1993-13369-Ordinance No. 93-005 Recorded 4/26/199393-13369'
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC 4 ; OR8GM--
An Ordinance Amending Title 18 of
the Deschutes County Code, the
Deschutes County Zoning Ordinance,
Adding Standards to Implement the
Deschutes County Bicycle Master
Plan and Aspects of the State
Transportation Planning Rule, and
Declaring an Emergency.
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ORDINANCE NO. 93-005
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WHEREAS, the Deschutes County Bicycle Master Plan was adopted as
a Resource Element of the Deschutes County Comprehensive Plan on
December 5, 1990 (Ordinance No. 92-023).
WHEREAS, the State of Oregon has required that certain
ordinances be adopted by local jurisdictions to implement Statewide
Planning Goal 12, the Transportation Planning Rule, in particular
OAR 660 -12 -045(3)(a -d).
WHEREAS, the Deschutes County Planning Commission, after review
conducted in accordance with applicable law, has recommended
approval of the proposed Text Amendments to the Deschutes County
Comprehensive Plan and Title 18.
WHEREAS, after notice was given and hearing conducted in
accordance with applicable law, the Board of County Commissioners
have considered the Planning Commission's recommendation; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. Section 18.04.030, Definitions, is amended to add
new definitions, as follows (with deleted wording in brackets and
added wording in underline and bold):
18.04.030 Definitions
Bicycle. A vehicle designed to operate on the ground on wheels,
propelled solely by human power, upon which any person or
persons may ride, and with every wheel more than 14 inches in
diameter or two tandem wheels either of which is more than 14
inches in diameter or having three wheels in contact with the
ground, any of which is more than 14 inches in diameter.
Bicycle Facilities. A general term denoting improvements and
provisions made to accommodate or encourage bicycling, including
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arkinct facilities, all bikeways, and shared roadways not
specifically designated for bicycle use.
Bikeway. Any road, path or way which in some manner is
specifically designated as being open to bicycle travel
regardless of whether such facility is designated for the
exclusive use of bicycles or is shared with other transportation
modes.
Bicycle commuter facilities. Shower(s) and changing room(s)
provided in commercial and public buildings employing at least
25 people. Such facilities may be part of regular bathroom
facilities.
Pedestrian Facilities: Improvements which provide for public
pedestrian foot traffic including sidewalks, walkways,
crosswalks and other improvements, such as lighting and benches
which make it safe or convenient to walk.
Transit Route: An existing or planned route for public service
in the local or regional transportation plan.
Transit Facility: Improvements at selected Rgints along transit
routes for passenger pick-up, drop-off and waiting. Facilities
and improvements may include shelters, benches, signs and
structures and other improvements to provide security,
protection from the weather and access to nearby services.
Section 2. The definition of Bicycle Route, found as part of
the definition of Road or Street in Section 18.040.030,
Definitions, is amended to read as follows, (with deletions
bracketed and additions in bold and underlined):
C. Bicycle Route. [A right-of-way for bicycle traffic.] A
segment of a bikeway system designated with appropriate
directional and information markers by the jurisdiction
having authority.
Section 3. Subsection 18.116.030(E)(c) of Section 18.116.030
Location of Parking Facilities, is amended to add to following:
Off -Street motor vehicle parking for new commercial
developments in excess of 10,000 square feet shall be located at
the side or behind the building(s).
Section 4. Chapter 18.116 is amended to add a new Section
18.116.031, Bicycle Parking, as follows:
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1'18.116.031 Bicycle Parking. New development and any
construction, renovation or alteration of an existing use requiring
a site plan review under this Title for which planning approval is
applied for after the effective date of Ordinance 93-005 shall
comply with the provisions of this Section.
A. Number and Type of Bicycle Parking Spaces Required.
a. General Minimum Standard. All uses that require off-
street motor vehicle parking shall except as specifically
noted, provide one bicycle parking space for every five
required motor vehicle parking spaces. Except as
specifically set forth herein, all such parking facilities
shall include at least two sheltered parking spaces or,,
where more than 10 bicycle spaces are required, at least 50%
of the bicycle parking spaces shall be sheltered.
b. Special Minimum Standards.'
in Multi -family residences. Every residential use of four
or more dwelling units shall provide at least one
bicycle, parking space for each unit. In those
instances in which the residential complex has no
garage, required spaces shall be sheltered.
121 Parking Lots. All public and commercial parking lots
and parking structures shall provide a minimum of one
bicycle parking space for every ten motor vehicle
parking spaces.
Schools. Secondary schools, both public and private,
shall provide one bicycle parking space for every ten
students. all of which shall be sheltered.
141 Colleges. One half of the bicycle parking spaces at
colleges, universities and trade schools shall be
sheltered facilities.
C. Trade Off with Motor Vehicle Parking Spaces.
1-11 One motor vehicle parking space may be deleted from the
required number of spaces in exchange for providing
required bicycle parking. Any deleted motor vehicle
space shall be replaced with at least five bicycle
spaces. If such additional parking is to be located in
the area of the deleted automobile parking space, it
must meet all other bicycle parking standards.
j.a_ The Hearings Body or Planning Director may authorize
additional bicycle parking in exchange for required
motor vehicle Darkina in areas of demonstrated,
anticipated, or desired high bicycle use.
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d. Calculating number of bicycle spaces.
(1) Fractional spaces shall be rounded up to the next whole
space.
(21 For facilities with multiple uses (such as a commercial
center) bicycle parking requirements shall be
calculated by using the total number of motor vehicle
spaces required for the entire development.
B. Bicycle Parking Design.
a. General Description.
Sheltered Parking. Sheltered parking may be provided
within a bicycle storage room, bicycle locker, or racks
inside a building; in bicycle lockers or racks in an
accessory narking structure; underneath an awning,
eave, or other overhang; or by other facility as
determined by the Hearings Body or Planning Director
that protects the bicycle from direct exposure to the
elements.
M Unsheltered parking may be provided by bicycle racks.
b. Location.
in Required bicycle parking that is located outdoors shall
be located on-site within 50 feet of main entrances and
not farther from the entrance than the closest motor
vehicle parking space. Bicycle parking shall be
located in areas of greatest use and convenience to
bicyclists. Such bicycle parking shall have direct
access to both the public right-of-way and to the main
entrance of the principal use.
LU Bicycle parking facilities shall be separated from
motor vehicle parking and drive areas by a barrier or
sufficient distance to prevent damage to the parked
bicycle.
.LU Where bicycle parking facilities are not directly
visible and obvious from the public rights) -of -way,
employer, as appropriate.
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c. Dimensional Standards.
L11 Each bicycle parking space shall be at least 2 by 6
feet with a vertical clearance of 7 feet.
An Access aisle of at least 5 feet wide shall be
provided and maintained beside or between each row of
bicycle parking.
LU Each required bicycle parking space shall be accessible
without moving another bicycle.
d. Surface. The surface of an outdoor parkin facility _shall be
surfaced in the same manner as the motor vehicle parking area
or with a minimum of one inch thickness of aggregate material
This surface will be maintained _in_a smooth. durable. and
well -drained conditio
e. Security.
Bicycle parking facilities shall offer security in the
form of either a lockable enclosure in which the
bicycle can be stored or a stationary object (i.e., a
"rack") upon which the bicycle can be locked.
Structures that require a user -supplied lock shall
accommodate both cables and U-shaped locks and shall
permit the frame and both wheels to be secured
(removing the front wheel may be necessary). All
bicycle racks, lockers, or other facilities shall be
permanently anchored to the surface of the ground or to
a structure.
121 Lighting shall be provided in a bicycle parking area so
that all facilities are thoroughly illuminated and
visible from adjacent sidewalks or motor vehicle
parking.
f. Other means that provide the above level of big c a parking
may be approved by the Hearings Body or the Planing Director.
Section 5. Chapter 18.116, Supplementary Provisions, is amended
to add a new section 18.116.035, Bicycle Commuter Facilities, as
follows:
1118.116.035 Bicycle Commuter Facilities
A. Each commercial or public buildina_havina a work force of at
least 25 people shall have bicycle commuter facilities
consisting of shower(s) and changing room(s). For facilities
with more than one building (such as a college), bicycle
commuter facilities may be located in a central location.
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B. This provision shall apply to (1) new development requiring
off-street parking and (2) any construction, renovation or
alteration of an existing use requiring a site plan review
under this Title for which planning approval is applied for
after the effective date of Ordinance 93-005.
Section 6. Section 18.124.020, Elements of a Site Plan, is
amended to read as follows (with additions bolded):
"The elements of a site plan are: the layout and design of
all existing and proposed improvements, including, but not
limited to, buildings, structures, parking, circulation
areas, outdoor storage areas, bicycle parking, landscape
areas, service and delivery areas, outdoor recreation areas,
retaining walls, sighs and graphics, cut and fill actions,
accessways, pedestrian walkways, buffering and screening
measures and street furniture."
Section 7. Subsection 18.124.040(D) of Section 18,124.040,
Contents and Procedure, is amended to add new subsections
18.124.040(D)(q) and (r) as follows, and to renumber current
Subsection 18.124.040(D)(q) to 18.124.040(D)(s):
D. The site plan shall indicate the following:
a. Bicycle parking facilities with location of racks, signage,
lighting, and showing the design of the shelter for long-term
parking facilities.
r. Any required bicycle commuter facilities.
[q]B.Other site elements and information which will assist in the
evaluation of site development.
Section 8. Section 18.124.070, Required Minimum Standards, is
amended as follows:
C. Non -Motorized Access:
in Bicycle Parking. The development shall provide the
number and tvpe of bicycle parking facilities as
required in Sections 18.116.031 and 18.116.035 of this
title. The location and design of bicycle parking
facilities shall be indicated on the site plan.
j21 Pedestrian Access and Circulation:
tal Internal pedestrian circulation shall be provided in
new commercial, office and multi -family residential
developments through the clustering of buildings,
construction of hard -surface pedestrian walkways and
similar techniques.
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I-bl Pedestrian walkways shall connect building entrances to
one another and from building entrances to public
streets and existing or planned transit facilities.
On-site walkways shall connect with walkways,_
sidewalks, bikeways, and other pedestrian or bicycle
connections on adjacent properties planned or used for
commercial, multi -family, public or park use.
,.(cl Walkways shall be at least five (5) feet in paved
unobstructed width. Walkways which border parking
spaces shall be at least seven (7) feet wide unless
concrete bumpers or curbing and landscaping or other
similar improvements are provided which prevent parked
vehicles from obstructing the walkway. Walkways shall
be as direct as possible.
LdZ Driveway crossings by walkways shall be minimized.
Where the walkway system crosses driveways, parking
areas and loading areas, the walkway must be clearly
identifiable through the use of elevation changes,
speed bumps, a different paving material or other
similar method.
(e)_ To comply with the Americans with Disabilities Act, the
primary building entrance and any walkway that connects
a transit stop to building entrances shall have a
maximum slope of 5%. Walkways up to 8% slope are
permitted, but are treated as ramps with special
standards for railings and landings.
3. Commercial Development Standards:
j a1 New commercial buildings shall be sited at the front
vard setback line for lots with one frontacte. and at
both front yard setback lines for corner lots. For
lots with more than two front yards, the building(s)
shall be oriented to the two busiest streets. The
building(s) and any eaves, overhangs, or awnings shall
not interfere with the required clear vision area at
corners or driveways.
u Off-street motor vehicle parking for new commercial
developments in excess of 10,000 square feet shall be
located at the side or behind the building(s).
Section 9. Section 18.128.040(L) of Section 18.128.040,
Specific Use Standards, concerning Multi -Family Dwelling
Complexes, is amended to amend subsection 118.128.040(L)(b) to
read as follows (with additions in bold):
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"L. Multi -Family Dwelling Complex. A Multi -family dwelling
complex shall comply with the following provisions
prior to occupancy:
b. There shall be no outdoor storage of furniture, tools,
equipment, building materials or supplies belonging to
the occupants or management of the complex. Bicycle
storage shall be allowed in the provided sheltered
bicycle parking facilities (one parking space per unit
for complexes of four (4) units or more)."
Section 10. Section 18.128.040(P) of Section 18.128.040,
Specific Use Standards, concerning Cluster Developments, is amended
to add new subsections (11) and (12) as follows:
P. Cluster Development (Single -Family Residential Uses Only).
11. Private developments with private roads shall provide
bicycle and pedestrian facilities. If the bikeways are
constructed as a part of the private roadway, they shall
be at least four (4) feet wide on each side of the
uncurbed roadway, resulting in a minimum total roadway
width of 28 feet. If the private roads are constructed to
the minimum standard width of 20 feet, separated bike
paths built to County standards shall be provided. If
separated paths are meant to be shared by pedestrians or
other users, the minimum width shall be 12 feet. Bicycle
and pedestrian facilities shall connect with the County
bicycle and pedestrian transportation system.
12. Bicycle and pedestrian connections shall be provided at
the ends of cul-de-sacs, at mid -block, between subdivision
plats, etc., in the following situations. Connections
shall have a 20 -foot right-of-way; with at least a 10 -
foot -wide useable surface, shall be as straight as
possible, and shall not be more than 400 feet long.
a. In residential areas and industrial _parks _wherethe
addition of a connection would reduce the walking or
cycling distance to an existing or planned transit
stop, school, shopping center, or neighborhood park by
400 feet and by at least 50% over other_ available
routes.
b. For schools or commercial uses where the addition_ of a
connection would reduce walking or cycling distance to
an existing or planned transit.stop, school, shopping
center, or neighborhood park by 200 feet or by at least
50% over other available routes.
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c. For cul-de-sacs or dead end streets where a street
connection is determined by the Hearings Officer or
Planning Director to be infeasible or inappropriate.
Section 11. Section 18.128.040(Q)(a) of Section 18.128.040,
Specific Use Standards, concerning Planned Developments, is amended
to read as follows:
Q. Planned Development.
a. Such uses.......
3. Circulation pattern, including bicycle and pedestrian
circulation and a demonstration of how those facilities
connect to the County transportation facilities. Private
developments with private roads shall provide bicycle and
pedestrian facilities.
4. Bicycle and pedestrian connections shall be provided at the
ends of cul-de-sacs, at mid -block, between subdivision plats,
etc., wherever the addition of such a connection would reduce
the walking or cycling distance to a connecting street by 400
feet and by at least 50% over other available routes. These
connections shall have a 20 -foot right-of-way, with at least
a 10 -foot -wide useable surface, and should not be more than
100 feet long if possible.
(Renumber remaining sections accordingly.)
Section 12. This ordinance is supported by the staff report
attached hereto as Exhibit "A" and by this reference incorporated
herein.
Section 13. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of any ordinance,
ordinance provision, or code section by this ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability incurred under such ordinance, unless a provision of this
ordinance shall so expressly provide, and such ordinance repealed
shall be treated as still remaining in force for the purpose of
sustaining any proper action or prosecution for the enforcement of
such duty, condition, penalty, forfeiture, or liability, and for
the purpose of authorizing the prosecution, conviction and
punishment of the person or persons who violated the repealed
ordinance.
Section 14. SEVERABILITY. The provisions of this ordinance are
severable. If any section, sentence, clause, or phrase of this
ordinance or any exhibit thereto is adjudged to be invalid by a
court or other reviewing body of competent jurisdiction that
decision shall not affect the validity of the remaining portions of
this ordinance or exhibit thereto.
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Section 15. EMERGENCY. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on
its passage.
DATED this cqLat- day of April, 1993.
BOARD OFOUNTY COMMISSIONERS OF
DESCHU� OUNTY, OREGON
T ST:
Recording S cretary
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B.H. SLAUGHTE ,Commissioner
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