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1988-29500-Ordinance No. 88-042 Recorded 12/21/1988F „-. 88-;49000 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCF REV EWED An Ordinance Amending Ordinance * "aCF ^g PF :}} No. PL -11, the Bend Urban Area zoning Ordinance Adopting Findings* and Conclusions and Declaring an Emergency. ORDINANCE NO. 88-042 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 4, "Definitions," paragraph 59, "Dude Ranch," is amended to read as follows: "Dude Ranch. A ranch operated wholly or in part as a resort offering horse -back riding and related activi- ties as outdoor recreation opportunities and offering only temporary rental accommodations for vacation use by nonresidents." Section 2. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 4, "Definitions," paragraph 70, "Flood," is amended to read as follows: "Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: A. The overflow of inland or tidal waters, and/or B. The unusual and rapid accumulation of runoff surface waters from any source." Section 3. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 4, "Definitions," is amended by the addition of the following: 1111A. Area of Special Flood Hazard. The land in the floodplain within Bend subject to a one percent or greater chance of flooding in any given year. Designa- tion on maps always includes the letters A or V." 1120A. Babysitter. A person who provides day care services for children in the home of the babysitter for not more than five children for eight or more hours in a 24-hour period as a home occupation." 1121A. Base Flood. The flood having a one percent chance of being equalled or exceeded in any given year. 1 - ORDINANCE NO. 88-042 V ?, ®995 0066 Also referred to as the 1100 -Year Flood." Designation on maps always includes the letters A or V." 1121B. Bed and Breakfast Inn. A single-family dwelling unit where lodging and meals are provided, for compen- sation, in which no more than two (2) guest rooms are provided for no more than six (6) travelers or tran- sient guests. A guest shall not rent for a time period longer than fifteen (15) consecutive nights." 1128A. Building, Height. The vertical distance from the average contact ground level of the building to the highest point of the building." 1156A. Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations located with the area of special flood hazard." 1171A. Flood Insurance Rate Map (FIRM). The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community." 1171B. Flood Insurance Study. The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map and the water surface elevation of the base flood." 1171C. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot." 11109A. Lowest Floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of Section 23(7)." 11144A. Residential Care. Services such as supervi- sion; protection; assistance while bathing, dressing, grooming or eating; management of money; transporta- tion; recreation and the providing of room and board." 2 - ORDINANCE NO. 88-042 0095 0067 11144B. Residential Care Facility. A facility that provides residential care for six or more physically handicapped or socially dependent individuals and which is licensed by the State Department of Senior Services." 11145A. Roadside Stand. A temporary structure, vehicle or area designed or used for the display or sale of merchandise on the premises upon which such a stand is located." 11177A. Zero Lot Line Subdivision or Partition. A type of residential subdivision or partition utilizing zero lot lines between dwelling units and providing for individual ownership of each lot." Section 4. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 10 "Urban Area Reserve Zone - UAR-10," subsection (2), "Permitted Uses," is amended by the addition of the following: 'F. Manufactured homes meeting the standards of Sec- tion 28 of this Ordinance as 'Class A' manufactured homes and located in a parcel of five (5) acres or larger in size." Section 5. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 10, "Urban Area Reserve Zone - UAR-10," subsection (3), "Conditional Uses," paragraph (M), is amended to read as follows: "M. Manufactured homes meeting the standards of Sec- tion 28 of this Ordinance as a 'Class A' manufactured home and located on a parcel of less than five (5) acres in size." Section 6. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 12, "Suburban Low Density Residen- tial District - SR 2 1/2 District," subsection (2), "Permitted Uses," is amended by the addition of the following: "E. Manufactured homes meeting the standards of Sec- tion 28 of this Ordinance as a 'Class A' manufactured home and located on a parcel of five (5) acres or larger in size." Section 7. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 12, "Suburban Low Density Residen- tial District - SR 2 1/2 District," subsection (3), "Conditional Uses," paragraph H, is amended to read as follows: 3 - ORDINANCE NO. 88-042 0095 0068 "H. Manufactured homes meeting the standards of Sec- tion 28 of this Ordinance as a 'Class A' manufactured home and located on a parcel less than five (5) acres in size. Section 8. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 14, "Urban Standard Residential Zone - RS Zone," subsection (3), "Conditional Uses," is amended by the addition of the following: "U. Dwelling groups, subject to the provisions of subsection (25) of Section 26. V. Radio and television transmission facilities. W. Bed and breakfast inn, subject to the standards set forth in Section 26, subsection (26). X. Residential care facility." Section 9. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 15, "Urban Medium Density Residen- tial Zone - RM Zone," subsection (2), "Permitted Uses," paragraph H, is amended to read as follows: "H. Day care, kindergarten or nursery school." Section 10. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 15, "Urban Medium Density Residen- tial Zone - RM Zone," subsection (2), "Permitted Uses," is amended by the addition of the following: "I. Farming, excluding the keeping of livestock." Section 11. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 15, "Urban Medium Density Residen- tial Zone - RM Zone," subsection (3), "Conditional Uses," is amended by the addition of the following: "O. Radio and television transmission facilities." Section 12. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 16, "Urban High Density Residen- tial Zone - RH Zone," subsection (7), "Special Yards and Dis- tances Between Buildings," is amended to read as follows: 117. Special Yards and Distances Between Buildings. The following special yards and distances between buildings shall be provided: 4 - ORDINANCE NO. 88-042 4095 G069 A. An inner court providing access to double -row dwelling groups shall be a minimum of 20 feet. B. The distance between principal buildings shall be at least 10 feet. This requirement shall also apply to portions of the same buildings separated from each other by a court or other open space." Section 13. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 18, "Limited Commercial Zone - CL Zone," subsection (2), "Permitted Uses," paragraph Z, is amended to read as follows: "Z. Hardware store or paint store." Section 14. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 18, "Limited Commercial Zone - CL Zone," subsection (2), "Permitted Uses," is amended by the addi- tion of the following: "uu. Bus terminal." Section 15. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 18(3), "Limited Commercial Zone - CL Zone," "Conditional Uses," paragraph A, is amended to read as follows: "A. New residential dwelling units, excluding mobile home parks." Section 16. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 18A., "Convenience Commercial Zone - CC Zone", subsection (2), "Permitted Uses", paragraph T, is amended to read as follows: "T. Food and health food store." Section 17. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 18A., "Convenience Commercial Zone - CC Zone", subsection (3), "Conditional Uses", is amended by the addition of the following: "J. A building over 30 feet in height." Section 18. Ordinance No. PL -ll, Bend Urban Area Zoning Ordinance, as amended, Section 18A(3), "Convenience Commercial Zone - CC Zone," "Conditional Uses," paragraph A, is amended to read as follows: 5 - ORDINANCE NO. 88-042 0095 0070 "A. New residential dwelling units, excluding mobile home parks." Section 19. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 18A., "Convenience Commercial Zone - CC Zone", subsection (4), "Height Regulations", is amended to read as follows: 114. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed a height of 30 feet without a con- ditional use permit." Section 20. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 18A., "Convenience Commercial Zone - CC Zone", subsection (7), "Other Required Conditions", is amended by the addition of the following: "D. See Section 26, "Provisions Applying to Special Uses," where applicable." Section 21. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 19, "Highway Commercial Zone - CH Zone," subsection (2), "Permitted Uses," is amended by the addi- tion of the following: "dd. Bus terminal." Section 22. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 19, "Highway Commercial Zone - CH Zone," subsection (3), "Conditional Uses," paragraph E, is amended to read as follows: "E. Building over 30 feet in height." Section 23. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 19, "Highway Commercial Zone - CH Zone," subsection (3), "Conditional Uses," paragraph K, is amended to read as follows: "K. Residential use, excluding mobile home parks." Section 24. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 19A., "General Commercial Zone - CG Zone," subsection (2), "Permitted Uses," is amended by the addition of the following: "N. Bus terminal." Section 25. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 19A., "General Commercial 6 - ORDINANCE NO. 88-042 ®095 0®',1 Zone - CG Zone," subsection (3), "Conditional Uses," paragraph C, is amended to read as follows: "C. Residential use subject to the standards of the RH zone, excluding mobile home parks." Section 26. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 20, "Industrial Park Zone - IP Zone," subsection (2), "Permitted Uses," is amended by the dele- tion of paragraph (H). Section 27. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 21, "Light Industrial Zone - IL Zone," subsection (2), "Permitted Uses," is amended by the dele- tion of paragraph (Q). Section 28. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 21, "Light Industrial Zone - IL Zone," subsection (2), "Permitted Uses," is amended by the addi- tion of the following: "S. Wholesale distribution of all standard types of prepared or packaged merchandise such as automobile supplies, drug and electrical supplies, furniture, food products, hardware, leather goods, plumbing supplies, textiles and fabrics and general merchandise." Section 29. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 21, "Light Industrial Zone - IL Zone," subsection (2), "Permitted Uses," paragraph H, is amended to read as follows: "H. Assembly, manufacture or preparation of articles and merchandise from the following previously prepared types of materials: bone, canvas, cellophane, cloth, cork, feathers, felt, leather, precious or semi-pre- cious metal or stones, shell, textiles, tobacco, wax, wire, wood (excluding sawmills, lumbermills, planing mills, molding plants, particle board, wafer board, plywood and pulp process) yarns and paint not employing a boiling process. Section 30. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 21, "Light Industrial Zone - IL Zone," subsection (7), "Other Required Conditions," paragraph A, is amended to read as follows: "A. All business, service, repair, processing, storage or merchandise display on property abutting or across the street from a lot in an R zone shall be conducted wholly within an enclosed building unless screened from the R Zone by a sight -obscuring fence or wall." 7 - ORDINANCE NO. 88-042 0095 0011720 Section 31. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 22, "General Industrial Zone - IG Zone," subsection (2), "Permitted Uses," is amended by the addi- tion of the following: "C. Public buildings and public utility structures and yards, including railroad yards. D. Veterinary clinic. E. Commercial parking lot. F. Planned unit development subject to the provisions of Section 30. G. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage." Section 32. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 23, "Flood Plain Combining Zone - FP Zone" is amended to read as follows: "Section 23. FLOOD PLAIN COMBINING ZONE - FP ZONE. "l. Purpose. It is the purpose of this zone to pro- mote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: A. To protect human life and health; B. To minimize expenditure of public money and costly flood control projects; C. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. To minimize prolonged business interruptions; E. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines and streets and bridges located in areas of special flood hazard; F. To help maintain a stable tax base by provid- ing for the sound use and development of areas of special flood hazards so as to minimize future flood blight areas; 8 - ORDINANCE NO. 88-042 0095 0073 G. To ensure that potential buyers are notified that property is in an area of special flood hazard; and H. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 112. Application of FP Zone. A. The FP Combining Zone shall apply to the area identified on the Flood Insurance Rate Map (FIRM) as special flood hazard areas inundated by 100 - year flood and floodway areas. The FIA Flood Insurance Study for Bend and the FIRM map are hereby adopted and by this reference included herein. The A and AE zones shown on the FIRM map are hereby zoned FP. B. When base flood elevation data has not been provided on the FIRM, the Planning Director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to admini- ster this section. C. Information to be obtained and maintained: a. Where base flood elevation data is pro- vided through the Flood Insurance Study or as required in subsection (2)(B), record the actual elevation (in relation to mean sea level) of the lowest floor (including base- ment ) of all new or substantially improved structures and whether or not the structure contains a basement. b. For all new or substantially improved floodproofed structures, record the actual elevation (in relation to mean sea level) of the structures lowest floor. Obtain and maintain the floodproofing certifications required in Section 23(7)(B). 113. Warning and Disclaimer of Liability. The degree of flood protection required by this Section is consid- ered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Ordinance does not imply that land outside the areas will be free from flooding or flood damages. This Ordinance shall not create liability on the part 9 - ORDINANCE NO. 88-042 0095 0074 of the County, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this Ordinance or any administrative decision made hereunder. 114. Alteration of Watercourses. A. Prior to any alteration or relocation of a watercourse, notice of the proposed alteration shall be given to affected, adjacent communities and the State Department of Water Resources and evidence of such notification submitted to the Federal Insurance Administration. B. The applicant shall maintain the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 115. Permit for Use or Development in an FP Zone. No development shall occur in an FP Zone unless a permit has been received for the work. Except for improvement of an existing structure which is less than substan- tial, as determined by the County, no permit shall be issued unless the work will be reasonably safe from flooding, otherwise complies with this Ordinance, and all necessary state, federal and local permits will be obtained as a condition of approval on any permit in an FP Zone. The following information shall be submitted with the permit application: A. The location of the property with reference to channel locations and flood profile elevations. B. The existing topography and proposed grading plan for the property. Contour intervals shall not be more than one -foot for ground slopes up to five percent and, for areas immediately adjacent to a stream, two -foot for ground slopes between five and ten percent and five-foot for greater slopes. C. The location of existing and proposed diking or revetments, if any. D. Review of building permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. 10 - ORDINANCE NO. 88-042 9995 0073 116. Structural Elevation Data Required. A. A building permit application for substantial improvement to an existing structure or for a new structure within an FP Zone shall contain the following data referenced to mean sea level. a. The level of the lowest habitable floor and of any basement floor whether or not intended to be habitable. b. The level to which the structure is to be floodproofed, if applicable. B. A statement which notes whether the structure contains a basement. C. The information required by this subsection shall be maintained in the files of the Building Department with the subject building permit. 117. Regulation of Structures in an FP Zone. A. Residential Construction. a. New construction and substantial improve- ment of any residential structure shall have the lowest floor, including basement, ele- vated to or above base flood elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are pro- hibited unless designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this re- quirement must either by certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. 2. Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 11 - ORDINANCE NO. 88-042 0®95 0076 3. The bottom of all openings shall be no higher than one foot above grade. B. Non-residential Construction. New construc- tion and substantial improvement of any commer- cial, industrial or other non-residential struc- ture shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities shall: a. Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the pas- sage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the County's Building Official. d. Non-residential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in Section 23(7)(A)(a). e. Applicants floodproofing non-residential buildings shall be notified that flood insur- ance premiums will be based on rates for buildings that are one foot below the flood - proofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). C. Manufactured Homes. All manufactured homes to be placed or substantially improved within the FP zone shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provi- sions of Section 23(7)(A)(b). 12 - ORDINANCE NO. 88-042 �_1 11 0095 0077 118. Construction Materials and Methods. A. All new construction and substantial improve- ment shall be constructed with materials and utility equipment resistent to flood damage. B. All new construction and substantial improve- ments shall be constructed using methods and practices that minimize flood damage. C. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 119. Land Development Standards in a Flood Hazard Area. A. In addition to the terms of subsections 7 and 8 of this section, a subdivision or other land development, including all utility facilities, within an FP zone shall be designed and con- structed to minimize flood damage, including special provisions for adequate drainage to reduce exposure to flood hazards. B. A land development which will alter or relo- cate a watercourse shall be designed, constructed and maintained to retain the flood -carrying capa- city of the watercourse. C. A proposed land development of greater than either 50 lots or 5 acres shall include data showing the base flood elevation. 1110. Manufactured Home Development Standards. A. All manufactured homes to be placed or sub- stantially improved within the FP zone shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or one foot above the base flood elevation and shall be securely anchored to an adequately anchored found- ation system in accordance with the provisions of Section 23 (7) (A) (b) . B. The placement of a manufactured home in the floodway is prohibited. 13 - ORDINANCE NO. 88-042 0095 0078 "11. Utilities Standards in a Flood Hazard Area. A. A public utility or facility associated with a land development within an FP zone shall be desig- ned, located and constructed to minimize or elimi- nate flood damage and to avoid raising the water elevation in a regulatory floodway. B. Any new or replacement water supply system shall be designed, located and constructed to minimize or eliminate infiltration of floodwaters into the system. C. Any new or replacement sewerage system shall be designed, located and constructed to minimize or eliminate infiltration of floodwaters in to the system and discharge from the system into the floodwaters. 1112. Floodways. located within areas of special flood hazard established in Section 23(2)(A) are areas desig- nated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion poten- tial, the following provisions apply: A. Encroachments, including fill, new construc- tion, substantial improvements and other develop- ment are prohibited unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. If subsection (A) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 23(7). 1113. Technical Variances. A technical variance from the requirements of Section 23 may be granted by the Planning Director or Hearings Body for new construction and for improvements to existing structures which could not otherwise be authorized, provided the construction or improvements are to be erected or installed on a parcel of land one-half acre or less in size, contig- uous to or substantially surrounded by lots with exist- ing structures constructed below the minimum floor elevation established for flood protection purposes. A parcel of land in excess of the one-half acre in single ownership on the effective date of this Ordinance is not excluded from the granting of a technical variance, 14 - ORDINANCE NO. 88-042 11, 0095 0079 but the burden of proof required for issuing the vari- ance increases as the size of the property under single ownership increases, and the variance shall be granted only if required to equalize circumstances, considering previously developed land adjacent to the parcel for which a variance is sought. 1114. Historic Variance. A variance for historic preservation may be granted for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places. 1115. Other Variances. All other variance applications shall be considered according to the terms of Section 31 of this Ordinance and the following factors: A. The danger that materials may be swept onto others' property. B. The danger to life and property due to flood- ing or erosion damage. C. The susceptibility of the proposed facility to the flood damage and the effect of such damage on the individual owner. D. The importance of the services provided to the community by the proposed facility. E. The necessity to the use of a waterfront location, where applicable. F. The availability of alternate locations not subject to flooding or erosion damage. G. The relationship of the use to the area flood- plain management program. H. The safety of access to the property in times of flood for ordinary and emergency vehicles. I. The expected height, velocity, duration, rate of rise and sediment transport of the floodwaters and the effect of wave action, if applicable, expected at the site. J. The cost of providing governmental and utility services during and after flood conditions includ- ing maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. 15 - ORDINANCE NO. 88-042 0095 009), 1116. Applicants for a variance shall include with their application the following information: A. The location of the property with reference to channel location and flood profile elevation. B. The existing topography and proposed grading plan for the property. Contour intervals shall not be more than one -foot for ground slopes up to five percent and for areas immediately adjacent to a stream, two -foot for ground slopes between five and ten percent and five-foot for greater slopes. C. The location of existing and proposed diking or revetments, if any. 1117. Granting of Variances. The Hearings Body or Planning Director may grant a variance upon a finding that the variance will not result in increased flood heights, additional threats to public safety or extra- ordinary public expense." Section 33. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 24, "Site Plan Review", is amended to read as follows: "Section 24. SITE PLAN APPROVAL. 111. Purpose. The purpose of site plan approval is to ensure compliance with the objectives of this Ordinance and the Comprehensive Plan where development may cause a conflict between uses in the same or adjoining zones by creating unsightly, unhealthful or unsafe conditions and thereby adversely affecting the public health, safety and general welfare. The purpose shall also be to avoid creating undue burdens on public facilities and services. In considering a site plan, the Planning Director or Hearings Body shall take into account the impact of the proposed development on nearby proper- ties, on the capacity of the street system, on land values and development potential of the area and on the appearance of the street and community. 112. Site Plan Requirements. In all zones, except for a single-family, duplex or triplex unit on one lot, all new uses, buildings, outdoor storage or sales areas and parking lots or alterations thereof shall be subject to the provisions of this section. Site plan approval shall not be required where a proposed alteration of an existing building does not exceed 25% of the size of the original structure unless the Planning Director finds the original structure or proposed alteration 16 - ORDINANCE NO. 88-042 0095 0®81 does not meet the requirements of this Ordinance or other ordinances of the County. 113. Non -Compliance. A. Non-compliance with a final approved site plan or development agreement shall be treated as a zoning ordinance violation. B. The applicant shall demonstrate continued com- pliance with the approved landscape plan estab- lished under this section. 114. Procedure. A. Prior to filing a site plan application, the applicant shall be encouraged to confer with the Planning Department concerning the requirements of formal application. B. The site plan application shall be filed on a form provided by the Planning Department and shall be accompanied by drawings containing information as specified by the Planning Department. A mini- mum of eight (8) copies of the site plan shall be submitted along with such additional information as is deemed necessary for the Planning Director or Hearings Body to adequately review the applica- tion. C. The Planning Director or Hearings Body shall approve, with or without conditions, or disapprove the site plan. In approving the plan, the Plan- ning Director or Hearings Body shall find that all provisions of this Ordinance are complied with and that all buildings and facilities, access points, parking and loading facilities, lighting and walls or fences are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected and there will be minimal adverse effect on surrounding property. The decision of the Planning Director or Hearings Body shall be final unless appealed in accordance with the County's land use procedures. 115. The Planning Director or Hearings Body may require the following in addition to the minimum standards of this Ordinance as a condition for site plan approval. A. An increase in the required yards. B. Additional off-street parking. 17 - ORDINANCE NO. 88-042 C. Screening of the proposed use by a fence or landscaping or combination thereof. D. Limitations on the size, location and number of lights. E. Limitations on the number and location of curb cuts. F. Dedication of land for the creation or en- largement of streets where the existing street system will be impacted by or inadequate to handle the additional burden caused by the proposed use. G. Improvement, including but not limited to paving, curbing, installing of traffic signals and constructing sidewalks of the street system which serves the proposed use where the existing street system will be burdened by the proposed use. H. Improvement or enlargement of utilities serv- ing the proposed use where the existing utilities system will be burdened by the proposed use. Improvements may include, but shall not be limited to, extension of utility facilities to serve the proposed use and installation of fire hydrants. I. Landscaping of the site. J. Any other limitations or conditions which it considers necessary to achieve the purposes of this Ordinance. 116. Agreement and Security. The developer and owner shall, as a condition of approval, execute a develop- ment agreement for any improvements required on a form approved by the County Counsel and may be required to file with the County a performance bond or other secur- ity as approved by the County Counsel to assure full performance of the required improvements. The bond shall be for the cost of the improvements plus 10%. 117. Site Plan Criteria. Approval of a site plan shall be based on the following criteria: A. Safety and Privacy. Residential site plans shall be designed to provide a safe living en- vironment while offering appropriate opportunities for privacy and transitions from public to private spaces. 18 - ORDINANCE NO. 88-042 ', . 0095 00&3 B. Special Needs of Handicapped. When deemed appropriate, the site plan shall provide for the special needs of handicapped persons, such as ramps for wheelchairs, drop curbs and handicapped parking stalls. C. Preservation of Natural Landscape. The land- scape and existing grade shall be preserved to the maximum practical degree, considering development constraints and suitability of the landscape or grade to serve the applicant's functions. Pre- served trees and shrubs shall be protected during construction. D. Pedestrian and Vehicular Circulation and Parking. The location and number of points of access to the site, the interior circulation patterns, designs of parking areas and the separa- tion between pedestrians and moving and parked vehicles shall be designed to promote safety and avoid congestion on adjacent streets. E. Buffering and Screening. Areas, structures and facilities for storage, machinery and equipment, services (mail, refuse, utility wires and the like), loading and parking and similar accessory areas and structures shall be designed, located, buffered or screened to minimize adverse impacts to the site and neighboring properties. F. Utilities. All utility installations above ground, if such are allowed, shall be located so as to minimize adverse impacts on the site and neighboring properties. G. Public Facilities. The proposed use shall not be an undue burden on public facilities, such as the street, sewer or water system. 118. Rectuired Minimum Standards. A. Minimum Landscaping Standards. All develop- ments subject to site plan approval shall meet the following minimum standards for landscaping: a. A minimum of 15% of the area of a project for multi -family, commercial and industrial development shall be landscaped, subject to site plan approval. b. Street Trees. The placement, spacing and pruning of street trees shall be as follows, although the Planning Director or Hearings 19 - ORDINANCE NO. 88-042 a ®095 0084 Body may adjust the placement standard for special site conditions: 1. Street trees shall be located a minimum of three feet from the face of a curb. 2. Trees shall be placed a maximum of thirty feet apart. Trees shall be evenly spaced, with variations to the spacing permitted for specific site limitations and safety purposes. 3. An approved tree grate shall be used for trees planted in paved or concrete area. 4. As trees grow, they shall be pruned to provide a minimum clearance of eight feet above sidewalk and fourteen feet above street, alley or roadway surfaces. 5. Existing trees may be used as street trees if they are not killed or damaged from any new development. Sidewalks of variable width and elevation may be utilized to save existing street trees. 6. Existing street trees removed by development projects shall be replaced by the developer. c. Areas of commercial and industrial zones used for vehicle maneuvering, parking, load- ing or storage shall be landscaped and screened as follows: 1. Landscape coverage of the landscape area shall be fifty percent at the time of installation and ninety percent at five years. 2. Parking lot landscaping shall con- sist of a minimum of seven percent of the total parking area plus a ratio of one tree per ten parking spaces to create a canopy effect. 3. Landscape buffers between parking areas and streets shall have a minimum width of three feet with no car overhang and eight feet with a car overhang. 20 - ORDINANCE NO. 88-042 0095 0083 4. Landscape buffers between parking abutting a property line shall have a minimum width of three feet. 5. Front or exterior yard landscaping may not be substituted for the interior landscaping required for interior park- ing stalls. 6. There shall be a minimum distance of five feet between parking areas and buildings in parking areas adjacent to residential dwellings and a five foot minimum height and width of a continuous evergreen hedge screen (or five foot minimum height of wall or fence) in two years from the date a building permit is issued. 7. There shall be a minimum width of ten feet for landscape buffers between buildings adjacent to streets. 8. Landscape buffers shall consist of evergreen ground cover and shrubs mixed with a variety of flowering and decid- uous species of trees and shrubs. 9. Landscaping in a parking or loading area shall have a width of not less than five feet. Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area. d. Provision shall be made for the irriga- tion of planting areas. e. Required landscaping shall be contin- uously maintained. f. Vegetation planted in accordance with an approved site plan shall be maintained by the owner, any heir or assignee. Plants or trees that die or are damaged shall be replaced and maintained. B. Shared Areas. Usable outdoor shall be provided for the shared and their guests in any apartment development as follows: 21 - ORDINANCE NO. 88-042 recreation space use of residents residential I 0495 00843 a. Units with one or two bedrooms: 200 square feet of lawn per unit. b. Units with three or more bedrooms: 300 square feet of lawn per unit. C. Storage. Areas shall be provided in residen- tial developments for the storage of articles such as bicycles, barbecues, luggage, outdoor furni- ture, etc. D. Drainage. Surface drainage shall be contained on site." Section 34. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 25, "Off -Street Parking and Loading," subsection (4), "Number of Spaces Required," paragraph (F), "Commercial," is amended by the addition of the following: "Beauty parlor and 3 spaces for each of the barber shop first 2 beauty or barber chairs, and 1 1/2 spaces for each additional chair." Section 35. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 25A, "Special Setback Provisions on Certain Streets," is amended by the addition of the following: 112. Landscape Strips and Special Building Lines - Purpose and Designation of Streets. The purpose of this provision is to conserve and enhance the appear- ance of the community along certain streets of special significance to the community. These streets are the entrance to the City for the traveling public and the most frequently used streets in the community by the general public. The deterioration of the general appearance of these streets will adversely affect the health, safety and general welfare of the people of the County. Therefore, there is hereby specified and hereby established on all properties abutting the following named streets and sections of streets a 10 - foot building setback line from the street right-of-way line. Said areas within this special setback shall be landscaped and continuously maintained by the property owner. Said landscaping shall be installed upon the enlargement of the principal structure on the property, the expansion of the use on the property or upon the change in use on any property within the specified sections of streets. Where applicable, the require- ments set forth in this provision shall supercede the yard requirements specified for the zones." 22 - ORDINANCE NO. 88-042 0005 008 Section 36. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 26, "Provisions Applying to Special Uses," is amended by the addition of the following: 1125. Dwelling Groups. A. Purpose. This section is intended to make possible a more desirable living environment than would be poss- ible through a strict application of the provisions of this Ordinance. It is intended to encourage reserva- tion of a greater proportion of open space for visual and recreational uses; to encourage efficient, aesthe- tic and desirable uses of land; and to encourage greater diversity and variety in the physical develop- ment pattern of the County. A permit may not be issued for the erection of a dwelling group unless such dwell- ing group conforms to all of the following conditions and requirements: a. The area of the lot on which the dwelling group is to be erected shall be at least 20 per- cent greater than the aggregate of the minimum lot areas otherwise required for the individual dwell- ings in the group. b. Each building containing a dwelling in the group shall front either on a street or other public open space at least 50 feet wide or on a common yard or outer court, public or private, not less than 50 feet wide. c. The distances between two principal buildings shall not be less than the average of their heights and the distance between any principal buildings and the nearest lot line other than a front lot line shall not be less than the height of the building. d. Every building containing a dwelling in the group shall be within 60 feet of an access roadway or drive having a right-of-way of at least 20 - feet in width providing vehicular access from a public street. e. Such dwelling group shall conform to all of the requirements of this Ordinance for the dis- trict in which it is to be located, except as provided in this section. f. All dwelling groups shall be subject to site plan approval as provided in section 24." 23 - ORDINANCE NO. 88-042 Y 1126. Bed and Breakfast Inn. The inn shall be subject to an annual review for at least the first three years after which time, the Planning Director or Hearings Body, after public hearings, may approve a permanent permit for the inn. The following minimum standards shall also apply: A. All inns shall be owner -occupied. B. Each guest room shall have one off-street parking space, in addition to the parking required for the dwelling by the provisions of Section 25. C. All inns shall be inspected and approved by the County Building Official prior to the issuance of an occupancy permit. Inspection is limited to egress and fire protection. Dwellings must meet all requirements for egress as defined in the State of Oregon Uniform Building Code. A fee shall be paid for inspections. D. Only rooms designed as sleeping rooms shall be used for guest rooms. Guest rooms shall be pro- tected by a smoke detector as required by state code. E. There shall be at least 400 feet of separation along the same street between inns. F. Signing shall be in accordance with the County Sign Ordinance. G. The bed and breakfast inn shall maintain an up-to-date guest register listing all guests. H. If an approved inn is not established within one year of the approval date, or if the use of the residence as an inn lapses for over one year, the approval shall automatically expire and a new application will be required. I. All inns shall comply with the provisions of the County's Transient Room Tax Ordinance, where applicable." 1127. Temporary Use. Temporary structures and uses are permitted only after obtaining a temporary use permit from the Planning Director, and as follows: 24 - ORDINANCE NO. 88-042 0095 0989 A. In the CC, CL, CG, CH and CB zones: a. Christmas tree sales from November 26 to December 31. b. Fireworks sales from June 23 to July 5. c. Non-profit organizations' fund-raising sales if the non-profit status of said organ- ization is recognized by the Internal Revenue Service, not to exceed 15 days in any 60 -day period. B. In the CH zone, other temporary uses may be allowed for a period not to exceed 15 days in any 60 -day period. Use of a parcel for more than one temporary use in any 60 -day period shall be sub- ject to site plan review in accordance with all standards of this Ordinance. C. All temporary uses allowed by Section (27) (A) and (B) above shall satisfy the following standards: a. All necessary permits shall be obtained from the County Environmental Health and Building Divisions. b. All signs shall not exceed a combined total of 32 square feet or a sign permit shall be obtained in accordance with the County Sign Ordinance. c. All material employed in the temporary use, such as produce, shelters and debris, shall be removed by the applicant or property owner at the end of the activity. d. Access and parking shall be adequate for the use." 1128. Manufactured Homes. A. General Provisions. a. Manufactured home parks are permitted with site plan review approval in the RM and RH zones in accordance with the standards of this section and the standards for site plan approval. b. In addition, manufactured home parks and subdivisions may be planned under the provisions for planned developments, which may be used to 25 - ORDINANCE NO. 88-042 0095 029 provide for individual ownership of manufactured homes and sites and common ownership and mainte- nance of other lands and facilities. c. Manufactured home subdivisions for Class A manufactured homes are permitted with site plan approval in the RS zone in accordance with the standards in this section and all other provisions of this Ordinance. Manufactured home subdivisions for Class B manufactured homes are permitted as a conditional use in the RS zone in accordance with the standards of this Ordinance. d. Nothing in these provisions shall be inter- preted as superseding deed covenants or restric- tions. e. Except as otherwise provided by this section, the standards for subdividing and developing land within manufactured home parks and subdivisions shall be the same as for all other developments in accordance with the provisions of this Ordinance. f. State Requirements. Where standards for manufactured home developments are established by state law or Department of Commerce Administrative Rule, such requirements shall be in addition to the provisions of this section. g. Manufactured Housing Construction and Safety Standards Code (also referred to as the HUD Code). Title VI of the 1974 Housing and Community Devel- opment Act (42 U.S.C. 5401 et seq), as amended (previously known as the Federal Mobile Home Con- struction and Safety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer, which has been stamped and approved by a Design Approval Primary Inspec- tion Agency, and agent of the U. S. Department of Housing and Urban Development pursuant to HUD rules), and regulations and interpretations of said code by the Oregon Department of Commerce, all of which became effective for mobile/manufac- tured home construction on June 15, 1976, shall be utilized as the minimum construction standard of the County to which all manufactured home place- ments shall comply except as may be exempted by this section. h. Definitions. For purposes of this section only, the definitions of terms used herein and not defined in Section 4 of this Ordinance shall be as 26 - ORDINANCE NO. 88-042 defined in ORS Chapter 446 or Oregon Administra- tive Rules Chapter 814, Division 23, as amended. B. Manufactured Home Classes. For purposes of these regulations, manufactured homes are divided into the following types: a. A Class A manufactured home shall: 1. Have more than one thousand (1,000) square feet of occupied space in a double - section or larger multi -section unit; 2. Be placed onto a permanent foundation as specified in Section 26(28)(C)(b); 3. Have wheels, axles and hitch mechanisms removed; 4. Have utilities connected in accordance with Oregon Department of Commerce requirements and manufacturer's specifications; 5. Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standards Code and be either: i. A new, not previously occupied unit; or ii. A unit which is found, upon inspec- tion, to be in good condition and free of structural, electrical, mechanical and plumbing defects, any of which must be corrected prior to placement. 6. Have shake, shingle, composition or tile roofing materials similar in appearance to the most predominant type in the area. The roof pitch shall be a minimum of 3/12; 7. Siding materials and trim shall be simi- lar in appearance or complementary to other homes in the area including the type, color and horizontal or vertical placement of mate- rials; 8. If a garage or it shall be of like the dwelling; 27 - ORDINANCE NO. 88-042 carport will be provided, materials and color to b. C. 0095 000,2 9. The location and design of porches, patios, driveways, walkways and landscaping shall be reflective of and complementary to the features of homes in the area; 10. If new and previously unoccupied, shall be certified to meet energy efficiency per- formance standards equivalent to energy effi- ciency standards required of homes conforming to the Uniform Building Code. A Class B manufactured home shall: 1. Have more than seven hundred fifty (750) square feet of occupied space in a single, double, expando or multi -section unit (in- cluding those with add -a -room units); 2. Be placed onto a permanent foundation as required in section 26(28)(C)(b) of this Ordinance; 3. Have wheels, axles and hitch mechanisms removed; 4. Have utilities connected in accordance with manufacturer's specifications and Oregon Department of Commerce requirements; 5. Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standard Code as of June 15, 1976; 6. Have composition, shake, shingle or tile roofing materials and a minimum pitch of 2/12; 7. Have non -reflective siding materials and trim typical of new conventional built homes within the community; 8. Have a carport or garage of like mate- rials and color; 9. Be in good repair and free of structural, electrical, mechanical and plumbing defects, any of which must be corrected prior to placement. A Class C manufactured home shall: 1. Have more than three hundred and twenty (320) square feet of occupied space in a 28 - ORDINANCE NO. 88-042 R 11 e, , 0095 0093 single, double, expando or multi -section unit (including those with add -a -room units); 2. Be placed onto a support system in accor- dance with approved installation standards as specified in Section 26(28)(C)(b); 3. Be enclosed with foundation siding/skirt- ing in accordance with approved installation standards as specified in Section 26(28)(C)(b); 4. Have utilities connected in accordance with manufacturer's specifications and Oregon Department of Commerce requirements; 5. Bear an insignia of compliance with the Manufactured Housing Construction and Safety Standards Code as of June 15, 1976; 6. Be in good repair and free of structural, electrical, mechanical and plumbing defects, any of which must be corrected prior to placement. d. A Class D manufactured home is any manufac- tured home built prior to June 15, 1976, and under ORS Chapter 481 is not defined as a recreation vehicle. For purposes of determining appropriate- ness for placement, Class D manufactured homes shall: 1. Have more than three hundred and twenty (320) square feet of occupied space; 2. Be placed onto a support system in accor- dance with approved installation standards as specified in Section 26(28)(C)(b); 3. Be enclosed with foundation siding/skirt- ing in accordance with approved installation standards as specified in Section 26 (28) (C) (b) ; 4. Have utilities connected in accordance with manufacturer's specifications and Oregon Department of Commerce requirements; 5. Be in good repair and free of structural, electrical, mechanical and plumbing defects, any of which must be corrected prior to placement. 29 - ORDINANCE NO. 88-042 C. Manufactured Home Placement Standards. All manu- factured homes placed within the Bend Urban Area after the effective date of this Ordinance shall comply with the following: a. As defined in Section (28)(B), each manufac- tured home shall be classified as Class A, B, C or D, and shall be permitted within the following areas: 1. Class A - Permitted in manufactured home subdivisions in the RS zone and in manufac- tured home parks, and as replacements to existing nonconforming manufactured homes. 2. Class B - Permitted in manufactured home subdivisions approved as a conditional use in the RS zone and manufactured home parks, also permitted as replacements for existing non- conforming manufactured homes which would be classified as Class B, C or D. 3. Class C - Permitted in all manufactured home parks. Also allowed as replacements for existing nonconforming manufactured homes in a manufactured home subdivision or park for units which would be classified as Class C or D and as replacements to any other Class D unit. 4. Class D - Permitted only in manufactured home parks. b. Foundations/Skirting Support Systems. 1. All load bearing foundations, supports and enclosures shall be installed in confor- mance with the Oregon Department of Commerce regulations and with the manufacturer's installation specifications (reference OAR Chapter 814, Division 23). Where required, all perimeter foundations shall be con- structed in accordance with the "Oregon State Structural Specialty Code". 2. All Class A and Class B manufactured homes outside of manufactured home parks shall be set onto an excavated area with perimeter foundation, and the excavated area shall be backfilled. 30 - ORDINANCE NO. 88-042 ®995 9095 3. Class A and B manufactured homes located in manufactured home parks and Class C and D manufactured homes must have perimeter found- ations as specified above or be installed with an approved foundation siding/skirting enclosing the entire perimeter of the home. Foundation siding/skirting and backup framing shall be weather-resistent, non-combustible or self -extinguishing materials which blend with the exterior siding of the home. Mate- rials below -grade level and for a minimum distance of six (6) inches above finish grade shall be resistant to decay or oxidation. The siding shall be installed in accordance with manufacturer's recommendation or approv- ed equal standards. c. Except for a structure which conforms to the state definition of a mobile home accessory struc- ture, no other extension shall be attached to a manufacture home, except a garage or carport constructed to the Oregon State Structural Spe- cialty Code. d. All manufactured home lots and spaces shall be provided with storm drainage, sanitary sewer, electric, telephone and potable water utility services with easements dedicated where necessary to provide such services. All such utilities shall be located underground unless waived by the Planning Director where underground service would require an exception to local prevalent condi- tions. e. Manufactured homes shall not be used for living purposes unless connected to local water, sewers and electrical systems. D. Manufactured Home Subdivisions. a. Minimum Area Required. A manufactured home subdivision shall consist of a minimum area of five acres. Manufactured home subdivisions for Class B manufactured homes or manufactured home subdivisions or expansions thereof less than five acres in size may be considered by conditional use permit application. b. Lot Size and Dimension Requirements. The minimum lot area and dimensions within a manufac- tured home subdivision shall be the same as that allowed within the zone. 31 - ORDINANCE NO. 88-042 . 0095 0096 c. Permitted Uses. Manufactured home subdivi- sions may contain manufactured homes and related accessory structures. d. Setbacks. Setbacks for manufactured homes, modular homes and accessory structures shall be the same as provided in the zone, except that no manufactured home shall be located within 15 feet of another manufactured home. E. Manufactured Home Parks. a. Minimum Area Required. All manufactured home parks shall consist of a minimum area of five acres. b. Density. The maximum number of manufactured homes allowed within a manufactured home park shall not exceed 10 units per acre. The average area of a mobile home site shall not be less than 4,000 square feet, excluding roadway, recreation areas and other accessory facilities. No manufac- tured home site shall be less than 2,000 square feet in area. c. Access. Manufactured home park accesses shall be located on public streets improved to a minimum width of 36 feet and which are improved to a point intersecting a collector or arterial street. d. Permitted Use. Manufactured home parks may contain manufactured homes and accessory struc- tures permitted in Section 28, community laundry and recreation facilities and other common build- ings for use by park residents only, and one residence which may be other than a manufactured home for the use of a caretaker or a manager responsible for maintaining or operating the property. e. Minimum Site Requirements. 1. Park Streets. The minimum surfaced width of the roadway within an accessway shall be 24 feet if there is no parking allowed and 30 feet if parking is allowed on both sides. The first 50 feet of the accessway, measured from the public street, shall be surfaced to a minimum width of 30 feet and shall be con- nected to the existing public street according to plans approved by the County Public Works Department. 32 - ORDINANCE NO. 88-042 0095 0097 2. Improvement Standards. The improvement of driveways, walkways, streets, drainage and other utilities shall conform to adopted state standards for such or shall conform to the County's standard specifications manual, whichever is more restrictive." Section 37. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 26, "Provisions Applying to Special Use Standards," subsection (16), "Nursery Schools and Kindergartens and Day Care Facilities," is amended to read as follows: 1116. Day Care Facility. Day care facilities shall have a minimum site size of 5,000 square feet and shall provide and thereafter maintain outdoor play areas with a minimum area of 100 square feet per child of total capacity. All outside play shall be enclosed by a fence of at least four feet but not more than six feet in height. Day care facilities and nursery schools shall provide adequate off-street parking and loading spaces and may be required to provide a driveway de- signed for continuous forward flow of passenger vehic- les for the purposes of loading and unloading." Section 38. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 27, "Interpretations and Excep- tions," subsection 2, "Accessory Structures and Uses," is amended to read as follows: 112. Accessory Uses and Structures. "A. A greenhouse or hothouse may be maintained acces- sory to a dwelling provided there are no sales. B. A guest house may be maintained accessory to a dwelling provided there are no cooking facilities. C. An accessory building shall not be located within 10 feet of a principal dwelling existing or under con- struction on the same lot. D. Site -obscuring fences may be located in a required front yard or in a vision clearance area provided that they shall not exceed 2 1/2 feet in height measured from the top of the curb. E. Solar panels, collectors or other similar solar devices may be maintained as accessory structures." 33 - ORDINANCE NO. 88-042 0 Section 39. Ordinance No. Ordinance, as amended, Section amended to read as follows: PL -11, Bend Urban Area Zoning 28, "Nonconforming Uses," is 1128. Nonconforming Uses. Except as otherwise provided in this Ordinance, the lawful use of a build- ing, structure or land existing on the effective date of this Ordinance, or any amendment thereto, may be continued although such use does not conform with this Ordinance. Such nonconforming use may be altered, restored or replace in accordance with this section. No nonconforming use may be resumed after a period of interruption or abandonment unless the resumed use conforms with the provisions of this Ordinance in effect at the time of the proposed resumption. 1. Verification of Nonconforming Use. Verification of the existence of a nonconforming use shall be re- quired prior to or concurrently with any application to alter or restore the use. The burden shall be upon the applicant for alteration or restoration of a noncon- forming use to demonstrate its lawful existence. The applicant shall demonstrate all of the following: a. The nonconforming use was lawful on the effec- tive date of the provisions of this Ordinance prohibiting the use. b. The nonconforming use was actually in exis- tence on the effective date of the provisions of this Ordinance prohibiting its use, or had pro- ceeded so far toward completion that a right to complete and maintain the use would be deemed to have vested. c. The nonconforming use has existed contin- uously, or if it has not existed continuously, has not been abandoned, or has not been interrupted for a period in excess of one (1) year. The decision verifying the nonconforming use shall be made by the Planning Director and shall be appealable pursuant to the provisions of the county land use procedures ordinance. 2. Maintenance of Nonconforming Use. Normal mainte- nance of a verified nonconforming use shall be per- mitted provided that no alterations in the use or structure are made which change the size or outward appearance of the nonconforming use. 34 - ORDINANCE NO. 88-042 0005 0009 3. Restoration or Replacement of Nonconforming Use. A verified nonconforming use may be restored or replaced if all of the following criteria are met: a. The nonconforming use has been damaged or destroyed by fire or other casualty or natural disaster. b. The nonconforming use is restored or replaced on the same location as it existed prior to damage or destruction. c. The restoration or replacement of the noncon- forming use is commenced within one (1) year of the damage or destruction. 4. Alteration of a Nonconforming Use. a. The alteration of a nonconforming use shall be permitted when necessary to comply with any lawful requirement. b. In all cases other than that described in paragraph (a) above, alteration of a nonconforming use or structure or physical improvements shall be permitted when all of the following criteria are met: 1. The alteration in is necessary to reason- ably continue the nonconforming use. 2. The alteration will have no greater adverse impact upon the neighborhood. c. Any alteration to a nonconforming use per- mitted under this section also shall be subject to all applicable provisions of this Ordinance, including site plan review under Section 24." Section 40. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 29, "Conditional Use Permits," is amended to read as follows: "Section 29. CONDITIONAL USE PERMITS. 111. Purpose. In certain zones, conditional uses may be permitted subject to the granting of a conditional use permit. Because of their unusual characteristics or the special characteristics of the area in which they are to be located, conditional uses require spe- cial consideration so that they may be properly located with respect to the objectives of this Ordinance and 35 - ORDINANCE NO. 88-042 0095 0 u" the effect of the conditional use on surrounding prop- erties. 112. The Planning Director or Hearings Body shall have the authority to approve, approve with conditions, disapprove or revoke conditional use permits subject to the provisions of this section. 113. General Conditional Use Criteria. A conditional use permit may be granted only upon findings by the Planning Director or Hearings Body that the proposal meets all of the criteria in this section, as well as all other applicable criteria contained in this Ordi- nance. The general criteria are: A. That the location, size, design and operating characteristics of the proposed use are such that it will have minimal adverse impact on the prop- erty value, livability and permissible development of the surrounding area. Consideration shall be given to compatibility in terms of scale, coverage and density with the alteration of traffic pat- terns and the capacity of surrounding streets and to any other relevant impact of the proposed use. B. That the site planning of the proposed use will, as far as reasonably possible, provide an aesthetically pleasing and functional environment to the highest degree consistent with the nature of the use and the given setting. C. That if the use is permitted outright in another zone, there is substantial reason for locating the use in an area where it is only conditionally allowed, as opposed to an area where it is permitted outright. D. That the proposed use will be consistent with the purposes of this Ordinance, the Comprehensive Plan, Statewide Goals and any other applicable statutes, ordinances or policies. 114. Application. A request for a conditional use may be initiated by a property owner or his authorized agent by filing an application with the Planning Director. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The Planning Director or Hearings Body may request other drawings or material essential to an understanding of the proposed use and its relationship to the surrounding properties. 36 - ORDINANCE NO. 88-042 0095 0101 115. Review of Application. Before a conditional use is permitted, the conditional use shall be reviewed as a land use permit consistent with the procedures estab- lished by the County land use procedures ordinance. 116. Action on an Application. The Planning Director or Hearings Body may approve, approve with conditions or disapprove the application for a conditional use permit subject to the land use procedures ordinance. In permitting a conditional use, the Planning Director or Hearings Body may impose, in addition to regulations and standards expressly specified in this Ordinance, other conditions found necessary to protect the best interests of the surrounding property or neighborhood or the urban area as a whole. Any future enlargement or alteration of the use shall be reviewed by the County and new conditions may be imposed. A. In order to grant any conditional use, the Planning Director or Hearings Body must find that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the urban area. B. A conditional use permit shall become void one year after approval, or after such greater or lesser time as may be specified as a condition of approval, unless within that time the required building construction, alteration or enlargement has been commenced and diligently pursued or, if no such construction, alteration or enlargement is required, unless the permitted activity is being regularly conducted in the premises. Upon re- quest, the Planning Director or Hearings Body may extend the permit for a period of one year. 117. Special Requirements. The request for a building to exceed 45 feet in height shall be considered in light of the Fire Department's fire fighting apparatus and the location of that apparatus. The community should have adequate apparatus before taller structures are allowed." Section 41. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 30, "Planned Unit Development Approval," is amended to read as follows: 37 - ORDINANCE NO. 88-042 0095 0.02 "Section 30. PLANNED UNIT DEVELOPMENT APPROVAL. 111. Hearings Body - Approval Required. Where use is made of the planned unit development process as pro- vided in this section, no building or other permit shall be issued for such development or part thereof until the Hearings Body or Planning Director has ap- proved said development. 112. Application. The owner or authorized agent may file an application for planned unit development appro- val with the Hearings Body or Planning Director. The application shall be accompanied by a filing fee in an amount established by the County Commission. 113. Minimum Size for Planned Unit Developments. No application shall be accepted for an area of less than 10 acres in any R zone, or for an area of less than 4 acres in any other zone. 114. Limitation on Application. No application shall be accepted for a use which will require a change of zone unless accompanied by an application for a zoning amendment as set forth in Section 33. 115. Plan Required. All applications shall be accom- panied by a general development plan drawn to scale showing the use or uses, dimensions and locations of proposed structures and of areas to be reserved for vehicular and pedestrian circulation, parking, public uses, landscaping and other open spaces and drawings and sketches demonstrating the design and character of the proposed uses and the physical relationships of the uses. Such other pertinent information shall be in- cluded as may be considered necessary by the Hearings Body or Planning Director to make a determination that the contemplated arrangement or use makes it necessary and desireable to apply regulations and requirements differing from those ordinarily applicable under this Ordinance and the Subdivision Ordinance. 116. Standards for Approval. In granting approval for planned unit development, the Hearings Body or Planning Director shall be guided by the following: A. Whether applicant has, through investigation, planning and programming, demonstrated the sound- ness of his proposal and his ability to carry out the project as proposed, and whether the construc- tion shall begin within six months of the conclu- sion of any necessary action by the County, or 38 - ORDINANCE NO. 88-042 CS a': 7 e3' within such longer period of time as may be estab- lished by the Hearings Body or Planning Director. B. Whether the proposal conforms with the general plans of the County in terms of location and general development standards. C. Whether the project will accrue benefits to the County and the general public in terms of need, convenience, service and appearance suffi- cient to justify any necessary exceptions to the regulations of the Zoning and Subdivision Ordi- nance. D. Whether the project will satisfactorily take care of the traffic it generates by means of adequate off-street parking, access points and additional street right-of-way and improvements and any other traffic facilities required. E. Whether the project will be compatible with adjacent developments and will not adversely affect the character of the area. F. Whether the project will satisfactorily take care of sewer and water needs consistent with the Bend Urban Area General Plan. G. A planned unit development shall not be ap- proved in any R zone if the housing density of the proposed development will result in an intensity of land use greater than permitted by the Compre- hensive Plan. 117. Standards and Requirements. Approval of a request for a planned unit development is dependent upon the submission of an acceptable plan and satisfactory assurance that it will be carried out. The following minimum standards and requirements shall apply: A. A dwelling use permitted in any zone may be permitted in a planned unit development. B. A mobile home may be permitted in a planned unit development. However, mobile home parks shall not be allowed in any commercial or indus- trial zone. C. Developments which either provide for or contemplate private streets and ways and common areas which will be or are proposed to be main- tained by the owners of units or lots within a 39 - ORDINANCE NO. 88-042 0095 0104 development must organize and maintain an owners' association. The owners' association shall con- sist of all the owners of units or lots within the development and membership in the association must be required of all owners; adopt and record bylaws as provided by ORS 91.555; adopt bylaws that contain the provisions required by ORS 91.560; and have the power to create a lien upon the unit or lot for services, labor or material lawfully chargeable as common expenses as provided in ORS 91.580. The association's power to create such a lien shall exist whether or not the property is subject to the Oregon Unit Ownership Law (ORS 91.505 - 91.675.) D. If the property is not subject to the Unit Ownership Law, the association shall also create, by contract, the right to claim a lien upon any unit or lot for services, labor or material chargeable as common expenses. This lien may be created by covenants between the association and the property owners and shall supplement the lien created by (C) above and require all owners of units or lots within the development to consent to and pay the reasonable value of services, labor or material expended by the County for common ex- penses where such County expenditures are made because the owners or the owners' association does not provide the necessary services, labor or material for common expenses. E. Streets and roads in planned unit development designated developments shall be public roads and ways developed to County standards or be private roads of a minimum 14 feet wide paved surface for one-way traffic, minimum 20 feet wide paved sur- face for two-way traffic, and parallel parking as permitted shall require minimum additional 8 feet of width for each side of parking. In addition to these requirements, the Planning Director or Hearings Body may specify other requirements including, but not limited to, increased or de- creased pavement width. F. Pedestrian walkways shall be provided for adequate pedestrian and bicycle traffic and shall be constructed with Portland cement or asphaltic concrete to County standards, except as varied by the provisions of this section or by the Planning Director or Hearings Body. 40 - ORDINANCE NO. 88-042 0005 0105 G. All utility facilities shall be installed underground and in accordance with County stan- dards. H. The design of all planned unit development projects shall provide direct access for all units and lots to open space areas and facilities. I. A statement must be submitted relative to the solar access to be provided by the planned unit development. "8. Hearings Body Action. In taking action, the Planning Director or Hearings Body may approve, approve with conditions or deny an application as submitted. Any planned unit development as authorized shall be subject to all conditions imposed and shall be excepted from other provisions of this Ordinance only to the extent specified in said authorization. Any approval of a planned unit development granted hereunder shall lapse and become void unless within 12 months after the final granting of approval or within such other period of time as may be stipulated by the Hearings Body or Planning Director as a condition of such approval, construction of the buildings or structure involved in the development has begun and been diligently pursued. The Planning Director or Hearings Body may further impose other conditions limiting the time within which the development of portions thereof must be completed. The decision of the Planning Director or Hearings Body shall be final unless appealed in accordance with the procedures set forth in the land use procedures ordi- nance. 119. Violation of Conditions. The Planning Director or Hearings Body on its own motion may revoke any planned unit development approval for non-compliance with the conditions set forth in the order granting the said approval, after first holding a public hearing and giving notice of such hearing as provided in the land use procedures ordinance. The foregoing shall not be the exclusive remedy, and it shall be unlawful and an offense punishable hereunder for any person to con- struct any improvement in violation of any condition imposed by the order granting the planned unit develop- ment approval." Section 42. Ordinance No. Ordinance, as amended, Section read as follows: 41 - ORDINANCE NO. 88-042 PL -11, Bend Urban Area Zoning 31, "Variances," is amended to 0095 0106 "Section 31. VARIANCES. 111. Authorization to Grant or Deny Variances. Except as provided in subsection (3), the Planning Director or Hearings Body may authorize variances from the stan- dards of this Ordinance where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this Ordinance would cause an undue or unnecessary hardship; except that no variance shall be granted to allow the use of the property for purposes not autho- rized within the pertinent zone or to alter any proce- dural requirements of this Ordinance. In granting a variance, the Planning Director or Hearings Body may attach conditions necessary to protect the best inter- est of the surrounding property or neighborhood and to otherwise achieve the purposes of this Ordinance. 112. Criteria. No variance shall be granted pursuant to the provisions of subsection (1) unless the appli- cant can establish: A. That special conditions exist which are pecu- liar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zone; and B. That strict interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of this Ordinance; and C. That the special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconve- nience; and D. That granting the variance will be in harmony with the objectives of this Ordinance and not injurious to the neighborhood or otherwise detri- mental to the public welfare. 113. Authorization to Grant or Deny Variances to On - Site Requirements. The Planning Director or Hearings Body may authorize a variance from the standards of this Ordinance relating to on-site requirements (e.g. yards, parking, etc.), provided that no variance under this section shall be greater than 25% of the setback, parking or other similar area requirement from which the variance is sought. 42 - ORDINANCE NO. 88-042 0095 0107 114. Criteria for Variances Granted Under Subsection -M- A. In the case of a yard variance, the applicant shall show the approval will result in: a. More efficient use of the site; and b. Preservation of natural features, where appropriate; and c. Adequate provisions of light and privacy to adjoining properties; and d. Preservation of natural features of the site (topography, vegetation and drainage) which would be adversely affected by applica- tion of required parking standards, where appropriate. 115. Application for a Variance. A property owner may initiate a request for a variance by filing an applica- tion with the Planning Director. The application shall be accompanied by a plan, drawn to a suitable scale, showing the condition to be varied and the dimensions and arrangement of the proposed development. The application shall be reviewed in the manner provided for in the County's land use procedures ordinance." Section 43. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 32, "Revocation of Permits or Variances," is amended to read as follows: "Section 32. REVOCATION OF PERMITS OR VARIANCES. 111. Revocation for Non -Compliance With Conditions. Any planned unit development permit, conditional use permit or variance granted in accordance with the terms of this Ordinance may be revoked if any of the condi- tions or terms of such permit or variance are violated, or if any law or ordinance is violated in connection therewith. If, after notice and hearing, a planned unit development permit is revoked for a substantial violation of any of its conditions, the Board of County Commissioners may reconsider any zone change granted in connection with the planned unit development and restore the zoning existing prior to the permit notwithstanding improvements constructed prior to such revocations, but any such proposed change of zone shall follow the procedures otherwise specified for zone changes herein. 43 - ORDINANCE NO. 88-042 112. Public Hearing. The Planning Director or Hearings Body shall hold a public hearing on any proposed revo- cation after giving written notice to the permittee and to other owners of property as set forth in the land use procedures ordinance. The Planning Director or Hearings Body shall render its decision within 45 days after the conclusion of the hearing. If the permittee is not satisfied with the action of the Commission, the permittee may appeal the Planning Director's or Hear- ings Body's decision to the Board of County Commis- sioners in the manner provided in this section and the land use procedures ordinance." Section 44. Ordinance No. PL -11, Bend Urban Area Zoning Ordinance, as amended, Section 33, "Amendments," subsection (3), "Standards for Zone Change," is amended to read as follows: 113. Standards for Zone Chancre. The burden of proof is upon the one seeking change. The degree of that burden increases proportionately with the degree of impact of the change which is sought. The applicant shall in all cases establish: A. That the change conforms with the Comprehen- sive Plan. Specifically, the change is consistent with the plan's intent to promote an orderly pattern and sequence of growth. B. That the change will not interfere with exist- ing development, development potential or value of other land in the vicinity of the proposed action. C. That the change in classification for the subject property is consistent with the purpose and intent of the proposed zone classification. D. That the change will result in the orderly and efficient extension or provision of public ser- vices. Also, that the change is consistent with the County's policy for provision of public facil- ities. E. That there is proof of a change of circum- stance or a mistake in the original zoning." Section 45. In support of the Amendments contained in sec- tions 1 through 44 of this Ordinance, the Board of County Commis- sioners adopts as its findings and conclusions the documents entitled "Deschutes County Periodic Review Order for the Bend Urban Growth Boundary," "Deschutes County Periodic Review Order for the Sisters Urban Growth Boundary" and "Deschutes County Periodic Review Order for the Redmond Urban Growth Boundary," 44 - ORDINANCE NO. 88-042 0005 0 .09 attached hereto as Exhibits "A," "B" and "C," respectively, and incorporates by this reference as if fully set forth herein. Section 46. This Ordinance being necessary for the imme- diate preservation of the public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DATED this 1�?(4 day of 988. DESCHUTES COUNTY BOARD OF.60UNZY COMMISSIONERS PRANTE, Commissioner A E9T: M OOP, issioner L-1 ecording Secretary D MA LI , thkirman 45 - ORDINANCE NO. 88-042 0005 Clio EXHIBIT "A" DESCHUTES COUNTY PERIODIC REVIEW ORDER FOR THE BEND URBAN GROWTH BOUNDARY I. Introduction. In Deschutes County, the cities have taken the lead in the review of ORS 197.640 for periodic review. The City of Bend Periodic Review Order is being adopted by Deschutes County based upon the findings contained in the City document entitled "The City of Bend Periodic Review Order." II. Background Information. A. Since the acknowledgment of the Bend Area General Plan by LCDC on June 25, 1981, the following amendments have been made by the County: 1. The adoption of the Bend Urban Area General Plan Ordinance No. 80-216 (12/18/80). 2. An ordinance adopting PL -11, the Bend Urban Area Zoning Ordinance, Ordinance No. 80-217 (12/18/80). 3. An Ordinance Creating a joint Bend Urban Area Planning Commission, Ordinance No. 80-226 (12/18/80). 4. An ordinance amending PL -11 to provide for plant nurseries as a conditional use in residential zones, Ordinance No. 81-006 (3/12/81). 5. The Deschutes County Sign Ordinance, Ordinance No. 81-009 (4/8/81). 6. An ordinance replacing the Phase II Sewer Boundary for the Bend Urban Area, Ordinance No. 81-019 (5/9/81). 7. An ordinance adopting the Deschutes County Sub- division/Partition ordinance, Ordinance No. 81-043 (12/31/81). 8. An ordinance amending PL -10, the Bend Urban General Plan, to redesignate certain property within the Urban Growth Boundary, Ordinance No. 81-004 (12/3/81). 9. An ordinance amending PL -11, to rezone certain properties within the Bend Urban Growth Boundary, Ordinance No. 81-045 (4/6/81). 1 - EXHIBIT "A" 9095 0111 10. Ordinance No. 82-009, an ordinance amending PL -11 (2/17/82) . 11. Ordinance No. 82-011, the Deschutes County Proced- ural Ordinance (8/3/82). 12. An ordinance amending PL -11, rezoning certain properties zoned RS to CH (4/21/82). 13. An ordinance amending PL -11, rezoning certain property from RL to CH, Ordinance No. 82-020 (4/21/82). 14. An ordinance amending PL -11, rezoning certain property from RL to CH, Ordinance No. 82-025 (6/8/82). 15. An ordinance amending the north corridor section of the Comprehensive Plan, Ordinance No. 82-019 (7/7/82). 16. An ordinance amending PL -11 by adding Destination Resorts as a conditional use, Ordinance No. 82-038 (9/15/82) . 17. An ordinance amending PL -10, the Bend Urban Area Comprehensive Plan, by adding Destination Resorts, Ordinance No. 82-019 (9/15/82). 18. An ordinance amending PL -11 regarding location of churches, Ordinance No. 82-044 (11/9/82). 19. An ordinance amending PL -11 changing certain property from UAR-10 to Highway Commercial and Highway Commercial to UAR-10, Ordinance No. 83-024 (3/3/83). 20. An ordinance amending PL -11 to provide certain remedies for zoning infractions, Ordinance No. 83-032 (3/23/83). 21. An ordinance amending Ordinance 82-011, the County Uniform Procedures Ordinance, by providing for Solar Access Procedures, Ordinance No. 83-038 (6/l/83). 22. An ordinance amending Ordinance No. 81-043, the Deschutes County Subdivision/Partition Ordinance to provide Solar Access performance standards, Ordinance No. 83-039 (6/1/83). 2 - EXHIBIT "A" 0095 0112 23. An ordinance amending PL -11 to provide for build- ing setback and solar access protection, Ordinance No. 83-041 (6/1/83). 24. An ordinance amending the General Plan redesigna- ting Murphy Road from a local street to a collector and redesignating Woodside Court to a local street, Ordinance No. 83-042 (4/20/83). 25. An ordinance adding the definitions for Time Share Units as a conditional use in PL -11, Ordinance No. 83-045 (6/15/83). 26. An ordinance amending the County Land Use Proce- dures Ordinance, deleting the Planning Commission from the quasi-judicial hearings body order, Ordinance No. 83-051 (6/15/83). 27. An ordinance amending Ordinance No. 80-226, creating a joint Bend Urban Area Planning Commis- sion, Ordinance No. 84-006 (4/4/84). 28. An ordinance amending the road or street minimum design standards of Ordinance 81-043, the Deschutes County Subdivision/Partition Ordinance, Ordinance No. 85-024 (8/14/85). 29. An ordinance amending the Bend Area General Plan adopting a transportation circulation element and adopting a bike plan map, Ordinance No. 85-025 (8/14/85). 30. An ordinance to amend PL -11, the Bend Urban Area zoning Ordinance, to regulate hydroelectric facilities, Ordinance No. 86-017 (6/30/86). 31. An ordinance amending the Bend Area General Plan by establishing Goals and Policies relating to the Deschutes River Corridor, Ordinance No. 86-020 (6/30/86). 32. An ordinance amending PL -11, the Bend Urban Area Zoning Ordinance, to revise references to the Procedures Ordinance, Ordinance No. 86-033 (4/2/86). 33. An ordinance amending PL -11 to modify penalty provision for ordinance infractions, Ordinance No. 86-034 (4/2/86). 34. An ordinance amending PL -11 to require certain restrictions and conditions of approval for land 3 - EXHIBIT "All 0095 0113 use actions on property adjacent to the Deschutes River, Ordinance No. 86-055 (6/30/86). 35. An ordinance amending Ordinance No. PL -11 to regulate fill and removal along the Deschutes River, Ordinance No. 86-058 (6/30/86). 36. An ordinance amending PL -11 to rezone certain property from Urban Standard Residential to Urban Medium Residential, Ordinance No. 86-065 (6/18/86) . 37. An ordinance establishing procedures for county ordinance infractions, Ordinance No. 86-076 (12/3/86). 38. An ordinance amending the Bend Urban Area General Plan to change the designation of certain property from residential to neighborhood commercial, Ordinance No. 87-002 (5/13/87). 39. An ordinance amending Ordinance No. 82-011, providing uniform land use procedures, Ordinance No. 87-008 (5/13/87). 40. An ordinance amending the Bend Area General Plan to change the designation of certain property from Urban Standard Residential to Highway Commercial, Ordinance No. 87-009 (3/11/87). 41. An ordinance amending the Bend Area Zoning Ordi- nance to rezone certain property from Standard Residential to Highway Commercial, Ordinance No. 87-010 (3/11/87) 42. An ordinance amending PL -11, the Bend Urban Area Zoning Ordinance to rezone certain property from Standard Residential to Neighborhood Commercial, Ordinance No. 87-012 (4/22/87). 43. An ordinance amending PL -11 to allow reduced setbacks for garages in the RL and RS zones, Ordinance No. 87-030 (10/14/87). 44. An ordinance amending PL -11 to allow certain automobile service stations within 1500 feet of each other, Ordinance No. 87-031 (9/29/87). 45. An ordinance amending Chapter 2.28 of the Deschutes County Code, establishing specific provisions relating to the Historic Preservation Ordinance, Ordinance No. 88-008 (8/10/88). 4 - EXHIBIT "A" 00'45 0114 46. An ordinance amending Ordinance No. 81-043, the Deschutes County Subdivision/Partition Ordinance relating to standards for streets and roads, Ordinance No. 88-015 (5/18/88). 47. An ordinance amending PL -11 rezoning certain property from Urban Standard Residential to Urban Medium Density Residential, Ordinance No. 88-016 (4/13/88) . 48. An ordinance amending the Sidewalk Requirements of Ordinance No 81-043, the Deschutes County Sub- division/Partition Ordinance, Ordinance No. 88-033 (10/5/88). B. The county ordinance amendments and changes cited above reflect all changes which Deschutes County has made to land use regulations within the Bend Urban Area. C. In addition to the ordinance amendments cited above, the county reviewed the city's zoning ordinance (ORS NS 1178) and adopted all ordinance amendments proposed by the city for the Periodic Review Order. (See Ordinance No. 88-042.) III. The Periodic Review Findings and Conclusions. A. The specific findings of the City of Bend Periodic Review Order are the same for the City of Bend as for the urban area of the county. B. The county participated with the city in the Periodic Review Order of the City of Bend. The Urban Area Advisory Committee and Urban Area Planning Commission are joint county/city commissions. C. The City of Bend has taken the lead in the urban area periodic review. The Urban Area Planning Commission is a joint county/city commission. The Board of County Commissioners accepts the recommendations of the Urban Area Planning Commission and adopts the city's findings contained in the City of Bend Period Review Order. D. Deschutes County has amended the Bend Urban Area Zoning Ordinance to include changes consistent with the City of Bend amendments for periodic review. In addition, the county has revised the Bend Urban Area Zoning Ordinance to include numerous other changes, not subject to the Periodic Review Order to make the city and county ordinances consistent. There are two exception which the county took to the city's ordi- nances. These include: 5 - EXHIBIT "A" 0095 01 i5 1. Section 28, PL -11, involving nonconforming uses. The County is amending PL -11 to include noncon- forming use language which reflects the require- ments of ORS 215.130. The county has made this change in order to make the nonconforming use section consistent with the Oregon Revised Statues for counties. 2. Section 26, PL -11, Bed and Breakfast. The county finds that the requirement for annual review of a bed and breakfast for at least the first three years after issuance of the permit, with the possibility of revoking the permit, is inappro- priate because it does not adequately describe the specific criteria for determining whether to revoke the permit. The county has proposed other language which allows regulation of the bed and breakfast and specifies what standards are to be considered in reviewing the use. 6 - EXHIBIT "A" • Y� 0®95 0116 EXHIBIT "B" DESCHUTES COUNTY PERIODIC REVIEW ORDER FOR THE SISTERS URBAN GROWTH BOUNDARY I. Introduction. In Deschutes County the cities have taken the lead in the review of ORS 197.640 for periodic review. The City of Sisters Periodic Review Order is being adopted by Deschutes County based upon the findings contained in the city document entitled "City of Sisters Periodic Review Order." II. Background Information. A. The county has adopted the following Comprehensive Plan and Land Use regulations within the Sisters Urban Growth Boundary. 1. An ordinance amending PL -16, the Sisters Urban Area Comprehensive Plan, Ordinance No. 80-224 (2/10/81) . 2. An ordinance amending PL -17, the Sisters Urban Growth Boundary Zoning Ordinance, Ordinance No. 80-225 (1/22/81). 3. The Deschutes County Sign Ordinance, Ordinance No. 81-009 (4/5/81). 4. An ordinance amending the Sisters Urban Growth Boundary Zoning Map and Zoning Ordinance, Ordi- nance No. 81-038 (6/1/81). 5. An ordinance amending PL -16, the Sisters Urban Area Comprehensive Plan Map, Ordinance No. 81-039 (6/l/81). 6. An ordinance adopting the Deschutes County Sub- division/Partition Ordinance, Ordinance No. 81-043 (12/31/81). 7. An ordinance amending PL -17, the Sisters Urban Growth Boundary Zoning Ordinance, rezoning certain property from Urban Area Reserve (UAR-10) to Urban Area Reserve (UAR-2 1/2), Ordinance No. 81-005 (12/20/81). 8. An ordinance establishing uniform land use proce- dures in Deschutes County, Ordinance No. 82-011 (8/3/82). 1 - EXHIBIT "B" 0095 0117 9. An ordinance amending PL -16, the Sisters Urban Area Comprehensive Plan, to expand the Sisters Urban Area Growth Boundary to include an addition- al 40 acres of land, Ordinance No. 83-047 (5/4/83). 10. An ordinance amending PL -17, the Sisters Urban Area Zoning Ordinance, to rezone certain property from F-3 to UAR-10, Ordinance No. 83-048 (5/4/83) 11. An ordinance amending the road and street minimum design standards of Ordinance No. 81-043, the Deschutes County Subdivision/Partition Ordinance, Ordinance No. 85-024 (8/24/85). 12. An ordinance amending PL -16, the Sisters Urban Area Comprehensive Plan, Ordinance No. 85-029 (8/14/85). 13. An ordinance amending the County Sign Ordinance, Ordinance No. 86-024 (4/2/86). 14. An ordinance amending Ordinance No. 81-043, the County Subdivision/Partition Ordinance, revising references to the Procedures Ordinance, Ordinance No. 86-030 (4/2/86). 15. An ordinance amending PL -17, the Sisters Urban Area Zoning Ordinance, revising reference to the Procedures Ordinance, Ordinance No. 86-038 (4/2/86). 16. An ordinance relating to violation of county ordinances, providing penalties for violation, Ordinance No. 86-076 (12/3/86). 17. An ordinance amending Chapter 2.28 of the Deschutes County Code, establishing specific regulations relating to historic preservation, Ordinance No. 88-008 (8/10/88) III. Periodic Review Findings and Conclusions. A. The background information cited above includes all ordinance amendments which effect land use in the Sisters Urban Area. These ordinance amendments are consistent with all changes made by the City of Sisters. The specific findings of the Sisters Periodic Review Order relating to all issues required for review are, therefore, the same for the urban area of the county as for the city. 2 - EXHIBIT "B" EXHIBIT "C" DESCHUTES COUNTY PERIODIC REVIEW ORDER FOR THE REDMOND URBAN GROWTH BOUNDARY I. Introduction. In Deschutes County, the cities have taken the lead in the review of ORS 197.640 for periodic review. The City of Redmond Periodic Review Order is being adopted by Deschutes County based upon the findings contained in the city document entitled "The City of Redmond Proposed Local Review." II. Background Information. A. The county has adopted the following Comprehensive Plan and Land Use Regulations within the Redmond Urban Growth Boundary: 1. The Redmond Urban Area Comprehensive Plan, Ordi- nance No. 80-202 (9/17/80). 2. The Redmond Urban Area Zoning Ordinance, Ordinance No. 80-201 (9/17/80). 3. An ordinance creating the Redmond Urban Area Planning Commission, Ordinance No. 80-227 (12/18/80). 4. An Ordinance amending Ordinance No. 80-201, providing new administrative procedures for the Urban Area Planning Commission within the Redmond Urban Growth Boundary, Ordinance No. 80-228 (12/31/80). 5. Deschutes County Sign Ordinance (4/6/81). 6. The Deschutes County Subdivision/Partition Ordi- nance No. 81-043 (12/31/81). 7. The Deschutes County Land Use Procedures Ordinance No. 82-011 (8/3/82). 8. An ordinance amending No. 82-011, providing uniform procedures for solar access permits, Ordinance No. 83-038 (6/1/83). 9. An ordinance amending the County subdivision/par- tition Ordinance No. 81-043 to provide solar access performance standards, Ordinance No. 83-039 (6/l/83). 1 - EXHIBIT "C" 0095 0120 10. An ordinance amending the Redmond Urban Area Zoning Ordinance No. 80-201 providing for building setbacks for solar access, Ordinance No. 83-040 (6/1/83). 11. An ordinance amending Ordinance No. 80-201, the Redmond Urban Area Zoning Ordinance, to provide recreational parks within mobile home parks, Ordinance No. 84-003 (1/18/84). 12. An Ordinance eliminating the requirement that appeals be heard by the Redmond Urban Area Plan- ning Commission, amending Ordinance No. 80-227, Ordinance No. 84-005 (4/4/84). 13. An ordinance amending Ordinance No. PL -18, the Redmond Urban Area Comprehensive Plan, by adopting the Redmond Canyon Plan and Map, Ordinance No. 84-025 (8/29/84). 14. An ordinance amending Ordinance No. 80-201, the Redmond Urban Area Zoning Ordinance, implementing the Redmond Canyon Plan, Ordinance No. 84-026 (8/29/84). 15. An ordinance amending the minimum design standards for subdivisions by amending Ordinance No. 81-043, Ordinance No. 85-024 (8/14/85). 16. An ordinance amending Ordinance No. PL -18, the Redmond Urban Area Comprehensive Plan, adopting a new transportation element, Ordinance No. 85-027 (8/14/85). 17. An ordinance amending Ordinance No. PL -18, the Redmond Urban Area Comprehensive Plan, by adopting an Access Management Plan, Ordinance No. 85-035 (12/4/85). 18. An ordinance amending the County Sign Ordinance No. 81-009, revising reference to the Procedures Ordinance, Ordinance No. 86-028 (4/2/86). 19. An ordinance amending Ordinance No. 81-043, the Deschutes County Subdivision/Partition Ordinance, to revise reference to the Procedures Ordinance, Ordinance No. 86-030 (4/2/86). 20. An ordinance amending Ordinance No. 80-201, the Redmond Urban Area Zoning Ordinance, revising reference to the Procedures Ordinance, Ordinance No. 86-031 (4/2/86). 2 - EXHIBIT "C" .Vr. Or, 21. An ordinance establishing for violations of county No. 86-076 (12/3/86). 0095 0121 infractions procedures ordinances, Ordinance 22. An ordinance amending Ordinance o. 82-011, provid- ing new procedures for land use actions, Ordinance No. 88-005 (5/18/88). 23. An ordinance amending Chapter 2.28 of the Deschutes County Code, relating to historic preservation, establishing a new historic preser- vation ordinance, Ordinance No. 88-008 (8/10/88). 24. An ordinance amending Ordinance No. 81-043, and establishing amendments to street and road stan- dards, Ordinance No. 88-015 (5/18/88). III. Periodic Review Findings and Conclusions. A. The background information cited above includes all ordinance amendments which affect all land use in the Redmond Urban Area Boundary. These ordinance amend- ments are consistent with all changes made by the City of Redmond. The specific findings of the Redmond Periodic Review Order relating to all issues required for review are, therefore, the same for the Redmond Urban Area of the county as for the city. B. The City of Redmond has taken a lead in the Urban Area for Periodic Review. The Urban Area Planning Commis- sion is a joint county/city commission. The Board of County Commissioners accepts the recommendations of the Urban Area Planning Commission and adopted the city's findings contained in the City of Redmond Order. C. There have been no Comprehensive Plan or Zoning Ordi- nance amendments in the Redmond Urban Growth Boundary since the acknowledgment of the Redmond Comprehensive Plan on March 20, 1981. 3 - EXHIBIT "C"