing exterior and the site is maintained in a neat and trim condition and all portions of said facility are screened from all residential and commercial areas with such landscaping as may be necessary.

D. That all signs comply with the requirements of Chapter 17.191 MCC.

E. That the term of such permit for each approved planned development phase or recorded addition to a subdivision shall not exceed three years for the permit, which may be renewed once for an additional two-year period. Additional periods may be granted by the director, planning commission or hearings officer under the variance procedure when the applicant can show good cause for such delay and such site is not detrimental to the area.

F. When necessary, due to a complaint or by reason of closeness to residential uses, the building official may limit the hours of operation of said facility.

G. Failure to continuously comply with these conditions and any conditions on the permit shall automatically void the permit.

H. When the development or subdivision is complete, the property shall be restored to its residential condition and use. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.020.]

17.125.030 Winery.

A winery may be established in the EFU, SA or FT zones subject to the following criteria:

A. The winery produces wine with a maximum annual production of:

1.  Less than 50,000 gallons; and:

a. Owns an on-site vineyard of at least 15 acres;

b. Owns a contiguous vineyard of at least 15 acres;

c. Has a long-term contract for the purchase of all of the grapes from at least 15 acres of a vineyard contiguous to the winery; or

d. Obtains grapes from any combination of subsections (A)(1)(a), (b) or (c) of this section; or

2. At least 50,000 gallons and the winery:

a. Owns an on-site vineyard of at least 40 acres;

b. Owns a contiguous vineyard of at least 40 acres;

c. Has a long-term contract for the purchase of all of the grapes from at least 40 acres of a vineyard contiguous to the winery;

d. Owns an on-site vineyard of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of vineyards in Oregon that are located within 15 miles of the winery site; or

e. Obtains grapes from any combination of subsections (A)(2)(a), (b), (c) or (d) of this section.

B. In addition to producing and distributing wine, a winery established under this section may:

1. Market and sell wine produced in conjunction with the winery.

2. Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:

a. Wine tastings in a tasting room or other location on the premises occupied by the winery;

b. Wine club activities;

c. Winemaker luncheons and dinners;

d. Winery and vineyard tours;

e. Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;

f. Winery staff activities;

g. Open house promotions of wine produced in conjunction with the winery; and

h. Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery.

3. Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to on-site retail sale of wine, including food and beverages:

a. Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

b. Served in conjunction with an activity authorized by subsection (B)(2), (4) or (5) of this section.

4. Carry out agri-tourism or other commercial events on the tract occupied by the winery subject to subsections (E) and (F) of this section.

5. Host charitable activities for which the winery does not charge a facility rental fee.

C. A winery may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in subsection (B)(3) of this section. Food and beverage services authorized under subsection (B)(3) of this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

D. The gross income of the winery from the sale of incidental items or services provided pursuant to subsections (B)(3) to (5) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. The gross income of a winery does not include income received by third parties unaffiliated with the winery. At the request of the planning director, the winery shall submit a written statement that is prepared by a certified public accountant and certifies the compliance of the winery with this section for the previous tax year.

E. A winery may carry out up to 18 days of agri-tourism or other commercial events annually on the tract occupied by the winery, subject to the following:

1. Events on the first six days of the 18-day limit per calendar year shall be authorized through the issuance of a renewable multi-year license that has a term of five years and is subject to an administrative review to determine necessary conditions pursuant to subsection (F) of this section. The license described in this section is not a land use decision, as defined in ORS 197.015, and is not subject to review by the Land Use Board of Appeals and is not a permit, as defined in ORS 215.402 or 227.160.

2. Events on days seven through 18 of the 18-day limit per calendar year shall be authorized by the local government through the issuance of a renewable multi-year permit that has a term of five years, is subject to an administrative review to determine necessary conditions pursuant to subsection (F) of this section, and is subject to notice as specified in ORS 215.416(11) or 227.175(10). The permit described in this section is a land use decision, as defined in ORS 197.015, and is subject to review by the Land Use Board of Appeals and is a permit, as defined in ORS 215.402 or 227.160.

F. As necessary to ensure that agri-tourism or other commercial events on a tract occupied by a winery are subordinate to the production and sale of wine and do not create significant adverse impacts to uses on surrounding land, the local government may impose conditions on a license or permit issued pursuant to subsection (E) of this section related to:

1. The number of event attendees;

2. The hours of event operation;

3. Access and parking;

4. Traffic management;

5. Noise management; and

6. Sanitation and solid waste.

G. A winery operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.

H. Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsection (A) of this section have been planted or that the contract has been executed, as applicable.

I. Standards imposed on the siting of a winery shall be limited solely to each of the following for the sole purpose of limiting demonstrated conflicts with accepted farming or forest practices on adjacent lands:

1. Establishment of a setback of at least 100 feet from all property lines for the winery and all public gathering places unless the local government grants an adjustment or variance allowing a setback of less than 100 feet; and

2. Provision of direct road access and internal circulation.

J. In addition, the following apply to any permitted winery request:

1. Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

2. Regulations of general applicability for the public health and safety; and

3. Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.

K. When a bed and breakfast facility is sited as a home occupation on the same tract as a winery established under this section and in association with the winery:

1. The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

2. The meals may be served at the bed and breakfast facility or at the winery.

L. As used in this section:

1. “Agri-tourism or other commercial events” includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event.

2. “On-site retail sale” includes the retail sale of wine in person at the winery site, through a wine club or over the Internet or telephone. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1326 § 4 (Exh. A), 2012.]

17.125.035 Large winery.

A large winery may be established in the EFU, SA or FT zones subject to the following criteria:

A. The winery owns and is sited on a tract of 80 acres or more, at least 50 acres of which is a vineyard;

B. The winery owns at least 80 additional acres of planted vineyards in Oregon that need not be contiguous to the acreage described in subsection (A) of this section; and

C. The winery has produced annually, at the same or a different location, at least 150,000 gallons of wine in at least three of the five calendar years before the winery is established under this section.

D. In addition to producing and distributing wine, a winery described in subsections (A) through (C) of this section may:

1. Market and sell wine produced in conjunction with the winery;

2. Conduct operations that are directly related to the sale or marketing of wine produced in conjunction with the winery, including:

a. Wine tastings in a tasting room or other location on the premises occupied by the winery;

b. Wine club activities;

c. Winemaker luncheons and dinners;

d. Winery and vineyard tours;

e. Meetings or business activities with winery suppliers, distributors, wholesale customers and wine-industry members;

f. Winery staff activities;

g. Open house promotions of wine produced in conjunction with the winery; and

h. Similar activities conducted for the primary purpose of promoting wine produced in conjunction with the winery;

3. Market and sell items directly related to the sale or promotion of wine produced in conjunction with the winery, the marketing and sale of which is incidental to retail sale of wine on site, including food and beverages:

a. Required to be made available in conjunction with the consumption of wine on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

b. Served in conjunction with an activity authorized by subsection (D)(2)(b), (d) or (e) of this section;

4. Provide services, including agri-tourism or other commercial events, hosted by the winery or patrons of the winery, at which wine produced in conjunction with the winery is featured, that:

a. Are directly related to the sale or promotion of wine produced in conjunction with the winery;

b. Are incidental to the retail sale of wine on site; and

c. Are limited to 25 days or fewer in a calendar year; and

5. Host charitable activities for which the winery does not charge a facility rental fee.

E. The gross income of the winery from the sale of incidental items pursuant to subsection (D)(3) of this section and services provided pursuant to subsection (D)(4) of this section may not exceed 25 percent of the gross income from the on-site retail sale of wine produced in conjunction with the winery. At the request of the planning director, the winery shall submit to the local government a written statement, prepared by a certified public accountant, that certifies compliance with this section for the previous tax year.

F. A winery operating under this section:

1. Shall provide parking for all activities or uses of the lot, parcel or tract on which the winery is established.

2. May operate a restaurant, as defined in ORS 624.010, in which food is prepared for consumption on the premises of the winery.

G. A winery shall obtain a permit from the local government if the winery operates a restaurant that is open to the public for more than 25 days in a calendar year or provides for agri-tourism or other commercial events authorized under subsection (D)(4) of this section occurring on more than 25 days in a calendar year. In addition to any other requirements, a local government may approve a permit if the local government finds that the authorized activity:

1. Complies with the standards described in ORS 215.296;

2. Is incidental and subordinate to the retail sale of wine produced in conjunction with the winery; and

3. Does not materially alter the stability of the land use pattern in the area.

4. If the local government issues a permit for agri-tourism or other commercial events, the local government shall review the permit at least once every five years and, if appropriate, may renew the permit.

H. A person may not have a substantial ownership interest in more than one winery operating a restaurant under this section.

I. Prior to the issuance of a permit to establish a winery under this section, the applicant shall show that vineyards described in subsections (A), (B), and (C) of this section have been planted.

J. A winery operating under this section shall:

1. Be set back at least 100 feet from all property lines for the winery and all public gathering places; and

2. Provide for direct road access and internal circulation.

K. A local government shall apply:

1. Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

2. Regulations for the public health and safety; and

3. Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.

L. The local government may authorize a winery described in subsections (A), (B) and (C) of this section to sell or deliver items or provide services not described in subsections (D)(3), (D)(4), or (E) of this section for a commercial activity in conjunction with farm use under ORS 215.213(2)(c) or 215.283(2)(a) or under other provisions of law.

M. A local government may issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government issued permits to wineries operating under this section in similar circumstances before August 2, 2011. A local government may not issue a permit for a winery operating under this section to host outdoor concerts for which admission is charged, facility rentals or celebratory events if the local government did not issue permits to wineries operating under this section in similar circumstances before August 2, 2011.

N. When a bed and breakfast facility is sited as a home occupation on the same tract as a winery established under this section and in association with the winery:

1. The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

2. The meals may be served at the bed and breakfast facility or at the winery.

O. As used in this section:

1. “Agri-tourism or other commercial events” includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of wine produced in conjunction with the winery is a secondary purpose of the event.

2. “On-site retail sale” includes the retail sale of wine in person at the winery site, through a wine club or over the Internet or telephone. [Ord. 1369 § 4 (Exh. B), 2016.]

17.125.050 Mobile home on a lot in the RS zone.

A single-family mobile home on a lot in the RS zone shall meet the following use and development standards. The mobile home shall:

A. Be manufactured after June 15, 1976, and exhibit the U.S. Housing and Urban Development Department (HUD) certification label pursuant to OAR 918-500-450(2); and

B. Be multi-sectional (double-wide or larger) and enclose a space of not less than 1,000 square feet; and

C. Have a pitched roof with a minimum nominal height of three feet for each 12 feet in width; and

D. Be placed on an excavated and backfilled foundation enclosed at the perimeter; and

E. Have a garage or carport for at least one vehicle located on the same lot; and

F. Vertical rolled goods siding is not allowed; and

G. Have an exterior thermal envelope meeting performance standards which reduce heat loss to levels equivalent to the performance standards required of single-family dwellings constructed under the State Building Code as defined in ORS 455.010. Evidence demonstrating that the mobile home meets “Super Good Cents” energy efficiency standards is deemed to satisfy the exterior thermal envelope requirement. Additional evidence shall not be required. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 963 § 4, 1994; Ord. 516 § 2, 1978. RZ Ord. § 125.050.]

17.125.060 Fuel oil distribution firms.

A fuel oil distribution firm shall meet the following use and development standards:

A. All fuel oil and motor fuels are stored in an underground location.

B. All vehicles of the firm which are parked overnight on the premises are kept wholly within a completely enclosed building.

C. All driveways, parking and boarding areas are paved with asphalt or concrete surfacing and are adequately graded and drained.

D. The storage of all merchandise, materials, equipment and accessories is consistently and continuously maintained wholly within a completely enclosed building.

E. The sales and services of any furnaces may be conducted only as an incidental and secondary use, provided further that there is no sheet metal shop operated in connection therewith.

F. That there be a yard three feet in depth adjacent to any residential zone, which yard shall be contained with a compact evergreen hedge, planted with materials at least three feet in height and which shall be capable of attaining a height of at least six feet, which hedge shall be maintained in a neat condition. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1191 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.060.]

17.125.070 Mobile home towing service office.

A mobile home towing service office shall meet the following use and development standards:

A. Mobile home towing service, office and overnight stopover point permitted; provided, that not more than four mobile homes and/or the towing tractors remain for more than 48 hours at any one time on the site;

B. All portions of the property which are to be used for the parking of automobiles and trucks and mobile homes are paved;

C. A permit and approval has been obtained from the Marion County director of public works regarding the number, size of driveways and the direction of ingress and egress to each driveway;

D. No mobile home or trailer is stored for any purpose on this site;

E. The office may be a mobile unit provided that said mobile unit meets the requirements of the county building official, that there be no operation of this activity during darkness or movement of units on holidays and weekends, that there will be no repair or service of trucks on this property; and

F. There will be no repair or service of trailers or mobile homes on this site. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.070.]

17.125.080 Retail building materials sales firm.

A retail building materials sales firm shall meet the following use and development standards:

A. All sales are at retail to the general public.

B. All activities, including storage, are conducted wholly within an enclosed building.

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

D. All parking and loading areas are paved with an asphaltic or comparable surface.

E. All parking, loading and yard areas are continuously maintained in a neat and clean manner.

F. Storage of merchandise or warehousing of merchandise is limited to that amount and kind which will be sold through the retail sales at the site of such storage.

G. Provided, that the county building official issues a final inspection prior to use of the building and site, after determining that the conditions set forth herein are fully satisfied. In the event such conditions are not continuously met, the use shall be subject to revocation and enforcement action. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1191 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.080.]

17.125.100 Limited home occupations.

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

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

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

C. No sign shall be displayed on the premises except such signs as are allowed in Chapter 17.191 MCC for the zone in which the home occupation is located.

D. The home occupation shall be conducted entirely within the dwelling or any attached garage.

E. The total floor area devoted to a home occupation shall not exceed 800 square feet.

F. No structural alterations shall be made to the dwelling or attached garage that would be inconsistent with future use of the building exclusively as a dwelling.

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

H. No visits by suppliers shall occur.

I. Customers coming to the property shall be limited to the hours of 8:00 a.m. through 8:00 p.m.

J. Retail and wholesale sales that do not involve customers coming to the property, such as Internet, telephone or mail order off-site sales, and incidental sales related to the home occupation services being provided are allowed. No other sales are permitted as, or in conjunction with, a home occupation.

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

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

M. There shall be no more than one commercial vehicle located on the property in conjunction with the home occupation. [Ord. 1369 § 4 (Exh. B), 2016; Ord. 1330 § 4 (Exh. A), 2013; Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.100.]

17.125.110 Wireless communications facilities, attached.

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

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

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

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

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

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

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

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

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

B. Notwithstanding other height limitations in this title, omni-directional (whip) antennas not exceeding 20 feet in height and directional/parabolic antennas not exceeding seven feet in diameter or width and 15 feet in height may be attached or located on existing structures.

C. Antennas and associated equipment enclosures shall be surfaced in a nonreflective color or screened to match the structure on which it is located. An equipment enclosure may be set back from the edge of a roof by a distance at least equal to its height in lieu of screening.

D. Equipment enclosures shall be located within the building or structure on which they are located wherever possible; otherwise, equipment enclosures in residential zones and the AR, CC and C zones shall be screened by a sight-obscuring fence, wall or hedge of equal or greater height than the equipment enclosure.

E. A wireless communications facility, attached, and equipment enclosures shall be removed by the facility owner or property owner within six months of the date it ceases to be operational.

F. Antennas shall not be illuminated except as required by the Oregon State Aeronautics Division or the Federal Aviation Administration.

G. In residential zones and the AR zone a wireless communications facility, attached, shall not be attached to buildings which are designed or used for single-family residential use or as residential accessory structures.

H. Wireless communications facility, attached, when not located on an existing lattice tower, monopole or guyed tower, shall be located and screened to minimize views from existing dwellings and public rights-of-way in a manner that is architecturally compatible with the building or structure on which it is located. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1191 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.110.]

17.125.120 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, the location of existing structures, trees, and other significant site features, type and locations of proposed screening, and the proposed color(s) for the wireless communications facility and equipment enclosure.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

B. Notwithstanding other height limitations in this title all lattice, monopole, guyed or other freestanding support structures shall be limited to a total height, including antennas, of 150 feet above natural grade.

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

D. The wireless communications facility including equipment enclosures shall be fenced by a six-foot-high fence, wall or hedge.

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

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

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

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

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

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

J. Lattice, monopole, guyed or other freestanding support structure and equipment enclosure shall be removed by the facility owner or property owner within six months of the date it ceases to be operational. [Ord. 1271 § 5, 2008; Ord. 1204 § 4, 2004; Ord. 1191 § 4, 2004; Ord. 1168 § 5, 2002; Ord. 1055 § 4, 1996; Ord. 516 § 2, 1978. RZ Ord. § 125.120.]

17.125.130 Single agri-tourism or other commercial activity or event.

A farming operation may obtain a permit for a single agri-tourism or other commercial activity in a calendar year, subject to the following requirements:

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

B. The event or activity may not begin before 6:00 a.m. or end after 10:00 p.m.;

C. The event or activity may not involve more than 100 attendees or 50 vehicles;

D. Sound amplification may not be used before 8:00 a.m. or after 8:00 p.m.;

E. The event or activity may not involve the construction or use of new permanent structure;

F. The event or activity must be located on a tract of at least 10 acres unless the owner or residents of adjoining properties consent in writing to the location;

G. The event or activity must comply with all health and fire and life safety requirements;

H. Any event or activity is personal to the applicant and is not transferable; and

I. The applicant and property owner shall sign an agreement that acknowledges the requirements of this section. [Ord. 1330 § 4 (Exh. A), 2013.]

17.125.140 Cider business. Revised 3/19

A cider business may be established in the EFU, SA or FT zones subject to the following criteria:

A. As used in this section:

1. “Agri-tourism or other commercial events” includes outdoor concerts for which admission is charged, educational, cultural, health or lifestyle events, facility rentals, celebratory gatherings and other events at which the promotion of cider produced in conjunction with the cider business is a secondary purpose of the event.

2. “Cider” means an alcoholic beverage made from the fermentation of the juice of apples or pears. “Cider” includes but is not limited to flavored cider, sparkling cider and carbonated cider.

3. “Cider business” means a facility used primarily for the commercial production, shipping and distribution, wholesale or retail sales, tasting, crushing, making, blending, storage, bottling, administrative functions or warehousing of cider.

4. “Cidermaker” means a person who makes cider.

5. “On-site retail sale” includes the retail sale of cider in person at the cider business site, through a cider club or over the Internet or telephone.

6. “Orchard” means a piece of land planted with apple or pear trees.

B. A cider business may be established if the cider business produces:

1. Less than 100,000 gallons of cider annually and the cider business:

a  Owns an on-site orchard of at least 15 acres;

b. Owns a contiguous orchard of at least 15 acres;

c. Has a long-term contract for the purchase of all of the apples or pears from at least 15 acres of an orchard contiguous to the cider business; or

d. Obtains apples or pears from any combination of subsection (B)(1)(a), (b), or (c) of this section; or

2. At least 100,000 gallons of cider annually and the cider business:

a. Owns an on-site orchard of at least 40 acres;

b. Owns a contiguous orchard of at least 40 acres;

c. Has a long-term contract for the purchase of all of the apples or pears from at least 40 acres of an orchard contiguous to the cider business;

d. Owns an on-site orchard of at least 15 acres on a tract of at least 40 acres and owns at least 40 additional acres of orchards in Oregon that are located within 15 miles of the cider business site; or

e. Obtains apples or pears from any combination of subsection (B)(2)(a), (b), or (c) of this section.

C. In addition to any other activities authorized for a cider business, a cider business established under this section may:

1. Market cider produced in conjunction with the cider business.

2. Conduct operations that are directly related to the sale or marketing of cider produced in conjunction with the cider business, including:

a. Cider tastings in a tasting room or other location on the premises occupied by the cider business;

b. Cider club activities;

c. Cidermaker luncheons and dinners;

d. Cider business and orchard tours;

e. Meetings or business activities with cider business suppliers, distributors, wholesale customers and cider industry members;

f. Cider business staff activities;

g. Open house promotions of cider produced in conjunction with the cider business; and

h. Similar activities conducted for the primary purpose of promoting cider produced in conjunction with the cider business.

3. Market and sell items directly related to the sale or promotion of cider produced in conjunction with the cider business, the marketing and sale of which are incidental to on-site retail sale of cider, including food and beverages:

a. Required to be made available in conjunction with the consumption of cider on the premises by the Liquor Control Act or rules adopted under the Liquor Control Act; or

b. Served in conjunction with an activity authorized by subsection (C)(2), (4) or (5) of this section.

4. Carry out agri-tourism or other commercial events on the tract occupied by the cider business as provided for below.

5. Host charitable activities for which the cider business does not charge a facility rental fee.

6. Site a bed and breakfast as a home occupation on the same tract, and in association, with the cider business.

a. The bed and breakfast facility may prepare and serve two meals per day to the registered guests of the bed and breakfast facility; and

b. The meals may be served at the bed and breakfast facility or at the cider business.

D. A cider business may include on-site kitchen facilities licensed by the Oregon Health Authority under ORS 624.010 to 624.121 for the preparation of food and beverages described in this section. Food and beverage services authorized under this section may not utilize menu options or meal services that cause the kitchen facilities to function as a cafe or other dining establishment open to the public.

E. The gross income of the cider business from the sale of incidental items or services provided pursuant to subsections (C)(3) to (5) of this section may not exceed 25 percent of the gross income from the on-site retail sale of cider produced in conjunction with the cider business. The gross income of a cider business does not include income received by third parties unaffiliated with the cider business. At the request of the county, the cider business shall submit to the local government a written statement prepared by a certified public accountant that certifies the compliance of the cider business with this subsection for the previous tax year.

F. A cider business may carry out agri-tourism or other commercial events as provided for below:·

1. Events on the first six days of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multi-year license that:

a. Has a term of five years; and

b. Is subject to an administrative review to determine necessary conditions pursuant to subsection (H) of this section.

2. The local government’s decision on a license under subsection (F)(1) of this subsection is not:

a. A land use decision, as defined in ORS 197.015, and is not subject to review by the Land Use Board of Appeals.

b. A permit, as defined in ORS 215.402 or 227.160.

3. Events on days seven through 18 of the 18-day limit per calendar year are authorized by the local government through the issuance of a renewable multi-year permit that:

a. Has a term of five years;

b. Is subject to an administrative review to determine necessary conditions pursuant to subsection (G) of this section; and

c. Is subject to notice as specified in ORS 215.416(11) or 227.175(10).

4. The local government’s decision on a permit under subsection (F)(3) of this section is:

a. A land use decision, as defined in ORS 197.015, and is subject to review by the Land Use Board of Appeals.

b. A permit, as defined in ORS 215.402 or 227.160.

G. Agri-tourism or other commercial events occurring as described in this section shall be subordinate to the production and sale of cider and not create significant adverse impacts to uses on surrounding land. The county may impose conditions on a license or permit issued for agri-tourism or other commercial events to ensure events do not create significant adverse impacts to uses. The conditions must be related to:

1. The number of event attendees;

2. The hours of event operation;

3. Access and parking;

4. Traffic management;

5. Noise management; and

6. Sanitation and solid waste.

H. A cider business operating under this section shall provide parking for all activities or uses of the lot, parcel or tract on which the cider business is situated.

I. The cider business shall comply with:

1. Local criteria regarding floodplains, geologic hazards, the Willamette River Greenway, solar access and airport safety;

2. Regulations of general applicability for the public health and safety; and

3. Regulations for resource protection acknowledged to comply with any statewide goal respecting open spaces, scenic and historic areas and natural resources.

J. For the purpose of limiting demonstrated conflicts with accepted farm and forest practices on adjacent lands, the cider business and all public gathering places shall be set back at least 100 feet from all property lines. The cider businesses shall provide direct road access and internal circulation for the cider business and all public gathering places. The setback may be reduced if it is determined, concurrently with any land use application or as provided in Chapter 17.116 MCC, that a lesser setback will meet the following review criteria:

1. The location of the site will have the least impact on nearby or adjoining forest or agricultural lands.

2. The location of the site ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized.

3. The amount of agricultural and forestlands used to site access roads, service corridors, and structures is minimized.

4. The risks associated with wildfire are minimized. [Ord. 1397 § 4 (Exh. B), 2019.]