1993-45719-Ordinance No. 93-063 Recorded 12/16/199393-45'719
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
An Ordinance Amending Title 18 of
the Deschutes County Code, the
Deschutes County Zoning Ordinance,
Amending Setbacks, Parking
Requirements and Site Plan Review
Standards in the PC -I Zone, and
Declaring an Emergency.
ORDINANCE NO. 93-063
REVVED
t(Ij
LEGAL COUNSEL
OREGON
C) -14"q-1,113
WHEREAS, Byron Hendricks proposed a text amendment -`t -o Section
18.108.020(E)(d) to change the required setbacks in the PC-fi?zone,
Section 18.116.030(E)(e) to except the PC -I zone from a standard
prohibiting the location of off-street parking within a required front
yard, and Section 18.124.070(C)(3) to except the PC -I zone from certain
commercial development standards; and
WHEREAS, the PC -I zone is currently found only in the Sunriver
Business Park; and
WHEREAS, Sunriver Business Park I was platted in 1974, prior to
adoption of the Deschutes County Zoning Ordinance; and
WHEREAS, there is a 50 -foot building setback from roadways on the
Plat for Sunriver Business Park I; and
WHEREAS, the size and configuration of lots in the Sunriver
Business Park, combined with the 50 -foot building setback from roadways
on the plat, limits development of lots zoned PC -I; 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, the Deschutes County Zoning
ordinance; and
WHEREAS, after notice was given and hearing conducted on December
15, 1993 in accordance with applicable law, the Board of County
Commissioners considered the Planning Commission's recommendation; now
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ORDAINS
as follows:
Section 1. Subsection (E) of Section 18.108.020 "Districts
Permitted in an PC Zone," of Title 18 is amended to read as follows
(with deletions bracketed and additions bold and underlined):
"E. Industrial - I District.
KEY ui
1 - ORDINANCE NO. 93-063 (12/15/93)
s;
0108-11P4 �.
a. Permitted Uses. The following uses are permitted
in the I Zone:
1. Existing residential uses, without any increase in
density.
2. Scientific research or experimental development of
materials, methods or products, including engineering and
laboratory research.
3. Administrative, educational and other related
activities and facilities in conjunction with a permitted
use.
4. Light manufacturing, assembly, fabricating or
packaging of products from previously prepared materials,
such as cloth, plastic, paper, leather, precious or semi-
precious metals or stones.
5. Manufacture of food products, pharmaceuticals and
the like, but not including the production of fish or meat
products or fermented foods, such as sauerkraut, vinegar or
the like, or the rendering of fats or oils.
6. Other similar uses which the Commission may find
to be similar to those listed as permitted in the zone and
which are not inconsistent with the purpose of this zone.
7. Accessory uses and buildings customarily
appurtenant to a permitted use, such as incidential storage,
are permitted.
b. Conditional Uses. The following conditional uses
may be permitted subject to Chapter 18.128 of this title and
a conditional use permit. (Ord. 91-038 S 1, 1991)
1. Public buildings and public utility structures and
yards, including railroad yards.
2. Warehouses and distribution uses which the
Commission finds not to be inconsistent with the purpose of
this zone and which will not impair present or potential use
of adjacent properties.
3. Buildings over 45 feet in height.
4. A dwelling unit for a caretaker or watchman working
on the property.
5. Commercial uses which are consistent with the
Planned Communities Master Plan and which will not conflict
with the uses permitted within the I Zone.
6. Hydroelectric facility, subject to Sections
18.116.130 and 18.128.040(V). (Ord. 86-018 § 16, 1986)
2 - ORDINANCE NO. 93-063 (12/15/93)
1"8_1 &5
7. Excavation, grading and fill and removal within
the bed and banks of a stream or river or in a wetland
subject to Sections 18.120.050 and 18.128.040(W). (Ord. 91-
038 S 1, 1991)
C. Height Regulations. No building or structure
shall be hereafter erected, enlarged or structurally altered
to exceed a height of 45 feet without conditional use permit.
d. Lot Requirements. The following lot requirements
shall be observed:
1. Lot Area. No requirements.
2. Lot Width. No requirements.
3. Lot Depth. Each lot shall have a minimum depth of
100 feet.
4. Front Yard. The front yard shall be a minimum of
25[35] feet.
5. Side Yard. No side yard required [Side yard shall
be a minimum of 25 feet], except when adjoining a lot in an
RS or RM District and then the required side yard shall be 50
feet. No side yards are required on the side of a building
adjoining a railroad right-of-way.
6. Rear Yard. No rear yard required [A rear yard shall
be a minimum of 25 feet], except when adjoining a lot in an
RS or RM .District and then the rear yard shall be 50 feet.
No rear yard is required on the side of a building adjoining
a railroad right -of -way -
7. Lot Coverages. The maximum lot coverage by
buildings and structures shall be 50 percent of the total lot
area."
Section 2. Subsection (E) of "General Provisions - Off -Street
Parking" of 18.116.030, "Off -Street Parking and Loading" of Title 18 is
amended to read as follows (with additions bold and underlined):
"E. General Provisions - Off Street Parking.
a. More Than One Use on One or More Parcels. In the
event several uses occupy a single structure or parcel of
land, the total requirement for off-street parking shall be
the sum of requirements of the several uses computed
separately.
b. Joint Use of Facilities. The off-street parking
requirements of two or more uses, structures or parcels of
land may be satisfied by the same parking or loading space
used jointly to the extent that it can be shown by the owners
or operators of the uses, structures or parcels that their
3 - ORDINANCE NO. 93-063 (12/15/93)
operations and parking needs c
time. If the uses, structures
ownership, the right to joint
be evidence by a deed, lease,
written document to establish
o not overlap a - p
or parcels are under separate
use of the parking space must
contract or other appropriate
the joint use.
c. Location of Parking Facilities. Off-street parking
spaces for dwellings shall be located on the same lot with
the dwelling. Other required parking spaces shall be located
on the same parcel or another parcel not farther than 500
feet from the building or use they are intended to serve,
measured in a straight line from the building in a commercial
or industrial zone. Such parking shall be located in a safe
and functional manner as determined during site plan
approval. The burden of proving the existence of such off -
premise parking arrangements rests upon the applicant. 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). (Ord. 93-005 § 3, 1993)
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 of vehicles or
materials or for the parking of trucks used in conducting the
business or used in conducting the business or use.
e. Parking, Front Yard. Required parking and loading
spaces for multi -family dwellings or commercial and
industrial uses shall not be located in a required front
yard, except in the PC -I zone, but such space may be located
within a required side or rear yard."
Section 3. Subsection (C) "Non -Motorized Access," of Section
18.124.070, Required Minimum Standards - Site Plan Review", of Title 18
is amended to read as follows (with additions bold and underlined):
"C. Non -Motorized Access[:]_
[(1)]a. Bicycle Parking. The development shall
provide the number and type 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.
[(2)]b. Pedestrian Access and Circulation:
[(a)]1. 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.
[(b)]2. Pedestrian walkways shall connect building
entrances to one another and from building entrances to
4 - ORDINANCE NO. 93-063 (12/15/93)
0 A0
public streets and existing or planned transit facilities.
On-site walkways, bikeways, and other pedestrian or bicycle
connections on adjacent properties planned or used for
commercial, multi -family, public or park use.
[(c)]3. 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.
[(d)]4. 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)]5. 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.
Commercial Development Standards.
[ (a) 11. 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, except in the
PC -I zone. 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.
[(b)]2. 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:
i. Existing development on the site;
ii. Lot configuration;
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.
5 - ORDINANCE NO. 93-063 (12/15/93)
01'020'8-11-0801'020'8-11-08�
Such an increase in the front yard shall be the minimum
necessary to accommodate the reason for the increase.
[(c)]3. 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), except in
the PC -I zone."
Section 4. REPEAL OF ORDINANCES AS AFFECTING EXISTING
LIABILITIES. The repeal, express or implied, of an 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 person who violated the repealed ordinance.
Section 5. 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 6. 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.
Section 7. 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 /J5 day of
AES :
cording Secretary
, 1993.
BOARD OF COUNTY COMMISSIONERS
OF DES.GOTES COUNTY, OREGON
N; = "SCGEN, Commissioner
A�(/
BARRY H. UGHTER, ommissioner
6 - ORDINANCE NO. 93-063 (12/15/93)