Chapter 510 Residential Zones

Rural Residential Zone (RR-5)
A. Uses Permitted Through a Type I Procedure. In the RR-5 zone the following uses and their accessory uses shall be permitted when authorized in accordance with the provisions of Section 205.04:

1. Single-Family Dwellings.

2. Farm use, subject to animal concentration restrictions in Section 510.05, Livestock Concentration Limitation.

3. Type I Minor Home Occupations, subject to the provisions of Section 760.02.

B. Uses Permitted Through a Type II Procedure. In the RR-5 Zone the following uses and their accessory uses may be permitted when authorized in accordance with the provisions of Section 205.05:

1. Public or Private Parks or Playgrounds, including accessory buildings.

2. Local distribution utility facilities as defined in Chapter 150, Definitions.

3. Temporary Hardship Dwellings, subject to the provisions of Section 510.06.

4. Fire Stations.

5. Type II Major Home Occupations, subject to the provisions of Section 760.03.

C. Uses Permitted Through a Type III Procedure. In the RR-5 Zone, the following uses may be permitted when authorized in accordance with the provisions of Section 205.06. These uses shall also require a Conditional Use Permit as described in Chapter 210.

1. Churches.

2. Public or Private Schools.

3. Governmental or Non-Profit organizations, structures or uses including community centers and libraries.

4. Medical and dental clinics, hospitals, rest homes, or nursing homes.

5. Major utility facilities as defined in Chapter 150, Definitions.

6. Convenience Stores.

7. Recreational Vehicle Parks, subject to the provisions of Section 210.07(I).

8. Type III Major Home Occupations, subject to the provisions of Section 760.04.

D. Minimum Lot Size. In the RR-5 Zone, the minimum lot or parcel size shall be five acres, subject to the approval of the Department of Environmental Quality (DEQ) regarding subsurface sewage disposal. Local distribution and major utility facilities are exempt from this requirement.

E. Development Standards. The following standards shall apply to all development in the RR-5 Zone:

1. All structures shall have a 60-foot front yard setback, 10-foot rear yard setback, and 10-foot side yard setbacks.

2. The highest floor of a permanently or temporarily occupied dwelling shall not exceed 35 feet.

3. The minimum lot width shall be 220 feet.

4. The minimum lot depth shall be 100 feet.

5. Parking spaces shall be in accordance with the provisions of Chapter 345.

6. Each residential dwelling in a forested area shall adhere to the Fire Siting Standards for Structures and Dwellings as listed in OAR 660-006-0035.

7. Signs shall comply with the provisions of Chapter 730.

F. Surface Mining Buffer Zone.

1. In the RR-5 Zone, residential dwellings shall not be constructed within 100 feet of land zoned Surface Mining (SM).

2. Notwithstanding other provisions of the Baker County Comprehensive Plan and the Baker County Zoning and Subdivision Ordinance, the following uses are not allowed within ¼ mile of an area zoned Surface Mining.

a. Public or Private Schools.

b. Rest Homes or Nursing Homes.

c. Other activities which would be adversely affected by dust or noise originating from surface mining activities.

3. Prior to the issuance of a building permit for a dwelling, the applicant shall plant fast growing vegetation on the property line adjoining land zoned surface mining.

4. Before a permit for development is issued, all proposed developments shall require the property owner(s) to record an Acknowledgement of Adjacent Land Use (AALU) with the Baker County Clerk. This statement shall identify the property and preclude the current and future owner(s) from filing complaints or legal actions against lawful existing or future mining operations on adjacent lands.

G. Sumpter Valley Overlay Zone.

1. Lands in the Sumpter Valley Overlay Zone shall be administered in accordance with the RR-5 Zone, with the added feature of being able to conduct mining on all previously mined lands, subject to the Type II Procedure provisions of Section 205.05.

Before a permit for development is issued, all proposed developments shall require the property owner(s) to record an Acknowledgement of Adjacent Land Use (AALU) with the Baker County Clerk. This statement shall identify the property and preclude the current and future owner(s) from filing complaints or legal actions against lawful existing or future mining operations on adjacent lands.