1993-32067-Ordinance No. 93-043 Recorded 8/26/19930
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93-3205"
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 18 of
the Deschutes County Code, the
Deschutes County Zoning Ordinance,
Adding an Exception to the Front
Setback Requirement for New
Commercial Buildings, Amending
Nonconforming Use Provisions and
Making Other Clarifications and
Corrections and Declaring an
Emergency.
ORDINANCE NO. 93-043
WHEREAS, it is desirable to amend Title 18 requirements
concerning front yard setbacks for new commercial buildings to
allow a greater setback than the minimum required;
WHEREAS, it is desirable to amend Title 18 to allow for the
expansion of non -conforming structures in certain instances; and
WHEREAS, the Board of County Commissioners finds that certain
additional changes to Title 18 are desirable to correct inadvertent
errors in grammar and punctuation and to otherwise clarify and
streamline the County's zoning code; and
WHEREAS, the Deschutes County Planning Commission, after
review conducted in accordance with applicable law, has recommended
approval of the proposed Text Amendment to 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 recommendation; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS as follows:
Section 1. The following definitions from Chapter 18.04,
Section 18.04.030, Definitions, are amended to read as follows:
"Basement. A story partly or wholly underground. A
basement shall be counted as a story in building height
measurement when the floor level directly above is more than
six feet above the average level of the adjoining [grounds]
grade."
"Bed or Banks of Stream or River. The physical container
of the waters of a stream or river lying below bank -full
stage[,] and the land 10 feet on either side of the
container." 'It,144 61E ;
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ORDINANCE -043 93-043 ( 8/25/93 ) ��,.., 4✓ 4.1993
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0127-1112
"Boat Dock or Pier, Community. A personal use boating
structure that is built over or [floating] floats upon the
water of a lake, river or stream, [which] that serves more
than one property owner for the mooring of boats or as a
landing place for marine transport, and that has [having] a
surface area of 320 square feet or less."
"Boat Dock or Pier, Individual. A personal use boating
structure that is built over or [floating] floats upon the
water of a lake, river or stream, [which] and that serves one
property owner for mooring boats or as a landing place for
marine transport, and that has [having] a surface area of 160
square feet or less."
"Cluster Development. A planned development, at least 5
acres in area, permitting the clustering of single or multi-
family residences on one part of the property, with individual
lots not exceeding 2 acres in size. Individual lots are
contiguous to one another except for occasional corridors to
allow for human passage, wildlife travel[,] or natural
features such as a stream or bluff. No commercial or
industrial uses are permitted."
"Community Service Use. Any public or semi-public uses,
such as landfills, schools, utility facilities, churches,
community buildings, fire stations, cemeteries, mausoleums,
crematories, airports and private uses which attract
significant numbers of people, such as airports, livestock
sales yards and other similar uses."
"Dwelling, Single -Family. A detached building containing
one dwelling unit and designed for occupancy by one family
only, not including manufactured homes[,] and such temporary
structures as tents, [teepees] tepees, travel trailers and
other similar [uses] structures."
"Geothermal Resource, High -Temperature. Any groundwater,
steam[,] or other fluid 250 degrees F. or greater which is
used for its thermal characteristics."
"Geothermal Resource, Low -Temperature. Any groundwater,
steam[,] or other fluid less than 250 degrees F. which is used
for its thermal characteristics."
"Grade (Ground Level). The average of the finished
ground elevations [ at the centers] of all walls of a building.
[The elevation nearest the center of the wall shall constitute
the ground level.] For purposes of height determination in
the Landscape Management Combining Zone, grade shall be the
average of natural ground elevations prior to construction for
the wall closest to and facing the road, river or stream."
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"Land Development. The division of land into parcels
[of] or lots for any purpose or the creation of units or
parcels for the purpose of sale or lease for a term of one
year or more. Includes the intent for disposition of any
land, whether contiguous or not, including any land divided,
lots, parcels, units or interests offered as a part of a
common promotional plan of advertising and disposition by a
single developer or group of developers acting in concert. If
the land is contiguous or is known, designated or advertised
as a common unit or by a common name, the land shall be
presumed, without regard to the number of lots covered by each
individual offering, to be offered for disposition as part of
a common promotional plan."
"Legislative. A planning or zoning action resulting in
a general rule or policy which is applicable to an open class
of [individual] individuals or situations."
"Livestock Feed Lot. An enclosure designed or used for
the purpose of the concentrated feeding or fattening of
livestock for commercial slaughter."
"Livestock Sales Yard. An enclosure or structure
designed or used for holding livestock for purposes of sale or
transfer by auction, consignment[,] or other means."
"Marina. A structure [or structures] built over or
floating upon the waters of a lake, river, stream or man-made
waterway that provides moorage, launching, storage, supplies
and services for recreational and/or commercial marine
transport."
"Mineral. Includes, but is not limited to soil, select
fill, coal, clay, stone, sand, gravel, aggregate, pumice,
cinders, metallic ore[,] and any other inorganic solid
excavated from a natural deposit in the earth for commercial,
industrial or constructional use."
"Mitigation. The minimizing or offsetting of impacts by
the provision of on- or off-site improvement or compensation
which benefits impacted property owners, resources and the
public interest. Mitigation measures include, but are not
limited to, the provision of additional fish and wildlife
habitat, conservation easements, on- and off-site screening
and buffering, compensation for the maintenance of existing
off-site screening, fees in lieu of improvements[,] and
similar arrangements which are agreed to in writing by the
affected parties[,] and which relate to and are necessitated
by a surface mining development or operation."
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"Open Space. Lands used for agricultural or forest
uses[,] and any land area that would, if preserved and
continued in its present use, conserve and enhance natural or
scenic resources; protect air, streams or water supply;
promote conservation of soils, wetlands, beaches or marshes;
conserve landscaped areas such as public or private golf
courses, that reduce pollution and enhance the value of
adjoining or neighboring property; enhance the value to the
public of adjoining or neighboring parks, forests, wildlife
preserves, nature reservations or other open spaces; enhance
recreation opportunities; preserve historic, geological and
archeological sites; promote orderly urban development; and
minimize conflicts between farm and non-farm uses."
"Ordinary High Water Mark (OHWM). The highest [line]
level on the bank or shore of a lake, river or stream to which
the water ordinarily rises annually in season."
"Ordinary Low Water Mark (OLWM). The lowest [line] level
on the bank or shore of a lake, river or stream to which the
water ordinarily recedes annually in season."
"Penstock. Any conduit or other structure which is or
may be used to convey water to the driving mechanism of [the]
a generator."
"Person. A natural person, firm, partnership,
association, social or fraternal organization, corporation,
trust, estate, receiver, syndicate, branch of government[,] or
any group or combination acting as a unit."
"Provide. Prepare, plan for[,] and supply what is
needed."
"Sian. An identification, description, illustration[,]
or device which is affixed to or represented, directly or
indirectly, upon a building, structure[,] or land, and which
directs attention to a product, place, activity, person,
institution or business."
"Stable, Private. A detached accessory building for the
keeping of horses owned by the occupants of the premises [and
which are not kept for remuneration or profit]."
"Surface mining, minerals. Includes, but is not limited
to, soil, select fill, coal, clay, stone, sand, gravel,
aggregate, pumice, cinders, metallic ore[,] and any other
inorganic solid excavated from a natural deposit in the earth
for commercial, industrial or construction use."
"Trailer. Any portable unit designed and built to be
towed on its own chassis, comprised of frame and wheels, and
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which does not fall within the definitions of vacation
trailer, manufactured home or prefabricated house. Includes
boat trailers, bunk trailers, portable schoolrooms[,] and
industrial, commercial or public offices and accessory uses."
"Walkway. A structure that is built over or floats
[floating] upon the waters of a lake, river or stream and that
provides access to a boat dock or pier."
"Wetland. [Those] An area[s] that [are] is inundated or
saturated by surface or ground water at a frequency or
duration sufficient to support, and that under normal
circumstances [do] does support a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Wetlands include swamps, marshes, bogs and other similar
areas."
"Yard, Rear. A yard between side lot lines measured
horizontally at right angles from the [side] rear lot line to
the nearest point of a building."
Section 1A. Section 18.04.030, "Definitions," is amended to
delete the definition of "Public Utility Water System."
Section 1B. A new definition, "Road and Street Projects," is
added to and made a part of Section 18.04.030, "Definitions," as
follows:
"Road and Street Project. The construction and
maintenance of the roadway, bicycle lanes, sidewalks or other
facilities related to a road or street. Road and street
projects shall be a Class I, Class II or Class III project.
A. Class I Project. Land use permit required. "Class
I Project" is a major project such as (1) a new
controlled -access freeway; (2) a road or street project
of four or more lanes on a new location; and (3) a major
project involving the acquisition of more than minor
amounts of rights-of-way, substantial changes in access
control, a large amount of demolition, displacement of a
large amount of residences or businesses or substantial
changes in local traffic patterns.
B. Class II Project. Land use permit required. "Class
II Project" is a (1) modernization where a road or street
is widened by more than one lane; (2) traffic safety or
intersection improvement which changes local traffic
patterns; (3) system change which has significant land
use implications; or (4) the construction of a new county
road or street where none existed before.
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C. Class III Project. No land use permit required.
"Class III Project" is a modernization, traffic safety
improvement, maintenance, repair or preservation of a
road or street."
Section 2. Chapter 18.08, Section 18.08.020, is amended to
read as follows:
"18.08.020 Existing Agreements and Zoning Permits.
This title does not repeal, abrogate or impair any
existing easements, covenants, deed restrictions or zoning
permits such as preliminary plat and partition approvals,
conditional use permits, nonconforming use permits, temporary
use permits, special exceptions[,] or building permits."
Section 3. Subsection (E) of Section 18.16.060, "EFU Zones
- Dimensional Standards," is amended to read as follows:
"E. Building Height. No building or structure shall be
erected or enlarged to exceed thirty (30) feet in height,
except as allowed under Section [18.129.040] 18.120.040."
Section 4. Section 18.32.020, 11MUA-10 - Uses Permitted
Outright" is amended to read as follows:
"18.32.020 Use Permitted Outright.
The following uses and their accessory uses are
permitted outright:
A. Farm uses as defined in this title.
B. A single family dwelling[s], [and accessory uses]
or a manufactured home subject to Section 18.116.070.
[C. Manufactured homes in accordance with Section
18.116.070.]
[D]C. Propogation or harvesting of a forest product.
D. Class I and II road or street project subject to
approval as part of a land partition, subdivision or subject
to the standards and criteria established by Section
18.116.230.
B. Class III road or street project."
Section 4A. Subsection (C) of section 18.32.030, "MUA-10 -
Conditional Uses Permitted," is amended to read as follows:
6 - ORDINANCE NO. 93-043 (8/25/93)
"C. Commercial activities in conjunction with farm use. The
commercial activity shall be associated with a farm use
occurring on the parcel where the commercial use is proposed.
The commercial activity may use, process, store or market farm
products produced in Deschutes County or an adjoining county."
Section 4B. Section 18.32.030, "MUA-10 - Conditional Uses
Permitted," is amended to add as new listed uses the uses of
"Cemetery, mausoleum or crematorium," as subsection (Z).
Section 5. The Title of Section 18.40.100, "Rimrock
Setbacks," is amended to read 18.40.130, "Rimrock Setbacks."
Section 6. Section 18.48.010, "OS&C - Purpose," is
amended to read as follows:
"18.48.010. Purpose.
The purpose of the Open Space and Conservation Zone is to
protect designated areas of scenic and natural resources; to
restrict development [from] in areas with fragile, unusual[,]
or unique qualities; to protect and improve the quality of the
air, water and land resources and to plan development that
will conserve open space."
Section 7. Section 18.52.030, "SM - Uses Permitted
Outright," is amended to read as follows:
"18.52.030 Uses Permitted Outright.
The following uses and their accessory uses are permitted
outright:
A. Farm uses as defined in this title.
B. Forest uses as defined in this title.
C. One temporary or portable residence when necessary
to house a caretaker or a night watchman.
D. Land Disposal Site as defined in this title for
which the operator possesses a valid DEQ permit on the
effective date of Ordinance No. 92-066.
E. Class I and II road or street project subject to
approval as part of a land partition, subdivision or subject
to the standards and criteria established by Section
18.116.230.
F. Class III road or street project."
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Section 7A. The first paragraph of Section 18.52.110, "SM -
General Operational Standards," is amended to read as follows:
"Prior to the [commencement] start of any surface mining
activity[,] and no later than site plan review, if such review
is required under this Section, the applicant shall
demonstrate that the following standards are or can be met by
the surface mining operation:"
Section 7B. Subsection (I)(b) of Section 18.52.110, "SM -
General Operational Standards," is amended to read as follows:
"b. No surface mining activity [will] shall be conducted on
Sundays or the following legal holidays: New Year's Day,
Memorial Day, July 4th, Labor Day, Thanksgiving Day,
Christmas Day."
Section 7C. Subsection (L) of Section 18.52.110, "SM -
General Operational Standards," is amended to read as follows:
"L. Fish and Wildlife Protection.
a. Fish and wildlife values and habitat required by the
site-specific ESEE analysis to be conserved and protected are
conserved and protected[,] by use of methods including, but
not limited to: seasonal operations and access road closures;
retention of or creation of vegetative cover and riparian
habitat; and erection of fencing or other barriers to protect
wildlife from steep extraction site slopes.
b. Mitigation, as defined in this title, will be provided to
compensate for any loss of fish and wildlife habitat caused by
the surface mining activity which habitat is required to be
protected by the site-specific ESEE analysis. When mitigation
is provided, the type and effectiveness of mitigation required
has been determined by the Planning Director or Hearings Body
to be appropriate[,] from available evidence and[,] in
consultation with the Oregon Department of Fish and Wildlife."
Section 7D. Section 18.52.170, "SM - Use Permits," is amended
to read as follows:
"18.52.170 Use Permits.
Following site plan approval and prior to [commencement of]
starting any surface mining activities on the site, the
Planning Director or designee shall physically review the site
for conformance with the site plan. When it is determined by
the Planning Director or designee that all elements of the
approved site plan required for mining have been completed and
the reclamation plan has received final approval, the Planning
Director or designee shall issue a use permit. No mining
8 - ORDINANCE NO. 93-043 (8/25/93)
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activity shall [commence] start prior to the issuance of such
use permit."
Section 8. Section 18.60.020, 11RR-10 - Uses Permitted
Outright," is amended to read as follows:
"18.60.020 Uses Permitted Outright.
The following uses and their accessory uses are permitted
outright.
A. A single-family dwelling, or a manufactured home
subject to Section 18.116.070.
B. Utility facilities necessary to serve the area
including energy facilities, water supply and treatment and
sewage disposal and treatment.
C. Community center, if shown and approved on the
original plan or plat of the development.
D. Farm use as defined in ORS 215.203(2).
E. Class I and II road or street project subject to
approval as part of a land partition, subdivision or subject
to the standards and criteria established by Section
18.116.230.
F. Class III road or street project."
Section 8A. Subsections (C) through (Q) of Section 18.60.030,
11RR-10 - Conditional Uses Permitted," are renumbered as (B) through
(P)•
Section 8B. Section 18.60.030, "RR -10 - Conditional Uses
Permitted," is amended to add as new listed uses the uses "Public
Uses," and "Semi -Public Uses," as subsections (Q) and (R)
respectively.
Section 9. Section 18.64.020, "RSC - Uses Permitted
Outright," is amended as to read as follows:
"18.64.020 Uses Permitted Outright
In an RSC Zone, the following uses and their accessory
uses are permitted outright[, subject to the terms of Section
18.64.100]:
A. Farming, excluding livestock feed lot or sales yard,
subject to restrictions in Section 18.64.040, and hog and mink
farms .
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B. Single-family dwelling (residence], or a
manufactured home subject to Section 18.116.070.
C. Retail store, office, or service establishment.
D. Automobile service station.
E. Agriculturally oriented commercial use.
F. Park, playground or community building.
G. Utility facility, except landfills.
H. Television or radio station, transmitter or
tower.
I. Restaurant or cocktail lounge.
J. Class I and II road or street project subject to
approval as part of a land partition, subdivision or subject
to the standards and criteria established by Section
18.116.230.
R. Class III road or street project."
Section 9A. Section 18.64.030, "RSC - Conditional Uses
Permitted," is amended to add the uses of "Public Use," and "Semi-
public Use," as subsections (R) and (S) respectively.
Section 9B. Section 18.64.100, "Site Plan Review," is
deleted.
Section 10. Section 18.68.020, "RSR -M - Uses Permitted
Outright," is amended to read as follows:
1118.68.020 Uses Permitted Outright.
The following uses and their accessory uses are permitted
outright.
A. Farming, excluding livestock feed lot or sales yard,
subject to the restrictions in Section 18.68.040, and hog and
mink farms.
B. The propagation and harvesting of forest products.
C. Single-family dwelling, or a manufactured home
subject to Section 18.116.070.
D. Park, playground or community building.
E. Utility facility.
10 - ORDINANCE NO. 93-043 (8/25/93)
F. Church, public school, cemetery.
G. Class I and II road or street project subject to
approval as part of a land Partition, subdivision or subject
to the standards and criteria established by Section
18116.230.
H. Class III road or street project."
Section 10A. Section 18.68.030, "RSR -M - Conditional Uses
Permitted," is amended to add as a new listed uses the use of
"Public Use," as subsection (N).
Section 11. Section 18.76.020, "AD - Uses Permitted
Outright," is amended to read as follows:
"19.76.020 Uses Permitted Outright.
The following uses and their accessory uses are permitted
outright:
A. Airport and non-structural uses such as fuel
storage, tie -down areas and parking facilities.
B. Hangars, aircraft site, sale and repair facilities
and related offices.
C. Class I and II road or street project subject to
approval as part of a land partition, subdivision or subject
to the standards and criteria established by Section
18.116.230.
D. Class III road or street project."
Section 12. Section 18.84.070, "LM - Application," is
amended to renumber existing subsection (D) as subsection (C) and
existing subsection (D) as subsection (C).
Section 12A. Subsection (C) of Section 18.84.080, "LM -
Design Review Standards," is amended to read as follows:
"C. No large areas, including roofs, shall be finished with
white, bright or reflective material. [Metal roofing]
Roofing, including metal roofing, [material is permitted
if it is] shall be non -reflective and of a color which
blends with the surrounding vegetation and landscape."
Section 12B. Subsection (G) of Section 18.84.080, "LM -
Design Review Standards," is amended to read as follows:
"G. New [residential] exterior lighting, including security
lighting, shall be sited and shielded so that it is
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directed downward and is not directly visible from the
designated road, river or stream."
Section 13. The section summary found at the beginning of
Chapter 18.88, Wildlife Area Combining Zone, is amended to renumber
"18.11.010, Purposes," to read "18.88.010, Purposes."
Section 13A. Section 18.88.010, "WA - Purpose," is amended
to read as follows:
"18.88.010 Purpose.
The purpose of the Wildlife Area Combining Zone is to conserve
important wildlife areas in Deschutes County; to protect an
important environmental, social[,] and economic element of the
area; and to permit development compatible with the protection
of the wildlife resource."
Section 14. Section 18.90.020, "SBMH - Definition of
Habitat Sites," is amended to read as follows:
"1. The sensitive habitat site to be protected by the
provisions of this Chapter is defined as the area:
1. Within a radius of 1320 feet of a golden eagle
nest, bald eagle nest, prairie falcon nest, osprey
nest, sage grouse lek, or a Townsend's big -eared
bat hibernating or nursery site.
2. Within a radius of 300 feet of a great blue heron
rookery.
3. Within a radius of 900 feet of a great grey owl
nest site.
For purposes of triggering the review process set forth in
this Chapter, where the precise location of the nest,
hibernation or nursery site or rookery can be located only to
the nearest quarter section, the nest, lek, hibernation or
nursery site or rookery shall be deemed to take up the entire
quarter section.
2. Habitat sites located on federal land are not subject to
the provisions of this chapter unless the habitat area
identified in Section [00.00.020 (1)] 18.90.020 (1)
extends onto non-federal land."
Section 14B. The section number currently set forth as
Section 18.90.0601 in Chapter 18.90 is renumbered Section 18.90.060
and that section, as renumbered, is amended to read as follows:
12 - ORDINANCE NO. 93-043 (8/25/93)
"Section 18.90.060 Management Plan Requirement.
For those proposals to be sited on [proposed for] a lot
or parcel [lying] located within a habitat site, as defined
under Section 18.90.020 and [a] verified by ODFW under Section
18.90.040, a management plan shall be prepared in accordance
with the requirements of this section prior to acceptance of
an application subject to this Chapter."
Section 15. Section 18.96.030, "FP - Uses Permitted
Outright," is amended to read as follows:
1118.96.030 Uses Permitted Outright.
The following uses and their accessory uses are permitted
outright:
A. Agricultural use conducted without establishing or
utilizing a structure. For puposes of this paragraph, a
"structure" does not include a boundary fence as long as such
fence is designed to impede as little as possible the movement
of floodwaters and flood -carried material.
B. Management, propagation and harvesting of a forest
product.
C. Open space.
D. Portions of a residential use that do not contain
structures, such as lawn, garden or play areas.
E. Class I and II road or street project subject to
approval as part of a land partition, subdivision or subject
to the standards and criteria established by Section
18.116.230.
F. Class III road or street project."
Section 15A. Subsection (E) of Section 18.96.070, "FP -
Application for Conditional Uses," is amended to read as follows:
"E. The level of the lowest habitable floor and of any
basement floor[,] for any dwelling unit or structure."
Section 15B. Subsection (F)(a)(ii) of Section 18.96.080, "FP
- Criteria to Evaluate Conditional Uses," is amended to read as
follows:
Fully enclosed areas below the lower floor that are
subject to flooding are prohibited[,] unless they are
designed to automatically equalize hydrostatic flood
forces on exterior walls by allowing for the entry and
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exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered
professional engineer or architect[,] or must meet or
exceed the following 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. The bottom of all openings shall be no higher
than one foot above grade.
3. Openings may be equipped with screens, louvers
or other coverings or devices, provided that they
permit the automatic entry and exit of
floodwaters."
Section 16. Two new subsections are added to and made a
part of Section 18.100.020, "RI - Uses Permitted Outright," as
follows, as subsections (P) and (Q):
"P. Class I and II road or street project subject to approval
as part of a land partition, subdivision or subject to
the standards and criteria established by Section
18.116.230.
Q. Class III road or street project."
Section 17. Two new subsections are added to and made a
part of Section 18.104.020, "R & D - Uses Permitted Outright," as
follows, as subsections (E) and (F):
"E. Class I and II road or street project subject to approval
as part of a land partition, subdivision or subject to
the standards and criteria established by Section
18.116.230 of the County Code.
F. Class III road or street project."
Section 17A. Subsection (A) of Section 18.104.040, "R & D -
Use Limitations," is amended to read as follows:
"A. Any use on a lot adjacent to or across a street from a
residential use or lot in a platted subdivision or
residential zone[,] shall not emit odor, dust, fumes,
glare, flashing lights, noise[,] or other similar
disturbances perceptible without instruments more than
200 feet in the direction of the affected residential use
or lot."
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Section 17B. Subsection (F) of Section 18.104.040, "R & D -
Use Limitations," is amended to read as follows:
"F. No use shall be permitted to operate between the hours of
11:00 p.m. and 7:00 a.m. if located adjacent to or across
the street from a residential use or lot in a platted
subdivision or residential zone[,] if the use creates
noise in violation of the County Noise Ordinance, except
as provided by [the County Sheriff] Section 8.08.070A of
the County Code."
Section 17C. Section 18.104.080, "R & D - Site Design," is
amended to read as follows:
"The site design of any permitted use shall make the most
effective use reasonably possible of the site topography,
existing landscaping[,] and building placement so as to
preserve existing trees and natural features, preserve
vistas[,] and other views from public ways and neighboring
residential uses[,] and to minimize intrusion into the
character of existing developments in the immediate vicinity
of the proposed use.,,
Section 18. Subsection (G)(d)(11) of Section 18.108.020,
"PC - Districts Permitted in an PC Zone," is amended to read as
follows:
"11. Transitional Zones. Slopes seven feet outward for each
foot upward beginning at the side of and at the same elevation
as the primary surface and approach surface, and extending to
a height of 150 feet above the airport elevation. In addition
to the foregoing, there are established height limits
beginning at the sides of and at the same elevation as the
approach surface[,] and extending to where they intersect the
conical surface."
Section 18A. Subsection (C) of Section 18.108.060, "PC -
Amendment of a Development Plan," is amended to read as follows:
"C. Standards for Approval. Any amended development plan
shall be in conformance with this section, the existing
subdivision ordinances of the county[,] and the concept of the
planned community for which a change is being requested."
Section 19. Subsection (E)(d) of Section 18.116.030,
"Supplementary Provisions - Off -Street Parking and Loading," is
amended to read as follows:
"d. Use of Parking Facilities. Required parking space shall
be available for the parking of operable passenger
automobiles of residents, customers, patrons and
employees only[,] and shall not be used for the storage
15 - ORDINANCE NO. 93-043 (8/25/93)
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of vehicles or materials or for the parking of trucks
used in conducting the business or used in conducting the
business or use."
Section 19B. Subsection (A)(b) of Section 18.116.050,
"Supplementary Provisions - Manufactured Homes," is amended to read
as follows:
"b. Be placed on a [permanent] foundation or support
[skirting] system, as [described in Section 18.116.606]
specified by the manufacturer. Skirting shall be
required;"
Section 19C. Subsection (B)(b) of Section 18.116.050,
"Supplementary Provisions - Manufactured Homes," is amended to read
as follows:
"b. Be placed on a [permanent] foundation, as [described in
Section 18.116.060] specified by the manufacturer.
Skirting shall be required;"
Section 19D. Subsection (C)(b) of Section 18.116.050,
"Supplementary Provisions - Manufactured Homes," is amended to read
as follows:
"b. Be placed on a [permanent] foundation or support system
[with skirting, as described in Section 18.116.060], as
specified by the manufacturer. Skirting shall be
required;"
Section 19E. Subsection (D)(b) of Section 18.116.050,
"Supplementary Provisions - Manufactured Homes," is amended to read
as follows:
"b. Be placed on a [permanent] foundation or support system
[with skirting, as described in Section 18.116.060], as
specified by the manufacturer. Skirting shall be
required;"
Section 19F. Subsection (F) of Section 18.116.080,
"Supplementary Provisions - Manufactured Home or RV as a Temporary
Residence on an Individual Lot," is renumbered as subsection (E).
Section 19G. Section (B)(b)(8) of Section 18.116.190,
"Supplementary Provisions - Solar Access Permit," is amended to
read as follows:
"8. A statement that none of the lots impacted [are] is
located on a north facing slope with a grade that
exceeds, on average, 15 percent;"
16 - ORDINANCE NO. 93-043 (8/25/93)
Section 19H. A new subsection is added to and made a part of
Chapter 18.116 as Section 18.116.230, "Supplementary Provisions -
Standards for Class I and II Road Projects:"
"18.116.230 Standards for Class I and II Road Projects.
Class I and II road or street projects shall be reviewed
against the applicable comprehensive plan Transportation Plan
element, shall be consistent with applicable road standards
and shall meet the following criteria:
a. Compatibility with existing land use and social
patterns, including noise generation, safety hazards (e.g.
children in a residential area), and zoning.
b. Environmental impacts, including hazards imposed to
and by wildlife (e.g. migration or water use patterns).
C. Retention of scenic quality, including tree
preservation.
d. Means to improve the safety and function of the
facility, including surrounding zoning, access control and
terrain modifications.
e. In the case of roadways where modification results
in a change of traffic types or density, impacts on route
safety, route land use patterns, and route
nonmotorized/pedestrian traffic.
f. Consideration of the potential developmental impact
created by the facility.
g. Cost-effectiveness."
Section 20. Section 18.120.010, "Exceptions - Nonconforming
Uses," is amended to read as follows:
1118.120.010 Nonconforming Uses.
Except as otherwise provided in this title, the lawful use of
a building, structure or land existing on the effective date
of this title or any amendment thereto may be continued
although such use or structure does not conform with the
standards for new development specified in this title. A
nonconforming use or structure may be altered, restored or
replaced subject to this section. No nonconforming use or
structure may be resumed after a one-year period of
interruption or abandonment unless the resumed use conforms
with the provisions of this title in effect at the time of the
proposed resumption.
17 - ORDINANCE NO. 93-043 (8/25/93)
0; NO
q"71.'7SS
A. Expansion or Replacement of a Non -conforming
Structure
a. Non -Conforming Structure. For the purposes of
this section, a nonconforming structure is one that was
lawfully established and violates current setbacks of
this title but conforms with respect to use.
b. Replacement or Expansion without Additional
Encroachment in Setback Area. A nonconforming structure
may be replaced with a new structure of the same size on
the same footprint as the pre-existing nonconforming
structure or may be expanded with an addition that does
not project into the setback area at any point along the
footprint of the structure, subject to all other
applicable provisions of this title.
C. Replacement or Expansion with Additional
Encroachment in Setback Area. Replacement or expansion
of a non -conforming structure that would involve an
additional projection into the front, side or rear yard
setback area at any point along the footprint of the
existing or pre-existing structure may be allowed
provided such additional projection into the setback area
(1) does not exceed 900 square feet; (2) does not exceed
the floor space of the existing or pre-existing
structure; (3) does not cause the structure to project
further toward the front, side or rear property lines
than the closest point of the existing or pre-existing
structure; and (4) meets the variance approval standards
set forth in Section 18.132.025(A)(a), (b), (c) and (d).
Such replacements or expansions must conform with all
other applicable provisions of this title.
[A]B. Verification of Non -Conforming Use [or
Structure]. Upon application, the Planning Division will
verify whether or not a use constitutes a valid non -conforming
use in accordance with the provisions of this section and
applicable state law. Verification of the existence of a non-
conforming use (or structure shall be] is required prior to or
concurrent with any application to alter or restore the use.
The burden of proof shall be on the applicant to demonstrate
its lawful existence. The applicant shall demonstrate all of
the following:
a. The nonconforming use [or structure] was lawful
on the effective date of the provisions of this title
prohibiting the use.
b. The nonconforming use [or structure] was
actually in existence on the effective date of the
provisions of this title prohibiting the use, or had
18 - ORDINANCE NO. 93-043 (8/25/93)
proceeded so far toward completion that a right to
complete and maintain the use would be vested.
c. The nonconforming use [or structure] has not
been interrupted for a period in excess of one year or
was never abandoned.
[B]C. Maintenance of a Nonconforming Use. Normal
maintenance of a verified nonconforming use or structure shall
be permitted. Maintenance does not include alterations, which
are subject to paragraph [(D)] (E) below.
[C]D. Restoration or Replacement of a Nonconforming
Use. A verified nonconforming use may be restored or replaced
if all of the following criteria are met:
a. [The nonconforming use or structure had been
damaged or destroyed] Restoration is made necessary by
fire, natural disaster or other casualty.
b. The nonconforming use [or structure] is
restored or replaced on the same location and is the same
size or smaller than it was prior to the damage or
destruction.
C. The restoration or replacement of the
nonconforming use [or structure] is commenced within one
year of the damage or destruction.
[D]E. Alteration of a Nonconforming Use. Any
alteration to a nonconforming use [or structure] permitted
under this section shall also be subject to all applicable
provisions of this title, including site plan review.
Alteration does not include expansion of a use or [structure]
structures associated with that use or a change in use.
a. The alteration of a nonconforming use [or
structure] shall be permitted when necessary to comply
with any lawful requirement.
b. In all cases other than that described in (a)
above, alteration of a nonconforming use [or structure]
or any physical improvements may be permitted by the
Hearings Officer when both of the following criteria are
met:
1. The alteration is necessary to reasonably
continue the nonconforming use.
2. The alteration will have no greater
adverse impact on the neighborhood.
19 - ORDINANCE NO. 93-043 (8/25/93)
y 1 J
F.[E.] Procedure.
[a. Except when decided in conjunction with a
request to expand, alter, restore or replace a non-
conforming any application for verification of a non-
conforming use shall be decided by the Planning Director,
subject to such procedure for appeal as set forth in
Title 22, the Deschutes County Uniform Development
Procedures Ordinance.]
a. Except as set forth in Subsection F(b) and F(c)
of this section, any application for verification of a
non -conforming use shall be processed in conformance with
the procedures for a land use action under Title 22, the
Deschutes County Uniform Development Procedures
Ordinance.
b. Applications to expand, alter, restore or
replace a non -conforming use shall in all cases be
subject to a public hearing consistent with the
requirements of Title 22, the Deschutes County Uniform
Procedures Ordinance.
C. After a decision has been rendered on an
application for a verification of a non -conforming use
[or structure] (including any appeals provided for under
Title 22 and under state law) , the applicant shall not be
entitled to reapply under Section 22.28.040 for another
verification determination involving the same use of the
property . "
Section 20A. Subsection (E)(b)(2) of Section 18.120.030,
"Exceptions - Exceptions to Yard Requirements," is amended to read
as follows:
"2. Adherence to the 100 -foot setback would create a
hardship, as defined in paragraph [3] (c) below,
preventing such a dwelling from being sited on the lots;"
Section 20B. Subsection (E)(d)(1)(i) of Section 18.120.030,
"Exceptions - Exceptions to Yard Requirements," is amended to read
as follows:
"i. In instances where use of a sand filter system for a
replacement system would allow the dwelling to be located
further from the stream or lake than if another type of
replacement system were utilized, the dwelling shall be
sited in a manner to allow only enough room for [a] the
approved initial on-site sewage disposal system and a
sand filter system as a replacement system."
20 - ORDINANCE NO. 93-043 (8/25/93)
.4.
0 1, 207-1171001
Section 20C. Section 18.120.040, "Exceptions - Building
Height Exceptions," is amended to read as follows:
"18.120.040 Building Height Exceptions.
The following structures or structural parts are not
subject to the building height limitations of this title:
public schools, chimneys, tanks, church spires, belfries,
domes, monuments, fire and hose towers, observation towers,
transmission towers, smokestacks, flagpoles, radio and other
similar projections. This exception does not apply to an
Airport Development Zone, [or] Airport Height Combining Zone
or Landscape Management Combining Zone."
Section 21. Subsection (A) of Section 18.124.060, "Site
Plan Review - Approval Criteria," is deleted and replaced with the
following provision:
"A. The proposed development shall relate harmoniously to the
natural environment and existing development, minimizing
visual impacts and preserving natural features including
views and topographical features."
Section 22. Subsections (B), (F) and (K) of Section
18.124.060, "Site Plan Review - Approval Criteria," are deleted and
current subsections (C) through (L) are renumbered accordingly.
Section 22A. A new subsection is added to and made a part of
Section 18.124.060, "Site Plan Review - Approval Criteria," as
subsection (J), as follows:
"J. All exterior lighting shall be shielded so that direct
light does not project off-site."
Section 22B. Subsection (C)(3) of Section 18.124.070, "Site
Plan Review - Required Minimum Standards," is amended to read as:
"3. Commercial Development Standards:
(a) New commercial buildings shall be sited at the front yard
setback line for lots with one frontage, and at both
front yard setback lines for corner lots. For lots with
more than two front yards, the buildings(s) shall be
oriented to the two busiest streets. The buildings) and
any eaves, overhangs[,] or awnings shall not interfere
with the required clear vision area at corners or
driveways.
(b) An increase in the front yard setback may be allowed
where the applicant can demonstrate that one or more of
the following factors makes it impracticable to site the
new building at the minimum street setback:
21 - ORDINANCE NO. 93-043 (8/25/93)
i. Existing development on the site;
ii. Lot configuration;
iii. Topography of the lot;
iv. Significant trees or other vegetative features that
could be retained by allowing a greater setback;
V. Location of driveway access.
Such an increase in the front yard shall be the minimum
necessary to accommodate the reason for the increase.
[(b)](c) 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 22C. A new section is added to and made a part of
Chapter 18.124, "Site Plan" as Section 18.124.080, as follows:
"18.124.080 Other Conditions
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.
C. Screening of the proposed use by a fence or landscaping
or combination thereof.
D. Limitations on the size, type, location, orientation and
number of lights.
E. Limitations on the number and location of curb cuts.
F. Dedication of land for the creation or enlargement of
streets where the existing street system will be impacted
by or is inadequate to handle the additional burden
caused by the proposed use.
G. Improvement, including but not limited to paving,
curbing, installation of traffic signals and constructing
sidewalks or the street system that serves the proposed
use where the existing street system will be burdened by
the proposed use.
H. Improvement or enlargement of utilities serving the
proposed use where the existing utilities system will be
22 - ORDINANCE NO. 93-043 (8/25/93)
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 that are considered
necessary to achieve the purposes of this ordinance."
Section 22D. The title of current Section 18.125.020,
"Elements of Site Plan," is amended to read 18.124.020,
"Elements of Site Plan."
Section 23. Subsection (A) of Section 18.128.040,
"Conditional Use - Specific Use Standards," is amended to read as
follows:
"A. Airports, aircraft landing fields, aircraft charter,
rentalf,1 and service maintenance facilities not located
in the A -D Zone. The Planning Director or Hearings Body
shall find that the location and site design of the
proposed facility will not be hazardous to the safety and
general welfare of surrounding properties[,] and that the
location will not unnecessarily restrict existing and
future development of surrounding lands as indicated in
the Comprehensive Plan."
Section 23A. Subsection (D)(a) of Section 18.128.040,
"Conditional Use - Specific Use Standards," is amended to read as
follows:
"a. Such a use shall be authorized as a conditional use only
upon finding that sufficient area is provided for the
building, required yards and off-street parking. Related
structures and uses such as a manse, parochial school[,]
or parish house are considered separate uses and
additional lot areas shall be required therefore."
Section 23B. Subsection (N)(d) of Section 18.128.040,
"Conditional Use - Specific Use Standards," is amended to read as
follows:
"d. Transmission towers, posts, overhead wires, pumping
stations[,] and similar installations shall be located,
designed and installed to minimize conflicts with scenic
values."
Section 23C. Subsection (U)(a)(3)(v) of Section 18.128.040,
"Conditional Use - Specific Use Standards," is amended to read as
follows:
23 - ORDINANCE NO. 93-043 (8/25/93)
"v. Notification list with order of notification, including
names, telephones numbers and addresses of the
applicant's responsible officials[,] and those of
applicable emergency service agencies."
Section 23D. Subsection (U)(a)(4)(v) of Section
18.128.040, "Conditional Use - Specific Use Standards," is
amended to read as follows:
"v. The safety provisions and emergency shutdown procedures
to be used for protection of the public health and the
environment."
Section 23E. Subsection (U)(a)(5)(ix) of Section
18.128.040, "Conditional Use - Specific Use Standards," is
amended to read as follows:
"ix. A description of facility monitoring to assure
continuing compliance with applicable noise, air and
water quality standards and regulations[,] and for
other potentially significant environmental impacts."
Section 23F. Subsection (U)(b)(2) of Section 18.128.040,
"Conditional Use - Specific Use Standards," is amended to read as
follows:
"2. Scenic Protection. Activities shall be designed and
conducted to be as compatible as practical with
surrounding scenic and visual characteristics. Energy
facilities shall be designed to minimize their visual
profile and they shall be painted or prepared to be
non -reflective[,] and of colors which blend with and
reduce contrast with surrounding landscape colors."
Section 23G. Subsection (U)(b)(16) of Section 18.128.040,
"Conditional Use - Specific Use Standards," is amended to read as
follows:
"16. Clean-up. Upon completion of each phase of a project,
the site shall be promptly cleared of all trash,
refuse[,] and other waste material. All drilling
equipment shall be removed from well pads within 60
days of the completion of a well."
Section 23H. The first paragraph
Section 18.128.040, "Conditional Use -
is amended to delete the subsection (a)
Section 23I. Current subsection
redesignated (W)(1)(iii) by Section 23H
Section 18.128.040, "Conditional Use -
is amended to read as follows:
24 - ORDINANCE NO. 93-043 (8/25/93)
of Subsection (W)(a) of
Specific Use Standards,"
reference.
(W)(a)(1)(iii), as
of this Ordinance, of
Specific Use Standards,
A site plan, drawn to scale and accompanied by
such drawings, sketches[,] and descriptions as are
necessary to describe and illustrate the proposed
fill or removal. The site plan shall, at a
minimum, include:
An inventory of existing vegetation.
The proposed modifications, if any, to the
vegetation.
Existing and proposed site contours.
Location of property lines, easements and
high water marks.
Other site elements or information [which]
that will assist in the evaluation of the proposed
fill or removal."
Section 23J. The following subsections, currently labelled
as subsections (W)(a)(4) and (W)(a)(5) and redesignated (W)(4)
and (W)(5) by Section 23H of this Ordinance, of Section
18.128.040, "Conditional Use - Specific Use Standards," are
deleted, as follows:
[4. Emergency actions taken to mitigate fill and removal
violations when such emergency actions are intended to have
a beneficial impact on fish and wildlife habitat and are
determined to be the actions with the least overall adverse
impacts on the surrounding area considering the factors in
subsection (4)(i) above.]
[5. Fish and wildlife habitat enhancement projects approved
or sponsored by the Oregon Department of Fish and Wildlife.]
Section 24. Subsection (B)(b) of Section 18.132.020,
"Variances - Authority of Hearings Body," is amended to read as
follows:
"(b) Each of the findings listed in subsection (A)[(a)],
(b), [and] (c) and (d)."
Section 25. Section 18.144.040, "General Provisions -
Violation Declared a Nuisance," is amended to read as follows:
"18.144.040 Violation Declared a Nuisance.
The location, erection, construction, maintenance, repair
alteration or use of a building or structure or the
subdivision, partitioning or other use of land in violation
of this title or of any permit, land use approval or status
25 - ORDINANCE NO. 93-043 (8/25/93)
determination issued or made under this title is declared a
nuisance.
Section 26. Section 18.144.050, "General Provisions -
Infraction," is amended to read as follows:
"18.144.050 Infraction.
The location, erection, construction, maintenance, repair,
alteration or use of a building or structure or the
subdivision, partitioning or other use of land in violation
of any provision of this title or any permit, land use
approval or status determination issued or made under this
title is a Class A infraction."
Section 27. This ordinance is supported by the staff
report attached hereto as Exhibit "A" and by this reference
incorporated herein.
Section 28. DELETIONS AND ADDITIONS. Provisions or
portions thereof that are to be deleted as a result of the
enactment of the above -referenced sections are shown in brackets;
provisions that are being added are shown in bold-faced type.
Section 29. 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 30. 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 of competent jurisdiction that decision shall not
affect the validity of the remaining portions of this ordinance
or exhibit thereto.
Section 31. 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.
26 - ORDINANCE NO. 93-043 (8/25/93)
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ke
Section 32. CORRECTIONS. This ordinance may be corrected
by order of the Board of County Commissioners to cure editorial
and clerical errors and to insert appropriate legislative history
references.
DATED this 25th day of August, 1993.
BOARD OF COUNTY COMMISSIONERS
OF DWHUTES COUNTY, OREGON
F r:nair
T: N Y POP C GE , Commissi
Recording Secretary BARRY Hj SLAUGHTER Commissioner
27 - ORDINANCE NO. 93-043 (8/25/93)