Chapter 19.66A
MINERAL AND AGGREGATE RESOURCE ZONE (MARZ)
Sections:
19.66A.050 Placing land within the mineral and aggregate resource zone.
19.66A.060 Special multi-agency review conference.
19.66A.080 General property development standards.
19.66A.010 Purpose.
The purpose of this zone is to implement the objectives of Josephine County comprehensive plan Goal 7, Policy 1, regarding the mining of significant mineral and aggregate resources within Josephine County. Lands that have been designated as a significant mineral or aggregate site and approved for mining pursuant to the requirements of OAR 660-023-0180 (Mineral and Aggregate Resources) must be placed within the MARZ. Significant aggregate sites located within the farm zones that qualify for review using conditional use procedures shall not be placed in the MARZ. [Ord. 2006-002 § 1(2); 2005 RLDC § 66.110.]
19.66A.020 Outright uses.
The following uses shall be allowed outright on lands in the MARZ. No permit or authorization is required to conduct these uses. Structures placed in conjunction with outright uses shall be permitted using ministerial review procedures (Chapter 19.22 JCC), be subject to the applicable development standards of JCC 19.66A.080, and require a development permit (Chapter 19.41 JCC) for final approval.
A. Agriculture, farming, and related farm use, as defined in ORS 215.203;
B. Conservation and management of fish and wildlife resources;
C. Fish and wildlife habitat enhancement;
D. Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvest of forest tree species, application of chemicals, and the disposal of slash where such uses pertain to commercial forest activity:
1. If the volume of wood exceeds eight commercial truck loads per day, any access road, service road, or unpaved public road, while used for log hauling, shall receive daily dust abatement or shall be treated with an oil surfacing by the operator, for a distance of 500 feet from a surfaced road or highway or residence located on adjoining property;
2. If more than one commercial log-hauling operation uses the road for log hauling purposes, all operators shall be jointly responsible for dust abatement as previously described;
E. Temporary on-site structures and physical alterations to the land which are auxiliary to and used during the term of a particular forest operation or practice. Alterations include but are not limited to those made for the purposes of mineral exploration, mining, gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities.
1. For the purposes of this subsection, “auxiliary” means a use or alteration of a structure or land which provides help or is directly associated with the conduct of a particular forest practice. An auxiliary structure is located on site, is temporary in nature, and is not designed to remain for the forest’s entire growth cycle. An auxiliary structure is removed when a particular forest practice has concluded;
F. The creation of, restoration of or enhancement of wetlands;
G. Uses to conserve soil, air and water quality and watershed management. [Ord. 2006-002 § 1(2); 2005 RLDC § 66.120.]
19.66A.030 Permitted uses.
The following uses, with accessory uses, shall be permitted using ministerial review procedures (Chapter 19.22 JCC), unless site plan review is required (Chapter 19.42 JCC), in which case uses shall be permitted using quasi-judicial review procedures (Chapter 19.22 JCC). Uses shall also meet the applicable development standards listed in JCC 19.66A.080. In all cases except farm uses, a development permit shall be required for final approval (Chapter 19.41 JCC).
A. Exploration for mineral and aggregate resources as defined in ORS Chapter 517;
B. Mining and processing of mineral and aggregate resources subject to the conditions under which mining is permitted in the MARZ approval, or the special property development standards contained in JCC 19.91.030 (Special property development standards for aggregate operations);
C. Private hunting and fishing operations without any lodging accommodations;
D. Single-family dwellings (legal dwellings existing at the time the land is zoned in the MARZ only);
E. Temporary, portable facilities for the primary processing of forest products;
F. Uninhabitable structures accessory to fish and wildlife enhancement;
G. Water intake facilities, canals and distribution lines for farm irrigation and ponds. [Ord. 2006-002 § 1(2); 2005 RLDC § 66.130.]
19.66A.040 Conditional uses.
The following uses, with accessory uses, shall be authorized using quasi-judicial review procedures (Chapter 19.22 JCC), subject to the requirements for conditional uses (Chapter 19.45 JCC) and site plan review (Chapter 19.42 JCC). All uses shall also meet the applicable development standards listed in JCC 19.66A.080. A development permit (Chapter 19.41 JCC) shall be required for final approval.
A. Caretaker’s or night watchman’s manufactured dwelling when used in conjunction with the uses listed in JCC 19.66A.020 (Outright uses), 19.66A.030 (Permitted uses) and this section;
B. Cement and asphalt batching, rock processing and crushing (requested independently of a mining operation approved under JCC 19.66A.050, and subject to the special property development standards for aggregate operations specified in JCC 19.91.030);
C. Kennels (conditional use – type 1 fee);
D. Home occupation (in conjunction with existing legal single-family dwelling only);
E. Log scaling and weigh stations;
F. Permanent facility for the primary processing of forest products;
G. Personal use landing strips used in conjunction with a use permitted by this section;
H. Propagation, cultivation, maintenance and harvesting of aquatic species;
I. Public and private utilities;
J. Solid waste disposal at site approved by the governing body of the County and for which a permit has been granted under ORS 459.245 by the Department of Environmental Quality together with equipment, facilities or buildings necessary for its operation. [Ord. 2022-001 § 1; Ord. 2006-002 § 1(2); 2005 RLDC § 66.140.]
19.66A.050 Placing land within the mineral and aggregate resource zone.
Only lands that are determined to be a significant mineral and aggregate site (including on-site buffer areas in the control of the mine operator or owner), and which have been authorized for mining pursuant to OAR 660-023-0180 (Mineral and Aggregate Resources) shall be placed within the MARZ. Significant aggregate sites approved within farm zones because the material to be mined is 500,000 tons or less shall not be placed in the MARZ. An application to designate lands within the MARZ shall meet the following requirements:
A. Application Requirements. An application to amend the comprehensive plan and zone maps shall be submitted with the required fees. The application content shall comply with JCC 19.46.020 (Plan amendment application requirements) and with OAR 660-023-0180 (post-acknowledgment plan amendment application requirements). The application shall demonstrate compliance with the criteria contained in JCC 19.45.030 (Review standards and criteria) and OAR 660-023-0180 (definition of significant site; impact area conflict minimization/resolution; limitation of new conflicting uses).
B. Impact Area Agreement. In addition to the application requirements specified in subsection (A) of this section, the application shall include an impact area agreement (IAA), if possible. The IAA, at a minimum, shall:
1. Establish an impact area that complies with the requirements of OAR 660-023-0180.
2. Describe the existing and potential uses within the impact area that will be adversely affected by proposed mining operations consistent with OAR 660-023-0180.
3. Contain agreed-upon measures that are designed to minimize conflicts between the proposed mining operation and existing uses within the impact area.
4. Contain an agreement about whether new conflicting uses will be allowed, limited or prevented, and how this will be accomplished.
5. Contain an agreed-upon list of operational standards for the mining operation. The standards may be the same or different from those contained in JCC 19.91.030 (Special property development standards for aggregate operations), but they shall not conflict with the requirements of OAR 660-023-0180.
6. Contain an agreed-upon post-mining use of the site that complies with OAR 660-0230-0180.
7. Contain a process for modifying the agreement and/or resolving questions about the meaning or performance of the agreement.
8. Specify the duration of the agreement.
9. The IAA shall be binding between the operator and all property owners within the impact area who sign the agreement. As between the aggregate operator and property owners within the impact area who do not sign the agreement, the operation shall be subject to the provisions of JCC 19.72.040(A) (Significant Mineral and Aggregate Site Setback Area), 19.91.030 (Special property development standards for aggregate operations), and provisions for limiting or preventing new conflicting uses within the impact area adopted in compliance with OAR 660-023-0180. When less than all of the impact area property owners sign the agreement, and a conflict exists between the standards specified in the IAA and the standards required by JCC 19.72.040(A) and 19.91.030, and it is not possible to perform both standards, the standards required by this subsection shall be performed.
10. The IAA shall not replace the County’s responsibility to address requirements to minimize conflicts or evaluate ESEE consequence for existing or new uses as required by OAR 660-023-0180. Nevertheless, the County Review Body may consider the IAA in performing its minimization and ESEE responsibilities and give the document the weight it deems appropriate. The terms and conditions from the IAA may be incorporated in the County’s findings and decision to allow, limit or not allow mining.
11. The IAA may be submitted with the application to mine or any time within 30 days after a completed application is accepted by the County.
C. Failure to Obtain an Impact Area Agreement. If the mine operator is unable to enter into an impact area agreement with any of the property owners within the impact area, documentation of the operator’s efforts to reach such an agreement shall be submitted to the Planning Director with the application or within 30 days from the time when a completed application is accepted by the County. The documentation shall include:
1. Copies of certified mail receipts to all impact area property owners showing the arrangement of at least three meetings between the mine operator and impact area property owners; and
2. Copies of written or recorded minutes from the meetings described in subsection (C)(1) of this section, together with a written itemization of the time, date, location, and list of attendees. The minutes shall accurately represent the discussion and shall document any issues raised by parties and any response to these issues; and
3. The Review Body may require a written report by an independent and qualified professional mediator setting forth the history of the meetings and other relevant communications between the participants, to include an explanation and analysis of the unresolved issues.
D. Significant Riparian Corridors. Mining proposals considered under this section shall demonstrate that all conflicts with acknowledged significant riparian corridors have been minimized or resolved by an ESEE analysis. In addition to the notice requirements otherwise required by Divisions II and IV of this title, written notice shall be given to the Oregon Departments of Geology and Mineral Industries (DOGAMI), Division of State Lands (DSL), Environmental Quality (DEQ) and Fish and Wildlife (ODFW) for mining proposals that will impact an acknowledged significant riparian corridor. [Ord. 2006-002 § 1(2); 2005 RLDC § 66.150.]
19.66A.060 Special multi-agency review conference.
In addition to the requirements for a pre-application review contained in Chapter 19.21 JCC, the applicant is encouraged to hold a conference with the planning office and DOGAMI, DSL, DEQ and ODFW to determine the scope of issues, the need for any special studies (such as archaeological surveys, sensitive species inventories, or a channel stability analysis), and coordination of the application between involved agencies regarding the application. A goal of this conference is to minimize the applicant’s expense during the initial County approval process while making all application materials available to affected state agencies. [Ord. 2006-002 § 1(2); 2005 RLDC § 66.160.]
19.66A.070 Site reclamation.
No mining operation authorized pursuant to this chapter shall commence without the operator furnishing to the Planning Director a copy of a DOGAMI operating permit and approved reclamation plan, or a certificate of exemption, issued pursuant to the requirements of ORS 517.750 through 517.900 (Reclamation of Mining Lands) and implementing administrative rules. The County shall defer to DOGAMI regarding all aspects of the reclamation plan and its administration. However, the reclamation plan shall be substantially consistent with the conceptual reclamation plan presented to the County during the application process to comply with OAR 660-023-0180 (Mineral and Aggregate Resources). For these reasons the applicant is encouraged to make concurrent applications with the County and DOGAMI. [Ord. 2006-002 § 1(2); 2005 RLDC § 66.170.]
19.66A.080 General 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. Variances – Chapter 19.44 JCC.
8. Conditional uses – Chapter 19.45 JCC.
B. Property Development Standards.
1. Access – See Chapter 19.81 JCC.
2. Aggregate standards – See Chapter 19.91 JCC.
3. Deer overlay – See Chapter 19.69B JCC.
4. Erosion and sediment control – See Chapter 19.83 JCC.
5. Flood hazard overlay – See Chapter 19.69A JCC.
6. Minimum lot size – No requirement.
7. Parking – See Chapter 19.75 JCC.
8. Setback requirements – See JCC 19.72.040.
9. Utilities – See Chapter 19.85 JCC.
10. Water standards – See Chapter 19.84 JCC. [Ord. 2006-002 § 1(2); 2005 RLDC § 66.180.]