Chapter 19.72
HEIGHT, SETBACKS AND ACCESSORY STRUCTURES
Sections:
19.72.020 Structure height and setback requirements.
19.72.030 Special height requirements.
19.72.040 Special setback requirements.
19.72.060 Accessory structure standards.
19.72.010 Purpose.
The purpose of this chapter is to establish and maintain minimum requirements for accessory structures, for structure heights, and for setbacks from property lines in order to provide a measure of buffering between uses, ensure adequate privacy, maintain safe visibility at road intersections, ensure access to and around buildings, and to provide access to natural light, ventilation, and sunlight. [Amended by Planning Director, 10-28-16; 2005 RLDC § 72.010.]
19.72.020 Structure height and setback requirements.
A. The following minimum requirements shall be applied to all permitted, administrative, conditional, and accessory structures allowed by this title unless specified otherwise. Fences which meet the height requirements set forth in Chapter 19.73 JCC (Fences, Walls and Screens), utility poles, flagpoles, or irrigation system components are not considered structures in any location and development permits are not required. All requirements are specified in feet:
|
STRUCTURE |
SETBACK FROM PROPERTY LINE |
|||
|---|---|---|---|---|
|
ZONE |
HEIGHT |
FRONT |
SIDE |
REAR |
|
RR* |
35 |
30 |
10 |
25 |
|
RC** |
35 |
10 |
10 |
10 |
|
RI** |
35 |
10 |
10 |
10 |
|
EF* |
35 |
30 |
30 |
30 |
|
FR* |
35 |
30 |
30 |
30 |
|
FC* |
none |
30 |
30 |
30 |
|
WR* |
35 |
30 |
30 |
30 |
|
LD* |
35 |
30 |
30 |
30 |
|
AG |
none |
30 |
30 |
30 |
|
S* |
35 |
30 |
30 |
30 |
* The height restriction does not apply to agricultural buildings (See JCC 19.72.030(B)(3)).
** The setbacks may be reduced (see subsection (C) of this section) or by applying for a variance if needed.
B. The height of a building shall be measured using the definition in JCC 19.11.100.
C. The side and rear setback in a commercial or industrial zone may be reduced to zero feet when the side and rear property lines abut a commercial or industrial zone, provided any walls of a structure placed upon the side or rear lot line are constructed to meet the fire resistance requirements of the most current edition of the building codes.
D. In the aggregate resource zone, pipelines, landings, docks, bridges, hydroelectric facilities, and pumping or treatment facilities may be located closer than 30 feet to any property line.
E. In all zones except the commercial and industrial zones, all buildings shall be set back at least 60 feet from the centerline of any public street, road, right-of-way which is surveyed and established, and 30 feet from the described edge of private road easement. The Review Body may vary these standards where necessary for corner lots.
F. Decks, paved or concrete slabs, patios or walkways which are 30 inches or higher above grade shall comply with the setback requirements set out in Chapter 19.72 JCC; decks, paved or concrete slabs, patios or walkways which are lower than 30 inches above grade are exempted from yard setback requirements, but shall comply with the special stream setbacks in JCC 19.72.040(B). [Ord. 2018-003 § 1; Ord. 2017-001 § 1; amended by Planning Director, 10-28-16; 2005 RLDC § 72.020.]
19.72.030 Special height requirements.
A. The structures exempted from height requirements shall comply with the requirements in the wild and scenic rivers overlay, Chapter 19.69C JCC; the airport overlay, Chapter 19.69D JCC; and the requirements set out in Chapter 19.74 JCC.
B. The following may be erected above the height limits prescribed in JCC 19.72.020(A):
1. Roof structure for the housing of elevators, stairways, tanks, ventilating fans, and similar equipment required to operate and maintain a building;
2. Fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, radio masts, and T.V. antennas;
3. Agricultural buildings including barns and silos;
4. Wood waste burners, kiln drying racks, veneer dryers, lumber storage sheds, sorting sheds, sawmills, aeration towers, pollution control equipment, water reservoirs, incinerators, conveyors, hoppers, cooling towers, electrical transmission towers, structural dams, power generator plant, aircraft beacons, and air traffic control towers;
5. Other similar structures. [2005 RLDC § 72.030.]
19.72.040 Special setback requirements.
Special use and structure siting restrictions shall apply to development within the following protected areas:
A. Significant Mineral and Aggregate Site Setback Area. The following special setback rules apply to significant mineral and aggregate sites existing on the County’s acknowledged inventories as of April 18, 2001, unless different measures are established pursuant to OAR 660-023-0180 or an impact area agreement (IAA) that complies with the requirements of JCC 19.66A.050(B). In applying significant aggregate site setbacks, the following rules shall apply:
1. The setback area shall be 500 feet in all directions from the mining area. This setback area shall apply only to significant mineral and aggregate sites that are or have been in lawful operation, and only where the mine owner or operator provides the planning office with a scaled map that accurately depicts the mining area. New or modified conflicting uses shall not be permitted within the setback area unless authorized by this section.
2. When significant mineral or aggregate sites have not been lawfully mined, the following rules shall apply:
a. The mining area must be located at least 500 feet from the nearest existing conflicting use. In order for mining to be authorized, the owner or operator must provide a mining area map that demonstrates the mining area is located at least 500 feet from all existing conflicting uses.
b. Once mining is authorized, new or modified conflicting uses and structures shall be prohibited within the setback area unless modified as provided herein.
3. The requirements of subsections (A)(1) and (2) of this section may be modified or waived by an IAA or a program to minimize impacts or resolve conflicts has been adopted pursuant to the requirements of JCC 19.66A.050.
4. In all cases where new or modified conflicting uses or structures are authorized within the setback area, the permit shall not be issued until the developing owner executes and records a restrictive covenant that specifies the owner waives the right to object to the mining or processing of mineral and/or aggregate resources at the site.
B. Riparian Corridor Setback Area. Development within riparian corridors shall be limited as follows:
1. Setback Distances. The riparian corridor setback area shall be 50 feet wide for Class 1 streams and 25 feet wide for Class 2 streams (based upon stream classifications established and maintained by the Oregon Department of Fish and Wildlife).
2. Riparian Corridor Development. Development within a riparian corridor setback area by fill or excavation, by placement of structures, by construction of impervious surfaces, or by removal of vegetation (with or without other development) is generally prohibited, except as listed in subsections (B)(2)(a) through (j) of this section. Approval of the following activities shall require a pre-application review pursuant to JCC 19.42.030 (Initiation of site plan review), and must be authorized by a development permit pursuant to JCC 19.41.020 (Development permits), prior to development. A riparian area mitigation plan may be required.
a. Streets, roads, and paths;
b. Drainage facilities, utilities, and irrigation pumps;
c. Water-related and water-dependent uses, such as boat ramps, landings, docks, platforms for irrigation equipment, push-up dams;
d. Replacement of existing structures with structures in the same location that do not disturb additional riparian surface area;
e. Reclamation activities intended to enhance riparian habitat;
f. Improvements to fish habitat or fish passage;
g. Aggregate mining between the banks of the stream;
h. Forest practices in the farm or forest resource zones where the forest practice is authorized by a permit issued under the Oregon Forest Practices Act;
i. Ongoing trimming and/or maintenance programs for the improvement of riparian and nonriparian vegetation; and
j. Removal of nonnative vegetation when replaced with native plant species.
3. Exceptions. Exceptions may be granted to the general prohibition of uses specified in subsection (B)(2) of this section. Requests for development shall require pre-application review procedures for site plan review as set forth in JCC 19.42.030, but shall be judged using the following standards only:
a. The development will result in equal or better protection for the riparian area because the riparian area will be restored, buffered, or enhanced through other special measures; and
b. The exception will not authorize alterations to occupy more than 50 percent of the width of the riparian area measured from the upland edge of the corridor; or
c. An existing lot or parcel proposed for development is rendered not buildable by application of the riparian setback;
d. A riparian area mitigation plan shall be required for all circumstances covered by subsections (B)(3)(a), (b) and (c) of this section. The requirement for a mitigation plan may be waived if both the County and the Oregon Department of Fish and Wildlife agree a mitigation plan is unnecessary;
e. Notice of all proposed exceptions, to include copies of proposed mitigation plans, if not waived, shall be given to the Oregon Department of Fish and Wildlife, the Division of State Lands, and the Department of Environmental Quality consistent with the notice requirements contained in JCC 19.32.030 (Mailed notice).
C. Rookery or Nest Sites. There shall be a structure setback of 300 feet from rookery or nest sites when the habitat has been documented on an inventory as a sensitive bird nesting, roosting or watering resource for osprey or great blue heron by the Oregon Department of Fish and Wildlife (ODFW), and the inventory has been furnished to Josephine County. A variance may be authorized to this setback requirement when adverse impacts to the rookery or nest site are resolved by an approved mitigation plan. The ODFW shall be given 30 days’ prior written notice of the proposed setback exception, to include a copy of the mitigation plan. The Department may comment on the plan or object to the proposed development. The variance shall be processed using variance procedures as set forth in Chapter 19.44 JCC (Variances), but shall be judged solely on whether the site continues to be a significant habitat site or whether the proposed plan adequately mitigates adverse impacts to the involved rookery or nest site. [Ord. 2006-003 § 1(3); Ord. 2006-002 § 1(3); Ord. 2006-001 § 1(2); 2005 RLDC § 72.040.]
19.72.050 Yards.
A. Yard requirements for property abutting partial or future street right-of-way:
1. Except as provided in subsection (B) of this section, no building shall be erected on a lot which abuts a street having only a portion of its required width dedicated unless the yards provided and maintained in connection with the building have a width and/or depth needed to complete the street width, plus the width and/or depth of the yards required on the lot by this title;
2. Where an official map of the comprehensive plan requires the plans for the widening of existing streets, the connecting of existing streets, or the establishment of new streets, the placement of buildings and the establishment of yards shall relate to the future street boundaries as determined by the official map.
B. No yard or open space provided around any building for the purpose of complying with the provisions of this section shall be considered as providing a yard or open space for any other building.
C. No yard or open space on adjoining property shall be considered as providing required yard or open space for another lot or development site.
D. No front yards provided around any building for the purpose of complying with the regulations of this title shall be used for public or private parking areas, garages, or other accessory buildings, except as specifically provided in this title.
E. If a building or group of buildings is located on two or more contiguous lots or parcels, so that the required setbacks and yards on each side of the property lines cannot be met, the lots or parcels shall be considered a single development site and the setback and yard requirements shall apply to the properties as a whole.
F. The following intrusions may project into required yards as follows:
1. Depressed Areas. In any zone, open work fences, hedges, guard railings, or other landscaping or architectural devices for safety protection around depressed ramps, stairs, or retaining walls may be located in required yards; provided, that such devices are not more than three and one-half feet in height;
2. Projecting Building Features. The following building features may project into the required front yard no more than five feet, and into the required interior yards no more than two feet; provided, that the projections are no closer than three feet to an interior lot line:
a. Eaves, cornices, belt courses, sills, awnings, buttresses, ramadas, or other similar features;
b. Chimneys, fireplaces, and heating and cooling equipment, provided they do not exceed eight feet in width;
c. Porches, platforms, or landings which do not extend above the level of the first floor of the building;
d. Signs conforming to Chapter 19.74 JCC;
e. Access facilities for the handicapped, including wheelchair ramps, may be located in any required yard; provided, that the facilities do not obscure moving vehicle traffic.
G. Front Yards.
1. If dwellings on both abutting lots are located within the front setback area, the front yard for the center lot need not exceed the average of the abutting lots;
2. If there is a dwelling on one abutting lot with a front yard of less than the required depth for the zone, the front yard for the lot need not exceed a depth of one-half way between the depth of the abutting lot and the required front yard depth;
3. When an attached or detached garage is to be built on a lot having an average elevation of at least 10 feet higher or lower than street level, the front of the garage may be located five feet from the front property line or at the point where ground elevation is five feet higher or lower than the street level, whichever is greater. The garage and driveway shall be constructed in a manner as to minimize traffic hazards.
H. Intrusions in a residential zone may be located in a required yard setback as follows:
1. Submersible pump insulation covers not exceeding 36 inches in height may be located in a front yard setback;
2. The following may be located in a side or rear yard setback: submersible pump insulation covers not exceeding 36 inches in height; portable storage buildings not to exceed 200 square feet (without plumbing); metal patio covers; carports, provided that no more than one side is enclosed; or similar noncombustible or ornamental fixtures. [2005 RLDC § 72.050.]
19.72.060 Accessory structure standards.
A. The cumulative size of all accessory structures (including attached garages, carports and shops) shall be limited based on the size of the lot or parcel on which they are to be constructed:
1. Smaller than one acre: 2,500 square feet;
2. One acre but smaller than three acres: 3,500 square feet;
3. Three acres but smaller than five acres: 4,000 square feet;
4. Five acres and larger: 6,000 square feet.
B. The Review Body shall review larger accessory structures using site plan review procedures as set forth in JCC 19.42.040.
C. In the RR-1 and RR-2.5 zones, and for lots zoned RR-5 that are less than two and one-half acres in size, the cumulative footprint of all buildings on the lot shall not exceed 50 percent of the lot area.
D. Lighting. No indoor lighting used in or by an indoor marijuana growing area, or indoor marijuana processing facility, shall be visible from dwellings on adjacent properties, nor cast light onto adjacent properties nor upward into the night sky, between dusk and dawn. [Ord. 2017-001 § 1(3); 2005 RLDC § 72.060.]