Chapter 19.101A
COMMUNITY RESIDENTIAL ZONE

Sections:

19.101A.010    Purpose.

19.101A.020    Permitted uses.

19.101A.030    Conditional uses.

19.101A.040    Temporary uses.

19.101A.050    Special standards for the keeping of animals.

19.101A.060    Permit review and property development standards.

19.101A.010 Purpose.

The purpose of the community residential zone is to authorize residential uses, residential accessory uses, conditional uses and temporary uses at locations, densities and under conditions that are consistent with the development requirements for unincorporated rural community planning. The community residential zone shall provide residential zoning classifications for lands already zoned and committed to rural residential development at the time this zone is implemented.

The community residential zone shall designate two zoning categories based upon the density permitted by the division and development within these categories. The first category shall be known as the community residential – two-acre zone. All lands zoned for rural residential – one acre and two and one-half acre by the Josephine County comprehensive plan prior to the establishment of the MNVC plan shall be included in this category. The second category shall be known as the community residential – five-acre zone. All lands zoned for rural residential – five-acre by the Josephine County comprehensive plan prior to the establishment of the MNVC plan shall be included in this category. [2005 RLDC § 101.110.]

19.101A.020 Permitted uses.

The following uses, with accessory uses and structures, shall be permitted using ministerial review procedures (Chapter 19.22 JCC). All uses shall also meet the applicable development standards listed in JCC 19.101A.060. In all cases, a development permit (Chapter 19.41 JCC) is required as final permit approval.

A. One single-family dwelling per authorized lot, to include noncommercial accessory structures, developments and uses normally occurring with dwellings, subject to the following:

1. Accessory structures, developments and uses may be used for business purposes only when authorized by a home occupation permit (Chapter 19.92 JCC) or exempted from the definition of home occupation (JCC 19.11.100).

B. Farm and/or forest uses, to include product stands, when all of the products are produced and used or sold on the property, but shall be subordinate to all other permitted and conditional uses listed in this zone. See also JCC 19.101A.050 regarding the keeping of animals.

C. Family day-care provider operating from a single-family dwelling and caring for fewer than 13 children, including children of the care provider, regardless of full-time or part-time status.

D. One residential care home or facility per authorized lot.

E. Boarding house. [Ord. 2018-003 § 1; 2005 RLDC § 101.120.]

19.101A.030 Conditional uses.

The following uses, with accessory uses, shall be authorized using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for conditional uses (Chapter 19.45 JCC), and site plan review if required (Chapter 19.42 JCC). All uses shall also meet the applicable development standards listed in JCC 19.101A.060. A development permit (Chapter 19.41 JCC) shall be required as the final permit approval.

A. Campground subject to Chapter 19.98 JCC.

B. Cemetery.

C. Church when applicable review standards and criteria are qualified as follows:

1. A church shall be allowed the reasonable use of the site for all activities customarily associated with the practices of the religious activity, including worship services, religion classes, weddings, funerals, child-care and meal programs, but not including private or parochial school education for prekindergarten through grade 12 or higher education unless the educational uses are authorized separately by another provision in this title; and

2. The Review Body may subject church uses to reasonable regulations, including site review or design criteria concerning the physical characteristics of the uses only, or may prohibit or restrict the use of the site if it finds the level of service of public facilities, including transportation, water supply, sewer and storm drain systems, is not adequate to serve the uses.

D. Home occupations subject to Chapter 19.92 JCC.

E. Parks, playgrounds and community centers.

F. Public and semi-public service centers and facilities.

G. Real estate tract sales office subject to the following standards:

1. The office is located in a residential subdivision or planned unit development and all business conducted there is strictly limited to the sale of lots platted within the same development; and

2. The office is removed or converted to an authorized use within 30 days after all lots within the same development are sold.

H. School, public or private, to include residential student housing subject to the following additional standards:

1. The housing is needed to minimize energy and transportation impacts resulting from student travel; or

2. The housing is needed because affordable student housing is not otherwise adequately available within the area; or

3. The housing is needed to accomplish other policies or requirements of this title.

I. Recreational vehicle park subject to Chapter 19.98 JCC.

J. Storage of up to four motor vehicles from which parts have not been removed and the vehicles are unlicensed or owned by individuals other than the resident or owner of the property. [2005 RLDC § 101.130.]

19.101A.040 Temporary uses.

The following uses, with accessory uses and structures, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), subject to temporary use requirements (Chapter 19.43 JCC). All uses shall meet the applicable development standards listed in JCC 19.101A.060. In all cases, a development permit (Chapter 19.41 JCC) shall be required as final permit approval.

A. Mass gatherings;

B. Medical hardship dwelling/detached living space;

C. Temporary storage of an unoccupied manufactured dwelling. [Ord. 2018-003 § 1; 2005 RLDC § 101.150.]

19.101A.050 Special standards for the keeping of animals.

The keeping of animals for both agricultural or nonagricultural purposes shall be fully subordinate and secondary to the residential uses authorized by this zone, and shall comply with the following specific requirements:

A. Kennels, as defined in JCC 19.11.130, are not allowed in the community residential zones;

B. The keeping of animals outside of residential structures shall not result in significant adverse impacts to surrounding properties;

C. Nondwelling structures used to house animals, excluding fenced pastures, shall be set back at least 50 feet from all property lines;

D. Pastured animals shall be completely contained within fences;

E. The keeping of animals shall meet and maintain all applicable permits and standards of the Oregon Departments of Agriculture and Environmental Quality;

F. The keeping of animals shall meet and maintain all applicable licenses and other regulations of the Josephine County Health Department. [2005 RLDC § 101.160.]

19.101A.060 Permit review and property development standards.

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

A. Permit Review Requirements.

1. Basic review provisions – Chapter 19.20 JCC.

2. Pre-application review – Chapter 19.21 JCC.

3. Permit review procedures – Chapter 19.22 JCC.

4. Basic application requirements – Chapter 19.40 JCC.

5. Administration of permits – Chapter 19.41 JCC.

6. Site plan review – Chapter 19.42 JCC.

7. Temporary uses – Chapter 19.43 JCC.

8. Variances – Chapter 19.44 JCC.

9. Conditional uses – Chapter 19.45 JCC.

B. Property Development Standards.

1. Minimum lot size:

a. CR-2: two acres.

b. CR-5: five acres.

2. Minimum lot width:

a. CR-2: 200 feet.

b. CR-5: 300 feet.

3. Lot dimensions – See Chapter 19.71 JCC.

4. Special requirements for land divisions, conditional uses, and developing nonconforming lots or parcels:

a. Land Divisions, Conditional Uses, and Development of Nonconforming Lots or Parcels. As a condition of final approval, the owner shall:

[1] Obtain a site approval for a subsurface sewage disposal system from the Oregon Department of Environmental Quality within each newly configured lot or developed site, or connect to a community sewer system; and

[2] The requirements of Chapter 19.84 JCC (Water Standards) shall apply to new subdivisions, partitions and the development of existing residential lots or parcels that are two acres or smaller in size. This requirement shall apply to all land divisions even though JCC 19.84.020(A) and (B) specify a one-acre threshold. Chapter 19.84 JCC shall apply to site plan review items that require more than 1,600 gallons of groundwater per day. The Water Resources Director or the Planning Director shall administer the requirements of Chapter 19.84 JCC. This requirement shall not apply if the water source is a community water system or the City of Grants Pass.

b. Merger of Nonconforming Lots or Parcels. When one or more nonconforming lots or parcels are involved in a single development, the nonconforming lots or parcels shall be merged with each other, and with other conforming lots or parcels also involved in the development, by property line adjustment or replat to the extent needed to achieve conformity or the least nonconformity possible. In addition, no variance to any setback standard shall be authorized to support development of nonconforming lots or parcels.

c. Water Service Agreement. Users receiving water service from the City of Grants Pass shall execute the documents required by the City for the provision of such service. The County shall assure performance of this requirement prior to final land use approval.

5. Building size, accessory heights, setbacks and yard dimensions shall conform to the provisions of Chapter 19.72 JCC, except:

a. Maximum structure height – 35 feet or two and one-half stories, whichever is less;

b. Minimum setback from property lines: Front: 30 feet; side: 10 feet; rear: 25 feet.

6. Access and transportation – See Chapter 19.81 JCC.

7. Aggregate overlay – See Chapters 19.69F and 19.91 JCC.

8. Airport overlay – See Chapter 19.69D JCC.

9. Archaeological resources – See Chapter 19.93 JCC.

10. Erosion and sediment control and storm drain facilities – See Chapter 19.83 JCC.

11. Fences, walls and screens – See Chapter 19.73 JCC.

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

13. Historic resources – See Chapter 19.94 JCC.

14. Mineral and aggregate overlay – See Chapter 19.69F JCC.

15. Parks and playgrounds – See Chapter 19.98 JCC.

16. Signs – See Chapter 19.74 JCC.

17. Solid waste and recycling – See Chapter 19.86 JCC.

18. Stream setbacks – See Chapter 19.72 JCC.

19. Utilities – See Chapter 19.85 JCC.

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

21. Water standards – See Chapter 19.84 JCC.

22. Wild and scenic rivers overlay – See Chapter 19.69C JCC. [2005 RLDC § 101.170.]