1994-09078-Ordinance No. 94-013 Recorded 3/3/1994BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTE
An Ordinance Amending the Redmond
Urban Area Zoning Ordinance to
Conform with Amendments to the
City of Redmond Zoning Ordinance
and Declaring an Emergency.
NO. 94-013
94-090`%8
REVIEW -ED
Two
LEGAL COUNSEL
s t
t?I1, 5
CL,R
0128-iso6
WHEREAS, the City of Redmond has made numerous
amendments to the City of Redmond Zoning Ordinance which have
not yet been adopted by the County for implementation in the
Redmond Urban Growth Boundary;
WHEREAS, the City/County Urban Area Management Agreement
designates the City as the lead policy making agency in the
Urban Area;
WHEREAS, the City/County Urban Area Management Agreement
calls for the County to adopt ordinances for implementation
in the Urban Area which are in conformance with standards
adopted by the City;
WHEREAS, House Bill 2835 requires manufactured housing
to be permitted in all urban area zones which permit
residential uses;
WHEREAS, the Redmond Urban Area Planning Commission,
after review conducted in accordance with applicable law, has
recommended approval of the amendments contained in this
ordinance to the Redmond City Commission;
WHEREAS, the Redmond City Commission has adopted the
proposed Text Amendments for implementation within the City
Limits of Redmond;
WHEREAS, after
accordance with
Commissioners have
recommendation and
therefore,
THE BOARD OF COUNTY
ORDAINS as follows:
notice was given and hearing conducted in
applicable law, the Board of County
considered the Planning Commissioner's
the City Commissioner's Action; now,
1 - ORDINANCE NO. 94-013
OF DESCHUTES CO , OREGON
0128-180'7
Section 1. ADOPTION OF AMENDMENTS. Ordinance No.
80-201, the Redmond Urban Area Zoning Ordinance, as amended
and as presented here in its codified form, is further
amended to read as set forth in Exhibit "A", attached hereto
and by this reference incorporated herein, with new language
in bold-faced, underlined type and deletions in brackets.
Section 2. SEVERABILITY. the provisions of this
ordinance are severable. If any section, sentence, clause,
or phrase of this ordinance 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.
Section 3. 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 , day of March, 1994.
T:
7")"
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Recording Secretary
2 - ORDINANCE NO. 94-013
OF COUNTY COMMII SSIONERS
CHUTES—COUNTY. OREGON
, Chair
T014 THROOP, Commissioner
Xk)Qq 0111 --
BARRY S UGHTER, Commissioner
0128-1808
E]II3IBIT A
Title 20
REDMOND URBAN AREA ZONING ORDINANCE
Chapters:
20.04
Introductory Provisions
20.08
Establishment of Zones and Districts
20.12
Limited Residential - R-1 Zone
20.16
Limited Residential - Planned R-2 Zone
20.20
Limited Residential - Planned R-3 Zone
20.24
General Residential - Planned R-4 Zone
20.28
Urban High Density Residential - R-5 Zone
20.32
Strip -Service Commercial - C-1 Zone
2036
Central Business District Commercial (CBD) - C-2 Zone
20.40
Special Service Commercial - C-3 Zone
20.44
Limited Service Commercial - C-4 Zone
20.48
Tourist Commercial - C-5 Zone
20.52
Light Industrial - M-1 Zone
20.56
Heavy Industrial - M-2 Zone
20.60
Fairgrounds - F -G Zone
20.64
Park Reserve Open Sapce - OSPR Zone
20.68
Special Use Zone - Airport Control - AC Zone
20.72
Neighborhood Commercial District - C -N Zone
20.76
Development Standards (C -N Distric)
20.80
Procedure (C -N District)
20.84
Planned Unit Development District - PUD
20.88
Development Standards (PUD District)
20.92
Procedure (PUD District)
20.96
Final Development Plan and Program (PUD District)
20.104
Supplementary Provisions
20.108
Off -Street Parking and Loading Requirements
20.112
Exceptions
20.116
Conditional Uses
20.118
Site and Design Review
20.120
Nonconforming Uses
20.124
Variances
20.128
Amendments
20.132
General Provisions
Title 20
(3/2/94)
Chanter 20.04 [ARTICLE I]
INTRODUCTORY PROVISIONS
Sections:
20.04.010
Title.
20.04.020
Findings and declaration.
20.04.030
Purpose.
20.04.040
Administrative terminology
and construction.
20.04.050
Definitions.
20.04.060
Compliance with provisions
of this title.
20.04.070
Zoning permit.
20.04.080
Abrogation and greater
restrictions.
20.04.090
Interpretation.
20.04.100
Repeal of ordinances as
affecting existing liabilities.
20.04.110
Existing agreement and
zoning permits.
20.04.120
Site plan review.
20.04.130
Authorization of similar uses.
20.04.010 [Section 1.0101. Title.
This [ordinance] title shall be known as
Title 20 of the Deschutes Countv Code the
Redmond Urban Area Zoning Ordinance
[of 1980]. (Ord. 94-013 § 1, 1994; Ord. 80-
201)
20.04.020 [Section 1.0201. Findings and
declaration.
It is hereby found and declared that each
use of land has its own particular influence
on other land uses and on the city of which
it is a part and indirectly on areas outside of
the city; that this influence can be
detrimental when land uses are uncontrolled,
improperly placed, unduly concentrated or
prematurely developed; that zoning is one of
the tools available for putting the 'Redmond
Urban Area Comprehensive Plan" into effect
in an orderly manner and for assuring the
optimum relationships between the various
land uses, between the groups of uses or
0128-1809
zones herein created or between private uses
and the public interest; that this title
[ordinance] has been created after full
consideration of the character of the urban
area [city] and of the various areas within it
and the suitability of various districts for
particular uses and patterns of development;
and that the regulations contained in this
title [ordinance] are necessary to accomplish
the purposes set forth below. (Ord. 94-013 §
1, 1994; Ord. 80-201)
20.04.030 [Section 1.0301. Purpose.
This title [ordinance] is adopted for the
purpose of promoting the health, safety,
peace, comfort, convenience, economic well-
being and general welfare of the Redmond
Urban Area and not limited to, but
specifically to achieve the following
designated objectives.
[1.]A. To protect the character and values
of land and buildings and economic stability
of sound residential, business and industrial
districts and to enhance the quality of the
desired environment in them by:
[A.]1. Preventing the intrusion of
inharmonious uses.
[B.]2. Preventing the encroachment on
desirable open space appurtenant to each
district.
[C.]3. Providing for the safe and
efficient movement of existing and
prospective traffic.
[D.]4. Assuring the provision of
necessary off-street parking space for
vehicles.
[2.]B. To provide for additional growth
and development in a manner appropriate to
the character of the Redmond Urban Area
and which will contribute to the economic
stability of said area and strengthen the basis
of its private and governmental economy.
[3.]C. To [assume] assure that future
development occurs in an orderly manner
and is relatively compact to provide for
economy and efficiency in public services
and utilities and to protect the public from
costs which may be incurred when
Title 20 2 (3/2/94)
unsuitable, scattered or premature
development occurs.
[4.]D. To assure satisfactory physical
relationships between districts of different
use characteristics and among uses of
various types and to minimize conflicts
among land uses.
[5.]E. To minimize traffic hazards, traffic
congestion and the conflict between land
uses and the movement of traffic.
[6.]F. To preserve the various areas' right
to be attractive and pleasing in appearance
and to aid in the development of the urban
area by assuring that development in areas
of higher density or of commercial or
industrial use and along appropriate routes
of travel is neat, orderly and attractive.
[7. To control density and intensity of
land use to assure lack of congestion;
adequate light, air and privacy; convenience
of access to property; the minimum
interference between land uses and to assure
that the economic benefits incidental to
zoning will be derived from a broader base,
area -wise, thereby enlarging the opportunity
for private investment.]
[8.]G. To regulate the placement, height
and bulk of buildings and the placement and
growth of vegetation within the urban area
[County]; to insure access to solar energy by
reasonably regulating interests in property
within the urban area [County], as
authorized under ORS 215.044 and ORS
105.880 through 105.890; to promote and
maximize the conservation of energy by
preserving the option to utilize solar energy
and to implement the Comprehensive Plan
policies relating to solar energy.
[9.]H. To encourage the design of new
buildings, structures and developments which
use solar energy and protect future options
to use solar energy by protecting solar
access. (Ord. 94-013 § 1, 1994; Ord. 83-040 §
1, 1983; Ord. 80-201)
20.04.040 [Section 1.0401. Administrative
terminology and construction.
[1.]A. Terminology. As used in this title
0128-1810
[ordinance] the word 'building" includes the
word "structure." The term 'building site"
includes the word "lot" and the word "plot."
The word "used" also includes "designated,
intended or arranged to be used." The word
"erected" also includes "constructed,"
reconstructed," "altered," "placed" or
"moved." The term "land use" also includes
"building use" and "use of building." The
term "Comprehensive Plan" shall mean the
Redmond Urban Area Comprehensive Plan.
The word "City" shall mean the City of
Redmond, Oregon. The word "County" shall
mean [the County of Deschutesl Deschutes
Conn Oregon. The word "Board" shall
mean the Board of County Commissioners
of [the County of] Deschutes County. The
words "Planning Commission" and
"Commission" shall mean the Redmond
Urban Area Planning Commission. The
words "Planning Director," "County
Engineer," "County Clerk," "County
Sanitarian," "County Surveyor," "Hearings
Officer," "Tax Collector" and "Assessor" shall
mean the Planning Director, County
Engineer, County Clerk, County Sanitarian,
County Surveyor, Hearings Officer, Tax
Collector and Assessor of Deschutes County,
Oregon. The words "Hearings Body" means
the Planning Director, Planning
Commission or Board of County
Commissioners.
[2.]B. Construction. Words used in the
present tense include the future tense.
Words used in the singular include the
plural and words used in the plural include
the singular. The word "shall" is mandatory
and the word "may" is permissive. The
masculine shall include the feminine and the
neuter. (Ord. 94-013 § 1, 1994; Ord. 80-228
§ 1, 1980; Ord. 80-201)
20.04.050 [Section 1.050]. Definitions.
[As used in this ordinance, the following
words and phrases shall mean:] For the
purposes of this title, unless otherwise
apparent from the context, certain words
and phrases used in this title are defined as
Title 20 3 (3/2/94)
follows:
"Abut" means contiguous to; for example,
two lots with a common property line. Abut
does not apply to buildings, uses or
properties separated by public right of way,
rivers or canals.
"Access" means the right to cross between
public and private property allowing
pedestrians and vehicles to enter and leave
property.
"Access core area" the boundaries of this
area shall be as follows: The northern
boundary shall be a line running east -west
1200 feet north of Maple Avenue; the
western boundary shall be the Dry Canyon;
the southern boundary shall be Highland
Avenue; and the eastern boundary shall be
the Burlington Northern Railroad line.
"Accessory use or structure" means a use
or structure incidental and subordinate to
the main use of residential property and
located on the same lot as the main use.
Accessory uses include a pergola
greenhouse, hot house, swimming pool,
enclosed patio, woodshed and quarters for
domestic animals maintained as part of the
residence. A home occupation is also an
accessory use.
"Affected persons" means [includes] those
owners of record of real property located
within a minimum distance of 300 feet,
exclusive of public street and other [right of
ways] rights of way. from the property
subject to a permit required by this title
[ordinance].
"Airport elevation" means the highest
point on the useable landing area, which
elevation is datum to establish the elevation
of the horizontal surface.
"Airport hazard" means any structure, tree
or use of land which obstructs the air space
required for, or is otherwise hazardous to,
the flight of aircraft in landing or taking off
at the airport.
"Airport reference point (A.R.P.)" means a
point established as the approximate
geographic center of the airport landing area
and so designated.
0128-1811
"Alley" means a street 20 feet in width
which affords only a secondary means of
access to property.
"Alter" means a change, addition or
modification in construction or occupancy of
a building or a structure.
"Apartment" means a building or portion
thereof, designated for occupancy by three
or more families living independently of
each other.
"Arterial" means a street of considerable
continuity which is primarily a traffic artery
for intercommunication among large areas
and so designated by the [city's] coup 's
comprehensive plan or by the commission.
"Automobile service station" means a retail
place of business engaged primarily in the
sale of motor fuels, but also in supplying
goods and services generally required in the
operation and maintenance of automotive
vehicles and the fulfilling of motorist needs.
These may include sale of petroleum
products; sale and servicing of tires,
batteries, automotive accessories and
replacement items; washing and lubrication
services; the performance of minor
automotive maintenance and repair; and the
supplying of other incidental customer
services and products. Major automotive
repairs, painting, [and] body and fender
work are excluded except where such uses
are otherwise permitted.
"Automobile and trailer sales area" means
an open area other than a street, used for
the display, sale or rental of new or used
automobiles or trailers and where no repair
work is done except minor incidental repair
of automobiles or trailers to be displayed,
sold or rented on the premises.
"Automobile wrecking yard" means a
premises used for the storage or sale of used
automobile or truck parts or for the storage,
dismantling or abandonment of junk,
obsolete automobiles, trailers, trucks,
machinery or parts thereof.
"Basement" means a story partly
underground. A basement shall be counted
as a story in building height measurement
Title 20 4 (3/2/94)
when the floor level directly above is more
than six feet above the average level of the
adjoining ground.
"Bicycle route" means a right of way for
bicycle traffic.
"Boarding house" means a building or
portion thereof, other than a hotel, where
meals or lodging or both are provided for
compensation for more than four persons,
but not to exceed twenty persons.
"Building" means a structure built for the
support, shelter or enclosure of persons,
animals, chattels or property of any kind.
"Building, community" means a building
for civic, social, educational, cultural and
recreational activities of a neighborhood or
community group or association and not
operated primarily for gain.
"Building, existing" means any building
upon which construction was lawfully begun
prior to the effective date of this title
[ordinance] or the effective date of
amendments to this title [ordinance] may be
completed and thereafter shall be considered
an existing building.
"Building height" means the vertical
distance measured between the average level
of the finished ground surface adjacent to
the building and the uppermost point of the
building excluding only those features which
may exceed the district height limits. (See
Figure 1.)
"Building, main" means a building in which
is conducted a principal or main use of the
building site on which it is situated.
"Building, site" means a parcel of land
occupied or to be occupied by a principal
use and accessory uses and/or a building or
group of buildings, which parcel complies
with all the requirements of this title
ordinance relating to building sites.
"Building site, average width" means that
figure obtained by dividing the total area of
the parcel of land by the maximum depth of
such parcel measured in the general
direction of side lines.
"Carrying capacity" means the level of use
which can be accommodated and continued
0128-1812
without irreversible impairment of natural
resources productivity, the ecosystem and
the quality of air, land and water resources.
"Cemetery" means land used or intended
to be used for the burial of the dead and
dedicated for cemetery purposes.
"Clinic, medical -dental" means single or
multiple offices for physicians, surgeons,
dentists, chiropractors and osteopaths or
other medical practitioners.
"Clinic, animal" means a business
establishment in which veterinary services
are rendered domestic pets and stock on an
outpatient basis.
"Collector" means a street supplementary
to the arterial street system and a means of
intercommunication between this system and
small areas, used to some extent for through
traffic and to some extent for access to
abutting properties and so designated by the
[urban area's] comprehensive plan or by the
commission.
"Commercial amusement establishment"
means any place where entertainment or
amusement is provided where the public, on
a commercial basis, may observe or join in
the activities.
"Commercial residential use" means a
building, portion of a building or group of
buildings designed or used for human
occupancy lodging, for which a fee is
charged such as a hotel, motel, tourist camp
or labor camp, but excluding quarters
intended for permanent or semipermanent
occupancy such as a duplex or apartment. A
manufactured [mobile] home park is not
included in this definition.
"Conforming" means in compliance with
the regulations of the applicable zone
designation.
"Condominiums" means a type of
residential development utilizing zero lot
lines, individual ownership of units and
common ownership of open spaces and
other facilities, and which are regulated, in
part, by state law (ORS 91.010 and 91.657).
Condominiums shall be reviewed in the
same manner as either a duplex, multi -family
Title 20 5 (3/2/94)
dwelling, multi -family complex or as a
planned unit development. [Provided,]
However, any development involving four
acres or more shall be reviewed as a planned
unit development.
"Contiguous land" means parcels of land
under the same ownership which abut,
irrespective [or] of roadway, easements or
other rights of way.
"Cross-section" means a profile of the
ground surface perpendicular to the
centerline of a street, stream or valley
bottom.
"Cul-de-sac" (dead end street) means a
short street having one end open to traffic
and being terminated by a vehicle
turnaround.
"Drive-in" means an establishment
dispensing food and/or drink and catering to
customers who remain or leave and return
to their automobile for consumption of said
food or drink on the premises [; further
including any business designed for serving
customers at a drive -up window or while
they are in their car].
"Dwelling" means a building or part
thereof designed for and/or used for
residential occupancy and containing one or
more dwelling units.
"Dwelling, duplex or two-family" means a
detached building containing two dwelling
units.
"Dwelling, multi -family" means a building
or a group of buildings on a single lot
containing three or four dwelling units.
"Dwelling, multi -family complex" means a
building or group of buildings involving five
or more dwelling units.
"Dwelling, seasonal" means a dwelling unit,
including a manufactured [mobile] home,
travel trailer or camping vehicle, designed
for and used as a temporary dwelling by one
family for recreational or seasonal purposes
only.
"Dwelling, single-family" means a detached
building containing one dwelling unit and
designed for occupancy by one family only,
excluding a manufactured [mobile] home.
0128-1813
"Dwelling unit" means one or more rooms
constituting a separate, independent
housekeeping establishment for owner
occupancy_ [or] rental or lease and physically
separated from any other room or dwelling
units which may be in the same structure
and containing independent cooking and
sleeping facilities.
"Easement" means a grant of the right to
use a parcel of land or portion thereof for
specific purposes where ownership of the
land or portion thereof is not transferred.
"Exempt vegetation" means a tree or other
plant that is shown by the sun chart
accompanying a solar access permit
application to cast existing shade on a
protected area.
"Existing" means existing at the time of
application.
"Family" means an individual or two or
more persons related by blood, marriage,
legal adoption or legal guardianship, living
together as one housekeeping unit using one
kitchen and providing meals or lodging to
not more than two additional persons,
excluding servants; or a group of not more
than five unrelated persons living together as
one housekeeping unit using one kitchen.
"Farm use" means the employment of land
including that portion of such lands under
buildings supporting accepted farming
practices for the purpose of obtaining a
profit in money by raising, harvesting and
selling crops or by the feeding, breeding,
management and sale of, or the product of,
livestock, poultry, fur -bearing animals or
honeybees or for dairying and the sale of
dairy products or any other agricultural or
horticultural use or animal husbandry or any
combination thereof. Farm use includes the
preparation and storage of the products
raised on such land for man's use and
animal use and disposal by marketing or
otherwise. It does not include the use of
land subject to the provision of ORS
Chapter 321, except land used exclusively for
growing cultured Christmas trees, or to the
construction and use of dwellings
Title 20 6 (3/2/94)
customarily provided in conjunction with the
farm use. As used in this definition and this
title [ordinance], "accepted farming practice"
means a mode of operation that is common
to farms of a similar nature, necessary for
the operation of such farms to obtain a
profit in money and customarily utilized in
conjunction with farm use.
"Floor area" means the sum of the gross
horizontal areas of the floors of a building
measured from the exterior faces of the
exterior walls or from the centerline of walls
separating two buildings, but not including:
A. Attic space providing headroom of less
than seven feet;
B. Basement, if the floor above is less
than six feet above grade;
C. Uncovered steps or fire escapes;
D. Private garages, carports or porches;
E. Accessory water towers or conning
towers; and
F. Accessory off-street parking or loading
spaces.
"Frontage" means all property fronting on
one side of a street and measured along the
street line, between intersecting streets or
between a street and a right of way,
waterway, or end of a dead end of city
boundary.
"Garage, private parking" means a
structure having one or more tiers of height,
used for the parking of automobiles for the
tenants, employees or owners of the
property for which the parking spaces
contained in or on said garage are required
by this title [ordinance] and are not open for
use by the general public.
"Garage, public parking" means a publicly
or privately -owned structure having one or
more tiers of heights used for the parking of
automobiles [and open]. Open garages may
include parking spaces for customers,
patrons or clients provided said parking
spaces are clearly identified as free parking
spaces for the building or use which is
required to provide said space.
"Garage, repair" means a building used for
the care and repair of motor vehicles,
0128-18:4
including major and minor work such as
body and fender work or engine and
transmission overhaul and incidental storage
or parking of vehicles.
"Grade" (ground level) means the average
of the finished ground level at the center of
all walls of a building. In case walls are
parallel to and within five feet of a sidewalk,
alley or other public way, the above -ground
level should be measured at the elevation of
the sidewalk, alley or public way. (See
Figure 1.)
"Group care home" means any private or
public institution maintained and operated
for the care, boarding housing or training of
four or more physically, mentally or socially
handicapped or delinquent elderly or
dependent persons by any person who is not
the parent or guardian of, and who is not
related by blood, marriage or legal adoption
to such persons. An example would be a
nursing home.
"Guest house" means a detached building
used as sleeping quarters for guests of the
occupants of the main dwelling on a
noncommercial basis and having no cooking
facilities.
"Habitable floor" means any floor usable
for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a
combination thereof. A floor used only for
storage purposes [in] is not a habitable floor.
"Half street" means a portion of the width
of a street sufficient for safe service (as
approved by the County Engineer) usually
along the edge of a subdivision where the
remaining portion of the street is likely to
[could] be provided in another subdivision.
"Height of buildings" means the vertical
distance from the grade to the highest point
of the coping of a flat roof, to the deck line
of a mansard roof or the center height
between the highest and lowest points on
other types of roofs.
"Highest shade producing point" means
the highest shade producing point of the
structure two hours before and after the
solar zenith on December 21.
Title 20 7 (3/2/94)
"Historic area" means lands with sites,
structures and objects that have local,
regional, statewide or national historical
significance.
"Home occupation" means any lawful
[occupant] occupation carried on by a
resident of a dwelling as an accessory use
within the same dwelling or in an accessory
building on the same or adjacent property
with limited retail sales or sales accessory to
service.
"Hospitals" means institutions devoted
primarily to the rendering of healing, curing
and/or nursing care which maintain and
operate facilities for the diagnosis, treatment
and care of two or more nonrelated
individual humans suffering from illness,
injury or deformity, or where obstetrical or
other healing, curing and/or nursing care is
rendered over a period exceeding 24 hours.
"Hospital, animal" means a building
together with animal runs in which
veterinary services, clipping, bathing,
boarding and other services are rendered to
animals and domestic pets.
"Hotel" (motel) means a building or group
of buildings used for transient residential
purposes containing three or more rental
units which are designed to be used or which
are used, rented or hired out for sleeping
purposes.
"Indoor recreational area" means a room
or rooms within an enclosed building which
is designated and used for recreational
purposes by the public and/or occupants of a
residential development. Activities provided
for within an indoor recreational area may
include, but are not limited to the following:
indoor swimming pools, sauna, gymnasiums,
exercising rooms, dance floors, tennis or
handball courts and games such as pool,
ping pong, shuffleboard, etc.
"Instrument runway" means a runway
equipped or to be equipped with a precision
electronic navigation aid or landing aid or
other air navigation facilities suitable to
permit the landing of aircraft by an
instrument approach under restricted
0128-1815
visibility conditions. Instrument runways are
classed as precision and nonprecision
instrument runways.
"Junk" means, as used in this title
[ordinance], the term junk shall include
storing in yards and open areas for
unreasonable periods inoperable or
abandoned motor vehicles or parts thereof,
inoperable or abandoned machinery or parts
thereof, inoperable or abandoned appliances
or parts thereof, broken or discarded
furniture and household equipment, waste or
discarded materials and other similar
objects.
"Junkyard" means primary or accessory use
of more than 200 square feet of land for the
storage, dismantling or selling of castoff or
salvage material of any sort in other than
the original form in which it was
manufactured and/or assembled and not
including reconditioned secondhand
furniture or fixtures sold from within a
walled building.
"Kennel" means a lot or building in which
four or more dogs or cats at least four
months of age are kept commercially for
board, propagation, training or sale.
"Landing area" means the area of the
airport used for the landing, taking off or
taxiing of aircraft.
"Landscape or landscaping" means to
improve by landscape architecture or
gardening.
"Livestock" means domestic animals of
types customarily raised or kept on farms for
profit or other purposes.
"Livestock feeding yard" (feedlot) means
an enclosure designed or used for the
purpose of the concentrated feeding or
fattening of livestock for marketing.
"Livestock sales yard" means an enclosure
or structure designed or used for holding
livestock for purposes of sale or transfer by
auction, consignment or other means.
"Loading space" means an off-street space
within a building or on the same lot with a
building for the temporary parking of a
commercial vehicle or truck while loading or
Title 20 8 (3/2/94)
unloading merchandise or materials and
which space has direct access to a street or
alley.
"Local street" means a street intended
primarily for access to abutting properties.
"Lot" means a parcel of land of at least
sufficient size to meet minimum zoning
requirements for use, coverage and area,
and to provide such yards and other open
spaces as are herein required[; such]. Such
lot shall have frontage on a public street or
easement approved by the Planning
Commission or the Board [of
Commissioners]. A lot may be:
A. A single lot of record;
B. A combination of complete lots of
record or complete lots of record and
portions of lots of record; or
C. A parcel of land described by metes
and bounds, provided that in case of
division, there shall have been approval
given to said division by the Board
[Commission] under the conditions set forth
in the subdivision ordinance.
"Lot area" means the total horizontal area
within the lot lines of a lot, exclusive of
streets and easements of access to other
property.
"Lot, corner" means a lot abutting on two
or more streets, other than an alley, at their
intersection. A lot abutting on a curved
street or street shall be considered a corner
lot if straight lines drawn from the foremost
points of the side lot lines to the foremost
point of the lot meet [an] at an interior
angle of less than 135 degrees.
"Lot coverage" means the front of a lot
shall be construed to be the portion nearest
the street. For the purposes of determining
yard requirements on corner lots and
through lots, all sides of a lot adjacent to a
street other than an alley shall be considered
frontage and yards shall be provided as
indicated under [Yards] "Yards" in this
section.
"Lot, interior" means a lot other than a
corner lot with only one frontage on a street.
"Lot line" means the property line
0128-1816
bounding a lot.
"Lot line, front" means [The lot line or
lines common to the lot and a street other
than an alley, and in the case of a comer lot,
the shortest lot line along a street other than
an alley.] for an interior lot, the lot line
abutting a street other than an alley-, for a
corner lot, a lot line abutting either street
other than an alley; and in the case of a
corner lot, the Planning Director shall
determine the front lot line. The
determination shall be made to provide the
necessary public safety and shall be based
on street classifications, house and driveway
orientation, lot dimensions and adjacent
property use.
"Lot line, rear" means the lot line or lines
opposite and most distant from the front lot
line. In the case of an irregular, triangular
or other shaped lot, a line 10 feet in length
within the lot parallel to and at a maximum
distance from the front lot line.
"Lot line, side" means any lot line or lines
not a front or rear lot line[; an]. An interior
side lot line is a lot line common to more
than one lot or to the lot and an alley. An
exterior side lot line is a lot line common to
the lot and a street other than an alley.
"Lot measurements" means:
[LLA. Depth of a lot shall be considered
to be the distance between the midpoints of
straight lines connecting the foremost points
of the side lot lines in front and the
rearmost points of the side lot lines in the
rear.
[2.]B. Width of a lot shall be considered
to be the distance between straight lines
connecting front and rear lot lines at each
side of the lot, measured across the rear of
the required front yard; provided, however,
that width between side lot lines at their
foremost points (where they intersect with
the street line) shall not be less than 80
percent of the required lot width, except in
the case of lots on the turning circle of a
cul-de-sac where the 80 percent requirement
shall not apply.
"Lot of record" means any unit of land
Title 20 9 (3/2/94)
created as follows:
[1.]A. A lot in an existing, duly recorded
subdivision;
[2.]B. A parcel in an existing, duly
recorded major or minor land partition; [or]
[3.]C. An existing unit of land for which a
survey has been duly filed which conformed
to all applicable regulations at the time of
filing; or
[4.]D. Any �unit of land created by deed
description or metes and bounds provided,
however, contiguous units of land created by
deed description or metes and bounds under
the same ownership and not conforming to
the minimum parcel size of the ordinance
shall be considered one (1) lot of record.
"Manufactured home means a structure
constructed for movement on the public
highways that has sleeping, cooking and
plumbing facilities, that is intended for
human occupancy, and that is being used
for residential purposes. It does not include
any building or structure subject to the
structural specialty code adopted pursuant
to ORS 455.100 to 455.450 or any unit
identified as a recreational vehicle by the
manufacturer.
"Marginal access street" means a minor
street parallel and adjacent to a major
arterial street providing access to abutting
properties but protected from through
traffic.
[Mobile Home. A portable unit designed
and built to be towed on its own chassis,
comprised of frame and wheels, dependent
on external utility connections and designed
without permanent foundation for year-
round residential use. A unit may contain
parts that fold, collapse or telescope for
towing and be expanded later to provide
additional cubic components designed to be
joined into one integral unit capable of
being again separated into the components
for repeated towing. For purposes of this
definition, it shall be immaterial whether
said unit or component is placed upon
property for a temporary, semipermanent or
permanent residence, or that the wheels are
0128-181'7
removed and the unit or component is
supported upon posts, footings or a
foundation. This definition does not include
travel trailers, motorized homes and
campers, pick-up coaches and camping
trailers.]
Manufactured [Mobile] home park" means
any place where two or more manufactured
[mobile] homes are parked within 500 feet
of one another on a lot, tract or parcel of
land under the same ownership, the primary
purpose of which is to rent space or keep
space for rent to any person for a charge or
fee paid for the rental or use of facilities or
to offer space free in connection with
securing the trade or patronage of such
person.
Manufactured [Mobile] home subdivision
means a subdivision intended to be occupied
exclusively by manufactured [mobile] homes.
"Modular homes" (See prefabricated
house.)
"New construction" means any structure
for which the "start of construction"
commenced on or after the effective date of
this title [ordinance].
"Nonconforming structure or use" means a
lawful existing structure or use at the time
this title [ordinance] or any amendment
thereof becomes effective which does not
conform to the requirements of the zone in
which it is located.
"Northern lot line" means, for the
purposes of Section 20.104.140 [5.300],
Building Setbacks for the Protection of Solar
Access, the northern lot line shall be the
northerly edge of the lot on which an
applicant's structure is located, unless
directly north of the lot is an unbuildable
area, in which case northern lot line means
the northerly edge of the buildable area.
"Nursery, day" means an institution,
establishment or place in which are
commonly received at one time three or
more children not of common parentage
under the age of 14 years for a period or
periods not exceeding 12 hours for the
purpose of being given board, care and
Title 20 10 (3/2/94)
training apart from parents or guardians for
compensation or reward.
"Nursing home" means any home,
institution or other structure maintained or
operating for the nursing and care of four or
more ill or infirm adults not requiring
hospital care or hospital facilities.
"Open space" means [consists of] lands
used for agricultural or other open space
uses and any land area that would, if
preserved and continued in its present use;
conserve and enhance natural or scenic
resources; protect air or streams or water
supply; conserve landscaped areas, such as
public or private golf courses that reduce
pollution and enhance the value of abutting
or neighboring property; enhance the value
to the public of abutting or neighboring
parks or other open space; enhance
recreation opportunities; preserve historic,
geological and archeological opportunities;
preserve historic, geological and
archeological sites; promote orderly urban
development; and minimize land use
conflicts.
"Owner" means the owner of the title to
real property or the authorized agent
thereof, or the contract purchaser of real
property of record as shown on the last
available complete tax assessment roll or
[county] County Clerk's [recorder's] records.
"Parcel" means a unit of land that is
created by a partitioning of land.
"Parking area, public" means privately or
publicly -owned property other than streets
or alleys on which parking spaces are
defined, designed or otherwise identified for
use by the general public, either free or for
remuneration. Public parking areas may
include parking lots which may be required
by this title [ordinance] for retail customers,
patrons and clients.
"Parking area, private" means privately or
publicly -owned property, other than streets
and alleys on which parking spaces are
defined, designated or otherwise identified
for use by the tenants, employees or owners
of the property for which the parking area is
0128-1818
required by this title [ordinance] and not
open space for use by the general public.
"Parking space" means a clear, off-street
area for the temporary parking or storage of
one automobile, having all-weather surface
of an average width not less than eight and
one-half feet and an average length of not
less than 18 feet and [be not] not be less
than eight and one-half feet in height when
within a building or structure[; such]. Such
parking space shall have easy access to a
street or alley by a driveway having an all-
weather surface.
"Person" means every 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.
"Planned unit development" means the
development of an area of land as a single
entity for a number of dwelling units or a
number of uses, according to a plan which
does not correspond in lot size, bulk or type
of dwelling, density, lot coverage or required
open space to the regulations otherwise
required by this title [ordinance].
"Potential structure" means for purpose of
solar access protection on a potential
structure is any structure or building that
could be built as a permitted use in a
particular location under existing
development standards under the existing
Deschutes County Comprehensive Plan.
"Prefabricated house" means a sectional or
factory built house to which wheels may or
may not be attached for the purpose of
moving it to a homesite where it is affixed to
the real property on a permanent
foundation.
"Primary surface" (runway) means a
surface longitudinally centered on a runway.
When the runway has a specially prepared
hard surface, the primary surface extends
200 feet beyond each end of that runway,
but when the runway has no specially
prepared hard surface or planned hard
surface, the primary surface ends at each
end of the runway. The elevation of any
Title 20 11 (3/2/94)
point on the primary surface is the same as
the elevation of the nearest point on the
runway centerline. The width of a primary
surface is:
A. 250 feet for utility runways having only
visual approaches;
B. 500 feet for utility runways having
nonprecision instrument approaches; and
C. For other than utility runways, the
width is:
[(i)]1. 500 feet for visual runways having
only visual approaches;
[(ii)]2.500 feet for nonprecision
instrument runways having visibility
minimums greater than three-fourths of a
statute mile; and
[(iii)]3. 1,060 feet for a nonprecision
instrument runway having a nonprecision
instrument approach with visibility
minimums as low as three-fourths of a
statute mile, and for precision instrument
runways.
"Primary use" means the first use to which
property is or may be devoted, and to which
all other uses on the premises are derived as
accessory or secondary uses. As used
relative to dwelling units, the primary
dwelling would be the first dwelling unit to
be located on a specific parcel or lot.
"Principal use" means the primary or
predominant use to which the property is or
may be devoted, and to which all other uses
on the premises are accessory.
"Productive solar collector. A solar
collector that provides no less than (a) 10
percent of a building's annual total energy
requirements; or (b) 50 percent of a
building's annual water heating
requirements.
"Protected area" means the specific area
which is provided solar access for specific
hours and dates under this title [ordinance].
"Public use" means a structure or use
intended or used for a public purpose by a
city, a school district, the county, the state or
by any other public agency, not including a
public utility facility.
"Recreation camps or resorts" means an
0128~1819
area devoted to facilities and equipment for
recreational purposes, including swimming
pools, tennis courts, playgrounds and other
similar uses, whether the use of such areas is
limited to private membership or whether
open to the public upon payment of a fee.
"Recreational vehicle" means temporary
living Quarters for recreational, camping, or
travel use, which has its own motive power
or is mounted on or drawn by another
vehicle. Recreational vehicles include travel
trailer, camping trailer, truck camper, and
motor home.
"Recreational vehicle park" means a
parcel of land upon which two or more
recreational vehicle sites are located,
established or maintained for occupancy by
recreational vehicles, tents or other camping
facilities, as temporary living quarters for
recreation or vacation purposes.
"Recreational vehicle site" means a plot of
ground within a recreational vehicle park
intended for the accommodation of either a
recreation vehicle, tent or other camping
unit on a temporary basis. The site
includes individual use areas for picnic
tables, fire pits, private parking, and other
private uses.
"Residential use" means a structure or use
for occupancy as a human dwelling or
lodging place such as single-family, two-
family or multi -family dwellings, duplexes,
apartments, boarding, lodging or rooming
houses, manufactured [mobile] homes and
manufactured [mobile] home parks and
labor camps.
"Retirement center" means a building or
group of buildings containing separate
dwelling units designed for and occupied
principally (at least one occupant of each
dwelling unit) by persons over the age of 60
years, excluding convalescent and nursing
care as a function of the center.
"Right of way" means the area between the
boundary lines of a street, road or other
easement.
"Road or street" means a public or private
way that is created to provide access for
Title 20 12 (3/2/94)
persons to one or more lots, parcels, areas
or tracts of land, excluding a private way
that is created to provide access to such land
in conjunction with the use of such land for
forestry, mining or agricultural purposes.
"Roadway" means that portion of a street
or road right of way developed for vehicular
traffic.
"Runway" means the paved surface of an
airport landing strip.
"School" means a place for teaching,
demonstration or learning. However, unless
otherwise qualified, the word school means a
place for primarily academic instruction
equivalent to what is commonly known as
kindergarten, grade school, junior high
school, high school, college or a combination
thereof [of them].
"Semipublic use" means a structure or use
intended or used for a semipublic purpose
by a church, lodge, club or any other
nonprofit organization.
"Service station" means any lot used in the
normal course of business primarily for the
retail sale of motor vehicle fuel and
lubricants for delivery on the premises.
"Shade" means a shadow, except a shadow
caused by a narrow object, including, but not
limited to, a utility pole, an antenna, a wire
or a flagpole.
"Sign" means 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. Each display
surface of a sign shall be considered a sign.
"Sign area" means the total area of the
smallest rectangle that will contain the entire
sign or sign structure.
"Sign structure" means any structure
located outdoors primarily as a support or a
surface for sign display.
"Solar access" means protection from
shade for a specific area during specific
hours and dates, but not including
protection from shade cast by exempt
vegetation.
0128-1820
"Solar access permit" means the
instrument issued by the county which limits
the size of nonexempt vegetation on certain
lots in the vicinity of a recorded solar
collector.
"Solar collector" means any object that
uses solar radiation for a useful purpose
including, but not limited to, windows, walls,
roofs and collectors.
"Solar height restriction" means the
allowable height of buildings, structures and
nonexempt vegetation on a property
burdened by the solar access of another
property.
"Solar heating hours" means the hours and
dates during which solar access is provided.
"Stable, private" means 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.
"Stable, public" means a stable other than
a private stable.
"Start of construction" means the first
placement of permanent construction of a
structure (other than a manufactured
[mobile] home) on a site, such as the
pouring of slabs or footings or any work
beyond the stage of excavation. Permanent
construction does not include land
preparation, such as clearing, grading and
filling; nor does it include excavation for a
basement, footings, piers or foundations or
the erection of temporary forms; nor does it
include the installations on the property of
accessory buildings, such as garages or sheds
not occupied as dwelling units or not as part
of the main structure. For a structure
(other than a manufactured [mobile] home)
without a basement or poured footings, the
start of construction includes the first
permanent framing or assembly of the
structure or any part thereof on its pilings or
foundation. For manufactured [mobile]
homes not within a manufactured [mobile]
home park or manufactured [mobile] home
subdivision, start of construction is the
affixing of the manufactured [mobile] home
Title 20 13 (3/2/94)
to its permanent site. For manufactured
[mobile] homes within manufactured
[mobile] home parks or manufactured
[mobile] home [subdivision] subdivisions,
start of construction is the date on which the
construction of facilities for servicing the site
on which the manufactured [mobile] home is
to be affixed (including, at a minimum, the
construction of streets, either final site
grading or the pouring of concrete pads and
installation of utilities) is completed.
"Story" means that portion of a building
included between the upper surface of any
floor and the upper surface of the floor nem
above it, except the top story shall be that
portion of a building included between the
upper surface of the top -most floor and
ceiling or roof above.
"Story, half' means a story under a gable,
hip or gambrel roof, the wall plats of which,
on at least two opposite exterior walls are
not more than two feet above the floor of
such story.
"Street" means the entire width between
the right of way lines of every public way for
vehicular and pedestrian traffic and includes
the terms road, highway, lane, place, avenue,
alley or other similar designation.
"Street frontage" means that portion of a
building site that has a common line with a
street right of way line and said street
frontage is designated as the front property
line.
"Structure" means any combination of
materials forming any construction the use
of which requires location on the ground or
attachment to something having location on
the ground. The word structure shall be
construed as though followed by the words
"or part thereof."
"Structural alteration" means any change
to the supporting members of a structure
including foundation, bearing walls or
partitions, columns, beams, girders or any
structural change in the roof or in the
exterior walls.
"Stubbed street" means a street having
only one outlet for vehicular traffic and
0128-1821
which is intended to be extended or
continued to serve future subdivisions or
developments on adjacent lands.
"Subdivide land" means to divide land into
four or more lots within a calendar year.
"Subdivision" [and Subdivided Lands]
means an act of subdividing land or an area
or tract of land subdivided. [Improved or
unimproved land or lands divided or created
into interests or sold under an agreement to
be subsequently divided or created in
interests for the purpose of sale or lease,
whether immediate or future, into 11 or
more undivided interests or four or more
other interests. Interest, as referred to
herein, includes a lot, parcel or unit, share,
undivided interest or membership which
includes the right to occupy the land
overnight, and lessee's interest in land for
more than three years or less than three
years if the interest may be renewed under
the terms of the lease for a total period
more than three years. Subdivide land does
not include the sale of a lot in a recorded
subdivision or an approved partition even
though the seller of the lot may have owned
other contiguous lots or property prior to
the sale. Said lot, however, must be sold as
platted and recorded.]
"Substantially shaded" means less than 80
percent of the available solar insolation is
available during winter solar heating hours
to either the south roof and/or wall of an
existing or potential structure.
"Sun chart" means a photograph or
photographs, taken in accordance with the
guidelines of the Planning Director, which
plots the position of the sun during each
hour of the day and each month of the year
relative to a protected area. The sun chart
shall contain, at a minimum:
A. Solar altitude in 10 degree increments;
B. Solar azimuth measured from true
south in 15 degree increments;
C. If the solar collector is less than 20
feet wide, the southern skyline as seen from
the center point of the lower edge of the
protected areas and i[I]f the solar collector
Title 20 14 (3/2/94)
is more than 20 feet wide, the southern
skyline as seen from the two end points and
from the centerpoint of the lower edge of
the protected area; and
D. A clear delineation of the existing
objects which cast shadows on the protected
area, including hills, structures and
deciduous and evergreen vegetation.
"Trailer" means any portable unit designed
and built to be towed on its own chassis,
comprised of frame and wheels, and which
does not fall within the definitions of
vacation trailer, manufactured [mobile]
home or prefabricated house. This
definition includes boat trailers, bunk
trailers, portable schoolrooms and industrial,
commercial or public offices and accessory
uses.
"Trailer, park" means a plot of ground
upon which two or more travel trailers,
occupied for dwelling or sleeping purposes,
are located regardless of whether a charge is
made for such accommodations.
"Trailer, travel" (see vacation trailer.)
"Trailer, vacation" means a portable unit
designed and built to be towed on its own
chassis, comprised of frame and wheels
having sleeping, cooking and plumbing
facilities independent of external utility
connections and intended for use principally
as a temporary recreational or vacation
residence.
'Travelers' accommodations" means any
establishment having rooms or apartments
rented or kept for rent on a daily or weekly
basis to travelers or transients for a charge
or fee paid or to be paid for rental or use of
facilities.
"Unbuildable area" means an area in
which a structure could not be built as a
permitted use under existing development
standards for the area under the existing
Redmond Urban Area [Deschutes County]
Comprehensive Plan.
"Use" means the purpose to which land
and/or any structure or improvement
thereon is or may be put. The word use is
synonymous with the terms "land use" and
0128-1822
"use of land" unless the context clearly
indicate otherwise.
"Utility facility" means any major structure
owned or operated by a public, private or
cooperative electric, fuel, communication,
sewage or water company for the generation,
transmission, distribution or processing of its
products or for the disposal of cooling water,
waste or by-products and including power
transmission lines, major trunk pipelines,
power substations, dams, water towers,
sewage lagoons, sanitary landfills and similar
facilities, but excluding sewer, water, gas,
telephone and power local distribution lines
and similar minor facilities allowed in any
zone.
"Utility runway" means a runway that is
constructed for and intended to be used by
propeller -driven aircraft of 12,500 pounds
maximum gross weight or less.
"Vision clearance area" means a triangular
area on a lot at the intersection of two
streets or a street and a railroad, two sides
of which are lot lines measured from the
corner intersection of the lot lines to a
distance specified in these regulations. The
third side of the triangle is a line across the
corner of the lot adjoining the ends of the
other two sides. Where the lot lines at
intersections have rounded corners, the lot
lines will be extended in a straight line to a
point of intersection. The vision clearance
area contains no platting, walls, structures or
temporary or permanent obstructions
exceeding two and one-half feet in height
measured from the grade of the street
centerline. (See Figure 5.)
"Visual runway" means a runway intended
solely for the operation of aircraft using
visual approach procedures with no straight -
in instrument approach procedures and no
instrument designation indicated on an
FAA -approved airport layout plan or by any
planning document submitted to the FAA by
competent authority.
"Winter solar heating hours" means the
time period extending two hours before and
after the solar zenith on December 21.
Title 20 15 (3/2/94)
"Yard" means an open space on a lot
which is unobstructed from the ground
upward except as otherwise provided in this
title [ordinance]. (See Figure 6.)
"Yard, front" means a yard between side
lot lines and measured horizontally at right
angles to the front lot line from the front lot
line to the nearest point of a building. Any
yard meeting this definition and abutting on
a street other than an alley shall be
considered a front yard. (See Figure 6.)
"Yard, rear" means a yard between side lot
lines and measured horizontally at right
angles to the rear lot line from the rear lot
line to the nearest point of a building. (See
Figure 6.)
"Yard, side" means a yard between side lot
lines and measured horizontally at right
angles from the side lot line to the nearest
point of a building (See Figure 6.)
"Zero lot line subdivision" means a type of
residential subdivision utilizing zero lot
lines between dwelling units and providing
for individual ownership of each lot.
(Ord. 94-014 § 1, 1994; Ord. 83-040 § 2,
1983; Ord. 81-007 § 1; Ord. 80-201, 1980)
20.04.060 [Section 1.060]. Compliance with
[ordinance] provisions of this title.
[I.]A. A lot may be used and a structure
or part of a structure may be constructed,
reconstructed, altered, occupied or used only
as this title [ordinance] permits.
[2.]B. No dimensional requirement of this
title [ordinance] shall be violated after its
terms become effective unless specifically
provided for herein.
[3.]C. No lot area, yard or other open
space which is required by this title
[ordinance] for one use shall be used as the
required lot area, yard or open space for
another use. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.04.070 [Section 1.070]. Zoning permit.
Prior to the construction, alteration or
change of use of any structure or lot for
0128-1823
which a zoning permit, but not a building
permit, is required, a zoning permit for such
construction, reconstruction, alteration or
change of use of any structure or lot shall be
obtained from the Planning Department.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.04.080 [Section 1.0801. Abrogation and
greater restrictions.
It is not intended by this title [ordinance]
to repeal, abrogate or impair any existing
easements, covenants or deed restrictions.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.04.090 [Section 1.090]. Interpretation.
Where the conditions imposed by any
provision of this title [ordinance] are less
restrictive than comparable conditions
imposed by any other provisions of this title
[ordinance] or by any other ordinance,
resolution or regulation, the provisions
which are more restrictive shall govern.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.04.100 [Section 1.1001. Repeal of
ordinances as affecting existing liabilities.
The repeal of an ordinance by this title
[ordinance] shall not have the effect to
release or extinguish any penalty, forfeiture
or liability incurred under such ordinance,
unless a provision of this title [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 penalty,
forfeiture or liability, and for the purpose of
authorizing the accusation, prosecution,
conviction and punishment of a person or
persons who violated the repealed ordinance
or part thereof prior to the effective date of
this title [ordinance]. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.04.110 [Section 1.1101. Existing
agreement and zoning permits.
This does not repeal, abrogate or impair
any existing easements, covenants, deed
Title 20 16 (3/2/94)
restrictions or zoning permits, such as
preliminary plat and partition approval,
conditional use permits, nonconforming use
permits, temporary use permits, special
exceptions or building permits. (Ord. 94-013
§ 1, 1994; Ord. 80-201, 1980)
20.04.120 [Section 1.1201. Site plan review.
[1. Findings and Objectives.
A. The Board finds that excessive
uniformity, dissimilarity, inappropriateness
or poor quality of design in the exterior
appearance of structures and signs and the
lack of proper attention to site development
and landscaping in the business, commercial,
industrial and certain residential areas within
the Redmond Urban Area hinders the
harmonious development of the Redmond
Urban Area, impairs the desirability of
residence, investment or occupation in the
Urban Area, limits the opportunity to attain
the optimum use and value of land and
improvement, adversely affects the stability
and value of property, produces
degeneration of property in such areas with
attendant deterioration of conditions
affecting the peace, health and welfare of
the Urban Area and destroys a proper
relationship between the taxable value of
property and the cost of services thereof.]
[B. The Board declares that the purposes
and objectives of site development
requirements and the site design review
procedure are to:
a. Implement the policies, goals and
standards of the Council and the adopted
Comprehensive Plan of the Urban Area as
now or hereafter constituted.
b. Encourage originality, flexibility and
innovation in site planning and development,
including the architecture, landscaping and
graphic design of said development.
c. Discourage monotonous, drab,
unsightly, dreary and inharmonious
development.
d. Conserve the Urban Area's natural
beauty and visual character and charm by
insuring that structures, signs and other
0128-1824
improvements are properly related to their
sites, and to surrounding sites and
structures, with due regard to the aesthetic
qualities of the natural terrain and
landscaping, and that proper attention is
given to exterior appearances of structures,
signs and other improvements.
e. Achieve the beneficial influence of
pleasant environments for living and
working.]
[f. Encourage orderly development of a
site in a manner compatible with
surrounding property.
g. Provide for the orderly development
of property in concern with the timely
construction or assurance of necessary public
facilities and services.
h. Prevent undue traffic congestion and
pedestrian hazards.
L Foster civic pride and community
spirit so as to improve the quality and
quantity of citizen participation in local
government and in community growth,
change and improvement.
j. Stabilize and improve property values
and prevent blighted areas, and thus
increase tax revenues.
k. Minimize costs to the general public
of facilities and services necessitated by
development by requiring the developing
party to bear a reasonable share of those
costs when a particular site is developed.
1. Provide for the reasonable
development of the City in a manner that
will protect the health, safety and general
welfare of the public.]
[2. Design Review Committee. There is
hereby established a Design Review
Committee whose members, terms, officers
and manner of transacting business shall be
as follows:
A. Members: Qualifications. The
Committee shall consist of seven (7)
members. Any individual who by
experience, training, education, occupation
or demonstrated interest in architectural
design and landscaping and is either a
resident, property owner or is engaged in
Title 20 17 (3/2/94)
employment or business in the Redmond
Urban Area is qualified to be a member of
the Site and Design Review Committee.
B. Appointment: Term. The members
of the Committee shall be appointed jointly
by the Deschutes County Board of
Commissioners and the Redmond City
Council. Of the members first appointed,
three members shall be appointed for a term
of one year and four members for a term of
two years. Subsequent appointments shall
be for a term of two years or until
successors are appointed. Terms of office
shall commence on the first day of the
calendar year, except that the terms of office
for members first appointed under this
Ordinance shall commence on the date of
their appointment.
C. Vacancies/Removal. Any vacancy
shall be filled for the remainder of the
unexpired term as original appointments are
herein provided. The Board and City
Council may remove any member of the
Committee, after hearing, for misconduct or
nonperformance of duty.
D. Officers. The Committee shall select
a Chairman at its first meeting in January of
each year. The Chairman shall be counted
to determine a quorum and shall have the
same right to vote. The Chairman shall
annually appoint a Vice -Chairman.] [During
the absence, disability or disqualification of
the Chairman, the Vice -Chairman shall
exercise or perform all the duties and be
subject to all the responsibilities of the
Chairman. In the absence of Chairman and
Vice -Chairman, the remaining members
shall select an Acting Chairman. The City
or County Planning Director, or his
designate, shall serve as Secretary to the
Committee and also in an advisory capacity.
E. Quorum/Voting. A quorum shall
consist of four members. The concurrence of
a majority of the members of the Committee
present shall be necessary to determine any
questions before the Committee. An
abstention shall be considered a negative
vote.
0128-1825
F. Meetings/Record. The Committee
shall hold at least one regular meeting each
month. However, a meeting need not be
held if there are no drawings or plans
submitted for review by the Committee.
The deliberations and proceedings of the
Committee shall be public. The Committee
shall keep minutes of its proceedings and
such minutes shall be public records.
G. Rules. The Committee may adopt
and amend rules to govern the conduct of its
business, consistent with the provisions of
this Ordinance.]
P. Jurisdiction and Powers of the
Committee.
A. Except as provided for in subsection
(B), no building permit shall be issued for a
new building or major remodeling of an
existing building and no sign permit shall be
issued for the erection or construction of a
sign relating to such new buildings or major
remodeling until the plans, drawings,
sketches and other documents have been
reviewed and approved by the Committee.
For purposes of this Section, the term
"major remodeling" shall include the
following activities: Any remodeling that
substantially changes the exterior appearance
of the building, any site improvements that
substantially alter the topography or
appearance of the site and any expansion of
an existing building which increases the
square footage of the building by 25 percent
or more.
1. Construction, site development and
landscaping shall be carried out in
substantial accord with the plans, drawings,
sketches and other documents approved by
the Committee unless altered with
Committee approval. Nothing in this
Section shall be construed to prevent the
ordinary repair or maintenance of a building
or the replacement of landscaping which
does not involve a substantial change from
the approval granted by the Committee.
2. Proposed changes to an approved site
plan shall be submitted in writing to the
Planning Director for approval. The
Title 20 18 (3/2/94)
Planning Director shall grant approval to the
proposed change if he determines that the
change does not substantially alter the
approval previously granted. If the Planning
Director determines that the proposed
change substantially alters the approval
granted, the proposed change shall be
processed in the same manner as a] new
application.
3. If the applicant disagrees with the
Planning Director's decision, that decision
shall be submitted to the body whose
decision is sought to be changed at its next
regular meeting for its determination
whether the proposed change substantially
alters the approval granted by that body.
After a decision by the body, the matter
shall be returned to the Planning Director
for processing consistent with the body's
decision. The applicant may appeal the
body's decision in the same manner as any
other decision of that body.
B. The Planning Director shall review
those site plans required for properties on
the canyon rim unless the Director
determines review by the Committee would
be more appropriate. The Director may
approve, approve with conditions or deny
said site plan. The decision of the Director
may be appealed to the Committee in the
manner provided for appeals of the
Committee's decisions.
C. This Ordinance shall not apply to the
construction of a single-family dwelling on a
lot, a mobile home placement on a lot in an
approved mobile home subdivision or a
single duplex not part of a larger
development plan.]
[4. Documents Required for Committee
Review/Master Plans.
A. To initiate the site and design review
process, the applicant shall submit to the
Committee with the required fee, the
following documents drawn to scale:
a. The legal description, dimensions and
total area of the site.
b. A site plan, drawn to scale, indicating
the subject property, the location of all
0128--1826
existing and proposed structures, bikeways,
walkways, driveways, public and private
streets, landscaped areas, fences, walls,
parking and loading spaces, natural features
and railroad tracks. The site plan shall
indicate all vehicle and pedestrian access
points to public rights of way and the
interior circulation plan for the property.
Provision for all utility and public facilities,
drainage and on-site water retention
facilities are to be indicated. Site analysis
data shall be submitted indicating total site
square footage and the percentage of the
site that is covered by buildings, landscaped
areas, parking, vehicle drives and pedestrian
ways.
c. A landscape plan, drawn to scale,
showing the location and types of existing
trees and vegetation proposed to be
removed and to be retained on the site, the
location and design of landscaped areas, the
varieties and sizes of trees and plant
materials to be planted on the site, other
pertinent landscape features and irrigation
systems required to maintain plan materials.
d. Architectural drawings or sketches,
drawn to scale and showing all elevations
and exterior materials of the proposed
structures and other improve][ments as they
will appear on completion of construction.
e. Specifications as to type, color and
texture of exterior surfaces of proposed
structures.
f. A sign plan, drawn to scale, showing
the location, size, design, material, color and
method of illumination of all exterior signs.
At the applicant's option, this plan may be
submitted for approval at any time prior to
the issuance of occupancy permits.
B. When the development proposed is
for less than the entire site, a master site
plan for the entire site shall be required.
The applicant shall submit to the Committee
the following information:
a. All of the above information with
regard to the portion of the site to be
developed.
b. For the portion of the site to be
Title 20 19 (3/2/94)
developed at a later date, all of the
information required in the above section
that is known and that is relevant to the
purpose of this subsection. For that
information that is not known,
approximations and concept designs may be
used.
c. Any proposed phasing of development
shall be indicated on the master site plan.
d. The overall concept and objectives of
the total development shall be indicated in
writing.
C. The master site plan requirement is to
insure the orderly development of the site in
conjunction with the surrounding properties
and the availability of public service
facilities. Development on a site with an
approved master site plan shall take place
consistent with that plan. Each phase of
development shall be processed as a new
application and the Committee, to grant
approval, must find that the proposed
development is consistent with the approved
master site plan.
D. The master site plan may be amended,
upon the request of the original applicant or
his successor in interest to the site, by
processing the request in the same manner
by which an original application is processed.
However, when development has occurred in
a manner consistent with the location of
public service facilities as shown on the
master site plan for the site, no amendment
to the master site plan may be made that
will alter the points of ingress and egress on
the site of those facilities or the service
capacity of those facilities without the
approval in writing of the property owners
affected by the change and the Committee.
E. Alternative master site plans may be
required by the Committee to ensure full or
maximum lot utilization and efficient
arrangement of uses to avoid wasteful use of
available urban land and to prevent the
possibility of landlocked, undeveloped land
on a site.]
[F. Special studies, investigations and
reports may be required by the Committee
0128-182'7
to obtain information to ensure that the
proposed development of a particular site
does not adversely affect the surrounding
community, does not create hazardous
conditions for persons or improvements on
the site and meets the standards, goals and
policies of the Comprehensive Plan. These
may include studies, investigations and
reports on noise attenuation, air quality,
traffic control, soil conditions, flooding of
waters and excessive storm water runoff, tree
preservation, hours of operation of business
and other environmental concerns.]
[5. Criteria and Standards.
A. The design criteria set forth in Exhibit
"1," which is attached hereto and
incorporated by reference, shall be utilized
by the Committee in reviewing the plans,
drawings, sketches and other documents.
B. The Committee shall also be guided
by the objectives of this Section and such
objectives shall serve as additional criteria
and standards.
C. Unless otherwise authorized under this
Ordinance, the Committee shall not have
the authority to waive or modify the site
development requirements of this Ordinance
or the requirements of any other applicable
city ordinance.]
[6. Procedure.
A. Submission of Documents. A
prospective applicant for a building or other
permit who is subject to site design review
shall submit to the County Planning Director
the documents required herein.
B. Action by Planning Director. The
County Planning Director or his designate
shall review all drawings, plans and
specifications submitted for design review.
If the Planning Director finds that they meet
all other requirements of the ordinances of
the county, he shall present them to the
Committee along with a staff report.
C. Action by Committee. Within 21 days
from the date of submission to the Planning
Director, the Committee shall approve,
approve with conditions or reject the plans
of the applicant.
Title 20 20 (3/2/94)
D. Variance. The Committee may, where
appropriate, grant a variance in conjunction
with their review of a site plan in accordance
with the provisions of Article IX of the
Redmond Zoning and Land Use Ordinance.
E. Performance Agreement. As a
condition of approval for each site plan, the
applicant shall be required to execute a
performance agreement on a form provided
by the Planning Department of all
improvements required by the site plan.
F. Appeals. Appeals shall be governed
by the following provisions:]
[a. A decision of the Committee may be
appealed to the Planning Commission by the
applicant, or any substantially aggrieved
property owner within 60 feet of the outer
boundaries of the property involved in the
Committee's decision. The appeal shall be
filed in writing with the Planning Director
within fifteen (15) days after the Committee
has rendered its decision.
b. The Planning Director shall forthwith
cause an appeal to be placed on the agenda
for the next regularly scheduled Commission
meeting. The Commission shall consider the
appeal at such meeting and shall affirm,
modify and affirm or reverse the decision of
the Committee.]
A. No building, grading, Parkins. land
use, sign or other required Permit shall be
issued for a use for which a site Plan is
required by Chapter 20.118 until such time
as those requirements are met.
B. Noncompliance with a final approved
site plan pursuant hereto shall be a zoning
ordinance violation.
(Ord. 94-013 § 1, 1994; Ord. 80-228 § 2,
1980; Ord. 80-201, 1980)
20.04.130 [Section 1.1301. Authorization of
similar uses.
The Planning Commission may rule that a
use not specifically listed in the allowed uses
of a zone shall be included among the
allowed uses. However, this section does
not authorize the inclusion in a zone of a
0128-1828
use which is of the same general type and
similar to a use specifically listed in another
zone. (Ord. 94-013 § 1, 1994; Ord. 80-201,
1980)
Title 20 21 (3/2/94)
0128-1829
Chapter 20.08 [ARTICLE II]
ESTABLISHMENT OF ZONES AND
DISTRICTS
Sections:
20.08.010 Establishment of zones and
districts.
20.08.020 Location of zones.
20.08.030
Zoning maps.
20.08.040
Zone boundaries.
20.08.050
Zoning of annexed areas.
20.08.010 [Section 2.010. Establishment of
zones and districts.
For the purpose of this title [ordinance],
the following zones are hereby established:
Chapter
Abbreviated
[Section]
Zones and Districts
Desi ng a� tion
20.12 [3.010]
Limited Residential Zone
R-1
20.16 [3.020]
Limited Residential Zone
R-2
20.20 [3.030]
Limited Residential Zone
R-3
20.24 [3.040]
General Residential Zone
R4
20.28 [3.045]
High Density Residential Zone
R-5
2032 [3.050]
Strip -Service Commercial Zone
C-1
2036 [3.060]
Central Business District Commercial Zone
C-2
20.40 [3.070]
Special Service Commercial Zone
C-3
20.44 [3.080]
Limited Service Commercial Zone
C-4
20.48 [3.090]
Tourist Commercial Zone
C-5
20.52 [3.110]
Light Industrial Zone
M-1
20.56 [3.120]
Heavy Industrial Zone
M-2
20.60 [3.125]
Fairgrounds Zone
F -G
20.64 [3.130]
Park Reserve Open Space Zone
OSPR
20.68 [3.140]
Airport Control Zone
A -C
20.72 [3.145]
Neighborhood Commercial District
C -N
20.76 [3.150]
Planned Unit Development District
P.U.D.
(Ord. 94-013 § 1, 1994; Ord. 93-060 § 1,
1993; Ord. 80-201, 1980)
Title 20 22 (3/2/94)
20.08.020 [Section 2.020]. Location of zones.
The boundaries of the zones listed in this
title [ordinance] shall be as indicated on the
Redmond Urban Area Zoning Map of 1980,
which is hereby adopted by reference. The
boundaries shall be modified in accordance
with zoning map amendments pursuant to
this section and shall be adopted by
reference. (Ord. 94-013 § 1, 1994; Ord. 80-
201,1980)
20.08.030 [Section 2.030]. Zoning maps.
A zoning map or zoning map amendment
adopted by Section 20.08.020 [2.020] of this
title [ordinance] or by an amendment to said
section shall be prepared by authority of the
Planning Commission or be a modification
by the Board [of Commissioners] of a map
or map amendment so prepared. The map
or map amendment shall be dated with the
effective date of the ordinance that adopts
the map or map amendment. A certified
print of the adopted map or map
amendment shall be maintained in the office
of the County Clerk and the office of the
Planning Department as long as this title
[ordinance] remains in effect. (Ord. 94-013 §
1, 1994; Ord. 80-201, 1980)
20.08.040 [Section 2.040]. Zone boundaries.
Unless otherwise specified, zone
boundaries are section lines, subdivision
lines, lot lines, centerlines of streets, alleys,
[canal] canals or railroad rights of way,
water courses, ridges or rimrocks, other
readily recognizable or identifiable natural
features or such lines extended. Whenever
any uncertainty exists as to the boundary of
a zone as shown on the zoning map or
amendment thereto, the following
regulations shall control:
[LLA. Where a boundary line is indicated
as following a street, alley, canal or railroad
right of way, it shall be construed as
following the centerline of such right of way.
[2.]B. Where a boundary line follows or
approximately coincides with a section, lot
or property ownership line, it shall be
0128-1830
construed as following such line.
[3.]C. [It]If a zone boundary as shown on
the zoning map divides a lot between two
zones, the entire lot shall be deemed to be
in the zone in which the greater area of the
lot lies, provided that this adjustment
involves a distance not to exceed 200 [100]
feet from the mapped zone boundary. In
cases where such adjustment would require
exceeding 200 [100] feet, the decision of
zoning in compliance with the
Comprehensive Plan shall be determined by
the Planning Commission.
[4.]D. Where a public street, alley, canal
or railroad right of way is officially vacated,
the zoning regulations applicable to abutting
property on each side of the centerline of
such right of way is officially vacated, the
zoning regulations applicable to abutting
property on each side of the centerline of
such right of way shall apply up to the
centerline of such right of way on each
respective side thereof. If the right of way is
vacated in total to one property owner, the
zoning of the abutting property shall apply
to the total vacated property. (Ord. 94-013 §
1, 1994; Ord. 80-201, 1980)
20.08.050 [Section 2.050]. Zoning of
annexed areas.
An area annexed to the city shall, upon
annexation, assume the zoning classification
in compliance with the Comprehensive Plan
as determined by the ci [county]. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
Title 20 23 (3/2/94)
Chapter 20.12 [3.010]
LIMITED RESIDENTIAL - R-1 ZONE.
[In an R-1 zone, the following regulations
shall apply:]
Sections:
20.12.010
Purpose.
20.12.020
Uses permitted outright.
20.12.030
Conditional uses permitted.
20.12.040
Accessory uses.
20.12.050
Lot size.
20.12.060
Yards.
20.12.070
Height of buildings.
20.12.080
Signs.
20.12.090
Off-street parking and
loading.
20.12.100
Keeping of livestock.
20.12.010[1.] Purpose.
The purpose of the R-1 zone is as follows:
A. To encourage, promote and protect
the character of neighborhood residential
areas having a suitable environment for
urban and suburban family life.
B. Intended for application only to those
areas having facilities available to support
the expected density and to carry out the
above stated purpose. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.12.020[2.] Uses permitted outright.
In an R-1 zone, the following uses are
permitted outright:
A. Single-family dwelling, including a
manufactured home subject to Section
20.104.070. [dwellings, excluding mobile
homes and manufactured homes.]
B. Accessory uses and structures [subject
to Article IV].
C. Guest house [homes].
D. Farming subject to restrictions on
livestock. (Ord. 94-013 § 1, 1994; Ord. 91-
012 § 2, 1991; Ord. 80-201, 1980)
20.12.030[3.] Conditional uses permitted.
0128-1831
In an R-1 zone, the following uses and
their accessory uses are permitted when
authorized in accordance with the provisions
of Chapter 20.116 [Article VII]:
A. Public or semipublic uses.
B. A duplex [Two-family dwellings] on
corner lots, providing the parcel is 10,000
square feet in area.
C. Utility facility.
D. Schools.
E. Planned unit development district as
set forth in Chapter 20.84 [Section 3.150].
F. Neighborhood commercial as set forth
in Chapter 20.72 [Section 3.145]. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.12.040[4.] Accessory uses.
In an R-1 zone, there [shall be the
following limitations on accessory uses:
A. There] shall not be more than one
private garage for each dwelling unit, and
the garage shall not exceed 950 square feet
in floor area. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.12.050[5.] Lot size.
In an R-1 zone, the minimum lot size shall
be as follows:
A. Lot area shall be a minimum of 9,000
square feet. Such lots shall have a minimum
average width of 60 feet and minimum depth
of 100 feet.
B. For properties subject to the density
transfer provisions of the OSPR zone, the
lot sizes may vary, depending on the number
of units transferred from said zone. (Ord.
94-013 § 1, 1994; Ord. 84-026 § 1, 1984;
Ord. 80-201, 1980)
20.12.060[6.] Yards.
Except as provided in Chapter 20.112,
[Article VI,] in an R-1 zone the minimum
yard requirements shall be as follows:
A. A front yard shall be a minimum of 15
feet measured from the foundation of a
building, structure or portion thereof used
for dwelling purposes and 25 feet from the
foundation of a building, structure or
Title 20 24 (3/2/94)
portion thereof used as a garage and the
street right of way. The garage setback may
be reduced to 20 feet when associated with a
single family residential use and when a
paved surface at least 20 feet wide is
provided between the front property line and
garage.
B. A side yard shall be a minimum of five
feet from the foundation to the property
line, except that on corner lots, the side yard
on the street side shall be a minimum of 15
feet from the foundation to the property
line.
C. A rear yard shall be a minimum of 20
feet from the foundation to the property
line.
D. The setback from the northern lot line
shall meet the solar setback requirements in
Section 20.104.140 [4.170]. (Ord. 94-013 § 1,
1994; Ord. 83-040 § 5, 1983; Ord. 81-007 §
2, 1981; Ord. 80-201, 1980)
20.12.070[7.] Height of buildings.
In an R-1 zone, no building shall exceed a
height of 30 feet. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.12.080[8.] Signs.
Signs shall be placed in accordance with
the provisions of the applicable sign
ordinance [Article IV]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.12.090[9.] Off-street parking and
loading.
In an R-1 zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chapter 20.108 [Article V].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.12.100[10.] Keeping of livestock.
The keeping of livestock in the R-1 zone
shall be subject to the following limitations:
A. Livestock may not be kept on lots
having an area less than 20,000 square feet.
B. One horse shall have fenced corral or
pasture with a usable area of at least 10,000
square feet; two horses, at least 20,000
0128-1832
square feet; and each additional horse, at
least 5,000 square feet.
C. Cows, goats and sheep shall have a
fenced corral or pasture with a usable area
of at least 10,000 square feet per adult
animal (over six months of age).
D. The number of chickens, fowls and/or
rabbits over the age of six months shall not
exceed one for each 500 square feet of
property. The number of young chickens,
fowl and/or rabbits (under the age of six
months) allowed on the property at any time
shall not exceed three times the allowable
number of chickens, fowl and/or rabbits over
the age of six months.
E. The number of colonies of bees
allowed on a lot shall be limited to one
colony for each 1,000 square feet of lot area.
F. Animal runs or barns, chickens or fowl
pens and colonies of bees shall be located
on the rear half of the property but not
closer than 70 feet from the front property
line nor closer than 50 feet from any
residence.
G. Animals, chickens, and/or fowl shall be
properly caged or housed, and proper
sanitation shall be maintained at all times.
All animal or poultry food shall be stored in
metal or other rodent -proof receptacles.
H. No enclosure for horses, cows, goats,
sheep or other livestock shall be located
closer than 50 feet to a dwelling.
I. Fences erected in connection with the
keeping of livestock shall be kept in good
repair and shall be at least four feet in
height. (Ord. 94-013 § 1, 1994; Ord. 80-201,
1980)
Title 20 25 (3/2/94)
Chapter 20.16[Section 3.0201.
LIMITED RESIDENTIAL - PLANNED
R-2 ZONE.
[In an R-2 zone, the following regulations
shall apply:]
Sections:
1,000
20.16.010
Purpose.
20.16.020
Uses permitted outright.
20.16.030
Conditional uses permitted.
20.16.040
Accessory uses.
20.16.050
Lot size.
20.16.060
Yards.
20.16.070
Signs.
20.16.080
Off-street parking and
loading.
20.16.090
Height of buildings.
20.16.100
Keeping of livestock.
20.16.010[1.] Purpose.
The purpose of the R-2 zone is as follows:
A. Provide areas of planned development
that recognize and enhance areas of scenic
quality and view amenities.
B. Provide areas for highly compatible
types of residential development and high
livability.
20.16.020[2.] Uses permitted outright.
In an R-2 zone, the following uses are
permitted outright:
A. Single-family dwelling, including a
manufactured home subject to Section
20.104.070[dwellings, excluding mobile
homes and manufactured homes].
B. Duplex [Two-family dwellings],
providing the parcel is 10,000 square feet in
area.
C. Accessory uses and structures [subject
to Article IV].
D. Guest [houses] house.
E. Farming subject to restrictions on
livestock. (Ord. 94-013 § 1, 1994; Ord. 91-
012 § 3, 1991; Ord. 80-201, 1980)
0128-1833
20.16.030[3.] Conditional uses permitted.
In an R-2 zone, the following uses and
their accessory uses are permitted when
authorized in accordance with the provisions
of Chapter 20.116 [Article VII]:
A. Public or semipublic uses.
B. Multi -family dwelling or complex.
C. Condominium.
D. Nursing home, convalescent or
retirement home.
E. Utility facility.
F. School.
G. Planned unit development district.
H. Neighborhood commercial district.
I. Day Nurseries.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.16.040[4.] Accessory uses.
In an R-2 zone, there [shall be the
following limitations on accessory uses:
A. There] shall not be more than one
private garage for each dwelling unit, and
the garage shall not exceed 950 square feet
in floor area. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.16.050[5.] Lot size.
In an R-2 zone, the minimum lot size shall
be as follows:
A. For a single-family dwelling, the
minimum lot area shall be 9,000 square feet.
B. For a two-family dwelling, the lot area
shall be a minimum of 10,000 square feet.
C. For a multi -family dwelling, the lot
area shall be a minimum of 10,000 square
feet plus 1,250 additional square feet for
each dwelling unit over two.
D. For a multi -family complex, the lot
area shall have a minimum area of 7,500
square feet for the first unit plus, for each
additional unit, the minimum square
footages are based upon the number of
bedrooms per dwelling unit in the following
table:
Studio or Efficiency
1,000
square
feet
1 Bedroom
1,250
square
feet
2 Bedrooms
1,800
square
feet
Title 20 26 (3/2/94)
3 Bedrooms 2,250 square feet
4 Bedrooms 2,500 square feet
provided that the overall density shall not
exceed one dwelling unit per 4,000 square
feet of lot area.
E. Each lot shall have a minimum street
frontage of 50 feet, except for, lots fronting
on a cul-de-sac turnaround [said] frontage
may be reduced to 40 feet. This frontage
shall be measured at the front yard setback.
F. For properties subject to the density
transfer provisions of the OSPR zone, the
lot sizes may vary, depending on the number
of units transferred from said zone. (Ord.
94-013 § 1, 1994; Ord. 84-026 § 2, 1984;
Ord. 80-201, 1980)
20.16.060[6.] Yards.
Except as provided in Chapter 20.112
[Article VI], in an R-2 zone, the minimum
yard requirements shall be as follows:
A. A front yard shall be a minimum of 15
feet measured from the foundation of a
building, structure or portion thereof used
for dwelling purposes and 25 feet from the
foundation of a building, structure or
portion thereof used as a garage and the
street right of way. The garage setback may
be reduced to 20 feet when associated with a
single-family residential use and when a
paved surface at least 20 feet wide is
provided between the front property line and
rage.
B. A side yard shall be a minimum of five
feet from the foundation to the property
line, except that on corner lots the side yard
on the street side shall be a minimum of 15
feet from the foundation to the property
line.
C. A rear yard shall be a minimum of 20
feet from the foundation to the property
line.
D. The setback from the northern lot line
shall meet the solar setback requirements in
Section 20.104.140 [4.170]. (Ord. 94-013 § 1,
1994; Ord. 83-040 § 6, 1983; Ord. 81-007 §
3, 1981; Ord. 80-201, 1980)
0128-1834
20.16.070[7.] Signs.
Signs shall be provided in accordance with
the provisions of the applicable sign
ordinance [Article IV]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.16.080[8.] Off-street parking and
loading.
In an R-2 zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chapter 20.108 [Article V].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.16.090[9.] Height of buildings.
In an R-2 zone, no building shall exceed a
height of 30 feet, except as limited by
Section 20.104.140 [4.070]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.16.100[10.] Keeping of livestock.
The keeping of livestock in the R-2 zone
shall be subject to the same limitations as in
the R-1 zone. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
Title 20 27 (3/2/94)
Chapter 20.20[Section 3.0301.
LIMITED RESIDENTIAL - PLANNED
R-3 ZONE.
[In an R-3 zone, the following regulations
shall apply:]
Sections:
20.20.010
Purpose.
20.20.020
Uses permitted outright.
20.20.030
Conditional uses permitted.
20.20.040
Accessory uses.
20.20.050
Lot size.
20.20.060
Yards.
20.20.070
Signs.
20.20.080
Off-street parking and
loading.
20.20.090
Height of buildings.
20.20.100
Keeping of livestock.
20.20.010[1.] Purpose.
The intent of the R-3 zone is to recognize
the existing residential character of the area
and provide compatible types of new
residential development. In the
undeveloped areas it is the intent of the R-3
zone to provide some flexibility in housing
types where community services are or will
be available. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.20.020[2.] Uses permitted outright.
In an R-3 zone, the following uses are
permitted outright:
A. Single-family dwelling, including a
manufactured home subject to Section
20.104.070 [dwellings, excluding mobile
homes and manufactured homes.]
B. Duplex, [Ttvo-family dwellings]
providing the parcel is 8,500 [10,000] square
feet in area].
C. Accessory uses and structures [subject
to Article IV].
D. Guest house[s].
E. Farming subject to restrictions on
livestock.
0128-1835
F. A duplex lot in an approved duplex lot
subdivision. (Ord. 94-013 § 1, 1994; Ord. 91-
012 § 4, 1991; Ord. 81-041 § 1, 1981; Ord.
80-201, 1980)
20.20.030[3.] Conditional uses permitted.
In an R-3 zone, the following uses and
their accessory uses are permitted when
authorized in accordance with the provisions
of Chapter 20.116 [Article VII]:
A. Public or semipublic uses.
B. Multi -family dwelling or complex.
C. Condominium.
D. Nursing home, convalescent or
retirement home.
E. Utility facility.
F. Planned unit development district.
G. Neighborhood commercial district.
H. Day Nurseries.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.20.040[4.] Accessory uses.
In an R-3 zone, there [shall be the
following limitations on accessory uses:
A. There] shall not be more than one
private garage for each dwelling unit, and
the garage shall not exceed 950 square feet
in floor area. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.20.050[5.] Lot size.
In an R-3 zone, the minimum lot size shall
be as follows:
A. For a single-family dwelling, the
minimum lot area shall be 7,500 square feet.
B. For a two-family dwelling, the lot area
shall be a minimum of 8,500 square feet.
For a duplex lot in an approved duplex lot
subdivision, the lot area for each lot shall be
a minimum of 4.250 [5,000] square feet.
C. For a multi -family dwelling, the lot
area shall be a minimum of 10,000 square
feet plus 1,250 square feet for each dwelling
unit over two.
D. For a multi -family complex, the lot
area shall have a minimum area of 7,500
square feet for the first unit, plus for each
additional unit, the minimum square
Title 20 28 (3/2/94)
footages are based upon the number of
bedrooms per dwelling unit in the following
table:
Studio or Efficiency 1,000 square feet
1 Bedroom
1,250
square
feet
2 Bedrooms
1,800
square
feet
3 Bedrooms
2,250
square
feet
4 Bedrooms
2,500
square
feet
provided that the overall density shall not
exceed one dwelling unit per 4,000 square
feet of lot area.
E. Each lot shall have a minimum street
frontage of 50 feet except for lots fronting
on a cul-de-sac turnaround said frontage
may be reduced to 40 feet. This frontage
shall be measured at the front yard setback.
F. For properties subject to the density
transfer provisions of the OSPR zone, the
lot sizes may vary, depending on the number
of units transferred from said zone. (Ord.
94-013 § 1, 1994; Ord. 84-026 § 3, 1984;
Ord. 81-041 § 1, 1981; Ord. 80-201, 1980)
20.20.060[6.] Yards.
Except as provided in Chapter 20.112
[Article VI], in an R-3 zone, the minimum
yard requirements shall be as follows:
A. A front yard shall be a minimum of 15
feet measured from the foundation of a
building, structure or portion thereof used
for dwelling purposes and 25 feet from the
foundation of a building, structure or
portion thereof used as a garage and the
street right of way. The garage setback may
be reduced to 20 feet when associated with a
single-family residential use and when a
paved surface at least 20 feet wide is
provided between the front property line and
B. A side yard shall be a minimum of five
feet from the foundation to the property
line, except that on corner lots, the side yard
on the street side shall be a minimum of 15
feet from the foundation to the property
line.
C. A rear yard shall be a minimum of 20
0128-°1835
feet from the foundation to the property
line.
D. The setback from the northern lot line
shall meet the solar setback requirements in
Section 20.104.140 [4.170]. (Ord. 94-013 § 1,
1994; Ord. 83-040 § 7, 1983; Ord. 81-007 §
4, 1981; Ord. 80-201, 1980)
20.20.070[7.] Signs.
Sign shall be provided in accordance with
the provisions of the applicable sign
ordinance [Article IV]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.20.080[8.] Off-street parking and
loading.
In an R-3 zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chapter 20.108 [Article V].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.20.090[9.] Height of buildings.
In an R-3 zone, no building shall exceed a
height of 30 feet, except as limited by
Section 20.104.070 [4.070]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.20.100[10.] Keeping of livestock.
The keeping of livestock in the R-3 zone
shall be subject to the same limitations as in
the R-1 zone. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
Title 20 29 (3/2/94)
Chapter 20.24[Section 3.0401.
GENERAL RESIDENTIAL - PLANNED
R-4 ZONE.
[In an R-4 zone, the following regulations
shall apply:]
Sections:
20.24.010
Purpose.
20.24.020
Uses permitted outright.
20.24.030
Conditional uses permitted.
20.24.040
Accessory uses.
20.24.050
Lot size.
20.24.060
Yards.
20.24.070
Height of buildings.
20.24.080
Signs.
20.24.090
Off-street parking and
loading.
20.24.100
Keeping of livestock.
20.24.110
Trans -America bike route.
20.24.010[1.] Purpose.
The intent of the R-4 zone is to recognize
and enhance areas of scenic quality and view
amenities. It is further the intent of the
zone to allow some flexibility in housing
types to provide view amenities to all income
levels. (Ord 94-013 § 1, 1994; Ord. 80-201;
1980)
20.24.020[2.] Uses permitted outright.
[(***)]In an R-4 zone, the following uses
are permitted as outright uses:
A. Farming, subject to restrictions on
livestock.
B. Single-family dwelling, includine a
manufactured home subject to Section
20.104.070.
C. Duplex [Two-family dwelling].
[D. Mobile home, but only on a lot in a
duly platted and approved mobile home
subdivision or planned unit development and
subject to Section 4.060.]
D[E]. Accessory uses and structures
[subject to Article IV].
E[F]. A duplex lot in an approved duplex
0128-183'7
lot subdivision. (Ord. 94-013 § 1, 1994; Ord.
93-036 § 1, 1993; Ord. 92-053 § 1, 1992;
Ord. 91-012 § 5, 1991; Ord. 81-041 § 1,
1981; Ord. 80-201, 1980)
20.24.030[3.] Conditional uses permitted.
In an R4 zone, the following uses and
their accessory uses are permitted when
authorized in accordance with the provisions
of Chapter 20.116 [Article VII]:
A. Multi -family dwelling or complex.
B. Manufactured [Mobile] home park.
C. Public or semipublic use.
D. Day nursery or kindergarten.
E. Hospital, nursing home, convalescent
or retirement home.
F. Golf course.
G. Utility facility.
H Condominium.
I. Schools.
J. Planned unit development district.
K. Neighborhood commercial district.
L. Overnight use areas for recreational
vehicles within a manufactured [mobile]
home park subject to Section 20.116.040
[7.040(12)].
(Ord. 94-013 § 1, 1994; Ord. 91-012 § 6,
1991; Ord. 84-003 § 1, 1984; Ord. 80-201,
1980)
20.24.040[4.] Accessory uses.
In an R-4 zone, there [shall be the
following limitations on accessory uses:
A. There] shall be no more than one
private garage for each dwelling unit, and
the garage shall not exceed 950 square feet
in floor area. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.24.050[5.] Lot size.
In an R4 zone, the minimum lot size shall
be as follows where there is both a public
water and sewer system provided:
A. For a single-family dwelling, the lot
area shall be a minimum of 6,000 square
feet.
B. For a two-family dwelling, the lot area
shall be a minimum of 7,500 square feet.
Title 20 30 (3/2/94)
For a duplex lot in an approved duplex lot
subdivision, the lot area for each lot shall be
a minimum of 3.750 [5,000] square feet.
C. For a multi -family dwelling, the lot
area shall be a minimum of 7,500 square
feet plus 1,250 square feet for each
additional dwelling unit up to four units.
D. For a multi -family dwelling complex,
the lot area shall have a minimum area of
7,500 square feet for the first unit plus the
minimum unit square footages based upon
the number of bedrooms per dwelling unit in
the following table:
Studio or Efficiency 750 square feet
1 Bedroom 1,000 square feet
2 Bedrooms 1,500 square feet
3 Bedrooms 2,250 square feet
4 Bedrooms 2,500 square feet
provided that the overall density shall not
exceed one dwelling unit per 3,000 square
feet of lot area.
E. Each lot shall have a minimum street
frontage of 50 feet, except for lots fronting
on a cul-de-sac [turn, upon] turnaround
which said frontage may be reduced to 40
feet. This frontage shall be measured at the
front yard setback. (Ord. 94-013 § 1, 1994;
Ord. 81-041 § 1, 1981; Ord. 80-201, 1980)
20.24.060[6.] Yards.
Except as provided in Chapter 20.112
[Article VI], in an R-4 zone, the minimum
yard requirements shall be as follows:
A. A front yard shall be a minimum of 15
feet measured from the foundation of a
building, structure or portion thereof used
for dwelling purposes and 25 feet from the
foundation of a building, structure or
portion thereof used as a garage and the
street right of way. The garage setback may
be reduced to 20 feet when associated with a
single-family residential use and when a
paved surface at least 20 feet wide is
provided between the front property line and
garage.
B. A side yard shall be a minimum of five
0128-1838
feet from the foundation to the property
line, except that on comer lots, the side
[yards] -yard on the [street] streets side shall
be a minimum of 15 feet.
C. A rear yard shall be a minimum of 20
feet from the foundation to the property
line.
D. The setback from the northern lot line
shall meet the solar setback requirements in
Section 20.04.104 [4.170]. (Ord. 94-013 § 1,
1994; Ord. 83-040 § 8, 1983; Ord. 81-007 §
5, 1981; Ord. 80-201, 1980)
20.24.070[7.] Height of buildings.
In an R-4 zone, no building shall exceed a
height of 40 feet, except as limited by
Section 20.104.140 [4.070]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.24.080[8.] Signs.
Signs shall be placed in accordance with
the provisions of the applicable sign
ordinance [Article IV]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.24.090[9.] off-street parking and
loading.
In an R-4 zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chapter 20.108 [Article V].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.24.100[10.] Keeping of livestock.
In an R-4 zone, the keeping of livestock
shall be subject to the same limitations as in
the R-1 [and R-2 zones] zone. (Ord. 94-013
§ 1, 1994; Ord. 80-201, 1980)
20.24.110[11.] Trans -America [Trans
America] Bike Route.
No land use action or permit shall be
allowed on adjacent lands to the [Trans
America] Trans -America bike route that will
unduly affect the purpose of the bike route.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
[* That area known as Casper Mobile
Acres located approximately between 9th
Title 20 31 (3/2/94)
0128-1839
and 5th Streets N. E., Antler and Evergreen
Streets, Tax Map 151315 -BA, in Redmond
will be zoned R-4 until June 31, 1996, or
sooner if deed restrictions for non-
residential uses are removed, at which time
it will be rezoned to Industrial (M-1) in
accordance with the Redmond
Comprehensive Plan. Mobile homes shall
be the only permitted use in Casper Mobile
Acres.]
Title 20 32 (3/2/94)
Chapter 20.28 [Section 3.0451.
URBAN HIGH DENSITY
RESIDENTIAL - R-5 ZONE.
[In an R-5 zone, the following regulations
shall apply:]
Sections:
Yards.
20.28.010
Purpose.
20.28.020
Uses permitted outright.
20.28.030
Conditional uses permitted.
20.28.040
Accessory uses.
20.28.050
Lot size.
20.28.060
Yards.
20.28.070
Height of buildings.
20.28.080
Signs.
20.28.090
Off-street parking and
loading.
20.28.100
Special yards and distances
between buildings.
20.28.110
Trans -America bike route.
20.28.010[1.] Purpose.
This district is intended to provide for
high density, multiple -family developments
in locations close to shopping service,
transportation or public open space, and in
appropriate locations to provide a
transitional use area between residential
areas and other less restrictive districts. The
professional and office uses are included
conditionally to enhance the function of this
district in transitional areas and to
encourage this transaction in a more
residential character. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.28.020[2.] Uses permitted outright.
In an R-5 zone, the following uses are
permitted outright:
A. Single-family dwelling, including
manufactured homes subject to Section
20.104.070 [excluding mobile homes and
manufactured homes].
B. Duplex [Two-family dwelling].
C. Multi -family dwelling.
0128-1840
D. Multi -family dwelling complex subject
to Section 20.140.060 [4.055].
E. Accessory uses and structures [subject
to Article IV].
F. Condominiums.
G. A duplex lot in an approved duplex lot
subdivision. (Ord. 94-013 § 1, 1994; Ord. 91-
012 § 7, 1991; Ord. 81-041 § 1, 1981; Ord.
80-201, 1980)
20.28.030[3.] Conditional uses permitted.
In an R-5 zone, the following uses and
their accessory uses are permitted when
authorized in accordance with the provisions
of Chapter 20.116 [Article VII]:
A. Boarding house.
B. Day nursery.
C. Hospital, nursing home, convalescent
or retirement home [home for the aged].
D. Medical or dental clinic.
E. Public or semipublic use.
F. Utility facility.
G. Professional offices.
H. School.
I. Planned unit development district.
J. Neighborhood commercial district.
K. Sports Facilities under 3,500 square
feet located on an arterial or collector street
and across from a commercial zone, subject
to Chapter 20.118, Site & Design Review.
L. Video Store: provided that this use
can only be located on property adjacent to
commercially zoned areas and located on an
arterial or collector street. This use shall be
subject to Chapter 20.118, Site & Design
Review. (Ord. 94-013 § 1, 1994; Ord. 80-
201,1980)
20.28.040[4.] Accessory uses.
In an R-5 zone, there [shall be the
following limitations on accessory uses:
A. There] shall be not more than one
private garage for each dwelling unit, and
the garage shall not exceed 950 square feet
in floor area. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.28.050[5.] Lot size.
Title 20 33 (3/2/94)
In an R-5 zone, the minimum lot size shall
be as follows where there is both a public
water and sewer system provided:
A. For a single-family dwelling, the lot
area shall be a minimum of 6,000 square
feet.
B. For a two-family dwelling, the lot area
shall be a minimum of 7,500 square feet.
For a duplex lot in an approved duplex lot
subdivision, the lot area for each lot shall be
a minimum of 3,750 [5,000] square feet.
C. For a multi -family dwelling or
condominium, the lot area shall be a
minimum of 7,500 square feet plus 1,250
square feet for each dwelling unit over two
but less than four.
D. For a multi -family dwelling complex,
the lot area shall have a minimum of 7,500
square feet for the first unit plus the
minimum square footages based upon the
number of bedrooms per dwelling unit in the
following table:
Land Area Land Area
1st & 2nd Floors 3rd Floor & Above
Studio or
Efficiency
650 sq. ft
250 sq. ft
1 Bedroom
900 sq. &
500 sq. ft
2 Bedrooms
1,250 sq. ft
1,000 sq. ft
3 Bedrooms
1,850 sq. ft
1,550 sq. ft
4 Bedrooms
2,100 sq. ft
1,850 sq. ft
provided that the overall density does not
exceed one dwelling unit per 2,500 square
feet of lot area.
E. Provided, however, housing exclusively
designated for the elderly may have a
density not to exceed 2,000 square feet of lot
area per dwelling unit. Housing allowed
under this provision shall be used by elderly
persons exclusively. For the purpose of this
subsection, an elderly person is a person 60
years of age or older. Any change in the
use of housing allowed hereunder shall
require a conditional use permit.
F. Each lot shall have a minimum street
frontage of 50 feet, except for lots fronting
on a cul-de-sac turnaround, said frontage
may be reduced to 40 feet. This frontage
shall be measured at the front yard setback.
G. For properties subject to the density
0128-1841
transfer provisions of the OSPR zone, the
lot sizes may vary, depending on the number
of units transferred from said zone. (Ord.
94-013 § 1, 1994; Ord. 84-026 § 4, 1984;
Ord. 81-041 § 1, 1981; Ord. 81-007 §§ 6 &
&, 1981; Ord. 80-201, 1980)
20.28.060[6.] Yards.
Except as provided in Chapter 20.112
[Article VI], in an R-5 zone, the minimum
yard requirements shall be as follows:
A. A front yard shall be a minimum of 15
feet from the foundation of a building,
structure or portion thereof used for
dwelling purposes and 25 feet from the
foundation of a separate building structure
or portion thereof used as a garage or other
residential use to the street right of way.
The garage setback may be reduced to 20
feet when associated with a single-family
residential use and when a paved surface at
least 20 feet wide is provided between the
front property line and garage.
B. A side yard shall be a minimum of 5
feet from the foundation to the property
line, except on corner lots. The side yards
shall be increased by 1/2 foot for each foot
by which the building height exceeds 15 feet.
C. A rear yard shall be minimum of 5
feet from the foundation to the property
line. A rear yard shall be increased by 1/2
foot for each foot by which the building
height exceeds 15 feet.
D. The setback from the northern lot line
shall meet the solar setback requirements in
Section 20.104.140 [4.170]. (Ord. 94-013 § 1,
1994; Ord. 83-040 § 9, 1983; Ord. 81-007 §
8, 1981; Ord. 80-201, 1980)
20.28.070[7.] Height of buildings.
In an R-5 zone, no building shall exceed a
height of 40 feet. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.28.080[8.] Signs.
Signs shall be placed in accordance with
the provisions of the applicable sign
ordinance [Article IV]. (Ord. 94-013 § 1,
Title 20 34 (3/2/94)
0128-1842
1994; Ord. 80-201, 1980)
20.28.090[9.] Off-street parking and
loading.
In an R-5 zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chanter 20.108 [Article V].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.28.100[10.] Special yards and distances
between buildings.
Special yards and distances between
buildings shall be provided as follows:
A. An inner court providing access to
double -row dwelling groups shall be a
minimum of 20 feet in width.
B. Except for single-family dwellings on
one lot, the distance between principal
buildings shall be at least one-half the sum
of the height of both buildings; provided,
however, that in no case shall the distance
be less than 12 feet. This requirement shall
also apply to portions of the same buildings
separated from each other by a court or
other open space.
20.28.110[11.] [Transamerica] Trans -
America bike route.
No land use action or permit shall be
allowed on adjacent lands to the
[Transamerica] Trans -America bike route
that would unduly affect the purpose of the
bike route. (Ord. 94-013 § 1, 1994; Ord. 81-
007 § 9, 1981)
Title 20 35 (3/2/94)
Chanter 20.32[Section 3.0501.
STRIP -SERVICE COMMERCIAL - C-1
ZONE.
[In a C-1 zone, the following regulations
shall apply:]
Sections:
20.32.010
Purpose.
20.32.020
Uses permitted outright.
20.32.030
Conditional uses permitted.
20.32.040
Dimensional standards.
20.32.050
Yards.
2032.060
Off-street parking and
loading.
2032.070
Signs.
2032.080
Trans -American bike route.
2032.010[1.] Purpose.
The purpose of this zone is:
A. To create and preserve areas suitable
for commercial uses and services primarily
oriented to automobile traffic, requiring
extensive outdoor display and storage, and in
support of the central business district or
principal downtown shopping area.
B. In general, this zone shall be applied
to those areas already existing and desirable
to retain and for those areas that, because of
new and/or changing traffic patterns, should
be developed for such purposes.
C. To allow for high density residential
development in [these] those areas where
such development will not adversely affect
commercial development in the zone as a
whole. (Ord. 94-013 § 1, 1994; Ord. 81-007 §
10, 1981; Ord. 80-201, 1980)
20.28.020[2.] [Outright] Uses permitted
outright.
In a C-1 zone, the following uses and their
accessory uses are permitted outright:
A. Automotive sales and service,
including auto repair, gasoline service
stations, truck shops and car washes.
B. Boat, trailer and recreational vehicle
0128-1843
sales and service and sporting goods.
C. Manufactured [Mobile] home sales
and service.
D. Motel, resort, restaurant, cafe, tavern
and similar travelers accommodations and
entertainment [business] businesses,
including drive-in restaurants and tourist -
related retail.
E. Building supply and warehousing,
lumber supply and storage and construction
related businesses.
F. Farm and other heavy equipment sales
and service.
G. Grocery, general merchandise,
hardware and other retail trade
establishments, including outside storage and
display.
H. Plant nursery and greenhouse
operation and landscaping supply and
service.
I. Laundry, dry cleaning establishment
and self-service laundry.
J. Bank or other financial institution.
K. Printing, publishing or other business
supply business, including photography and
newspapers.
L. Veterinary clinic or kennel.
M. Business or professional offices.
N. Commercial recreation or
entertainment facility, including drive-in
theater, golf course, pitch -n -putt, driving
range and other such uses.
O. Commercial mini -storage and
dispensing.
[Q]P. Indoor sports arena, gymnasiums,
auditoriums and physical culture studios.
[R]Q Commercial activity directly serving
agriculture.
S. Multi -family dwellings and multi-
family dwelling complexes in that part of the
C-1 zone that lay east of Canal Boulevard
and north of Maple Avenue. Development
shall be in accordance with the R-5 zone
standards and Section 20.104.060 [4.055].
(Ord. 94-013 § 1, 1994; Ord. 81-007 § 11,
1981; Ord. 80-201, 1980)
2032.030[3.] Conditional uses permitted.
Title 20 36 (3/2/94)
In a C-1 zone, the following uses and their
accessory uses are permitted when
authorized in accordance with the provisions
of Chapter 20.116 [Article VII] and
[subsection (4) of this section]Section
20.32.040:
A. Any complex of three or more
outright uses.
B. Multi -family dwelling complex or
manufactured [mobile] home park.
C. The resumption of a residential use as
the use has been previously conducted.
D. Manufacturing of a nontoxic type
where the only retail sales outlet for the
product produced is on the premises.
E. Public utility service, equipment and
storage yards.
F. Transportation and tour terminals.
G. Public and semipublic use.
H. Mortuary or funeral home.
I. Planned unit development district.
J. Utility facility.
K. Living quarters necessary to the
operation of a commercial enterprise or for
custodians of commercially used properties
requiring extensive outdoor storage.
L. Recreational vehicle parks.
(Ord. 94-013 § 1, 1994; Ord. 91-012 § 9,
1991; Ord. 81-007 § 12,1981; Ord. 80-201,
1980)
20.32.040[4.] Dimensional standards.
In a C-1 zone, the following dimensional
standards shall apply:
A. Dimensional requirements shall be
determined by requirements set forth by the
Hearings Body [commission] relative to off-
street parking and loading, access permitted
outside display areas, landscaping and other
customer environment facilities or
improvements and requirements relative to
construction safety standards. No use or
accessory use thereof, however, shall be
permitted which will project into or over a
street right of way or create a hazard to
vision clearance at a street -to -street or
street -to -alley intersection.
B. No building shall exceed a height of
0128-1844
60 feet.
C. Noncommercial uses permitted by this
section shall not exceed 50 percent lot
coverage.
D. Landscaping shall cover 15 percent of
the lot area. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.32.050[5.] Yards.
Except as provided in Chanter 20.112
[Article VI], in a C-1 zone, the minimum
yard requirements shall be as follows:
A. A front yard shall be a minimum of 50
feet from the foundation to the street right
of way of an arterial, 35 feet to a collector
and 10 feet to a local street.
B. A side or rear yard abutting a
residential zone shall be a minimum of 25
feet from the foundation to the property line
or as allowed by the Hearings Body
[Planning Commission].
C. A side or rear yard abutting a local
street shall be a minimum of 10 feet from
the foundation to the property line [and] 25
feet if abutting a collector., [or] and 50 feet
to an arterial street.
D. A rear yard abutting an alley shall be
25 feet from the foundation to the property
line when it is to be used for servicing the
commercial establishment and 10 feet in
other cases.
E. The setback from the northern lot line
shall meet the solar setback requirements in
Section 20.104.140 [4.170]. (Ord. 94-013 § 1,
1994; Ord. 83-040 § 10, 1983; Ord. 80-201,
1980)
2032.060[6.] Off-street parking and
loading.
In a C-1 zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chanter 20.108 [Article V].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
[7. Access Limitations. In a C-1 zone, the
following access limitations shall apply:
A. There shall not be more than one
access allowed per each 100 feet of frontage
Title 20 37 (3/2/94)
0128-1845
on a collector or an arterial inside of the
access core area.
B. There shall not be more than one
access allowed per each 600 feet of frontage
on a collector or an arterial outside the
access core area.
C. If necessary to meet these
requirements, permitted uses shall provide
for shared access.
D. No use shall require backing of traffic
onto a public right of way to accommodate
adequate access.
E. All parking and loading demands
created by any use shall be accommodated
on subject premises entirely off street.]
2032.070[8.] Signs.
Signs shall be provided in accordance with
the provisions of the applicable sign
ordinance [Article IV]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
2032.080[9.] [Trans America]Trans-
America bike route.
No land use action or permit shall be
allowed on adjacent lands to the [Trans
America] Trans -America bike route that will
unduly affect the purpose of the bike route.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
Title 20 38 (3/2/94)
Chapter 2036[Section 3.0601.
CENTRAL BUSINESS DISTRICT
COMMERCIAL (CBD) - C-2 ZONE.
[In a C-2 zone, the following regulations
shall apply:]
Sections:
Use limitations and
2036.010
Purpose.
2036.020
Uses permitted outright.
2036.030
Conditional uses permitted.
2036.040
Dimensional and setback
20.36.080
standards.
2036.050
Use limitations and
requirements.
2036.060
Off-street parking and
loading.
2036.070
Signs.
20.36.080
Trans -American bike route.
2036.010[1.] Purpose.
The purpose of the C-2 zone is as follows:
A. To create and preserve areas suitable
for commercial uses and services on a broad
basis to serve as the central shopping or
principal downtown area for the city.
B. In general, this zone shall be applied
to the town "center" already existing and
desirable to retain and to abutting and
adjacent areas necessary to serve population
growth. In any event, no other C-2 zone
shall be established until there is a
demonstrated need for such action. No two
C-2 zones shall be established in such
relationship to each other that they cannot
act as one center. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
2036.020[2.] Uses permitted outright.
In a C-2 zone, the following uses and their
accessory uses are permitted outright.
A. Offices for professional services such
as doctors, dentists, accountants, banking,
communications, [attorney] attorneys and
similar services.
B. Retail trade establishments such as
0128-1846
grocery, variety, drugs, clothing, home
[furnishing] furnishings, hardware, sporting
goods and specialty shops. This does not
include drive-in type businesses such as auto,
truck, boat and trailer sales, tire stores and
similar type uses.
C. Service commercial businesses such as
clothes cleaning, beauty and barber shops,
home furnishing repair, shoe and other
apparel repair and similar type businesses,
but does not include auto service and repair.
D. Entertainment type businesses such as
cafes, taverns, restaurants, including drive-in
restaurants. Fraternal organization uses
shall be included.
E. Governmental service offices such as
welfare, employment, veteran services and
similar personal type services.
F. Newspapers, printing shops [an] and
duplicating processes.
G. Financial and business service
establishments such as banks, savings and
[loan] loans, printing and publishing and
similar type businesses.
H. Public or private parking lots or
facilities.
I. Hotels and motels.
J. Development of software for word
processors and computers; assembly of
office equipment or similar types of
equipment; wholesale and retail sales
thereof.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
2036.030[3.] Conditional uses permitted.
In a C-2 zone, the following uses and their
accessory uses are permitted when
authorized in accordance with the provisions
of Chapter 20.116 [Article VII] and
[subsection (4) of this section Section
2036.040.
A. Automobile sales and service including
auto repair.
B. Automobile service stations or
garages, car washes or laundries other than
those utilizing automatic or steam cleaning
equipment.
C. Commercial bakeries.
Title 20 39 (3/2/94)
D. Commercial amusement
establishments such as bowling alleys,
skating rinks, pool halls, etc.
E. Electrical, plumbing and furniture
upholstering shops, provided that all
materials are kept and all activities are
conducted entirely within a building.
F. Equipment sales and rental yards,
[used car lots] and other yards where retail
sales products are displayed in the open only
when contiguous to and abutting a C-1 zone.
G. Funeral homes, undertaking parlors
and mortuaries.
H. Gymnasiums, physical culture studios
and reducing salons.
I. Multi -family dwellings of more than
six units.
J. Public use or semipublic use.
K. Transportation and tour terminals and
travel agencies.
L. The resumption of a residential use as
the use has been previously conducted.
M. Nursery or kindergarten and day care
center.
N. Planned unit development district.
O. Utility facility.
(Ord. 94-013 § 1, 1994; Ord. 81-041 § 1,
1981; Ord. 81-007 § 13, 1981; Ord. 80-201,
1980)
20.36.040[4.] Dimensional and setback
standards.
In a C-2 zone, the following dimensional
and setback standards shall apply:
A. Dimensional and setback requirements
shall be determined by requirements set
forth by the Hearings Body [commission]
relative to off-street parking and loading,
access permitted outside display areas,
landscaping and other customer environment
facilities or improvements and requirements
relative to construction safety standards. No
use or accessory use thereof, however, shall
be permitted which will project into or over
a street right of way or create a hazard to
vision clearance at a street -to -street or
street -to -alley intersection.
B. No building shall exceed a height of
0128-184'7
60 feet.
C. Noncommercial uses permitted by this
section shall not exceed 50 percent lot
coverage. (Ord. 94-013 § 1, 1994; Ord. 80-
201,1980)
20.36.050[5.] Use Limitations and
Requirements.
In a C-2 zone, the following use
limitations and requirements shall apply:
A. All business, service, repair,
processing, storage or merchandise display
shall be conducted wholly within an enclosed
building, except for drive-in windows, display
of merchandise along the outside wall of the
building not extending more than three feet
from the wall, the outside display of
merchandise during a merchants' or
community sponsored promotional sale or
the outside display of merchandise confined
to an area or facility designed for such
purpose and approved by the Hearings Body
[commission].
B. All employee parking demand created
by any use permitted under the provisions of
this section shall be accommodated [for]
entirely by off-street parking and limited to
an area or facility, public or private,
designated for such use.
C. No use permitted by this section shall
require the backing of traffic onto a public
street right of way to accommodate access to
any use or the premises thereof.
[D. There shall not be more than one
access from properties accommodating uses
permitted by this section per 100 feet of
street frontage on a collector or arterial
inside the access core area, and not more
than one access per 600 feet of street
frontage on a collector or arterial outside of
the access core area. In all cases, permitted
uses shall be encouraged and may be
required to share access.]
D[E]. Uses in excess of 20,000 square feet
of retail sales floor area shall provide
customer restroom facilities.
E[F]. Landscaping shall cover 5 percent
of the lot area.
Title 20 40 (3/2/94)
0128-1818
F[G]. Uses permitted by this section
involving drive-in window service shall be
limited to access locations which will not
create traffic hazards, cross traffic patterns
or require additional curb cuts on a street
recognized as an arterial or collector.
[H. The setback from the northern lot line
shall meet the solar setback requirements in
Section 4.170.]
(Ord. 94-013 § 1, 1994; Ord. 83-040 § 11,
1983; Ord. 81-007 § 14, 1981; Ord. 80-201,
1980)
2036.060[6.] Off-street parking and
loading.
In a C-2 zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chanter 20.108 [Article V].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
2036.070[7.] Signs.
Signs shall be provided in accordance with
the provisions of the applicable sign
ordinance [Article IV]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
2036.080[8.] [Trans America] Trans -
America bike route.
No land use action or permit shall be
allowed on adjacent lands to the [Trans
America.] Trans -America bike route that will
unduly affect the purpose of the bike
[routes] route. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
Title 20 41 (3/2/94)
Chapter 20.40 [Section 3.070].
SPECIAL SERVICE COMMERCIAL -
C-3 ZONE
[In a C-3 zone, the following regulations
shall apply:]
Sections:
20.40.010
Purpose.
20.40.020
Uses permitted outright.
20.40.030
Conditional uses permitted.
20.40.040
Minimum lot size and
dimensional standards.
20.40.050
Use limitations.
20.40.060
Yards.
20.40.070
Off-street parking and
loading.
20.40.080
Signs.
20.40.090
Trans -America bike route.
20.40.010[1.] Purpose.
The purpose of the C-3 zone is as follows:
A. To create and preserve areas suitable
for special commercial uses and services and
compatible noncommercial uses and, on a
broad basis, to serve as a center for
emergency services such as medical health
care for the urban area.
B. The zone should also encourage the
location of uses which provide close and
easy access for that sector of the population
which is in the most need of such services,
such as the elderly.
C. The zone should maintain the quiet
and low -intensity use atmosphere deemed
preferential for such uses.
20.40.020[2.] Uses permitted outright.
In a C-3 zone, the following uses and their
accessory uses are permitted outright subject
to the provisions of this chapter [section]:
A. Medical or dental clinics and offices.
B. Hospital, nursing, convalescent or
retirement home.
C. Multi -family dwelling complexes
limited to the aged, 55 years and older.
0128--1849
D. Government [office] offices. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.40.030[3.] Conditional uses permitted.
In a C-3 zone, the following uses and their
accessory uses are permitted when
authorized in accordance with the provisions
of Chapter 20.116 [Article VII] and this
chapter [section]:
A. Offices for accountants, bookkeepers,
attorneys, engineers, real estate, etc.
B. Studios and galleries for artists,
photographers and interior decorators.
C. Single or two-family dwellings.
D. Multi -family dwelling not limited to
the aged.
E. Retail trade, including grocery, variety,
drugs, specialty shops, [florist florists gift
shops, etc.
F. Service commercial, including laundry,
beauty and barber shops, shoe repair, etc.
G. Restaurant or cafe.
H. Manufactured [Mobile] home park.
I. Public or semipublic use.
J. Planned unit development district.
K. Resumption of a residential use as the
use had been previously conducted.
L. Utility facility.
(Ord. 94-013 § 1, 1994; Ord. 81-007 § 15,
1981; Ord. 80-201, 1980)
20.40.040[4.] Minimum lot size and
dimensional standards.
In a C-3 zone, the following minimum lot
size and dimensional standards shall apply:
A. Commercial/Nonresidential Uses.
Dimensional requirements shall be
determined by requirements set forth by the
Hearings Body [Commission] relative to off-
street parking and loading, access, permitted
outside display areas, landscaping and other
customer environment facilities or
improvements and requirements relative to
construction safety standards. No use or
accessory use thereof, however, shall be
permitted or create a hazard to vision
clearance at a street -to -street or street -to -
alley intersection.
Title 20 42 (3/2/94)
B. No building shall exceed a height of
40 feet.
C. Residential Uses. The standards set
forth in the R-5 zone for density shall be
used in determining residential development
in the C-3 zone. However, housing
exclusively designated for the elderly may
have a density not to exceed 2,000 feet of lot
area per dwelling unit. Housing allowed
under this provision shall be used by elderly
Persons exclusively. For the purposes of
this subsection, an elderly person is a
person sixty years or older. Any change in
the use of housing allowed hereunder shall
require a conditional use permit.
D. Landscaping shall cover 15 percent of
the lot area. (Ord. 94-013 § 1, 1994; Ord.
81-007 H 16 through 19, 1981; Ord. 80-201,
1980)
20.40.050[5.] Use Limitations.
In a C-3 zone, the following use
limitations shall apply:
A. All parking demand created by any
permitted use under the provisions of this
section shall be accommodated on the
subject premises entirely off street.
B. No use permitted by this section shall
require the backing of traffic onto a public
or private street, road or alley right of way
to accommodate access to any use or the
premises thereof.
[C. There shall not be more than one
access from properties accommodating uses
permitted by this section per each 100 feet
of frontage on a collector or arterial. If
necessary to meet this requirement,
permitted uses shall provide for shared
access.]
C[D]. Landscaping and vegetative or
other screening may be required to protect
abutting or area land uses and increase the
attractiveness of the area. (Ord. 94-013 § 1,
1994; Ord. 81-007 § 20, 1981; Ord. 80-201,
1980)
20.40.060[6.] Yards.
Except as provided in Chapter 20.112
0128-1850
[Article VI], in a C-3 zone, the minimum
yard requirements shall be as follows:
A. A front yard shall be a minimum of 50
feet from the foundation to the street right
of way of an arterial, 25 feet to a collector
and 10 feet to a local street.
B. A side or rear yard abutting a
residential zone shall be a minimum of 25
feet from the foundation to the property
line.
C. A side or rear yard abutting a local
street shall be a minimum of 10 feet from
the foundation to the property line, and 25
feet if abutting a collector or arterial street.
D. A rear yard abutting an alley shall be
25 feet from the foundation to the property
line when it is to be used for servicing the
commercial establishment, and 10 feet in
other cases.
E. The setback from the northern lot line
shall meet the solar setback requirements in
Section 20.104.140 [4.170]. (Ord. 94-013 § 1,
1994; Ord. 83-040 § 12, 1983; Ord. 80-201,
1980)
20.40.070[7.] off-street parking and
loading.
In a C-3 zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chapter 20.108 [Article V].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.40.080[8.] Signs.
Signs shall be provided in accordance with
the provisions of the applicable sign
ordinance [Article IV]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.40.090[9.] [Trans America] Trans -
America bike route.
No land use action or permit shall be
allowed on adjacent lands to the [Trans
America.] Trans -America bike route that will
unduly affect the purpose of the bike route.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
Title 20 43 (3/2/94)
Chanter 20.44 [Section 3.0801.
LIMITED SERVICE COMMERCIAL -
C-4 ZONE
[In a C-4 zone, the following regulations
shall apply:]
Sections:
20.44.010
Purpose.
20.44.020
Uses permitted outright.
20.44.030
Conditional uses permitted.
20.44.040
Dimensional standards.
20.44.050
Yards.
20.44.060
Use limitations.
20.44.070
Off-street parking and
loading.
20.44.080
Signs.
20.44.090
Trans -America bike route.
20.44.010[1.] Purpose.
The purpose of the C-4 zone is as follows:
A. To retain the general character of the
limited strip -type commercial that presently
exists in that area encompassed by this zone,
and to provide for a lower intensity of
heavily auto -related [business] businesses at
the west entry to the rrban area [City].
[B. To maintain a higher level of use
compatibility in areas where strip -type
commercial and residential uses abut.]
B[C]. To maintain an attractive
appearance in the area of the western entry
to the urban area [City], such entry being a
high use route for visitors to the area. (Ord.
94-013 § 1, 1994; 80-201, 1980)
20.44.020[2.] Uses permitted outright.
In a C-4 zone, the following uses and their
accessory uses are permitted subject to the
provisions of [subsection (6) of this section]
Section 20.44.060:
A. Offices for professional services such
as doctors, dentists, real estate, insurance,
accountants, banking, communications,
attorneys and similar services.
B. Retail trade establishments such as
0128-1851
grocery, variety, drugs, clothing, home
furnishings, hardware, sporting goods and
specialty shops; does not include drive-in
type businesses such as auto, truck, boat and
trailer sales, tire stores and similar type uses.
C. Service commercial businesses such as
clothes cleaning, beauty and barber shops,
home furnishing repair, shoe and other
apparel repair and similar type businesses;
does not include auto service and repair.
D. Entertainment type businesses such as
cafes, taverns and restaurants, including
drive-in restaurants. Fraternal organization
uses shall be included.
E. Governmental service offices such as
welfare, employment, veteran services and
similar personal type services.
F. Financial and business service
establishment such as banks, savings and
[loan] loans, printing and publishing and
similar type businesses.
G. Newspapers, printing shops and
duplicating processes.
H. Public or private lots or facilities.
I. Nurseries and garden supply stores,
provided all outside storage and display is
adequately screened.
J. Plumbing, electrical, building
contractor and other construction related
businesses; provided there is no outside
storage (i.e., the business is wholly enclosed
within a building.)
K. Motels.
L. Small animal veterinary clinic wholly
enclosed within a building.
M. Tour, travel and ticket agencies.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.44.030[3.] Conditional uses permitted.
In a C4 zone, the following uses and their
accessory uses are permitted when
authorized in accordance with the provisions
of Chapter 20.116 [Article VII] and this
chapter [section]:
A. Automotive sales and service,
including auto repair, gasoline service
stations, truck shops and car washes.
B. Boat, trailer and recreational vehicle
Title 20 44 (3/2/94)
sales and service, and sporting goods.
C. Manufactured [Mobile] home sales
and service.
D. Commercial recreation or
entertainment [facility] facilities, including
drive-in [theatre] theaters, golf courses,
including pitch 'n' putt and driving [range]
ranges, bowling [alley] alleys, skating rinks,
pool halls, etc.
E. Mortuary or funeral home.
F. Multi -family dwelling.
G. Multi -family dwelling complex or
manufactured [mobile] home park.
H. The resumption of a residential use as
the use [has] had been previously conducted.
I. Public utility service, equipment and
storage yards.
J. Indoor sports arenas, gymnasiums,
auditoriums and physical culture studios.
K. Food lockers, ice storage and
dispensing.
L. Commercial mini -storage facilities.
M. Equipment sales, service and rental
yards, used car lots and other yards where
[retain] retail products are displayed in the
open.
N. Public or semipublic use.
O. Planned unit development district.
P. Utility facility.
Q. Living quarters necessary to the
operation of a commercial enterprise or for
custodians of commercially used properties
requiring extensive outdoor storage.
(Ord. 94-013 § 1, 1994; Ord. 91-012 § 10,
1991; Ord. 81-007 § 21, 1981; Ord. 80-201,
1980)
20.44.040[4.] Dimensional standards.
In a C-4 zone, the following dimensional
standards shall apply:
A. Dimensional requirements shall be
determined by requirements set forth by the
Hearings Body [commission] relative to off-
street parking and loading, access permitted
outside display areas, landscaping and other
customer environment facilities or
improvements and requirements relative to
construction safety standards. No use or
0128-1852
accessory use thereof, however, shall be
permitted which will project into or over a
street right of way or create a hazard to
vision clearance at a street -to -street or
street -to -alley intersection.
B. No building shall exceed a height of
60 feet.
C. Non-commercial uses permitted by
this section shall not exceed 50 percent of
the lot coverage.
D. Landscaping shall cover 15 percent of
the lot area. (Ord. 94-013 § 1, 1994; 80-201,
1980)
20.44.050[5.] Yards.
Except as provided in Chapter 20.112
[Article VI], in a C-4 zone, the minimum
yard requirements shall be as follows:
A. A front yard shall be a minimum of 10
feet from the foundation to the street right
of way as adopted on the [City]
Comprehensive Plan for a local street, 25
feet for a collector street and 50 feet for an
arterial street.
B. A side or rear yard abutting a
residential zone shall be a minimum of 25
feet from the foundation to the property
line.
C. A side or rear yard abutting a local
street shall be a minimum of 10 feet from
the foundation to the property line [and] 25
feet on a [arterial or] collector[.]. and 50
feet on an arterial. Provided, however, a
rear -yard along the north side of Highland
Avenue, (Hwy 126), between S.W. 23rd and
S.W. 27th shall be a minimum of 25' on an
arterial.
D. A rear yard abutting an alley shall be
25 feet from the eave line to the property
line when it is to be used for servicing the
commercial establishment, 10 feet in other
cases.
[E. The setback from the northern lot line
shall meet the solar setback requirements in
Section 4.170.]
(Ord. 94-013 § 1, 1994; Ord. 83-040 § 13,
1983; Ord. 80-201, 1980)
Title 20 45 (3/2/94)
[6. Access Limitations. In a C4 zone, the
following access limitations shall apply:
A. There shall not be more than one
access allowed per each 100 feet of frontage
on a collector or an arterial inside of the
access core area.
B. There shall not be more than one
access allowed per each 600 feet of frontage
on a collector or an arterial outside the
access core area.
C. If necessary to meet these
requirements, a permitted use shall provide
for shared access.
D. No use shall require backing of traffic
onto a public right of way to accommodate
adequate access.
E. All parking and loading demands
created by any use shall be accommodated
for the subject premises entirely off-street.]
20.44.060[7.] Use limitations.
All uses permitted by this chanter
[section] shall be subject to the following
limitations:
A. All parking and loading demand
created by any use permitted under the
provisions of this section shall be
accommodated on the subject premises
entirely off-street.
B. No use permitted by this section shall
require the backing of traffic onto a public
or private street, road or alley right of way
to accommodate access to any use on the
premises thereof.
C. No use shall require backing of traffic
onto a public right of way to accommodate
access.
D. All parking and loading demands
created by any use shall be accommodated
[or] for the subject premises entirely off-
street.
E. Landscaping and vegetative or other
screening may be required to protect
abutting or area land uses and to increase
the attractiveness of the area.
F. Uses permitted by this section
involving drive-in window service shall be
limited to access locations which will not
0128-°1853
create traffic hazards, cross traffic patterns
or require additional curb cuts on a street
recognized as an arterial or collector. (Ord.
94-013 § 1, 1994; Ord. 80-201, 1980)
20.44.070[8.] Off-street parking and
loading.
In a C4 zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chapter 20.108 [Article
IV]. (Ord. 94-013 § 1, 1994; Ord. 80-201,
1980)
20.44.080[9.] Signs.
Signs shall be provided in accordance with
the provisions of the applicable sign
ordinance [Article V]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.44.090[10.] [Trans America] Trans -
America bike route.
No land use action or permit shall be
allowed on adjacent lands to the [Trans
America] Trans -America Bike Route that
will unduly affect the purpose of the bike
route. (Ord. 94-013 § 1, 1994; Ord. 80-201,
1980)
Title 20 46 (3/2/94)
Chapter 20.48 [Section 3.090.]
TOURIST COMMERCIAL - C-5 ZONE
[In a C-5 zone, the following regulations
shall apply:]
Sections:
20.48.010
Purpose.
20.48.020
Uses permitted outright.
20.48.030
Conditional uses permitted.
20.48.040
Dimensional standards.
20.48.050
Yards.
20.48.060
Use limitations.
20.48.070
Off-street parking and
loading.
20.48.080
Signs.
20.48.010[1.] Purpose.
The purpose of the C-5 zone is as follows:
A. To provide for the concentration of
commercial uses primarily oriented to the
traveler and tourist sector in locations
complimentary to existing facilities and
future major transportation facilities.
B. To provide incentive for public and
private investments in traveler and tourist
related complexes. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.48.020[2.] Uses permitted outright.
In a C-5 zone, the following uses and their
accessory uses are permitted outright subject
to the provisions of [subsection (6) of this
sectionlSection 20.48.060:
A. Public or private park, playground,
golf course, pitch 'n' putt golf, miniature
[gold] golf and similar recreational [facility]
facilities, excluding a golf driving range and
amusement park.
B. Automobile, truck and recreation
vehicle gasoline service station.
C. Eating or drinking establishment,
including a drive-in restaurant, provided that
for any establishment serving alcoholic
beverages, the primary business shall be a
cafe or restaurant.
0128-1854
D. Beauty andL barber shops.
E. Public or semi-public use.
F. General merchandise, grocery store or
delicatessen.
G. Artist, book, music or photography
store or gallery.
H. Laundromats or clothes cleaning
establishments.
I. Drug, sundry, variety or hobby store.
J. Rock shop, gift shop or specialty shop.
K. Sporting goods and bait shop.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.48.030[3.] Conditional uses permitted.
In a C-5 zone, the following uses and their
accessory uses are permitted when
authorized in accordance with the provisions
of Chapter 20.116 [Article VII] and this
chapter [section]:
A. Recreation vehicle sales and service,
including boats, travel trailers, motorcycles,
snowmobiles, etc.
B. Convention center.
C. Drive-in uses.
D. Any complex involving three or more
of the uses permitted outright.
E. Car washes.
F. Banks, financial institutions,
professional and business offices.
G. Public an or semi-public use.
H. [Taveler's]Travelers' accommodation
facilities, including hotels, motels,
campgrounds, overnight travel parks and
recreational vehicle parks.
I. Commercial amusement establishment
such as bowling alleys, skating rinks, pool
halls, etc.
J. Gymnasiums, physical culture studios
and reducing salons.
K. Indoor sports arenas, auditoriums and
theaters.
L. Caretaker or commercial owner -
operated residence.
M. Childrens day nursery.
N. Planned unit development district.
O. Utility facility.
(Ord. 94-013 § 1, 1994; Ord. 84-003 § 2,
1984; Ord. 81-007 § 22; Ord. 80-201, 1980)
Title 20 47 (3/2/94)
20.48.040[4.] Dimensional standards.
In a C-5 zone, the following dimensional
standards shall apply:
A. Dimensional requirements shall be
determined by requirements set forth by the
Hearings Body [commission] relative to off-
street parking and loading, access, permitted
outside display areas, landscaping and other
customer environment facilities or
improvements and requirements relative to
construction safety standards. No use or
accessory use thereof, however, shall be
permitted which will project into or over a
street right of way or create a hazard to
vision clearance at a street -to -street or
street -to -alley intersection.
B. No building shall exceed a height of
60 feet.
C. Non-commercial uses permitted by
this section shall not exceed 50 percent lot
coverage.
D. Landscaping shall cover 15 percent of
the lot area.
[B. No use permitted by this section shall
require the backing of traffic onto a public
or private street, road or alley right of way
to accommodate access to any use or the
premises thereof.
C. There shall not be more than one
access from properties accommodating uses
permitted by this section per each 600 feet
of street frontage on a collector or na
arterial. If necessary to meet this
requirement, permitted uses shall provide
for shared access.]
20.48.050[5.] Yards.
In a C-5 Zone, the minimum yard
requirements shall be as follows:
A. The minimum building setback from
the building foundation to a street right of
way line shall be 50 feet unless a greater
setback is required for compliance with the
Comprehensive Plan [criteria or policies or
as allowed by the Planning Commission].
B. The minimum setback between a
structure and an existing use permitted by
this section shall be five feet from the
0128-1855
property line and at least 10 feet from a
structure on the adjoining property, or
adjoining structure may be permitted.
C. The setback from the northern lot line
shall meet the solar setback requirements in
Section 20.104.170 [4.170]. (Ord. 94-013 § 1,
1994; Ord. 83-040 § 14, 1983; Ord. 80-201,
1980)
20.48.060[6.] Use limitations.
In a C-5 zone, the following limitations
shall apply to all permitted uses:
A. All parking demand created by any
use permitted under the provisions of this
section shall be accommodated on the
subject premises entirely off-street; minimum
standards for off-street parking requirements
shall be in accordance with the provisions of
this title [ordinance].
B. No use permitted by this section shall
require the backing of traffic onto a public
or private street, road or alley right of way
to accommodate access to any use [or] or
the premises thereof. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
[C. There shall not be more than one
access from properties accommodating uses
permitted by this section per each 600 feet
of street frontage on a collector or an
arterial. If necessary to meet this
requirement, permitted uses shall provide
for shared access.]
20.48.070[7.] Off-street parking and
loading.
In a C-5 zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chapter 20.108 [Article V].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.48.080[8.] Signs.
Signs shall be placed in accordance with
the provisions of the applicable sign
ordinance [Article IV]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
Title 20 48 (3/2/94)
Chapter 20.52 [Section 3.110.1
LIGHT INDUSTRIAL - M-1 ZONE
[In an M-1 zone, the following regulations
shall apply:]
Sections:
20.52.010
Purpose and applicability.
20.52.020
Uses permitted outright.
20.52.030
Conditional uses permitted.
20.52.040
Limitations on use.
20.52.050
Dimensional standards.
20.52.060
Yards.
20.52.070
Lot coverage.
20.52.080
Height of buildings.
20.52.090
Off-street parking and
loading.
20.52.100
Signs.
20.52.010[1.] Purpose and Applicability.
The purpose [and applicability] of the M-1
zone is as follows:
A. To provide [areas] for [the location of
those commercial] Light [and] industrial
uses such as light manufacturing. research,
transportation facilities and similar uses
which have a limited impact on surrounding
properties and are compatible with clean
non-polluting industries. [which are
generally in support of, but not necessarily
compatible with, those permissible activities
and uses in other commercial or industrial
zones; to encourage the grouping of heavy
commercial and limited industrial uses for
mutual protection and to effect economies
and efficiency in the provision of public
utilities, streets and services.]
B. To allow for office space and limited
commercial activity which supports the light
industry set forth in subsection (A) and is
compatible with those industries. [This zone
will normally be established in support of a
commercial zone and be reasonably
accessible and convenient thereto, but shall
not be established without access to an
arterial or major collector.] (Ord. 94-013 § 1,
0128-1856
1994; Ord. 80-201, 1980)
20.52.020[2.] Uses permitted outright.
In an M-1 zone, the following uses and
their accessory uses are permitted subject to
the provisions of [subsection (4) of this
s]Section 20.52.040:
A. Electronics firms
B. Secondary wood products
(e.g. furniture, to -vs)
C. Manufacturing of recreation/sportine
goods equipment
D. Precision machine shops
E. Manufacturing of medical and dental
and orthopedic equipment
F. Wholesale printing and publishing
facilities and distribution centers
G. Corporate headquarters and business
offices directly related to light industry
H. Aircraft service, maintenance and
aviation related industry
I. Enerpry related manufacturing, research
and development
J. Manufacturing of photographic
equipment
K. Mail order companies
L. Medical research facilities
M. General research and development
facilities
N. Transportation terminals and travel
agencies
O. Freighting or trucking Yards and
terminals
P. Heliports, airfields and landing strips
Q Wholesale distribution and sales:
wholesale bakeries and/or laundries
R. Manufacturing, fabricating,
Processing, packaging or storage, repairing
and warehousing which are conducted
within an enclosed building except for uses
listed as a conditional use in the M-1 Zone
or listed as an outright or conditional use in
the M-2 Zone
S. Eating and drinking establishments
T. Incidental and necessary services such
as child care facilities and recreational
facilities for persons working in an M-1
Zone when conducted within an integral
Title 20 49 (3/2/94)
part of a main structure and having no
exterior display or advertising
U. Retail sales incidental and
subordinate to a permitted use
[A. Automobile service stations, parking
lots and buildings or storage garages.
B. Bakeries, laundries, cleaning or dyeing
plants.
C. Business offices or commercial service
businesses.
D. Carpenter, cabinet, electrical,
plumbing, heating, tire, sheet metal, air-
conditioning, furniture upholstering shops or
stores and any other similar uses.
E. Contractor's yards, including material
and equipment or sale or rental of same.
F. Draying, freighting or trucking yards
or terminals.
G. Eating or drinking establishments.
H. Lumber yards and building materials
yards, but not including concrete or asphalt
mixing.
I. Manufacturing, fabricating, processing,
repairing, packing or storage, except a use
specifically as a conditional use in an M-1
zone or a use specifically listed as permitted
outright or as a conditional use in an M-2
zone.
J. Publishers, printers, cartographers,
blueprinters and similar establishments.
K. Repair garages, body and fender
works, paint and upholstery shops for boats,
automobiles and other vehicles or
equipment.
L. Retail sales incidental and subordinate
to a permitted use.
M. Transportation and tour terminals and
agencies.
N. Any terminals or storage or
maintenance yards for a fleet of vehicles.
O. Incidental and necessary services for
persons working in an M-1 zone when
conducted within an integral part of a main
structure and having no exterior display or
advertising.
P. Veterinary clinics or kennels.
Q. Wholesale distribution and sales.
R. Any manufacturing, processing,
0128-1857
assembly research, laboratory, bottling or
packaging uses which are conducted in a
building.] (Ord. 94-014 § 1, 1994; Ord. 80-
201,1980)
20.52.030[3.] Conditional uses permitted.
In an M-1 zone, the following uses and
their accessory uses are permitted when
authorized with the provisions of Chapter
20.116[Article VII] and [subsection (5) of
this slSection 20.52.050:
A. Public or semi-public use.
[B. Concrete or ready -mix plants.
C. Heliports, airfields and landing strips.
D. Sport fields, arenas or stadiums.
E. Auditoriums and drive-in theaters.
F. The sale, storage and sorting of junk,
waste, discarded or salvaged materials,
machinery, automobiles or equipment, but
not including processing.]
B[G]. Living quarters necessary to the
operation of an industrial enterprise or for
watchmen or custodians of industrially -used
property.
[H. The resumption of a residential use as
the use had been previously conducted
where such use has been discontinued.
I. Retail, wholesale and/or service
business complexes of three or more such
uses on a single premise.
J. Any use permitted by subsection (2) of
this section which is located within 600 feet
of a residential dwelling or a lot within a
duly platted subdivision or residential zone.
K. Automobile and other automotive
wrecking yard.
L. Quarry, gravel pit and subsurface or
surface mining, including crushing, screening
or washing of extracted materials.
M. Commercial feed lot, stock yard, sales
yard, slaughter house and rendering plant.]
C[N]. Planned unit development district.,
including industrial condominiums and
related business offices.
D[O]. Utility facility.
E. Business offices unrelated to light
industry. (Ord. 94-013 § 1, 1994; Ord. 81-
007 § 24, 1981; Ord. 80-201, 1980)
Title 20 50 (3/2/94)
20.52.040[4.] Limitations on use.
In an M-1 zone, the following limitations
shall apply:
A. All uses must meet local, state and
federal standards relating to noise, smoke,
odor, dust and gas.
B. Materials shall be stored and grounds
shall be maintained in a manner which will
not attract or aid the propagation of insects
or rodents or otherwise create a health
hazard.
C. All service, processing and storage on
property abutting or facing a residential
zone shall be wholly within an enclosed
building or screened from view from the
residential zone or a street or highway by a
permanently maintained, sight -obscuring
fence at least six feet high or sight -obscuring
landscape.
[D. Access from a public street to
properties in an M-1 zone shall be so
located as to minimize traffic congestion and
avoid directing industrial traffic onto
residential or other streets.
E. Building entrances or other openings
adjacent to a residential or commercial zone
shall be prohibited if they cause glare,
excessive noise or otherwise adversely affect
the use or value of the adjacent property.
F. Water used in conjunction with an
industrial use shall not be used or
discharged, except as approved by the State
Department of Environmental Quality.
Also, sewage disposal systems shall be
approved by the County Health Department
prior to installation.]
D[G]. All parking and loading demand
created by any use permitted by this section
shall be accommodated on the subject
premises entirely off-street.
E[H]. No use permitted by this section
shall require the backing of traffic onto a
public or private street or road right of way
to accommodate access to any use or the
premises thereof.
F. Access for properties accommodating
uses permitted in the M-1 Zone shall
conform to the county's access policy. If
U128-1858
necessary to meet this requirement,
permitted uses shall provide for shared
access.
G. Building entrances or other openings
adjacent to a residential or commercial zone
shall be prohibited if they cause glare,
excessive noise, or otherwise adversely affect
the use or value of the adjacent property.
F. There shall not be more than one
access from properties accommodating uses
permitted by this section per each 600 feet
of street frontage of a collector or an
arterial. If necessary to meet this
requirement, permitted uses shall provide
for shared access.] (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.52.050[5.] Dimensional standards.
In an M-1 zone, the following dimensional
standards shall apply:
A. The minimum lot size shall be
determined in accordance with the
provisions of this section relative to setback
requirements, off-street parking and loading
and as deemed necessary by the Hearings
Body [commission] to maintain air, water
and land resource quality and to protect
adjoining and area land uses.
B. No use permitted by this section which
is located adjacent to or across the street
from a residential [use] zone shall exceed
more than 60 percent of the land area
designed or intended for such use including
buildings, storage or facilities and required
off-street parking and loading areas.
C. The minimum building setback
between a structure and an arterial street [or
railroad right of way line] shall be 50 feet,
unless a greater setback is required for
compliance with Comprehensive Plan
policies or criteria, and 25 feet from [on] a
collector.
P. The minimum setback between a
structure and a property line abutting a
residential lot or use in a duly platted
subdivision or residential zone shall be 50
feet.]
D[E]. Landscaping shall cover 15 percent
Title 20 51 (3/2/94)
of the lot area.
0128-18r79
E[F]. The right of way between the
property line and the edge of the improved
street and the front and side yard setback
areas shall be landscaped and maintained by
the contiguous property owner in accordance
with the provisions of Chapter 20.118. Site
and Design Review [Ordinance 5021. (Ord.
94-013 § 1, 1994; Ord. 80-201)
20.52.060[6.] Yards.
Except as provided in Chapter 20.112
[Article VI], in an M-1 zone, the minimum
side yard shall be 10 feet from the
foundation for one and two-story buildings
and 15 feet from the foundation for three-
story buildings[; and front]. Front and rear
yards shall be a minimum of 10 feet or as
approved by the Hearings Body [Planning
Commission].
A. The setback from the northern lot line
shall meet the solar setback requirements in
Section 20.104.140 [4.170]. (Ord. 94-013 § 1,
1994; Ord. 83-040 § 15, 1983; Ord. 80-201,
1980)
20.52.070[7.] Lot coverage.
In an M-1 zone, buildings shall not cover
more than 75 percent of the lot. (See
Figure 2.)
20.52.080[8.] Height of buildings.
In an M-1 zone, no building shall exceed a
height of 60 feet. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.52.090[9.] Off-street parking and
loading.
In an M-1 zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chapter 20.108 [Article V].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.52.100[10.] Signs.
Signs shall be placed in accordance with
the provisions of the applicable sign
ordinance [Article IV]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
Title 20
52
(3/2/94)
Chapter 20.56 [Section 3.120.]
HEAVY INDUSTRIAL - M-2 ZONE
[In an M-2 zone, the following regulations
shall apply:]
Sections:
20.56.010
Purpose and applicability.
20.56.020
Uses permitted outright.
20.56.030
Conditional uses permitted.
20.56.040
Limitations on use.
20.56.050
Dimensional standards.
20.56.060
Yards.
20.56.070
Lot coverage.
20.56.080
Height of buildings.
20.56.090
Off-street parking and
loading.
20.56.100 Signs.
20.56.010[1.] Purpose and applicability.
The purpose and applicability of the M-2
zone is as follows:
A. To provide sufficient lands for
industries that have a more pronounced
impact on the urban environment than
industrial uses allowed in the M-1 Zone
because of noise smoke air and other
emissions or because of traffic and other
operating characteristics associated with
these industries.
B. To promote economic diversifications
in the Redmond Urban Area by allowing a
wide range of industrial and heavy
commercial uses including industries
allowed in the M-1 Zone.
C. To promote heavy commercial uses in
areas where previous subdivisions of land
and current ownership patterns have
resulted in separate ownerships of small lots
in the M-2 area and cannot, therefore, be
readily used for industrial purposes.
[A. To allow space for the grouping of
those uses that are generally considered to
be offensive or to have some element of
danger, to prohibit the encroachment of
incompatible uses and to regulate the
nuisance uses so as to decrease their
detrimental effect on surrounding uses of
land.
B. This zone shall not, in general, be
established without due regard to the
problem of protecting adjoining land uses.
Where possible, natural physical features
shall be used as zone boundaries, but when
necessary, open space uses may be
established to provide relief for other land
uses that would be incompatible with heavy
industry if located in close proximity to such
industry.]
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.56.020[2.] Uses permitted outright.
In an M-2 zone, the following uses and
their accessory uses are permitted, subject to
the provisions [of subsection (4) of this
s]Section 20.56.040:
A. A use permitted outright in an M-1
zone_[, except retail trade.]
B. Concrete or concrete products
manufacturing.
C. Lumber manufacturing or wood
processing.
D. Petroleum and plastic products and
shaping or distribution.
E. Stone cutting and shaping for
construction, ornamental and/or
monumental purposes.
F. Incidental and necessary services for
persons working in an M-2 zone when
conducted within an integral part of a main
structure and having no exterior display or
advertising.
G. Repair garages, body and fender
works, paint and upholstery shops.
H. Contractor's Yards including material
and equipment or sale or rental of the same.
1. Lumber Yards and building material
yards, including concrete and asphalt
mixing,
J. Manufacturing of manufactured
homes and recreational vehicles.
K. Trucking or freighting -yards or vehicle
storage yards.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
Title 20 53 (3/2/94)
20.56.030[3.] Conditional uses permitted.
In an M-2 zone, the following uses and
their accessory uses are permitted when
authorized in accordance with the provisions
of Chapter 20.116 [Article VII] and
[subsection (4) of this s]Section 20.56.040:
A. Asphalt plants, concrete crushing and
redi-mix operations.
B. Brick and pottery factories.
[C. Bulk storage and/or distribution of
explosives.]
C[D]. Chemical manufacturing or storage,
including farm chemicals.
D[E]. Dumping, disposal, incineration or
reduction of refuse or waste matter.
[F. Livestock feeding yards or stockyards.]
E[G]. Glue manufacturing.
[H. Heliports, airfields and landing strips.
J. Quarries and commercial excavations.]
F[K]. Reduction, refining, smelting or
alloying of metals, petroleum products or
ores.
[L. Rendering plants.]
G[M]. Slaughter houses.
H[N]. Steel and boiler works, fabrication,
assembly and storage of structural steel
products, foundries and machine shops.
I[O]. Storage, curing or tanning of raw,
green or salted hides or skins.
J[P]. Wrecking yards or junkyards.
K[Q]. Living quarters necessary to the
operation of an industrial enterprise or for
watchmen or custodians of industrially -used
property.
L[R]. The resumption of a residential use
as the use [has] had been previously
conducted where such use [has] had been
discontinued.
M[S]. Utility facility.
(Ord. 94-013 § 1, 1994; Ord. 81-007 § 25,
1981; Ord. 80-201, 1980)
20.56.040[4.] Limitations on use.
In an M-2 zone, the following limitations
on use shall apply:
A. All uses must meet local, state and
federal environmental standards relatine to
0128.1861
noise, smoke, odor, water, sewage, air
emissions, dirt and hazardous waste. [Any
use which creates a nuisance because of
excessive noise, smoke, odor, dust or gas is
prohibited.]
B. Materials shall be stored and grounds
shall be maintained in a manner which will
not attract or aid in the propagation of
insects or rodents or otherwise create a
health hazard.
C. All service, processing and storage on
property abutting or facing a residential
zone shall be wholly within an enclosed
building or screened from view from the
residential zone or a street or highway by a
permanently maintained, sight -obscuring
fence at least six feet high or sight -obscuring
landscaping.
[D. Access from a public street to
properties in an M-2 zone, shall be so
located as to minimize traffic congestion and
avoid directing industrial traffic onto
residential or other streets.
E. Building entrances or other openings
adjacent to a residential or commercial zone
shall be prohibited if they cause glare,
excessive noise or otherwise adversely affect
the use or value of the adjacent property.
F. Water used in conjunction with an
industrial use shall not be used or
discharged except as approved by the State
Department of Environmental Quality.
Also, sewage disposal systems shall be
approved by the County Health Department
prior to installation.]
D[G]. All parking and loading demand
created by any use permitted by this section
shall be accommodated on subject premises
entirely off-street.
E[H]. No use permitted by this section
shall require the backing of traffic onto a
public or private street or road right of way
to accommodate access to any use on the
premises thereof.
F. Access for properties accommodatine
uses permitted in the M-2 Zone shall
conform to the county's access policy.
R. There shall not be more than one
Title 20 54 (3/2/94)
access from properties accommodating uses
permitted by this section per each 600 feet
of street frontage of a collector or arterial.
If necessary to meet this requirement,
permitted uses shall provide for shared
access.]
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
2056.050[5.] Dimensional standards.
In an M-2 zone, the following dimensional
standards shall apply:
A. The minimum lot size shall be
determined in accordance with the
provisions of this section relative to setback
requirements, off-street parking and loading
and as deemed necessary by the commission
to maintain air, water and land resource
quality and to protect adjoining area land
uses.
B. No use permitted by this section which
is located adjacent to or across the street
from a residential use or lot in a residential
zone shall exceed more than 60 percent of
the land area designed or intended for such
use including buildings, storage areas or
facilities and required off-street parking and
loading [area] areas.
C. The minimum building setback
between a structure and an arterial street [or
railroad right of way line] shall be 50 feet
unless a greater setback is required for
compliance with Comprehensive Plan
policies or criteria and 25 feet from a
collector street.
[D. The minimum setback between a
structure and a property line abutting a
residential lot or use in a duly platted
subdivision or residential zone shall be 50
feet.]
D[E]. Landscaping shall cover 15 percent
of the lot area.
E[F]. The right of way between the
property line and the edge of the improved
street and the front and side yard setback
areas shall be landscaped and maintained by
the contiguous property owner in accordance
with the provisions of [Ordinance 502]
Chapter 20.118. Site & Design Review. (Ord.
0128--.862
94-013 § 1, 1994; Ord. 80-201, 1980)
20.56.060[6.] Yards.
Except as provided in Chapter 20.112
[Article VI], in an M-2 zone, the minimum
side yard shall be 10 feet from the
foundation for one and two-story buildings,
and 15 feet for three-story buildings [and 20
feet for four-story buildings; and frontL.
Front and rear yards shall be a minimum of
10 feet [from the foundation to the property
line.] or as approved by the Hearings Body.
A. The setback from the northern lot line
shall meet the solar setback requirements in
Section 20.104.140 [4.170]. (Ord. 94-013 §
1, 1994; Ord. 83-040 § 16, 1983; Ord. 80-
201,1980)
20.56.070[7.] Lot coverage.
In an M-2 zone, buildings shall not cover
more than 75 percent of the lot. (See
Figure 2.) (Ord. 94-013 § 1, 1994; Ord. 80-
201,1980)
20.56.080[8.] Height of buildings.
In an M-2 zone, no building shall exceed a
height of 60 feet. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.56.090[9.] Off-street parking and
loading.
In an M-2 zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chapter 20.108 [Article V].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
2056.100[10.] Signs.
Signs shall be placed in accordance with
the provisions of the applicable sign
ordinance [Article IV]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
Title 20 55 (3/2/94)
Chanter 20.60[Section 3.125.]
FAIRGROUNDS - F -G ZONE
[In the F -G zone, the following regulations
shall apply:]
Sections:
20.60.010
Purpose and applicability.
20.60.020
Uses permitted outright.
20.60.030
Limitations on use.
20.60.040
Dimensional standards.
20.60.050
Yards.
20.60.060
Lot coverage.
20.60.070
Height of buildings.
20.60.080
Off-street parking and
loading.
20.60.090
Signs.
20.60.010[1.] Purpose and applicability.
The purpose and applicability of the F -G
zone is as follows:
A. To allow for the development of the
Deschutes County Fairgrounds and related
facilities.
B. This zone shall only be applied to the
siting of the Deschutes County Fairgrounds.
(Ord. 94-013 § 1, 1994; Ord. 93-060 § 2,
1993)
20.60.020[2.] Uses permitted outright.
In the F -G zone, the following uses and
their accessory uses are permitted.
A. Exhibits compound, including facilities
for vendor's booths, auctions, banquets and
receptions.
B. Livestock compound, including
facilities for housing and stabling animals,
fair, RV storage and temporary storage for
all RVs and manufactured [mobile] homes.
C. Rodeo arena and riding area,
including events such as horse shows and
livestock shows.
D. Special events, including, but not
limited to, car racing, tractor pulling
contests, concerts, demolition derby, shows,
circuses, dances, conventions, etc.
0128-1863
E. Expo center, including facilities for
food service and dining, auctions, trade
shows, conventions, music and
entertainment.
F. Center plaza, including facilities for
food and beverage booths, administration
and information services.
G. Amphitheater.
H. Manager's residence, including a
manufactured home subject to Section
20.104.070 [4.060].
I. Carnival grounds.
J. Campgrounds for use during events.
(Ord. 94-013 § 1, 1994; Ord. 93-060 § 2,
1993)
20.60.030[3.] Limitations on use.
In the F -G zone, the following limitations
shall apply:
A. All uses authorized in the zone are
subject to Chapter 20.118, Site & Design
Review [Section 1.120 Site Plan Review].
B. All parking and loading demand
created by the use shall be accommodated
entirely on the subject property.
C. Excepting the annual fair, any activity
or use in the zone for which more than 500
vehicles are anticipated during peak traffic
hours (4:00-6:00 p.m.) shall not be permitted
unless traffic impacts are mitigated.
Mitigation may include, but is not limited to,
limiting or regulating the use so as to be
consistent with the function, capacity, LOS
or safety of the facilities (e.g. Yew Avenue
interchange); by providing alternate
transportation routes to serve the use; or by
the provision of temporary traffic control
systems as approved by the Oregon
Department of Transportation (ODOT) and
the City of Redmond Police Department
(City). The mitigation measures shall be
coordinated with ODOT and the City. (Ord.
94-013 § 1, 1994; Ord. 93-060 § 2, 1993)
20.60.040[4.] Dimensional standards.
No requirements. (Ord. 94-013 § 1, 1994;
Ord. 93-060 § 2, 1993)
Title 20 56 (3/2/94)
0128-1864
20.60.050[5.] Yards.
A. Front: The front yard shall be a
minimum of 10 feet.
B. Side: The side yard shall be a
minimum of 10 feet.
C. Rear: The rear yard shall be a
minimum of 10 feet.
D. Solar Setback: The setback from the
northern lot line shall meet the solar setback
requirements in Section 20.104.140 [4.035].
(Ord. 94-013 § 1, 1994; Ord. 93-060 § 2,
1993)
20.60.060[6.] Lot coverage.
No requirements. (Ord. 94-013 § 1, 1994;
Ord. 93-060 § 2, 1993)
20.60.070[7.] Height of buildings.
No building or structure shall exceed a
height of 60 feet unless the applicant
provides written documentation from the
fire department that the building does not
exceed the capability of the available fire-
fighting equipment. (Ord. 94-013 § 1, 1994;
Ord. 93-060 § 2, 1993)
20.60.080[8.] Off-street parking and
loading.
Off-street parking and loading shall be
provided in accordance with Chauter 20.108
[Article V]. (Ord. 94-013 § 1, 1994; Ord. 93-
060 § 2, 1993)
20.60.090[9.] Signs.
Signs shall conform to the current sign
ordinance. (Ord. 94-013 § 1, 1994; Ord. 93-
060 § 2, 1993)
Title 20 57 (3/2/94)
Chapter 20.64[Section 3.130.1
PARK RESERVE OPEN SPACE -
OSPR ZONE
[In an OSPR zone, the following regulations
shall apply:]
Sections:
20.64.010
Purpose and applicability.
20.64.020
Uses permitted outright.
20.64.030
Conditional uses permitted.
20.64.040
Property development
standards.
20.64.050
Density transfer provisions.
20.64.060
Limitations on conditional
uses.
20.64.070
Additional standards.
20.64.010[1.] Purpose and applicability.
The purpose and applicability of the
OSPR zone is:
A. To preserve and provide for open
space areas of natural, scenic, historical or
geological significance.
B. To provide areas for recreational
development and use, both passive and
active, in appropriate locations in the canyon
by the public and private sectors.
C. To provide for private development
appropriate with the goals and the Redmond
Canyon Plan and the transfer of
development rights to areas suitable for
higher density development. (Ord. 94-013 §
1, 1994; Ord. 84-026 § 5, 1984; Ord. 80-201,
1980)
20.64.020[2.] Uses permitted outright.
In the OSPR zone, the following uses and
their accessory uses are permitted outright:
A. Grazing [or] of livestock and horses.
B. Production of crops.
(Ord. 94-013 § 1, 1994; Ord. 84-026 § 5,
1984; Ord. 80-201, 1980)
20.64.030[3.] Conditional uses permitted.
In [an] the OSPR zone, the following uses
0128-1805
and their accessory uses are permitted when
authorized in accordance with the provisions
of the Redmond Canyon Plan and Chapter
20.116 [Article VII], provided, however,
sections (A) through (F) and (H) [(E) and
(F)] herein shall only be allowed in or within
one hundred (100) feet of an enhancement
area as defined by the [Redmond] Canyon
Master Plan.
A. Other farm use as defined in ORS
Chapter 215.203, but not including those
uses listed in ORS Chapter 215.213.
B. Public parks and trails or reserve areas
of natural, historical or geological
significance.
C. Public sewage and water system
facilities.
D. Public or private recreational facilities,
including golf, swimming, tennis and country
clubs.
E. Public or private museums, civic
theaters, botanical gardens and community
centers.
F. A single-family dwelling customarily
provided in conjunction with a use permitted
by this section.
G. The transfer of single and multi -family
development and neighborhood commercial
uses in accordance with the density transfer
provisions of this section.
H. Incidental and subordinate commercial
accessory uses, including eating and
drinking, retail trade, entertainment and
service commercial. (Ord. 94-013 § 1, 1994;
Ord. 84-026 § 5, 1993; Ord. 81-007 § 26,
1981; Ord. 80-201, 1980)
20.64.040[4.] Property development
standards.
In the OSPR zone, the following property
development standards shall apply:
A. Land Divisions. No partitions or
subdivisions of property shall be allowed
prior to approval of a master plan for
development of the entire parcel in
accordance with the provisions of Chapter
20.116 [Article VII] and this section.
B. Lot Size. Lots shall be of a sufficient
Title 20 58 (3/2/94)
size to accommodate the use without
exceeding [maximums] maximum setbacks,
[an] and providing sufficient area for
required off-street parking and servicing.
C. Setbacks.
[i]1. Front Yard. No structure shall be
located closer than 40 feet from an arterial
or collector street or road right of way and
25 feet from any local service street or road
right of way.
[ii]2. Side and Rear Yard. No structure
shall be located closer than 20 feet from any
side or rear property lines.
[iii]3. The above setbacks may be
increased to a maximum of 60 feet or
decreased to a minimum of 20 feet during
the site and design review process.
[iv]4. Height. No structure shall exceed
25 feet in height.
(Ord. 94-013 § 1, 1994; Ord. 84-026 § 5,
1993; Ord. 83-040 § 17, 1983; Ord. 80-201,
1980)
20.64.050[5.] Density transfer provisions.
The transfer of the allowable density of
residential and commercial uses from the
OSPR zone to adjacent residential zones
shall be as provided in this subsection.
A. Minimum Development District Size.
Development rights shall not be transferred
to any parcel less than four acres of
contiguous [lands] land unless the hearings
body finds that a smaller sized property is
suitable for such transfer due to its unique
character or by its being qualified as an
isolated problem area.
B. Residential Density. The number of
dwelling units eligible for transfer shall be
computed by dividing the gross site area
within the OSPR zone by the density
allowed under the zoning effective
immediately prior to the establishment of
the initial OSPR zoning.
This allowed density would then be added
to the allowable density of the underlying
zone to the parcel to which the density was
to be transferred. This total allowed density
would then be allocated only to that portion
0128®1866
of the total site area not within the OSPR
zone and only when in compliance with this
and other sections of this title [ordinance].
C. Compatibility With Neighborhood.
The development plan and program
submitted by the developer as provided in
this [article] title shall present an organized
arrangement of buildings, service facilities,
open spaces and improvements, such as
recreation facilities, landscaping and fencing
to ensure compatibility with the
Comprehensive Plan and character of the
neighborhood. In applying this section, the
following shall apply:
[i)1. The Hearings Body may impose
additional criteria reasonably necessary to
protect the character and integrity of
adjoining properties.
[ii]2. The Hearings Body [Subdivision
Review Committee] may require variations
in the lot size dimensions to provide for
lower density at the perimeter of the
property to protect the integrity of adjacent
developments.
D. Site Development Standards. All
provisions of the zoning, subdivision, site
and design, sign and improvement
ordinances and the building codes shall
apply and control design and construction of
improvements except as specifically varied by
the hearings body as provided for in this
section.
E. Park Land Dedication. At the time of
final plan approval for a density transfer
development, the property within the OSPR
zone may be dedicated to the city for public
park purposes in lieu of any park system
development charges. In the alternative, the
owner may maintain said property as open
space or for agricultural use. In the event
the owner or a successor in interest retains
the property, said owner shall be responsible
for the park dedication requirements set
forth in Section 20.104.120 [4.150] of this
[ordinance] title.
F. Procedures. Any proposal for a
density transfer development of subdivision
shall follow the conditional use procedures,
Title 20 59 (3/2/94)
site design review procedures, and any
applicable subdivision or partitioning
requirements. (Ord. 94-013 § 1, 1994; Ord.
84-026 § S, 1993)
20.64.060[5.] Limitations on conditional
uses.
In addition to the standards and
conditions that may be attached to the
approval of a conditional use as provided by
Chapter 20.116 [Article VII], the following
limitations shall apply to a use under
Chapter 20.120 [Article VIII] or
establishment of publicly owned sewerage
and water system facilities:
A. An application for a conditional use
other than for a public facility shall be
denied if the proposed use is not related to
or complimentary to the recreational,
historical or scenic resources of the area.
B. The hearings body may limit changes
in the natural grade of land, or the
alteration, removal or destruction of natural
vegetation in order to prevent or minimize
erosion, pollution or degradation of the
natural attractiveness of the area.
C. The hearings body may require
establishment and maintenance of fire
breaks, the use of fire resistant materials in
construction and landscaping, or may attach
other similar conditions or limitations that
will serve to reduce fire hazards or prevent
the spread of fire to surrounding areas.
[D. An application for a conditional use in
an OSPR zone shall be denied if, in the
opinion of the hearings body, the proposed
use would exceed the carrying capacity of
the area or would be detrimental to the
natural features or resources of the area.]
D[E]. An application for a conditional
use in an OSPR zone shall be denied if the
height of any structures or buildings unduly
affect the natural and scenic features of the
area. (Ord. 94-013 § 1, 1994; Ord. 84-026 §
5, 1984; Ord. 80-201, 1980.)
20.64.070 Additional Standards.
A. Development of public or private
0128-186
recreational centers or community centers
must•.
1.Be in or within one hundred feet of an
enhancement area as defined on the map.
2. Provide access to a specific parcel
from existing routes accessing the canyon or
routes designated in the plan maps set forth
in Exhibit 'B" which is incorporated herein
by reference.
3. Be reasonably accessible for people
from all ages social and economic groups
and for all geographic areas of the
community.
4. Be coordinated with adiacent open
space areas and other land uses so they
enhance one another and together
contribute to a satisfying park environment.
5. Provide for the preservation or
enhancement of natural features, resources
and amenities, including views and vistas,
cannon walls, native Juniper stands and
exposed rock outcroppings.
B. Except for the development of public
facilities and services, it shall be unlawful to
fill, discard or store solid wastes of any
kind, including but not limited to
excavation, tailings, rubbish, auto bodies,
.funk and other similar materials, to store
any materials which are unsightly within the
canyon area soil, trees, shrubbery or other
natural vegetation. (Ord. 94-013 § 1, 1994)
Title 20 60 (3/2/94)
Chanter 20.68 [Section 3.140.1
SPECIAL USE ZONE -AIRPORT
CONTROL - AC ZONE
Sections:
20.68.010
Purpose and applicability.
20.68.020
AC sub -zone classifications
and designations.
20.68.030
Sub -zone coverage.
20.68.040
Height limitations.
20.68.050
Use restrictions.
20.68.060
Hazard marking and
lighting.
20.68.010[1.] Purpose and Applicability.
The purpose and applicability of the AC
zone is as follows:
A. In order to provide for the safety and
use of land coincident with the airport and
prevent manmade or natural objects from
encroaching into necessary [avigation]
airspace, certain airport control zones are
created which include all of the land lying
within transitional surfaces, conical [surface]
surfaces, instrument approach surfaces, non -
instrument approach surfaces and horizontal
[surface] surfaces.
B. These zones shall be established as
indicated on the official zoning map for
existing runways and future modifications
thereto, Roberts Field or any other airport
that may be constructed necessitating
[avigation] controls which will affect land
within the urban area [corporate limits] of
Redmond. (Ord. 94-013 § 1, 1994; Ord. 80-
201,1980)
20.68.020[2.] AC sub -zone classifications
and designation.
In an AC zone, the following zones are
hereby created:
A. Conical Zone - AC/C.
B. Horizontal Zone - AC/H.
C. Precision Instrument Approach Zone -
AC/P-1A.
0128-1868
D. Non -Precision Instrument Approach
Zone - AC/NO-1A.
E. Visual Approach Zone - AC/VA-
F. Transition Zone - AC/T.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.68.030[3.] Sub -zone coverage.
AC sub -zone coverage requirements shall
be as follows:
A. Conical Zone (AC/C): That area
below the conical surface which commences
at the periphery of the horizontal surface
and extends outward and upward at a slope
of 20 to 1 for a horizontal distance of 4,000
feet.
B. Horizontal Zone (AC/H): That area
below the horizontal surface, which surface
is 150 feet above the established airport
elevation, the perimeter of which is
constructed by swinging arcs of specified
radii from the center of each end of the
primary surface of each runway of each
airport and connecting the adjacent arcs by
lines tangent to those arcs. The radius of
each arc is:
1. 5,000 feet for all runways designated
as utility or visual.
2. 10,000 feet for all other runways.
Should a 5,000 -foot arc be encompassed
by tangents connecting two adjacent 10,000 -
foot arcs, the 5,000 -foot arc shall be
disregarded in the construction of the
perimeter of the horizontal surface.
C. Precision Instrument Approach Zones
(AC/P-1A): Those areas below the precision
instrument approach surface, which surface
begins at the end of the primary surface with
a width of 1,000 feet and extends outward
10,000 feet at a slope of 50 to 1 with an
additional 40,000 feet at a slope of 40 to 1
and expanding to a far end surface width of
16,000 feet.
D. Non -Precision Instrument Approach
Surface (AC/NO-1A): Areas below the non -
precision instrument approach surface, which
surface begins at the end of the primary
surface with a width of 500 feet and extends
upward and outward 10,000 feet at a slope
Title 20 61 (3/2/94)
of 34 to 1 and expanding to a width of 4,000
feet with visibility minimums as low as three-
fourths of a statute mile, to a width of 3,500
feet with visibility greater than three-fourths
of a statute mile and to 2,000 feet for a
utility runway with a non -precision
instrument approach.
E. Visual Approach Zones (AC/VA):
Those areas lying below the visual approach
surface, which surface begins at the end of
the primary surface with a width of 250 feet
for utility runways having only visual
approaches and a width of 500 feet for other
than utility runways having only visual
approaches, and expanding to a width of
1,250 feet for a utility runway or 1,500 feet
for other than a utility runway.
F. Transition Zones (AC/T): Those
areas below the transitional surfaces, which
surfaces extend outward and upward at right
angles to the runway centerline and the
runway centerline extended at a slope of 7
to 1 from the sides of the primary surface
for those portions of the precision approach
surface which project through and beyond
the limits of the conical surface, extend a
distance of 5,000 feet measured horizontally
from the edge of the approach surface and
at right angles to the runway centerline.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.68.040[4.] Height Limitations.
A. In AC sub -zones, no structure or tree
shall be erected, altered, allowed to grow
nor be maintained in any sub -zone to a
height in excess of the height limit herein
established for such sub -zones. Such height
limitations are determined for the conical
and horizontal zones from the airport
elevation. The runway and elevations are
the basis for the height limitations for the
approach surfaces. The height limitations
for the transitional zones are based on
adjacent runway elevations and the
peripheral elevations of the approach,
horizontal and conical surfaces.
B. Except height limitations, nothing in
this [ordinance] title shall be construed as
AWO
0198-1869
prohibiting the growth, construction or
maintenance of any tree or structure to
heights otherwise permitted in the
underlying zone [under Article III],
providing, that such tree or structure shall
not exceed height limits provided in this
section.
C. Where an area is covered by more
than one height limitation, the more
restrictive limitations shall prevail. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.68.050[5.] Use Restrictions.
Notwithstanding any other provisions of
this [ordinance] title, no use may be made of
land within an AC zone in such a manner as
to create electrical interference with radio
communication between the airport and
aircraft, make it difficult for pilots to
distinguish between airport lights and others,
result in glare in the eyes of pilots using the
airport, impair visibility in the vicinity of the
airport or otherwise endanger the landing,
taking off or maneuvering of aircraft. (Ord.
94-013 § 1, 1994; Ord. 80-201, 1980)
20.68.060[6.] Hazard marking and lighting.
If necessary and advisable to effectuate
the purpose of the AC zone and be
reasonable in the circumstances, the owner
of any structure or tree which constitutes a
hazard to [avigation] air navigation shall be
required to permit the city, at its own
expense, to install, operate and maintain
thereon such markers and lights as may be
necessary to indicate to pilots the presence
of an airport hazard. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
Title 20 62 (3/2/94)
Chanter 20.72 [Section 3.145.1
NEIGHBORHOOD COMMERCIAL
DISTRICT - C -N ZONE
Sections:
20.72.010
Purpose.
20.72.020
Adoption of neighborhood
commercial district.
20.72.030
Permitted uses.
20.72.040
Development improvement
prohibited pending
compliance.
20.72.050
Design review required.
20.72.010[1.] Purpose.
The purpose of the neighborhood
commercial zone is as follows:
A. To create areas suitable for
commercial activities which supply goods
and services to a residential or working
population on a frequent need or
convenience basis. This district will
normally be supplemented by the general
business activities and broad services
available in a central business district within
a reasonably accessible radius.
B. This district shall be located in areas
easily accessible to the population it is
intended to serve. The area of each zone
shall, in general, be only large enough to
contain the stores and services found to be
actually necessary to serve a given area, but
shall be large enough to provide a grouping
of stores and services. The effect shall be
strategically located centers rather than
scattered commercial spots. Wherever
possible, the zone shall be of such size and
shape as will accommodate a compact
shopping center. "Strip" or "spot" zoning is
to be avoided. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.72.020[2.] Adoption of neighborhood
commercial district.
Property may be designated neighborhood
0128-1870
commercial in accordance with the
provisions of this section, provided that the
Hearings Body [Planning Commission]
adopts the development plan for such
property in accordance with this Chanter
[section] and Chapter 20.116 [Article VII].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.72.030[3.] Permitted uses.
A. Grocery store, delicatessen, meat
market or bakery.
B. Clothes cleaning establishment or
laundromats.
C. Drugstore.
D. Nurseries and garden supply stores
provided all outside storage and display is
adequately screened.
E. Beauty and barber shops.
F. A complex of three or more uses.
G. A use providing for outside open
storage or display. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.72.040[4.] Development improvement
prohibited pending compliance.
No excavating, grading, construction,
improvement or building permits therefor,
shall be authorized or issued within the
neighborhood commercial district pending
compliance with the following:
A. Full compliance with all provisions of
this section and Chanter 20.116 [Article VII]
including execution and filing of all
documents required herein.
B. Full compliance with the development
plan. (Ord. 94-013 § 1, 1994; Ord. 80-201,
1980)
20.72.050[5.] Design review required.
Property in a C -N district is subject to the
provisions of Chapter 20.118 [the Design
Review Ordinance]; provided, however, that
a conditional use permit granting approval
to the property as a C -N district may
dispense with the requirement for further
application for Design Review approval if
the design review standards and criteria have
been fully considered and approved in
Title 20 63 (3/2/94)
0128-1871
connection with the conditional use permit.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
Title 20 64 (3/2/94)
Chapter 20.76 [Section 3.146.]
DEVELOPMENT STANDARDS
(C -N District).
Sections:
20.76.010
In general.
20.76.020
Compability with
neighborhood.
20.76.030
Use limitations.
20.76.040
Dimensional standards.
20.76.050
Off-street parking and
loading.
20.76.060
Signs.
20.76.010[1.] In general.
To insure effective development of the
urban area, the following development
standards are adopted as part of the
neighborhood commercial chapter in
addition to all other development standards
provided for in this title [ordinance] and the
subdivision ordinance. In cases of conflict
between standards set forth in this chapter
and other parts of the city code, the
standards provided for in such other code
sections shall control unless the Hearings
Bodv [Planning Commission] grants a
variance from said standards in the approval
of the final plan or subdivision plat as
provided in this chapter [article]. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.76.020[2.] Compatibility with
neighborhood.
The development plan and program
submitted by the developer as provided in
this cha ter [article] shall present an
organized arrangement of buildings, parking
facilities, landscaping and fencing to insure
compatibility with the comprehensive plan
and character of the neighborhood. (Ord.
94-013 § 1, 1994; Ord. 80-201, 1980)
20.76.030[3.] Use limitations.
A. No use shall be permitted which
0128-187'2
exceeds 4,000 square feet of retail sales floor
area and an accompanying equal amount of
storage areas, or a total square footage of
8,000 square feet in conjunction with a
single business enterprise and on any single
premises.
B. No use shall be permitted unless
directly served by a collector street.
C. All parking demand created by any
use permitted under the provisions of this
section shall be accommodated on the
subject premises entirely off-street.
Minimum standards for off-street parking
requirements shall be in accordance with the
provisions of this [ordinance] title.
D. No use permitted by this section shall
require the backing of traffic onto a public
or private street, road or alley right of way
to accommodate access to any use or the
premises thereof.
E. There shall not be more than one
access from properties accommodating uses
permitted by this section per each 300 feet
of street frontage. If necessary to meet this
requirement, permitted uses shall provide
for shared access.
F. All uses permitted in this zone shall
be screened from abutting residential uses
by densely planted trees and shrubs or sight -
obscuring fencing.
G. No use shall be permitted if it will
cause sound, noise, vibration, odor or
flashing perceptible without instruments
more than 200 feet from the boundaries of
the originating premises.
H. No use shall be permitted to operate
for business between the hours of 11:00 p.m.
and 7:00 a.m. except as approved by the
Hearings Body [commission]. (Ord. 94-013 §
1, 1994; Ord. 80-201, 1980)
20.76.040[4.] Dimensional standards.
A. No use permitted by this section,
including buildings, storage areas or facilities
and required parking area shall exceed more
than 70 percent of the land area designed
for such use.
B. The minimum building setback from a
Title 20 65 (3/2/94)
0128-1873
street right of way line shall be 25 feet
unless a greater setback is required for
compliance with the comprehensive plan
criteria or polices.
C. The minimum setback between a
structure and property line abutting a
residential lot shall be five feet.
D. The minimum setback between a
structure and an existing use permitted by
this section shall be three feet from the
property line and at least ten feet from a
structure on an adjoining property or joined
as a single structure.
E. The maximum building height for any
structure permitted in conjunction with a use
permitted by this section shall be 35 feet.
F. In no case shall a use permitted by
this section be permitted on a lot or parcel
less than that minimum lot area set forth in
the adjoining or area zones, and in no case
shall the minimum lot area be less than
7,500 square feet.
G. The maximum lot area is 20,000
square feet.
H. Landscaping shall cover 15 percent of
the total lot area. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.76.050[5.] Off-street parking and
loading.
In a C -N zone, off-street parking and
loading shall be provided in accordance with
the provisions of Chanter 20.108 [Article V].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.76.060[6.] Signs.
Signs shall be provided in accordance with
the provisions of the applicable sign
ordinance [Article IV]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
Title 20 66 (3/2/94)
Chanter 20.80 [Section 3.147.]
PROCEDURE (C -N District)
Sections:
20.80.010
In general.
20.80.020
Proposed development.
20.80.030
Planning staff report.
20.80.040
Hearings body review.
20.80.050
Appeals.
20.80.010[1.] In general.
A. An owner of property desiring to
develop a neighborhood commercial district
shall submit a development plan to the
Planning Director together with the
appropriate filing fee. For the purpose of
this section 'owner" shall mean and include
any public body, corporation or holder of a
written option to purchase said property.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.80.020[2.] Proposed development.
The development plan shall show in detail
the following, in addition to other
requirements of the Hearings Bodv
[Planning Commission]:
A. Proposed land uses.
B. Building types and coverage of real
property.
C. Circulation pattern of vehicular and
pedestrian traffic.
D. Parking.
E. Landscaping.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.80.030[3.] Planning staff report.
Upon filing of the development plan and
receipt of the initial filing fee, the Planning
Director and [Superintendent] Director of
Public Works shall review the development
plan and shall prepare for submission to the
Hearings Bodv [Planning Commission] a
planning staff report containing the
following information, in addition to such
other information as is pertinent:
0128-18;4
A. A map showing the existing zoning of
the subject property and adjoining properties
within or without the boundaries of the City
of Redmond.
B. Existing land use map of the area
within 1,000 feet of the subject property.
C. Report comments on consistency of
the proposed neighborhood commercial
development with the comprehensive general
plan, the zoning, subdivision ordinances [of
the City of Redmond] and a prospective
effect of said development on the immediate
neighborhood. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.80.040[4.] Hearings Body [Planning
Commission] Review.
A. Following receipt by the Hearings
Bodv [Planning Commission] of the Planning
Director's report upon the development
plan, the Hearings Body [Planning
Commission] shall hold a public hearing in
accordance with the provisions of Title 22
[Article MI.
B. Upon review of the public hearing or
any continuance thereof, the Hearings Body
[Planning Commission] may approve the
plan, require amendment and modification
thereto or reject said application in
accordance with this chapter [section] and
Chapter 20.116 [Article VII]. (Ord. 94-013 §
1, 1994; Ord. 80-201, 1980)
20.80.050[5.] Appeals.
The decision of the Hearings Bodv
[Planning Commission] regarding the
development plan may be appealed in the
manner provided for in Title 22 [Article MI.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
Title 20 67 (3/2/94)
Chaoter 20.84 [Section 3.150.1
PLANNED UNIT DEVELOPMENT
DISTRICT - PUD
Sections:
20.84.010
Purpose.
20.84.020
Adoption of planning unit
development district.
20.84.030
Permitted uses.
20.84.040
Development improvement
prohibited pending
compliance.
20.84.050
Design review required.
20.84.010[1.] Purpose.
The purpose of the planned unit
development district is to provide a greater
flexibility in development of land; to
encourage a variety in the development
pattern of the community; encourage mixed
uses in a total area which could not
otherwise be efficiently and aesthetically
developed as an integrated whole; encourage
developers to use a creative approach in
land development; conserve natural land
features; facilitate a desirable aesthetic and
efficient use of open space; create public
and private common open spaces and
flexibility and variety in the location of
improvements on lots with diversity if the
use is land. The planned unit development
district is not intended to be simply a means
of avoiding normal zoning requirements for
a single use in a particular area. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.84.020[2.] Adoption of planning unit
development district.
Any property may be designated as a
planned unit development in accordance
with the provisions of this [article] title
provided that the Hearings Body [Planning
Commission] adopts the final development
plan for such property in accordance with
this chapter [article] and Chapter 20.116
0128-18'75
[Article VII]. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.84.030[3.] Permitted uses.
The following uses may be permitted in a
planned unit development:
[1]A. Planned residential developments:
[a]l. Single-family dwellings.
[b]2. Multi -family dwellings and
duplexes.
[c]3. Public and private non-profit parks
and playgrounds, community centers and
recreation facilities.
[d]4. Common public and private open
spaces.
[e]5. Hiking and riding trails.
[f]6. Private non-commercial clubs, such
as golf, swimming, tennis and country clubs.
[g]7. Accessory structures and uses.
[2]B. Planned commercial and industrial
districts:
[a]1. Uses permitted in the underlying
district.
[b]2. Other uses as approved by the
Hearings Body [Planning Commission]
consistent with the development plan and
program approved by the Hearings Body
[Planning Commission].
[c]3. Accessory buildings and uses.
[3]C. Planned civil, public service and
educational development districts:
[a]l. Municipal and civic centers,
libraries, parks and recreational facilities or
such uses owned by any other political
subdivision.
[b]2. Educational institution, public or
private.
[c]3. Hospitals, including retirement
homes.
[d]4. Research facilities limited to
academic research functions.
[e]5. Service uses, including but not
limited to, civic theaters, museums, churches,
convents and monasteries. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
Title 20 68 (3/2/94)
20.84.040[4.] development improvement
prohibited pending
compliance.
No excavating, grading, construction,
improvement or building or permits therefor
shall be authorized or issued within the
planned unit development district pending
compliance with the following:
A. Full compliance with all provisions of
this chapter [article] including execution and
filing of all documents required herein.
B. Compliance with the subdivision
code[of Deschutes County], improvement
ordinances [of Deschutes County] and
building code of Deschutes County.
C. Full compliance with the final
development plan and program. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.84.050[5.] Design review required.
Property in a [PUD] planned unit
development district is subject to the
provisions of Chapter 20.118 [the Site and
Design Review Ordinance] provided,
however, that approval of a [PUD] planned
unit development may dispense with the
requirement for further application for
Design Review approval if the design review
standards and criteria have been fully
considered and approved in connection with
the [PUD] planned unit development
application. (Ord. 94-013 § 1, 1994; Ord. 80-
201,1980)
Title 20 69 (3/2/94)
Chanter 20.88 [Section 3.160.]
DEVELOPMENT STANDARDS
(PUD District)
Sections:
20.88.010
In general.
20.88.020
Minimum development
district size.
20.88.030
Compatibility with
neighborhood.
20.88.040
Building coverage.
20.88.050
Residential density.
20.88.060
Peripheral yards.
20.88.070
Open space.
20.88.080
Commercial development in
planned residential
developments.
20.88.090
Construction standards.
20.88.100
Street and utilities.
20.88.010[1.] In general.
To insure effective development of the
urban area, the following development
standards are adopted as part of the planned
unit development chapter in addition to all
other development standards provided for in
this title [ordinance] and subdivision
ordinance. In cases of conflict between
standards set forth in this chapter and other
parts of the county code, the standards
provided for in such other code sections
shall control unless the Hearings Body
[Planning Commission and Board] shall have
granted a variance from said standards in
the approval of the final plan or subdivision
plat as provided in this chanter [article].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.88.020[2.] Minimum development
district size.
Planned unit developments shall be
established only on parcels of land which are
suitable for the proposed development and
of sufficient size to be planned and
developed in the manner consistent with the
0128-1877
purposes of this chapter [article]. A planned
development shall not be established on less
than four acres of contiguous land unless the
Hearings Body [Planning Commission] finds
that property of less than four acres is
suitable as a planned unit development
district by virtue of its unique character,
topography or landscaping features or by
virtue of its qualifying as an isolated
problem area as determined by the Hearings
Body [Planning Commission]. (Ord. 94-013 §
1, 1994; Ord. 80-201, 1980)
20.88.030[3.] Compatibility with
neighborhood.
The development plan and program
submitted by the developer as provided in
this [article] title shall present an organized
arrangement of buildings, service facilities,
open spaces and improvements such as
recreation facilities, landscaping and fencing
to insure compatibility with the
comprehensive plan and character of the
neighborhood. Adequate services normally
rendered by the city to its citizens must be
available to the proposed development at
the time of development. The county, at the
time of approval of the final plan or
subdivision plat within a planned unit
development, may require the developer to
provide special or oversize sewer lines, water
lines, roads and streets or other service
facilities to serve the planned unit
development, and the county shall not be
required at the time of such approvals to
expend additional capital or operating funds
to undertake additional building programs or
equipment acquisitions to insure special
road, sewer, lighting, water, fire or police
[service] services that may be specially
required by the nature or size of the planned
unit development. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.88.040[4.] Building coverage.
The building coverage for any planned
unit development shall not exceed 40
percent of the land area being developed
Title 20 70 (3/2/94)
exclusive of public and private streets. (Ord.
94-013 § 1, 1994; Ord. 80-201, 1980)
20.88.050[5.] Residential density.
The maximum number of dwelling units
permissible in a planned residential unit
development shall be derived as follows:
A. Determine gross development land
area, [subtract] subtracted from the gross
area publicly owned land and commercial or
industrial land;
B. Apply the following maximum density
guidelines to the gross development land
area:
1. R-1 - 5 units per acre.
2. R-2 - 8 units per acre.
3. R-3 - 8 units per acre.
4. R4 - 11 units per acre.
5. R-5 - 16 units per acre.
20.88.060[6.] Peripheral yards.
Along the periphery of any planned unit
development zone, a yard at least as deep as
that required by the front yard regulations of
each underlying zone shall be provided [on
the periphery of the planned unit
development], unless the Hearings Bodv
[Planning Commission] determines that
equal protection will be accorded adjoining
properties in varying the yard requirements.
Open space may serve as peripheral yards
and/or buffer strips to separate one planned
residential district from another if the
Hearings Body [Planning Commission]
interprets such a dual purpose use of the
land to be in compliance with this section.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.88.070[7.] Open space.
Open space within a planned unit
development means the land area to be used
for scenic, landscaping or open recreational
purposes within the development. Open
space shall be adequate for the recreational
and leisure needs and uses of the occupants
and users of the planned unit development.
To the maximum extent possible, the
development plan and program shall assure
01?8-18 8
that natural features of the land are
preserved and landscaping is provided. In
order to insure that open space will be
permanent, dedication of the development
right to Deschutes County may be required.
Such instruments and documents
guaranteeing the maintenance of open space
shall be required by Deschutes County and
shall be approved as to form by [the]
Deschutes County Legal Counsel. Failure to
maintain the open space or any other
property set forth in the development plan
and program shall empower Deschutes
County to enter the property and bring said
property up to the standards set forth in the
development plan and program and the
county may assess the real property and
improvements thereon located within the
planned unit development for the cost of
creating and maintaining said open and
recreational lands as set forth in the
development plan and program at its option.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.88.080[8.] Commercial development in
planned residential
developments.
Commercial uses in a planned residential
development may be allowed. Only those
commercial uses which are designed to serve
the residents of the planned residential
development and are permitted as outright
uses in a neighborhood commercial district
may be conditionally allowed subject to all
requirements of the zoning and subdivision
codes of the [city] coun . (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.88.090[9.] Construction standards.
The provisions of the zoning, subdivision,
site and design, signs and improvement
ordinances and the building code shall apply
and control all design and construction of
improvements within planned unit
development, except as specifically varied by
the Hearings Body [Planning Commission]
in approval of the final plan and subdivision
plat as provided for in this chanter [section].
Title 20 71 (3/2/94)
0128-18E9
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.88.100[10.] Street and utilities.
All construction of streets and utilities
within planned unit developments shall
comply with county standards. All streets
shall be deeded public right of ways and the
applicant shall provide to the county
easements for all public utilities (sewer,
water) on the subject property. (Ord. 94-013
§ 1, 1994; Ord. 80-201, 1980)
Title 20 72 (3/2/94)
Chapter 20.92 [Section 3.170.]
PROCEDURE (P.U.D. District)
Sections:
20.92.010
In general.
20.92.020
Proposed development.
20.92.030
Staff review.
20.92.040
Hearings body review.
20.92.050
Decision.
20.92.060
Appeals.
20.92.010[1.] In general.
Any owner of real property desiring to
develop a planned unit development shall
submit a preliminary development plan and
program to the Planning Director of
Deschutes County together with the
preliminary filing fee. For the purpose of
this section, 'owner" shall mean and include
any public body, corporation or holder of a
written option to purchase property. [An
owner of land located outside of, but
contiguous to, a city boundary may submit a
preliminary development plan.] The
Hearings Bodv [Planning Commission] may
review it in accordance with the provisions
of this title [ordinance]. Such preliminary
development plan and program shall consist
of a preliminary plan in schematic design
and a written program jointly containing the
following information:
A. Identification and Description.
Proposed names of the planned unit
development; location by legal description;
names, addresses of applicant and designers
of the planned unit development; scale of
plan (1 inch to 100 feet); date of plan and
program and north point.
B. Existing Conditions. Contours at an
interval of one foot for ground slopes less
than five percent, two -[feet foot contour
intervals for ground slopes between five
percent and 10 percent, and five-foot
contour intervals for ground slopes
exceeding 10 percent; location and direction
0198.1880
of all water courses; natural features, such as
rock [outcropping] outcroppings, marshes,
wood areas, etc.; location and [maes] names
of all existing or prior platted streets or
other public ways, railroad and utility rights-
of-way; parks and other public open spaces;
permanent buildings and structures and their
uses; permanent easements and city
boundaries within five hundred feet of the
development; existing sewers, water mains,
culverts and other underground facilities
within the development indicating pipe sizes,
grades, manholes and their exact location
and the land ownership. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.92.020[2.] Proposed Development.
A. A preliminary plan shall show the
following in addition to other requirements
of the Hearings Body [Planning
Commission]:
[A]1. Proposed land uses and densities.
[B]2. Building types and coverage of real
property.
[C]3. Circulation pattern of vehicular and
pedestrian traffic.
P]4. Parks, playgrounds and open
spaces.
B. The preliminary written program shall
contain the following information in addition
to other requirements of the Hearings Body
[Planning Commission]:
[A]l. Proposed ownership pattern.
[B]2. Operation and maintenance
proposal (neighborhood easements,
condominiums, co-ops, neighborhood
associations, etc.)
[C]3. Waste disposal facilities.
[D]4. Lighting.
[E]5. Water supply, public transportation,
community protection, shopping.
[F]6. General timetable of development.
[G]7. Names and addresses of the
proposed design team for preparation of the
final plan and program together with their
qualifications. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
Title 20 73 (3/2/94)
20.92.030[3.] Staff review.
Upon filing of the preliminary
development plan and program and receipt
of the initial filing fee, the Planning Staff
[Subdivision Review Committee] shall review
the preliminary development plan and
program and shall prepare for submission to
the Hearings Body [Planning Commission] a
[planning staff] report containing the
following information in addition to such
other information as is pertinent:
A. A map showing the existing zoning of
the subject property and adjoining properties
within or without the boundaries of the City
of Redmond.
B. Existing land use map of the area
within 1,000 feet of the subject property.
C. Report comments on consistency of
the proposed planned unit development with
the comprehensive general plan, the zoning
and subdivision ordinances of Deschutes
County and a prospective effect of said
planned unit development on land use,
traffic, [city] county services, etc. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.92.040[4.] Hearings Body [Planning
Commission] Review.
Following receipt by the Hearings Body
[Planning Commission] of the Planning
Director's report upon the preliminary
development plan and program, the
Hearings Body [Planning Commission] shall
hold a public hearing in accordance with the
provisions of Title 22 [Article XI]. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.92.050[5.] Decision.
Upon review at the public hearing, or any
continuance thereof, the Hearings Body
[Planning Commission] may approve the
principal of the preliminary plan and
program, require amendment and
modification thereto or reject said planned
unit development in accordance with this
section and Chapter 20.116 [Article VII of
this Ordinance]. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
0198-1881
20.92.060[6.] Appeals.
The decision of the Hearings Body
[Planning Commission] regarding the
preliminary plat and program may be
appealed in the manner provided for in Title
22 [Article XI]. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
Title 20 74 (3/2/94)
Chanter 20.96 [Section 3.180.]
FINAL DEVELOPMENT PLAN AND
PROGRAM (P.U.D. District)
Sections:
20.96.010
Time limit for filing.
20.96.020
Required information.
20.96.030
Final decision.
20.96.040
Appeals.
20.96.050
Filing of approved final plan
and program.
20.96.060
Control of the development
atter completion.
20.96.070
Public parks.
20.96.010[1.] Time limit for filing.
Upon acceptance in principle by the
Hearings Bodv [Planning Commission] or
acceptance in principle with modifications
required by the Hearings Bodv [Planning
Commission] of planned unit development,
the owner -applicant shall file with the
Hearings Body [Planning Director] within
one year of the preliminary approval of the
Hearings Bodv [Planning Commission], a
final development plan and program. The
Hearings Bodv [Planning Commission] may
grant an extension for filing an additional
180 days upon request by the owner -
applicant. In addition, the developer may
submit such additional data as may be
required by the subdivision code of the
county seeking contemporaneous approval of
the subdivision plat with approval of the
final plan and program. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.96.020[2.] Required information.
The final development plan and program
shall contain the following information:
A. Land Use:
1. A land use plan indicating all
proposed uses within the planned unit
development.
2. All areas proposed to be dedicated or
0198-18S2 10
reserved for interior circulation, public
parks, playgrounds, school sites, public
buildings or otherwise dedicated or reserved
to the public.
3. Open space that is to be maintained
and controlled by the owners of the property
and their successors in interest available for
the recreational and leisure use of the
occupants and users of the planned unit
development.
B. Contours and Drainage:
1. Contours as they will be after
development.
2. Drainage system and sanitary sewers
and treatment facilities as required.
C. Circulation:
1. A street system and lot design with
appropriate dimensions. A subdivision plat,
if the land is to be subdivided, shall comply
with this requirement.
2. A traffic flow map showing circulation
patterns within and adjacent to the proposed
development. Any special engineering
features and traffic regulation devices
needed to facilitate or insure the safety of
the circulation pattern shall be shown.
3. Location and dimension of pedestrian
walkways, malls and foot and horse trails.
D. Parking and Loading:
1. Location, arrangement, number and
dimension of automobile garages, parking
spaces and the widths of aisles, bays and
angle of parking.
2. Location, arrangement and dimensions
of truck loading spaces and docks.
E. Architectural Sketches. The developer
shall submit preliminary architectural
sketches depicting the types of buildings and
their approximate location on lots. The
sketches shall also depict the general height,
bulk and type of construction and proximity
of structures on lots.
F. Landscaping. The developer shall
submit a preliminary landscaping plan
depicting tree plantings, ground cover,
grades, slopes, screen plantings and fences,
etc., and showing existing trees in excess of
twelve inches in diameter measured four feet
Title 20 75 (3/2/94)
from ground level and showing the location
of trees to be removed by the development.
G. Program Elements. The written
program shall contain the following
elements:
1. Table showing the total number of
acres and their distribution by use, the
percentage designated for each dwelling type
and for non-residential uses, including off-
street parking, streets, parks, playgrounds,
schools and open spaces as shown in the
proposed development plan.
2. Table showing the overall density of
the proposed residential development and
showing density by dwelling types.
3. Drafts of appropriate restrictive
covenants and all other documents providing
for the maintenance of any public open
spaces and recreational areas not dedicated
to the city, including agreements by property
owners' associations, dedicatory deeds or
reservations of public open spaces.
4. A time schedule showing construction
commencement, rate of development and
approximate completion date for each phase
of construction and type of structure.
5. The stages for development of private
and public facilities planned.
6. Written consent of all persons owning
any interest in the real property within the
planned unit development to the final
development plan and program.
7. Such other information as the
Hearings Body [Planning Commission] may
require. (Ord. 94-013 § 1, 1994; Ord. 80-201,
1980)
20.96.030[3.] Final Decision [Planning
Commission Action].
Upon receipt and review by the Planning
Director of the final development plan and
program, the Hearings Body [Planning
Commission], at a regular public meeting,
shall either:
A. Consider the final development plan
and program as being in compliance with the
requirements and intent of this [ordinance]
title with its recommendation that the
0128-1883
planned unit development district be
established on the property in question; or
B. Continue the public hearing to a date
certain and refer the final development plan
to the Planning Director with
recommendations as to amending the
proposed development plan and program; or
C. Disapprove the final development plan
and program as inconsistent with the
approved preliminary plat and program.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.96.040[4.] Appeals.
The decision of the Hearings Body
[Planning Commission] regarding the
development plan may be appealed in the
manner provided for in Title 22 [Article M].
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.96.050[5.] Filing of approved final plan
and program.
Following approval, the owner -applicant
shall file with the Deschutes County Clerk
and the Deschutes County Planning Director
[of Deschutes County], a conformed and
approved final development plan and
program together with all documents
approved as to form by [the] County
Counsel relating to dedication,
improvements, maintenance agreements,
covenants, deed restrictions and by-laws of
neighborhood associations, cooperatives and
improvement of the district. (Ord. 94-013 §
1, 1994; Ord. 80-201, 1980)
20.96.060[6.] Control of the development
after completion.
The final development plan shall continue
to control the planned unit development
after it is finished and the following shall
apply:
A. The building official, in issuing a
certificate of completion of the planned unit
development, shall note the issuance on the
recorded final development plan.
B. After the certificate of completion has
been issued, the use of the land and the
construction, modification or alteration of a
Title 20 76 (3/2/94)
0128-1884
building or structure within the planned unit
development shall be governed by the
approved final development plan.
C. After the certificate of completion has
been issued, no change shall be made in
development contrary to the approved final
development plan without approval of an
amendment to the plan, except as follows:
1. Minor modifications of existing
buildings or structures may be authorized by
the Planning Director if they are consistent
with the purposes and intent of the final
plan and do not increase the cubic footage
of a building or structure.
2. A building or structure that is totally
or substantially destroyed may be
reconstructed without approval of an
amended planned unit development if it is in
compliance with the purpose and intent of
the final development plan.
D. An amendment to a completed
planned unit development may be approved
if it is required for the continued success of
the planned unit development, if it is
appropriate because of changes in conditions
that have occurred since the final
development plan was approved or because
there have been changes in the development
policy of the community as reflected by the
comprehensive plan or related land use
regulations.
E. No modification or amendment to a
completed planned unit development is to
be considered as a waiver of the covenants
limiting the use of the land, buildings,
structures and improvements within the area
of the planned unit development, and all
rights to enforce these covenants against any
change permitted by this section are
expressly reserved. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.96.070 Public parks.
The developer shall be required to either
dedicate land for a public park or pay a
sum into a park fund in accordance with the
provisions set forth in Section 20.104.120 of
this title. (Ord. 94-013 § 1, 1994)
Title 20 77 (3/2/94)
Chapter 20.104 [ARTICLE IV]
SUPPLEMENTARY PROVISIONS
Sections:
the perimeter of the
20.104.010
Access -Minimum lot
20.104.090
frontage.
20.104.020
Establishment of clear vision
20.104.110
areas.
20.104.030
Measurement of clear vision
20.104.120
[area] areas.
20.104.040
Minimum standards for the
20.104.130
construction or alteration of
service stations.
20.104.050
Service station abandonment.
20.104.060
Standards for multi -family
20.104.150
dwelling complex.
20.104.070
Standards for manufactured
homes.
20.104.080 Development standards along
20.104.010[Section 4.010]. Access -Minimum
lot frontage.
Every lot shall abut a street, other than an
alley, for at least 50 feet. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.104.020[Section 4.020]. Establishment of
clear vision areas.
In all zones, on all corners of all building
sites adjacent to the intersection of two
streets or of a street and a railroad within a
triangle formed by the street lines of such
building site (ignoring any comer radius)
and a line drawn between points on such
street lines at designated distances from the
intersection thereof, there shall be no fence,
wall, hedge or building higher than three
feet nor any obstruction to vision other than
a post column or tree trunk (clear of
branches or foliage) between a height of
[ghree] three feet and a height of eight feet
above the level of the curb or of the level of
the above-mentioned point of intersection if
the streets are sloping. (See Figure 5.)
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.104.030[Section 4.0301. Measurement of
clear vision area.
A clear vision area shall consist of a
triangular area two sides of which are lot
lines measured from the corner intersection
of the street lot lines for a distance specified
in this regulation, or, where the lot lines
have rounded corners, the lot line extended
in a straight line to a point of intersection
and so measured and the third side of which
is a line across the corner of the lot
adjoining the non -intersecting ends of the
other two sides. The following
measurements shall establish clear vision
areas within the urban area:
[1]_A. In an industrial zone, the minimum
distance shall be 30 feet. However, at the
intersection of an alley and a street, the
distance shall be 10 feet.
[2]B. In all other zones, the minimum
distance shall be in relationship to street and
road right of way widths as follows: (Except
at intersections of any alley and a street in a
residential zone, the minimum distance shall
be 15 feet.)
Clear -Vision
[Row]R-O-W Width Measurement
80 feet and over 20 feet
60 feet 30 feet
50 feet 40 feet
[Section 4.035. Solar height restrictions.
No building, structure or non-exempt
vegetation may exceed the solar height
Title 20 78 (3/2/94)
the perimeter of the
"Canyon."
20.104.090
Fences.
20.104.100
Home occupation.
20.104.110
Standards for arterial and
collector streets.
20.104.120
Public park dedication -Park
fund.
20.104.130
Temporary placement of
manufactured home.
20.104.140
Building setbacks for the
protection of solar access.
20.104.150
Solar access permit.
20.104.010[Section 4.010]. Access -Minimum
lot frontage.
Every lot shall abut a street, other than an
alley, for at least 50 feet. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.104.020[Section 4.020]. Establishment of
clear vision areas.
In all zones, on all corners of all building
sites adjacent to the intersection of two
streets or of a street and a railroad within a
triangle formed by the street lines of such
building site (ignoring any comer radius)
and a line drawn between points on such
street lines at designated distances from the
intersection thereof, there shall be no fence,
wall, hedge or building higher than three
feet nor any obstruction to vision other than
a post column or tree trunk (clear of
branches or foliage) between a height of
[ghree] three feet and a height of eight feet
above the level of the curb or of the level of
the above-mentioned point of intersection if
the streets are sloping. (See Figure 5.)
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.104.030[Section 4.0301. Measurement of
clear vision area.
A clear vision area shall consist of a
triangular area two sides of which are lot
lines measured from the corner intersection
of the street lot lines for a distance specified
in this regulation, or, where the lot lines
have rounded corners, the lot line extended
in a straight line to a point of intersection
and so measured and the third side of which
is a line across the corner of the lot
adjoining the non -intersecting ends of the
other two sides. The following
measurements shall establish clear vision
areas within the urban area:
[1]_A. In an industrial zone, the minimum
distance shall be 30 feet. However, at the
intersection of an alley and a street, the
distance shall be 10 feet.
[2]B. In all other zones, the minimum
distance shall be in relationship to street and
road right of way widths as follows: (Except
at intersections of any alley and a street in a
residential zone, the minimum distance shall
be 15 feet.)
Clear -Vision
[Row]R-O-W Width Measurement
80 feet and over 20 feet
60 feet 30 feet
50 feet 40 feet
[Section 4.035. Solar height restrictions.
No building, structure or non-exempt
vegetation may exceed the solar height
Title 20 78 (3/2/94)
restriction established on a burdened
property by the solar access of a benefitted
property. (Ord. 83-040 § 18, 1983)]
20.104.040[Section 4.040]. Minimum
standards for the construction or alteration
of service stations.
Any service station which is constructed or
undergoes major alteration after the
effective date of this title [ordinance] shall
conform to the following standards:
[1]A. Location. No portion of any
service station shall hereafter be constructed
within 1,500 feet of any part of a building
housing another service station, except
where such other service station is
abandoned and subject to removal under
this section.
[2]B. Minimum Lot Size.
[a]l. The minimum lot size for a service
station site shall be 10,000 square feet on a
comer lot and 12,000 square feet on any
other lot.
[b]2. The minimum street frontage on
the major traffic -carrying street of a corner
lot shall be 100 feet.
[c]3. The minimum street frontage for a
service station site on other than a corner
lot shall be 120 feet.
[d]4. The minimum lot depth shall be
100 feet.
[3]C. Setbacks. The service station and
any attached or free-standing canopies on
the service station property shall be set back
not less than 10 feet from any property line.
[4]D. Screening:
[a]l. When property used for a service
station abuts on property used for residential
purposes, there shall be placed along the
boundary between the residential property
and the service station a solid wall or fence
six feet high, or as an alternative, an
evergreen hedge at least four feet high and
capable of attaining a height of six feet.
[b]2. Any area used for the storage of
trash or other waste shall be screened by a
solid wall or fence which prevents the said
objects from being visible from any public
street or sidewalk.
[5]E. Landscaping. There shall be
landscaping on at least four percent of the
service station lot. Landscaping plans shall
be approved during site plan review as set
forth in this title [ordinance].
[6]F. Lighting:
[a]l. Lighting shall be of such
illumination, direction, color and intensity as
not to create a nuisance on adjacent
property or to create a traffic hazard.
[b]2. Wiring for the business and its
signs and outdoor light fixtures shall be
underground.
[7]9. Major Alteration. Major
Alteration shall include any improvement,
expansion or structural changes which do
not constitute ordinary upkeep or minor
repairs.
[8]H. Off -Street Parking. An off-street
parking space shall be provided for the
employees and operators of the service
station.
[9]I. Permitted Activities. A service
station may engage in the following activities
which are incidental to its use as a service
station: the sale and installation of motor
vehicle accessories, motor vehicle repairs
and any other sale, service or activity
customarily provided by service stations.
20.104.050[Section 4.050]. Service station
abandonment.
[1]A. Abandonment. Whenever a service
station is not in use as a service station for a
continuous period of 12 months, all
structures and facilities above and below the
ground located on the lot which were
connected with the operation of the service
station shall be removed, unless said
structures are converted to another use as
allowed by the Hearings Body [Planning
Commission]. It shall be the primary
responsibility of the owner of the
improvements to comply with the directives
of this title [ordinance]. In the event that
the owner of said real property fails to
comply, the county may remove the
Title 20 79 (3/2/94)
improvements and make the costs of said
removal a lien against the property.
Operation for at least 90 consecutive days
shall be required to interrupt a continuous
twelve-month period.
[2]B. All service stations which are
unused for 12 months as provided above are
hereby declared to be nuisances and subject
to abatement as hereinafter provided.
[3]C. Inspections. The County Engineer
shall, at his discretion, make periodic
inspection, and when a service station has
been found not to be in use as a service
station for a period of 12 consecutive
months, the following persons shall be
notified of the requirements to be met under
this title [ordinance]:
[a]1. The record owner of the real
property.
[b]2. The oil company that last supplied
petroleum products to the station.
[c]3. The last operator of the station.
[4]D. Notice. The following shall be
satisfactory notice under this section:
[a]1. A notice shall be prominently
posted on the premises where the station is
located, directing the owner or person in
charge of the station to comply with the
directives of this [ordinance] title.
[b]2. At the time of posting, the Clerk
shall cause a copy of the notice to be
forwarded by registered or certified mail,
postage prepaid, to the persons named
above.
[c]3. The notices shall contain:
[1]a. A description of the real property,
by street address or otherwise, on which the
service station is located.
[2]b. A description of the removal work
necessary to comply with this title
[ordinance].
[3]c. A direction to comply with the
requirements contained in said notice within
30 days from the date of notice.
[4]d. A statement that unless the
required work is done, the county may do it,
that the cost thereof shall be a lien against
the property and that failure to so perform
may result in court prosecution.
[5Le. A statement that the owner or
other person in charge of the property may
appeal the directive contained in the notice
by notifying the recorder in writing within 10
days from the date of the notice.
[D]4. Upon completion of the posting
and mailing, the person posting and mailing
the notice shall execute and file a certificate
stating the date and place of mailing and
posting.
[E]5. An error in the name or address of
the owner or person in charge of the
property or the use of a name other than
that of the owner [of] or such other person
shall not make the notice void, and in such a
case, the posted notice shall be sufficient.
[5]E. An order of the County Engineer
may be appealed by filing a written notice
with the recorder within 10 days after the
order is received or refusal communicated.
The appellant and the County Engineer shall
be granted a hearing before the Board, and
action taken by the Board after the hearing
shall be final. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.104.060[Section 4.055]. Standards for
multi -family dwelling complex[- R-5 ZONE].
A multi -family dwelling complex shall
comply with the following additional
provisions:
A. There shall be no outdoor storage of
furniture, tools, equipment, building
materials [of] or supplies belonging to the
occupants or management of the complex.
B. If such a complex or any unit thereof
is more than 500 feet from a public fire
hydrant, such shall be provided at
appropriate locations on a vehicular way and
shall conform in design and capacity to the
public hydrants in the city.
C. A minimum of at least 2,500 square
feet plus 150 square feet per dwelling unit
shall be provided for a recreational play area
or group or community activities. Such area
shall be improved with grass, plantings,
surfacings, equipment or buildings suitable
Title 20 80 (3/2/94)
for recreational use. The Hearings Bodv
[Commission] may require this area to be
protected from streets, parking areas or the
like by a fence or the equivalent.
D. All such complexes with more than 20
dwelling units shall be located so as to have
access on a street designated as a collector
unless otherwise approved by the Hearings
Bodv [Commission].
E. All roadways and parking areas shall
be paved and roadways shall not be less than
20 feet in width.
F. A sight -obscuring fence or evergreen
hedge may be required by the Hearings
Body [Commission] when, in its judgment,
such screening is necessary to preserve the
values of nearby properties, protect the
aesthetic character of the neighborhood or
vicinity, and to provide security for
occupants of the subject complex.
G. All structures associated with such a
complex shall be setback 30 feet from the
property line of an abutting single-family
residential lot or use unless approved
otherwise by the Hearings Bodv
[Commission].
H. Sidewalks or other approved surfaced
pedestrian walkways shall be provided.
I. Bicycle parking facilities shall be
provided.
J. Public Park. The developer shall be
required to either dedicate land for a public
park or pay a sum into a park fund in
accordance with the provisions set forth in
Section 20.104.120. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.104.070[Section 4.060]. Standards for
manufactured homes.
[1]A. The manufactured home shall be
multi -sectional and enclose at least 1,000
square feet;
[2]B. The manufactured home shall be
located not more than 12 inches above grade
on an excavated and back-filled foundation
that is enclosed at the perimeter;
[3]C. The manufactured home shall have
a pitched roof, with a minimum pitch of
0128-180.JS
three -twelfth:
[4]D. Exterior siding and roofing shall be
similar in color, material and appearance to
that used on dwellings in the community or
on surrounding dwellings;
[5]E. The manufactured home shall be
certified by the manufacturer to have an
exterior thermal envelope meeting
performance standards equivalent to those
required for single-family dwellings under
the state building code as defined in ORS
455.010;
[6]F. A garage or carport shall be
constructed in conjunction with the
placement of the manufactured home. (Ord.
94-013 § 1, 1994; Ord. 91-012 § 8, 1991;
Ord. 80-201, 1980)
20.104.080[Section 4.0701. Development
standards along the perimeter of the
"Canyon."
[1]A. All lots fronting on the Canyon rim
shall be a minimum of 9,000 square feet.
P. Mobile homes shall not be permitted
within 200 feet of the Canyon rim.]
[3]B. All development within 200 feet of
the Canyon rim shall be subject to a special
site development plan review. Consideration
shall be given to site landscaping,
maintenance of the visual aesthetics,
retention of native vegetation, minimization
of natural ground area disturbances, special
setbacks, etc.
[4]C. No structure within 200 feet of the
Canyon rim shall exceed the height of 30
feet above ground level.
[5]D. No building shall be permitted
within twenty feet of the Canyon rim. Decks
or patios shall be set back from the Canyon
rim the equivalent number of feet as the
height of the deck or patio from the ground.
[6]E. Fences near the Canyon rim shall
be subject to site and design review. (Ord.
94-013 § 1, 1994; Ord. 80-201, 1980)
[Section 4.080. Signs.]
[1. Residential Zones. The following
limitations shall apply to signs in the R-1, R -
Title 20 81 (3/2/94)
2, R-3, R-4 and R-5 zones:
A. One name plate sign for each dwelling
unit. The sign shall not be more than one
and one-half square feet in area and shall
not be specifically illuminated.
B. One temporary sign advertising the
sale, lease or rental of the property on which
it is located. The sign shall not be more
than six square feet in area and shall not be
specifically illuminated.
C. One temporary sign advertising the
sale of a tract of land or subdivision or of
lots in a subdivision. The sign shall not be
more than 32 square feet in area, shall not
be specifically illuminated and shall be back
at least 10 feet from a front or side property
line.
D. One sign identifying a conditional use.
The sign shall not be more than 24 square
feet in area, shall not be specifically
illuminated and shall be set back at least 10
feet from a property line.
E. One sign identifying a subdivision
multi -family dwelling complex or planned
unit development located at the entrance
thereto. The sign shall not be more than 32
square feet in area, shall not be specifically
illuminated and shall be set back at least 10
feet from a property line.]
[2. Commercial Zones. The following
limitations shall apply to signs in the C-1, C-
2, C-3, C-4 C-5 and N -C zones:
A. Signs shall be set back at least 10 feet
from a lot in a residential zone.
B. Signs shall not be placed (pose or
overhand) or projected into street right of
way as adopted in the Redmond
Comprehensive Plan.
C. In the event that a person desiring to
erect or place a sign does not know or is
uncertain where the street right of way is
located, he shall contact the Planning
Director for assistance.
D. Signs shall be oriented in a manner so
as not to cast direct light on adjacent or
nearby residential property.
E. One name plate or home occupation
sign for each dwelling unit. The sign shall
0128-1889
not be more than one and one-half square
feet in area and shall not be specifically
illuminated.
F. One temporary sign advertising the
sale, lease or rental of the property on which
it is located. The sign shall not be more
than six square feet in area and shall not be
specifically illuminated.
G. One sign on the building to which it
relates for each street frontage and not
exceeding an area equivalent to one square
foot of sign area for each linear foot of the
building facing the street that borders on the
building site to a maximum sign area of 75
square feet. For building sites in which the
principal use is not conducted within a
building, a detached sign may be erected one
square foot for each two linear feet of street
frontage to a maximum of 75 square feet
and with an allowable minimum of 25 square
feet.
3. Industrial Zones. The following
limitations shall apply to signs in the M-1
and M-2 zones.
A. Signs shall be set back at least 25 feet
from a lot line in a residential zone.
B. Signs shall not be placed (post or
overhang) or projected into a street right-of-
way as adopted in the City Comprehensive
Plan.
C. In the event that a person desiring to
erect or place a sign does not know or is
uncertain where the street right-of-way is
located, he shall contact the Planning
Director for assistance.
D. Signs shall be oriented in a manner so
as not to cast direct light on adjacent or
nearby residential property.
E. One temporary sign advertising the
sale, lease, or rental of the property on
which it is located. The sign shall not be
more than six squre feet in area and shall
not be specifically illuminated.
F. One temporary sign advertising the
sale of a tract of land or subdivision or of
lots in a subdivision. The sign shall not be
more than 32 square feet in area, shall not
be specifically illuminated, and shall be at
Title 20 82 (3/2/94)
least 10 feet from a property line.
G. One sign on the building to which it
relates for each street frontage and not
exceeding an area equivalent to one square
foot of sign area for each linear foot of the
building facing the street that borders on the
building site to a maximum sign area of 75
square feet. For building sties on which the
principal use is not conducted within a
building, a detached sign may be erected
having an area not to exceed one square
foot for each two linear feet of street
frontage to a maximum of 75 square feet
and with an allowable minimum of 25 square
feet. (Ord. 81-007 § 29, 1981; Ord. 80-201,
1980)]
20.104.090[ Section 4.090]. Fences.
[1. Fences]
A. Provisions for regulating fences on
interior side or rear yards:
1. A fence, lattice work, screen or wall
not more than six feet in height may be
located in any required side rear yard.
B. Provisions for regulating fences and
hedges in front exterior and side yards:
1. Except as provided for in subsection 2,
a fence or wall, other than a retaining wall,
located in a required side yard [on the street
side of the comer lot] shall not exceed a
height of three feet.
2. On a local street, a fence may have a
height uy to six feet in a front or side -yard
so long as it is 15 feet or more from the
street curb. Provided, however, in those
areas designated for clear vision, the
restrictions set forth in Subsection A shall
apply.
[2. On designated local streets, fences in a
front yard or side yard on a street with a 6 -
foot maximum height shall, be allowed
within 15 feet of the curb in existing
subdivisions and new residential
developments, except at street comers, in
the designated clear vision area or where a
fence would obstruct vision from driveways.
Fences on corner lots shall not obstruct a
safe line of sight from the street.]
0128-1890
3. No fence or sign shall be constructed
within a required yard that will inhibit the
use of an existing or proposed solar energy
device. (Ord. 94-013 § 1, 1994; Ord. 81-041
§ 1, 1981; Ord. 80-201, 1980)
20.104.100[Section 4.0951. Home occupation.
When permitted as an accessory use, the
following limitations will be conditions:
[1]A. The home occupation is to be
secondary to the main use of the property as
a residence.
[2]B. No structural alterations shall be
allowed to accommodate the home
occupation except when otherwise required
by law, and then only after the plans for
such alterations have been reviewed and
approved by the Hearings Body [Planning
Commission]. Such structural alterations
shall not detract from the outward
appearance of the building as an accessory
structure to a residence.
[3]C. No materials or mechanical
equipment shall be used which will be
detrimental to the residential use of the
property or adjoining residences because of
vibration, noise, dust, smoke, odor,
interference with radio or television
reception or other factors.
[4]D. No materials or commodities shall
be delivered to or from the property which
are of such bulk or quantity as to require
delivery by a commercial vehicle or a trailer
or the parking of customer's vehicles in a
manner or frequency as to cause disturbance
or inconvenience to nearby residents or so
as to necessitate off-street parking.
[5]E. No exterior storage or display shall
be permitted.
[6]F. Exterior signs shall be limited to
those permitted in the zone in which the
home occupation is located. There shall be
no other exterior indication of the home
occupation.
[7]G. There shall be no retail sales from
the premises.
[9]H. A home occupation which creates a
nuisance because of noise, smoke, dust, gas
Title 20 83 (3/2/94)
or the generation of excessive vehicle traffic
is prohibited. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.104.110[Section 4.100]. Standards for
arterial and collector streets.
Industrial and commercial developments
fronting on, siding on, adjacent to or
creating arterial or collector streets shall
comply with the following standards:
[1]A. Front or side yard setback areas
and right of way areas between the proposed
curb or edge of pavement shall be
landscaped and maintained by the
contiguous owner. A plan of said
landscaping shall be submitted in accordance
with development plan requirements of
Chapter 20.118 [Ordinance 502]. Landscape
features can include techniques such as
berms, walls, fences, screens and other
landscape methods. Storage areas, parking
areas, loading or unloading areas and all
other unsightly or unmanageable areas shall
be totally screened from view from arterials
or collectors. Natural, aesthetically pleasing
areas within the setback area or wherever
practical within the public right of way shall
be left natural and incorporated into the
development theme for the balance of the
landscape area. Median strips in arterials
shall be maintained by the county, but may
be required as part of developer
improvements when development plan
approval is requested. Installation of a total
width median strip would be the minimum
requirement in such cases. Median strips
shall have a minimum width of 20 feet, but
may also be wider as required during
development plan review and approval.
20.104.120 Public park dedication -Park
fund.
A. A developer of either a multi -family
dwelling complex, manufactured home park
or planned unit development shall set aside
and dedicate to the public for park and
recreation purposes, not less than 8 percent
of the gross area of said development if the
0128-x 891
land to be dedicated is suitable and
adaptable for such purposes and is
generally located in an area planned for
parks.
B. The Hearings Body shall determine
whether or not said land is, in fact, suitable
for park purposes. Prior or any such
determination, however, the Hearings Bod_y
shall request a recommendation from the
Planning Director or his designee. Provided
that such approval shall be subject to the
condition that the Board accept the deed
dedicating such land.
C. Those areas that are required for
open space in multi -family complexes,
manufactured home parks or planned unit
developments, shall not be used to satisfy
the requirements of this section.
D. In the event there is no suitable park
or recreation area or site in the proposed
subdivision adjacent thereto, then the
developer shall, in lieu of setting aside land,
Pa y into a park acquisition and development
fund a sum of money equal to the fair
market value of the land that would have
been donated under (1) above. For the
purpose of determining the fair market
value, the latest value of the land as
unplatted and without improvements as
shown on the County Assessor's tax roll
shall be used. The sum so contributed shall
be used for acquisition of suitable area for
park and recreation purposes or for the
development of recreation facilities. Such
expenditures shall be made for the
neighborhood or community that will
reasonably benefit the contributing
subdivision.
E. Expenditure of Funds. Funds
contributed in lieu of park land shall be
credited to a park acquisition and
development fund and shall be deposited
with the County Treasurer. Such funds may
be expended only on order of the Board for
the purpose of acquiring or developing land
for park or recreation purposes. (Ord. 94-
013§1,1994)
Title 20 84 (3/2/94)
20.104.130[ Section 4.1601. Temporary
placement of manufactured [mobile] home.
A manufactured [mobile] home
conforming to the standards of Section
20.116.040(lo)(F) may be placed on a site in
coniunction with the issuance of a building
permit for a period of six months following
the date of issuance. A property owner may
apply for a permit allowing such placement
by filing an application with the Planning
Director on a form provided by the Planning
Department. The Planning Director shall
issue said permit but may attach conditions
deemed necessary to minimize the impact of
the placements on the adjacent properties.
The Planning Director may also grant an
additional six months for the permit if the
applicant can establish the extension is
necessary. (Ord. 94-013 § 1, 1994; Ord. 81-
041 § 1, 1981)
20.104.140[Section 4.1701. Building setbacks
for the protection of solar access.
[1]A. Purpose. The purpose of this
Section is to provide as much solar access as
practical during the winter solar heating
hours to existing or potential buildings by
requiring all new structures to be
constructed as far south on [thier] their lots
as is necessary and feasible.
[2]B. Standards. Every new structure or
addition to an existing structure shall meet
the following standards, except as provided
in (C) below:
[A]1. South Wall Protection Standard.
The south wall protection standard is
established in Appendix A, and all new
structures or additions shall meet this
standard if feasible. If it is not feasible due
to physical constraints on the lot, including,
but not limited to, rock outcroppings, septic
systems, existing legal restrictions or lot
dimensions as determined by the Planning
Director, then the structure or addition must
be located as far to the south of the lot as
feasible and must meet the standards set
forth in [(B)] (2) below.
[B]2. South Roof Protection Standard.
All new structures or additions to existing
structures shall meet the standard for south
roof protection set forth in Appendix B.
[C)3. Exceptions. The south roof
protection standard shall not apply only if
the applicant establishes:
[1]a. That the structure cannot be
located on the lot without violating the
requirements contained in Appendix B; and
[2]b. That the structure is built with its
highest point as far to the south as feasible;
and
i. That the structure is a single-family
residence with a highest point less than or
equal to 16 feet high; or, if not a single-
family residence;
ii. That it is a permitted [or conditional]
use for the lot.
[3]C. Exemptions.
[A]1. The governing body may exempt
from the provision of this section any area
which it determines that solar uses are not
feasible because the area is already
substantially shaded due to heavy vegetation,
steep north facing slopes, and any area or
zone in which taller buildings are planned.
[B]_2. The Planning Director shall exempt
a structure from the provisions of this
section if the structure will shade only a
protected area in which solar uses are not
feasible because the protected area is
already substantially shaded at the time a
request for exemption is made and approved
by the Planning Director. Notice of the
proposed exemption shall be sent to the
affected property owner(s). Any exemption
may be appealed by the affected property
owners(s) in accordance with Title 22.
[C]3. The Planning Director shall exempt
a structure from the provisions of this
Section [4.170 of this Ordinance] if the
proposed structure is on land regulated by a
solar height requirement [in conformance
with a solar height restriction as provided in
Sections 4.300 and 6.030 of Ordinance No.
81-043, Deschutes County Subdivision/
Partition Ordinance, as amended.] (Ord. 94-
013 § 1, 1994; Ord. 83-040 § 3, 1983)
Title 20 85 (3/2/94)
20.104.150[Section 4.180]. Solar access
permit.
[1]A. Purpose. The purpose of this
section is to provide solar access to
productive solar collectors by establishing
limitations, on a case by case basis, for the
growth of vegetation on certain lots in the
vicinity of a productive solar collector.
[2]B. implication for Solar Access
Permit.
[A]l. Any owner may submit an
application for a solar access permit to
provide solar access for a productive solar
collector located on the owner's real
property.
[B]2. The application for a solar access
permit shall be on forms prescribed by the
County and shall contain, at a minimum:
[1]a. A legal description of the
applicant's lot, including a statement that the
applicant is the owner of the lot, and a
description of the nature of the applicant's
interest in the lot;
[2]b. Documentation to show that the
solar collector is or will be a productive
solar collector within one year of
application;
[3]c. Descriptive drawings of the solar
collector showing its dimensions and precise
location;
[4]d. A sunchart and a statement of the
solar heating hours for which solar access is
sought;
[5]e. A statement that there is no
reasonable alternative location for the solar
collector that would result in a lesser burden
on a neighboring lot;
[6]_f. A statement that trimming the
vegetation on the applicant's lot will not
permit an alternative location that would
lessen the burden on a neighboring lot;
[7]g. A list of the lots that are within 150
feet to the south, southeast or southwest of
the solar collector, including [street] streets,
alleys and other [ubuildable] unbuildable
areas; a legal description for each such lot;
the owner [or] of record and his address; the
exempt vegetation located on the lot; and
0128-18003
any existing non-exempt vegetation likely to
encroach on the protected area;
[8]h. A statement that none of the lots
impacted are located on a north facing slope
with a grade that exceeds, on average, 15
percent;
[9]i. A plot plan showing the location of
and delineating all exempt and non-exempt
vegetation as shown on the sunchart
photograph as well as any non-exempt
vegetation not shown on the sunchart which
may encroach on the protected area in the
future. The plot plan shall also include:
L The exact site of the solar collector, its
height and its orientation.
ii. Scale.
iii. An indication of true north.
iv. A survey of the lot.
[C]3. The solar access permit application
shall be approved if:
[1]a. The solar collector is or will be a
productive solar collector;
[2]b. The protected area to be created
by the solar access permit is reasonably
located. A solar access permit shall be
denied under this paragraph if the applicant
could trim his own vegetation to permit an
alternative location that would be less
burdensome upon a burdened neighboring
lot. A solar access permit shall also be
denied under this paragraph if there is an
alternate location that would impose a lesser
burden on a neighboring lot or lots;
[3]c. The applicant requests solar
heating hours no greater than two hours
before and after the solar zenith from
September 22 to March 21, and three hours
before and after the solar zenith from March
22 to September 21;
[4]d. The solar access provided by the
permit does not burden any lot with a north
facing slope with a grade that exceeds, on
average, 15 percent; or which is more than
150 feet from the solar collector; and
[5jee. The application is accurate and
complete.
[3]C. Solar Access Permit Issuance and
Recordation.
Title 20 86 (3/2/94)
[A]l. Upon the approval of an
application, the county shall issue and
acknowledge a solar access permit creating
the solar access requested in the application.
[B]2. Upon receiving such a permit, the
County Clerk shall:
[1]a. Record the solar access permit in
the chain of title of the applicant's lot and of
each neighboring lot identified in the
application; and
[2]b. Keep a copy of the approved
application on file in County Records.
[C]3. The form of the solar access permit
shall be as prescribed by the county and
shall contain, at a minimum:
[1]a. A legal description of the
applicant's lot and each neighboring lot to
be burdened by the solar access created by
the solar access permit; and
[2]b. A complete description of the solar
access restrictions applicable to each
neighboring lot, including the solar heating
hours during which solar access is provided
and a sunchart showing the plotted skyline,
including vegetation and structures and a
scaled drawing showing the size and location
of the protected area and its orientation
with respect to true south; and
[3]c. A reference to where the approved
application may be obtained.
[4]D. Obligation Created by Solar Access
Permit. The owner of any lot burdened by a
solar access permit shall trim any vegetation
not exempted on the burdened lot that
shades the protected area created by the
solar access permit, provided that there is no
vegetation on the lot benefitted by the solar
access permit that also shades the protected
area. The cost of such trimming shall be
borne by the owner of the benefitted lot if
the vegetation existed at the time of permit
application as shown on the plot plan, and
for all other vegetation, by the owner of the
burdened lot. Before any trimming is
required, the collector owner must certify
that the collector is still productive.
[5]E. Termination of Solar Access
Permit.
0128-1KA
[A]1. The Planning Director shall
terminate the solar access permit with
respect to all or part of the neighboring lots
burdened by the solar access permit if a
petition for termination is submitted by the
applicant or the applicant's successor in
interest[, or the collector is not productive
for 12 consecutive months].
[B]2. The applicant [County Clerk[ shall
record the termination of the solar access
permit with the County Clerk and file proof
of said recordation with the Planning
Department.[in the chain of title of each lot
affected by the termination.]
3. If the collector is not productive for
one continuous year after the permit has
been granted the permit shall be
terminated. (Ord. 94-013 § 1, 1994; Ord. 83-
040 § 3, 1983)
Title 20 87 (3/2/94)
Chapter 20.108 [ARTICLE V]
OFF-STREET PARKING AND LOADING
REQUIREMENTS
Sections:
20.108.010
Off-street parking.
20.108.020
Off-street parking and
loading.
20.108.030
Design and improvement
standards for parking lots.
20.108.040
Parking table and diagram.
20.108.010[Section 5.010]. Off-street
parking.
At the time a building is constructed or
enlarged, off-street parking space shall be
provided as set forth in this section. When
square feet are specified, the area measured
shall be the gross floor area of the building,
but shall exclude any space within a building
devoted to off-street parking or loading.
When the number of employees is specified,
persons counted shall be those working on
the premises, including proprietors, during
the largest shift at peak season.
USE
[1]A. Residential Uses
One -family dwelling or
manufactured [mobile] home
Two-family dwelling
Multi -family dwelling
01248-18q005
STANDARD
Two spaces per dwelling unit
on a single lot.
Two spaces per dwelling unit
on a single lot.
Spaces equal to 1.5 times the
number of dwelling units;
where fractioned, next highest
full unit; plus one additional
space for owner or manager and
one space per five dwelling
units for guests, trailer and
boat storage; except in the
case of complexes restricted
Title 20 88 (3/2/94)
[2]B. Commercial Residential Uses
Motel or hotel
OJIL28- is�6
to the aged, the number of
spaces may be reduced by 30 percent.
One space per guest or suite,
plus one space for the owner
or manager.
Club or lodge Spaces to meet the combined
requirements of the uses being
conducted such as hotel,
restaurant, etc.
Rooming or boarding house
[3]C. Institutions
Convalescent hospital,
nursing home, sanitarium,
rest home
Library, museum, art gallery
Hospital
[4]D. Places of Public Assembly
Church
Community swimming pool
Elementary or junior high
school
One space for each guest room.
One space per two beds for
patients or residents.
One space per 250 sq. ft. of
gross floor area.
Spaces equal to 1.5 times the
number of beds; where
fractioned, next highest full
unit.
One space per four seats in
the main auditorium.
One space per 40 sq. ft. of pool area.
One space per classroom, plus
one space per administrative employee or
one space per four seats in the auditorium
or assembly room.
High school One space per classroom, plus one space per
administrative employee, plus one space for
each six students or one space per four seats
in the main auditorium.
Other auditorium or
Title 20
no:
One space per 60 sq. ft. of
(3/2/94)
meeting room
[S]E. Commercial Amusements
Stadium, arena, theater,
etc.
Bowling establishment
without restaurant
Bowling establishment
with restaurant
Dance hall or skating rink
[6]F. Commercial.
Retail store
Service or repair shop,
retail business handling
bulky merchandise, such as
automobiles and furniture
Business or professional
office
Bank
Eating or drinking
establishment
Mortuary
[7]G. Industrial.
Industrial, manufacturing,
research and freight and
terminal uses
Wholesale establishment,
warehouse or bulk storage
0128-isgVJ 7
gross floor area.
One space per four seats.
Six spaces per alley.
Eight spaces per alley.
One space per 100 sq. ft. of
gross floor area.
One space per 200 sq. ft. of gross floor area.
One space per 600 sq. ft. of
gross floor area.
One space per 300 sq. ft. of
gross floor area.
One space per 400 sq. ft. of
gross floor area.
One space per 100 sq. ft. of
gross floor area.
One space per four seats in
the chapel.
One space per employee, if
possible to determine,
otherwise one space per 800
sq. ft. of gross floor area.
One space per employee, if
possible to determine,
otherwise one space per 1,000
sq. ft. of gross floor area.
Title 20 90 (3/2/94)
20.108.020[Section 5.020]. Off-street parking
and loading.
Buildings or structures to be built or
substantially altered which receive and
distribute materials and merchandise by
trucks shall provide and maintain off-street
loading berths. Off-street parking areas
used to fulfill requirements of this
[ordinance] title shall not be used for
loading and unloading operations except
during periods of the day when not required
to care for parking needs. General
provisions are as follows:
[1]A. The provision and maintenance of
off-street parking and loading spaces is a
continuing obligation of the property owner.
Should the owner or occupant of any lot or
building change the use to which the lot or
building is put, thereby increasing off-street
parking or loading requirements, it shall be
a violation of this title [ordinance] to begin
or maintain such altered use until such time
as the increased or off-street parking or
loading requirements are complied with.
[2]B. Requirements for types of buildings
and uses not specifically listed in this title
[ordinance] shall be determined by the
Hearings Body [Planning Commission] based
upon the requirements for comparable uses
listed.
[3]C. In the event that several uses
occupy a single structure or parcel of land,
the total requirements for off-street parking
shall be the sum of the requirements of the
several uses computed separately.
[4]D. Owners of two or more uses,
structures or parcels of land may agree to
utilize jointly the same parking and loading
spaces when the hours of operation do not
overlap; provided that satisfactory legal
evidence is presented to the county in the
form of deeds, leases or contract to establish
the joint use.
[5]E. Off-street parking spaces for
dwellings shall be located on the same parcel
with the dwelling. Other required parking
spaces shall be located not farther than 300
feet from the building or use they are
01,28-18'8
required to serve, measured in a straight line
from the building.
[6jF. Required parking spaces shall be
available for the parking of passenger
automobile of residents, customers, patrons
and employees only, and shall not be used
for storage of vehicles or materials or for
the parking of trucks used in conducting the
business or use.
[7]G. In any zone in connection with
every building or part thereof hereafter
erected and having a gross floor area of
10,000 square feet or more which is to be
occupied for manufacturing, storage,
warehousing, goods display, retail sales, a
hotel, a hospital, a mortuary, a laundry, dry
cleaning establishment or other uses
similarly requiring the receipt or distribution
by vehicles of material or merchandise, there
shall be provided and maintained at least
one off-street loading berth, plus one
additional such berth for each additional
20,000 sq. ft of floor area. Said loading
berth shall be provided with access,
driveways and surfacing in the same manner
as for off-street parking, except that each
space shall be 10 feet wide and 22 feet long
with a height clearance of at least 14 feet.
A sight -obscuring screen, berm or
landscaping shall conceal all loading areas
from view from public streets or roads.
[8]H. Loading and unloading of
merchandise, equipment, etc. shall not be
permitted from public streets or roads. (Ord.
94-013 § 1, 1994; Ord. 80-201, 1980)
20.108.030[Section 5.030]. Design and
improvement standards for parking lots.
The design and improvement standards for
parking lots are:
[1]A. Each parking space or stall shall be
governed by the requirements of Section
20.108.040 [5.040], and in no case have less
than a minimum width of 8 feet and a
minimum length of 18 feet, but in any case
must have at least a total area of 144 square
feet and must be individually accessible, be
paved and be adequately maintained.
Title 20 91 (3/2/94)
[2]B. Except for parking in connection
with dwellings, parking and loading areas
adjacent to or within a residential zone or
adjacent to a dwelling shall be designed to
minimize disturbance to residents by the
erection between the uses of a sight -
obscuring fence or planted screen of not less
than five feet in height except where vision
clearance is required.
[3]C. Parking spaces along the outer
boundaries of a parking lot shall be
contained by a bumper rail or by a curb
which is at least four inches high and which
is set back a minimum of one and one-half
feet from the property line.
[4]D. Artificial lighting which may be
provided shall not shine or create glare in
any residential zone or on any adjacent
dwelling.
[5]E. Access aisles shall be of sufficient
width to permit easy turning and
maneuvering.
[6]F. Except for single-family and duplex
dwellings, groups of more than two parking
spaces shall be so located and served by a
driveway that their use will require no
backing movements or other maneuvering
within a street right of way other than an
alley.
[7]G. Service drives to off-street parking
areas shall be designed and constructed both
to facilitate the flow of traffic and to provide
maximum safety for vehicles and pedestrians.
The number of service drives shall be limited
to the minimum that will accommodate
anticipated traffic.
[8]H. Driveways shall have a minimum
vision clearance area formed by the
intersection of the driveway centerline, the
street right of way line and a straight line
joining said lines through points 30 feet from
their intersection.
[9]I. The following standards shall apply
to parking within industrial zones:
[a]1. Parking shall not be allowed within
the front yard or side yard setback areas.
[b]2. Parking shall not be allowed on
collectors or arterials when industrial zoning
is contiguous to said street.
[c]3. All parking areas shall be limited to
60 spaces plus access. Additional required
parking shall be separated by 5 -foot
landscaped strips, except for access. The 60
parking spaces shall be referred to as a
cluster of parking. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.108.040[Section 5.040]. Parking table and
diagram.
The following table provides the minimum
dimensions of public or private parking
areas. Based on the diagram, "A" equals the
parking angle, "B" equals the stall width, "C"
equals the minimum stall depth, "D" equals
the minimum clear aisle width, "E" equals
the stall distance at bay side, "F" equals the
minimum clear bay width and "G" is the
maximum permitted decrease in clear aisle
width for private parking areas.
Title 20 92 (3/2/94)
r
PARKING TABLE
A
B
C
D
E
F
G
Parallel
8.0
12'0"
2290"
2090"
2
8.0
13.6
11.0
23.4
24.6
8.5
14.1
11.0
24.9
25.1
20`
9.0
14.6
11.0
26.3
25.6
1
10.0
15.5
11.0
29.2
26.5
8.0
16.0
11.0
16.0
27.0
8.5
16.4
11.0
17.0
27.4
30`
9.0
16.8
11.0
18.0
27.8
1
9.5
17.3
11.0
19.0
28.3
10.0
17.7
11.0
20.0
28.7
8.0
18.4
14.0
11.3
32.4
8.5
18.7
13.5
12.0
32.2
45`
9.0
19.1
13.0
12.7
32.1
3
9.5
19.4
13.0
13.4
32.4
10.0
19.8
13.0
14.1
32.8
8.0
19.7
19.0
9.2
38.7
8.5
20.0
18.5
9.8
38.5
606
9.0
20.3
18.0
10.4
38.3
3
9.5
20.5
18.0
11.0
38.5
10.0
20.8
18.0
11.5
38.8
8.0
19.8
20.0
8.5
39.8
8.5
20.1
19.5
9.0
39.6
70`
9.0
20.4
19.0
9.6
39.4
3
9.5
20.6
18.5
10.1
39.1
10.0
20.9
18.0
10.6
38.9
8.0
19.2
25.0
8.1
44.2
8.5
19.3
24.0
8.6
43.3
80`
9.0
19.4
24.0
9.1
43.4
3
9.5
19.5
24.0
9.6
43.5
10.0
19.6
24.0
10.2
43.6
8.0
18.0
26.0
8.0
44.0
8.5
18.0
25.0
8.5
43.0
906
9.0
18.0
24.0
9.0
42.0
3
9.5
18.0
24.0
9.5
42.0
10.0
18.0
24.0
10.0
42.0
(DIAGRAM)
Title 20
93
(3/2/94)
Chapter 20.112[ARTICLE VI]
EXCEPTIONS
Sections:
20.112.010
Exception to lot size
requirements.
20.112.020
Exception to yard
requirements.
20.112.030
Exception to yard
requirements for detached
accessory buildings.
20.112.040
Exception to building height
limitations.
20.112.050
Divided tax lots.
20.112.060
Special exception to lot size
requirements.
20.112.010[Section 6.010]. Exception to lot
size requirements.
If a lot or the aggregate of contiguous lots
or parcels platted prior to the effective date
of this title [Ordinance] has an area or
dimension which does not meet the
requirements of this title [Ordinance], the
lot or aggregate holdings may be put to use
permitted subject to the other requirements
of the zone in which the property is located.
(Ord. 94-013 § 1, 1994; Ord. 80-201, 1980)
20.112.020[Section 6.020]. Exception to yard
requirements.
The Hearings Body [Planning
Commission] may increase the yard
requirement when a yard abuts a street
which the conn [City] has designated for
future widening. The Hearings Bodv
[Planning Commission] may permit a lesser
front yard requirement if structures on
abutting lots do not meet the front yard
requirements of the zone in which it is
located. (Ord. 94-013 § 1, 1994; Ord. 80-201,
1980)
20.112.030[Section 6.030]. Exception to yard
requirements for detached accessory
0128-19'1
buildings.
Detached accessory buildings shall be
located not less than 50 feet from the front
line and shall not project into the required
side yard on the street side of a corner lot.
Where no alley exists, accessory buildings
shall be located not less than 6 feet from the
rear lot line, but in no event may a structure
encroach on a public utility easement.
Where an alley does exist, accessory
buildings shall be located not less than 5 feet
from the rear lot line or alley. (Ord. 94-013
§ 1, 1994; Ord. 80-201, 1980)
20.112.040[Section 6.040]. Exception to
building height limitations.
Except for the [avigation] aviation
requirements set forth in Chapter 20.68
[Section 3.130], the following types of
structures or structural parts are not subject
to the building height limitations prescribed
under [Article III of] this title [Ordinance]:
chimneys, tanks, church spires, belfries,
domes, monuments, fire and hose towers,
observation towers, transmission towers,
smokestacks, flag poles, radio and television
towers, masts, arterials, cooling towers,
elevator shafts and other similar projections.
Prior to construction of these structures or
structural parts, a site plan must be reviewed
and approved in accordance with Chapter
20.118 [Ordinance 502]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
[Section 6.050. Lot exceptions, zero lot
lines.
In any residential zone, the Planning
Commission may allow, in a proposed
subdivision, reduction in setback
requirements to zero lot line setbacks if the
Commission finds such zero lot line setbacks
will not have an adverse impact on the
neighborhood and adequate safeguards for
fire and utility maintenance are
demonstrated. (Ord. 80-201, 1980)]
20.112.050[Section 6.060]. Divided tax lots.
A single tax lot of record may be
Title 20 94 (3/2/94)
0128-1sC2
considered as a divided parcel for the
purposes of this title [Ordinance] if it is
effectively subdivided by a major irrigation
canal, railroad or major topographic feature,
or by a city, county, state or federal road.
No right of way width less than 50 feet shall
constitute an effective division. (Ord. 94-013
§ 1, 1994; Ord. 80-201, 1980)
20.112.060[Section 6.070]. Special exception
to lot size requirements.
Any parcel of land or portion thereof
which is to be dedicated to a public or semi-
public entity for a road, canal, railroad,
utility or other public use shall be exempt
from the minimum lot size requirements set
forth by this title [Ordinance]. (Ord. 94-013
§ 1, 1994; Ord. 80-201, 1980)
Title 20 95 (3/2/94)
Chapter 20.116 [ARTICLE VII]
CONDITIONAL USES
Sections:
use.
20.116.010
Authorization to grant or
deny conditional uses.
20.116.020
General conditions.
20.116.030
Permit and improvements
assurance.
20.116.040
Standards governing
20.116.100
conditional uses.
20.116.050
Application for conditional
20.116.010[ Section 7.0101. Authorization to
grant or deny conditional uses.
Uses designated in this title [Ordinance]
as conditional uses may be permitted upon
authorization by the Hearings Body
[Planning Commission] in accordance with
the standards and procedures established in
this Chapter [Article]. Before approving an
application for a conditional use, the
Hearings Body [Planning Commission] shall
find the following criteria are either met, can
be met by observance of conditions or are
not applicable:
[1]A. The proposal will be consistent with
the Comprehensive Plan and the objectives
of the zoning ordinance and other applicable
policies of the county.
[2]B. The location, size, design and
operating characteristics of the proposal will
have minimal adverse impact on the
liveability, value or approximate
development of abutting properties and the
surrounding area.
[3]C. The proposal will not place an
01014 9
8-19'3
excessive burden on sewage, water supply,
parks, schools or other public facilities,
including traffic flows in the area. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.116.020[ Section 7.020]. General
conditions.
In addition to the standards and
conditions set forth in a specific zone, this
Chapter [Article] and other applicable
regulations in permitting a new conditional
use or the alteration of an existing
conditional use, the Hearings Body
[Commission] may impose conditions which
it finds necessary to avoid a detrimental
impact and to otherwise protect the best
interests of the surrounding area or the
urban area as a whole. These conditions
may include the following:
[1]A. Limiting the manner in which the
use is conducted including restricting the
time an activity may take place and
restraints to minimize such environmental
effects as noise, vibration, air pollution, glare
and odor.
[2]B. Establishing a special yard or other
open space or lot area or dimension.
[3]C. Limiting the height, size or location
of a building or other structure.
[4]D. [Designated] Designating the size,
number, location and nature of vehicle
access points.
[5]E. Increasing the amount of street
dedication, roadway width or improvements
within the street right of way.
[6]F. [Designated] Designating the size,
location, screening, drainage, surfacing or
other improvement of a parking area or
loading zone.
[7]9. Limiting or otherwise designating
the number, size, location, height and
lighting of signs.
[8]H. Limiting the location and intensity
of outdoor lighting and requiring its
shielding.
[9]I. Requiring diking, screening,
landscaping or another facility to protect
adjacent or nearby property and designating
Title 20 96 (3/2/94)
use.
20.116.060
Public hearing on a
conditional use.
20.116.070
Notification of action.
20.116.080
Time limit on a permit for a
conditional use.
20.116.090
Occupancy permit.
20.116.100
Performance bond.
20.116.010[ Section 7.0101. Authorization to
grant or deny conditional uses.
Uses designated in this title [Ordinance]
as conditional uses may be permitted upon
authorization by the Hearings Body
[Planning Commission] in accordance with
the standards and procedures established in
this Chapter [Article]. Before approving an
application for a conditional use, the
Hearings Body [Planning Commission] shall
find the following criteria are either met, can
be met by observance of conditions or are
not applicable:
[1]A. The proposal will be consistent with
the Comprehensive Plan and the objectives
of the zoning ordinance and other applicable
policies of the county.
[2]B. The location, size, design and
operating characteristics of the proposal will
have minimal adverse impact on the
liveability, value or approximate
development of abutting properties and the
surrounding area.
[3]C. The proposal will not place an
01014 9
8-19'3
excessive burden on sewage, water supply,
parks, schools or other public facilities,
including traffic flows in the area. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.116.020[ Section 7.020]. General
conditions.
In addition to the standards and
conditions set forth in a specific zone, this
Chapter [Article] and other applicable
regulations in permitting a new conditional
use or the alteration of an existing
conditional use, the Hearings Body
[Commission] may impose conditions which
it finds necessary to avoid a detrimental
impact and to otherwise protect the best
interests of the surrounding area or the
urban area as a whole. These conditions
may include the following:
[1]A. Limiting the manner in which the
use is conducted including restricting the
time an activity may take place and
restraints to minimize such environmental
effects as noise, vibration, air pollution, glare
and odor.
[2]B. Establishing a special yard or other
open space or lot area or dimension.
[3]C. Limiting the height, size or location
of a building or other structure.
[4]D. [Designated] Designating the size,
number, location and nature of vehicle
access points.
[5]E. Increasing the amount of street
dedication, roadway width or improvements
within the street right of way.
[6]F. [Designated] Designating the size,
location, screening, drainage, surfacing or
other improvement of a parking area or
loading zone.
[7]9. Limiting or otherwise designating
the number, size, location, height and
lighting of signs.
[8]H. Limiting the location and intensity
of outdoor lighting and requiring its
shielding.
[9]I. Requiring diking, screening,
landscaping or another facility to protect
adjacent or nearby property and designating
Title 20 96 (3/2/94)
standards for its installation and
maintenance.
[10]J. Designating the size, height,
location and materials for a fence.
[11]K. Protecting and preserving existing
trees, vegetation or other significant natural
resources.
[12]L. Other conditions necessary to
permit the development of the urban area in
conformity with the intent and purpose of
this title [Ordinance] and the policies of the
Comprehensive Plan. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.116.030[Section 7.030]. Permit and
improvements assurance.
The Hearings Bodv [Commission] may
require an applicant to furnish the county
with a performance bond or such other form
of assurance that the Hearings Body
[Commission] deems necessary to guarantee
development in accordance with the
standards established and the conditions
attached in granting a conditional use
permit. (Ord. 94-013 § 1, 1994; Ord. 80-201,
1980)
20.116.040[ Section 7.040]. Standards
governing conditional uses.
A conditional use shall comply with the
standards of the zone in which it is located
and with the standards and conditions set
forth in this subsection.
[1]A. Airports: aircraft landingfields;
aircraft charter, rental, service and
maintenance facilities not located in an
Airport Control Zone. The Hearings Body
[Planning Commission] 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, nor that the location will
unnecessarily restrict existing and future
development of surrounding lands as
designated by the Comprehensive Plan.
[2]B. Automobile wrecking yard or junk
yard. In considering a conditional use
application for an automobile wrecking yard
98-1904
or junk yard, the Hearings Bodv
[Commission] shall require that it be closed
and screened from public view by a sight -
obscuring and well maintained fence not less
than six feet in height. All junk shall remain
inside the fence. If applicable, the Hearings
Body [Commission] shall be assured that the
proposal is in conformance with applicable
state regulations.
[3]C. Cemeteries. The Hearings Body
[Commission] shall require evidence and
shall find that the terrain and soil types of a
proposed location are suitable for
internment and that the nature of the
subsoil and drainage will not have a
detrimental effect [of] on ground water
sources or domestic water supplies in the
area of the proposed use.
[4]1). Church, hospital, nursing home,
convalescent home, retirement home.
[A]l. Such uses may be authorized as a
conditional use only after consideration of
the following factors:
[1]a. Sufficient area provided for the
building, required yards and off-street
parking (related structures and uses such as
a manse, a parochial school or parish house
are considered separate principal uses and
additional lot areas shall be required
[therefore] therefor).
[2]b. Location of the site relative to the
service area.
[3]c. Probable growth and [need] needs
therefor.
[4]d. Site location relative to land uses in
the vicinity.
[5]e. Adequacy of access to and from
principal streets together with the probable
effect on the traffic volumes of abutting and
nearby streets.
[B]2. Such uses or related buildings shall
be at least 30 feet from a side or rear lot
line.
[C]3. Such uses may be built to exceed
the height limitations of the zone in which it
is located to a maximum height of 50 feet if
the total floor area of the building does not
exceed the area of the site and if the yard
Title 20 97 (3/2/94)
dimensions in each case are equal to at least
two-thirds of the height of the principal
structure.
[5]E. Clinics, clubs, lodges, fraternal
organizations, community centers and grange
halls, golf courses, grounds and buildings for
games or sports, country clubs, swimming
boating, tennis clubs and similar activities,
governmental structures and land uses, parks
and playgrounds. In considering the above,
the Hearings Body [Planning Commission]
may authorize the conditional use after
assurance that the following is to be
provided:
[A]1. Adequate access from principal
streets.
[3]2. Adequate off-street parking.
[C]3. Adequate building and site design
provisions to minimize noise and glare from
the building and site.
[6]F. Commercial use or accessory use
not wholly enclosed within a building or a
retail establishment, office, service
commercial establishment, financial
institution or personal or business service
establishment on a lot abutting or across the
street from a lot in a residential zone. In
any zone permitting a commercial use or
accessory use not wholly enclosed within a
building or a retail establishment, office,
service commercial establishment, financial
institution, or personal or business service
establishment on a lot abutting or across the
street from a lot in a residential zone may
be permitted as a conditional use subject to
the following standards:
[A]l. A sight -obscuring fence or
evergreen hedge may be required by the
Hearings Bodv [Planning Commission]
when, in its judgment, such a fence or hedge
or combination thereof is necessary to
preserve the values of nearby properties or
to protect the aesthetic character of the
neighborhood or vicinity.
[B]2. In addition to the requirements of
the applicable zone, the Hearings Body
[Planning Commission] may further regulate
the placement and design of signs and lights
012:8-1�C5
in order to preserve the values of nearby
property, to protect them from glare, noise
or other distractions or to protect the
aesthetic character of the neighborhood or
vicinity.
[C]3. In order to avoid unnecessary
traffic congestion and hazards, the Hearings
Bodv [Planning Commission] may limit
access to the property.
[7]G. Commercial amusement
establishment. A commercial amusement
establishment may be authorized after
consideration of the following factors:
[A]i. Adequacy of access from principal
streets together with the probable effect on
traffic volumes of abutting and nearby
streets.
[B]2. Adequacy of off-street parking.
[CL3. Adequacy of building and site
design provisions to maintain a reasonable
minimum of noise and glare from the
building and site.
[8]H. Dog_younds and kennels. The
Hearings Bodv [Planning Commission] may
authorize a dog pound or kennel as a
conditional use provided that building and
site design provisions are adequate to
minimize noise and odor. When necessary
to protect surrounding properties, the
Hearings Bodv [Planning Commission] may
require a sight -obscuring fence or hedge and
may restrict vehicular access and loading
facilities, especially those required by trucks
transporting large animals.
[9]l. Mining_quarrying or other
extraction activity.
[A]I. Plans and specifications submitted
to the Hearings Bo dv [Planning
Commission] for approval must contain
sufficient information to allow the Hearings
Body [Planning Commission] to consider and
set standards pertaining to the following:
[lLa. The most appropriate use of the
land.
[2]b. Setback from the property line.
ft. The protection of pedestrians and
vehicles through the use of fencing and
Title 20 98 (3/2/94)
screening.
[4]d. The protection of fish and wildlife
habitat and ecological systems through
control of potential air and water pollutants.
[5]e. The prevention of the collection
and the stagnation of water at all stages of
the operation.
[6]_f. The rehabilitation of the land upon
termination of the operation.
[B]2. Surface mining equipment and
necessary access roads shall be constructed,
maintained and operated in such a manner
as to eliminate, as far as is practicable,
noise, vibration or dust which may be
injurious or annoying to persons or other
uses in the vicinity.
[C]3. The comments and
recommendations of all appropriate natural
resources agencies of the state and federal
government shall be sought.
[D]4. A rock crusher, washer or sorter
shall not be located closer than 500 feet
from a residential or commercial zone.
[10]3. Manufactured [Mobile] Home
Park. A manufactured [mobile] home park
shall be built to site standards in effect at
the time of construction and shall comply
with the following additional provisions:
[A]l. Evidence shall be provided that the
park will be eligible for a certificate of
sanitation as required by state law.
[B]2. The space provided for each
manufactured [mobile] home shall be
provided with piped potable water and
electrical and sewerage connections.
[C]3. The number of spaces for
manufactured [mobile] homes shall not
exceed nine for each acre of the total area
in the manufactured [mobile] home park.
[D]4. A manufactured [mobile] home
shall occupy not more than 40 percent of the
contiguous space provided for the exclusive
use of the occupants of the manufactured
[mobile] homes and exclusive of space
provided for the common use of tenants,
such as roadways, general use structures,
parking spaces, walkways and areas for
recreation and landscaping.
[E]_5. No manufactured [mobile] home in
the park shall be located closer than 15 feet
[fron] from another manufactured [mobile]
home or from a general use building in the
park. No manufactured [mobile] home
accessory building shall be closer than 10
feet from a manufactured [mobile] home
accessory building or other building,
structure or another mobile home space.
No manufactured [mobile] home or other
building or structure shall be within 25 feet
of a public street property boundary or 10
feet of another property boundary.
[FL6. A manufactured [mobile] home
permitted in the park shall meet the
following standards as determined by an
inspection by the building official:
[1]11. It shall have a state insignia
indicating compliance with Oregon State
Manufactured [Mobile] Home Construction
Standards in effect at the time of
manufacture and including compliance for
reconstruction or equipment installation
made after manufacture.
[2]b. Notwithstanding deterioration
which may have occurred due to misuse,
neglect, accident or other cause, the
manufactured [mobile] home shall meet the
state standards for manufactured [mobile]
home construction evidenced by the insignia.
[3]c. It shall contain not less than 225
square feet of space as determined by
measurement of the exterior of the unit
exclusive of any trailer hitch device.
[4]d. It shall contain a water closet,
lavatory, shower or tub and a sink in a
kitchen or other food preparation space.
[G]7. A manufactured [mobile] home
permitted in the park shall be provided with
a continuous skirting.
[H]8. There shall be no outdoor storage
of furniture, tools, equipment, building
materials or supplies belonging to the
occupants or management of the park.
RL9. The land which is used for park
purposes shall be surrounded, except at
entry and exit places, by a sight -obscuring
fence or hedge not less than six feet in
Title 20 99 (3/2/94)
height. The fence or hedge shall be
maintained in a neat appearance.
[J]10. If the park provides space for 50 or
more manufactured [mobile] home units,
each vehicular way in the park shall be
named and marked with signs which are
similar in appearance to those used to
identify public streets. A map of the named
vehicular ways shall be provided to the fire
department.
[K]11. If a manufactured [mobile] home
space or permanent structure in a park is
more than 500 feet from a public fire
hydrant, the park shall have water supply
mains designed to serve fire hydrants and
hydrants shall be provided within 500 feet of
such space or structure. Each hydrant
within the park shall be located on a
vehicular way and shall conform in design
and capacity to the public hydrants in the
city.
[1,112. Open Space. A minimum of at
least 2,500 square feet plus 150 square feet
per manufactured [mobile] home space shall
be provided for a recreational play area or
group or community activities. The
Hearings Body [Planning Commission] may
require this area to be protected from
streets, parking areas or the like by a fence
or the equivalent that conforms to fence
regulations, but at least 30 inches in height
where allowed by fence ordinances. Unless
otherwise approved, no required open space
area shall contain less than 2,500 square
feet. Recreation areas shall be improved
with grass, plantings, surfacings or buildings
suitable for recreational use. No recreation
facility created within a manufactured
[mobile] home park wholly to satisfy the
requirements of this section shall be open
to, or offered in itself to, the general public.
[M]13. Parking Space Requirement. A
parking space shall be provided for each
manufactured [mobile] home space on the
site. In addition, guest parking spaces shall
also be provided in every manufactured
[mobile] home park within 200 feet of the
manufactured [mobile] home spaces served
0128-19C7
and at a ratio of one parking space for each
two manufactured [mobile] home spaces.
Parking spaces shall have durable and
dustless surfaces adequately maintained for
all-weather use and shall be properly
drained.
[N]14. All manufactured [mobile] home
parks over ten acres in size shall be located
so as to have access on a street designated
as a collector street.
[O]15. All manufactured home [trailer]
parks containing a total site area of 20 acres
or more shall provide a secondary access to
the manufactured home [trailer park]. Such
secondary access shall enter the public street
system at least 150 feet from the primary
access.
[P]16. Lighting shall be installed along the
access ways of the manufactured home
[trailer] park and the recreation area with
lights of 100 watts or better or not over 100
feet apart. Wires for service to light poles
and trailer spaces shall be underground.
[Q]17. Roadways within the park shall be
paved and shall be not less than 30 feet in
width if parking is permitted on the margin
of the roadway, or not less than 20 feet in
width if parking is not permitted on the edge
of the roadway and an adequate designated
area is provided and improved for guest
parking and tenant recreational vehicles.
(Such area shall be designed and improved
to provide not less than one parking space
per each two unit spaces in the park.)
[R]18. No manufactured [mobile] home
park shall be created on a site less than
three acres.
[S]19. Sidewalks or other approved
surfaced pedestrian walkways shall be
provided.
20. Public Park. The developer shall be
required to either dedicate land for a public
park or vav a sum into a park fund in
accordance with the provisions set forth in
Section 20.104.120.
[11%. Multi -family dwelling and multi-
family dwelling complex. A multi -family
dwelling and a multi -family dwelling complex
Title 20 100 (3/2/94)
shall comply with the following provisions:
[A]l. There shall be no outdoor storage
of furniture, tools, equipment, building
materials or supplies belonging to the
occupants or management of the complex.
[B]2. If such a complex or any unit
thereof is more than 500 feet from a public
fire hydrant, such shall be provided at
appropriate locations on a vehicular way and
shall conform in design and capacity to the
public hydrants in the city.
[C]3. For a multi -family dwelling
complex, a minimum of at least 2,500 square
feet plus 150 square feet per dwelling unit
shall be provided for a recreational play
area, group or community activities or
common open space. Such area shall be
improved with grass, plantings, surfacings,
equipment or buildings suitable for
recreational use. The Hearings Bodv
[Commission] may require this area to be
protected from streets, parking areas or the
like by a fence or the equivalent.
[D]4. All such complexes with more than
20 dwelling units shall be located so as to
have access on a street designated as a
collector unless otherwise approved by the
Hearings Body [Commission].
[E]5. All such complexes shall provide
adequate access.
[F]6. All roadways and parking areas
shall be paved and roadways shall not be
less than 20 feet in width.
[G]7. A sight -obscuring fence or
evergreen hedge may be required by the
Hearings Bodv [Commission] when, in its
judgment, such screening is necessary to
preserve the values of nearby properties,
protect the aesthetic character of the
neighborhood or vicinity and to provide
security for occupants of the subject
complex.
[H]8. All structures associated with such
a complex shall be setback 25 feet from the
property line of an abutting single-family
residential lot or use, unless otherwise
approved by the Hearings Body.
[I]9. Sidewalks or other approved
9
018 -BCS
surfaced pedestrian walkways shall be
provided.
[J]10. Bicycle parking facilities shall be
provided.
11. Public Park. The developer shall be
required to either dedicate land for a public
park or nay a sum into a park fund in
accordance with the provisions set forth in
Section 20.104.120 [4.150] of this title.
[12]L. Recreational Vehicle Park or
Overnight Use Area Within a Manufactured
(Mobile] Home Park.
A recreation vehicle park or overnight use
area within a manufactured [mobile] home
park shall be built to state standards in
effect at the time of construction and shall
comply with the following provisions:
1. Use Standards:
a. When in association with a
manufactured [mobile] home park the total
number of recreational vehicle spaces within
an overnight use shall not exceed 20 percent
of the total maximum number of
manufactured [mobile] home spaces
allowable under this title [ordinance] and
within the manufactured [mobile] home
park.
b. No recreational vehicle park or
overnight use area shall be permitted with
access further than 1,000 feet from a
designated arterial or collector street or
private street of equal paved width. Further,
such access roads shall be designed and
constructed at the maximum design
standards for right of way and/or pavement
width (60 feet/36 feet). A lesser standard of
not less than 30 feet may be approved by the
Hearings Body if no street parking is
allowed, sufficient off-street parking is
provided and only if the proposed park plan
is accompanied by an approved maintenance
and enforcement management agreement.
c. The design of recreational vehicle
parks and overnight use areas [within
residential districts] shall be subject to site
plan review and approval and shall
recognize, and have minimal adverse impact
on, [the quality and values of the residential
Title 20 101 (3/2/94)
district] the neighborhood.
d. Management headquarters,
recreational facilities, toilets, dumping
stations, showers, coin-operated laundry
facilities, and other uses and structures
customarily incidental to operation of a
recreational vehicle park and campground
are permitted as accessory uses to the park.
2. Design Standards:
a. The maximum density of an RV park
shall be 18 units per acre.
[d]b. The space provided for each
recreational vehicle site shall be not less
than [700] 1,200 square feet, exclusive of any
space used for common areas, such as
roadways, general use structures, walkways,
[parking spaces for vehicles other than
recreation vehicles] common parking areas,
and landscaped areas.
[e]c. Roadways other than those
described in Section 20.116.040(L)(1)(b)[(b)]
above shall be not less than 30 feet in width
if parking is permitted on the margin of the
roadway, or less than 20 feet in width if
parking is not permitted on the edge of the
roadway, shall be paved with asphalt,
concrete, or similar impervious surface and
designed to permit easy access to each
[recreation] recreational vehicle space.
When a service drive provides only
secondary access to all abutting recreational
sites and those sites are all served by a
roadway meeting the above standards. the
secondary drive may be reduced to 14 feet if
one-way __ and posted for no parking,
d. Entrance driveways shall be located
not closer than 150 feet from the
intersection of public streets.
[f]e. A space provided for a [recreation]
recreational vehicle shall be covered with a
dust -free crushed gravel, or paved with
asphalt, concrete, or similar material, and be
designed to provide runoff of surface water.
The [part] portion of the space which is not
occupied by [the recreation] a recreational
vehicle and not intended as an access way to
the [recreation] recreational vehicle or part
of an outdoor patio need not be paved or
0128-19 9
covered with gravel provided the area is
landscaped or otherwise treated to prevent
dust or mud.
[gL A [recreation] recreational vehicle
space shall be provided with piped, potable
water and sewage disposal service. A
recreational vehicle staying in the park shall
[be connected to the] have available water
and sewage service provided by the park if
the vehicle has equipment needing such
service.
[h]g. A [recreation] recreational vehicle
space shall be provided with electric service.
[i]h. Trash receptacles for the disposal
of solid waste material shall be provided in
convenient locations for the use of guests of
the park and [located in such number and
be of such capacity] shall be of such
capacity and number so that there is no
[uncovered] accumulation of uncovered trash
at any time. Trash shall be removed from
the property on a scheduled basis to prevent
health hazard or nuisance.
L No recreational vehicle or any other
camping unit shall be used as a permanent
place of abode, dwelling, or business or for
indefinite periods of time. Occupancy
and/or placement extending beyond six
months in any 12 month period shall be
presumed to be permanent occupancy. Any
action toward removal of wheels of a
recreational vehicle except for temporary
purposes of repair is hereby prohibited.
Camping units other than recreational
vehicles shall be limited to 30 -da -vs in any
60 -day period.
U. No recreation vehicle shall remain in
the park for more than 30 days in any 60 -
day period.]
[kU. The total number of parking spaces
in the park, exclusive of parking provided
for the exclusive use of the manager or
employees of the park, shall be equal to one
space per [recreation] recreational vehicle
space. Parking spaces shall be covered with
crushed gravel or paved with asphalt,
concrete or similar material, providing a
dust -free surface.
Title 20 102 (3/2/94)
P%- The park shall provide toilets,
lavatories and showers for each sex as
required by the State Building Agency
Administrative Rules, Chapter 918. Such
facilities shall be lighted at all times of night
and day, shall be ventilated, and shall be
provided with adequate floor drains to
permit easy cleaning.
[m. The park shall provide one utility
building or room containing one clothes
washing machine, one clothes drying line for
each 10 recreation vehicle spaces or any
fraction thereof, unless such facilities are
available within a distance of three miles
and are adequate pursuant to these
standards.]
[n. Building spaces required by
subsections (L) and (M) shall be lighted at
all times of night and day, shall be ventilated
and shall be provided with adequate floor
drains to permit easy cleaning.]
[o. Except for the access roadway into the
park, the park shall be screened on all sides
by a sight -obscuring hedge or fence not less
than six feet in height.]
[p. The park shall be maintained in a neat
appearance at all times. Except for vehicles,
there shall be no outside storage of
materials or equipment belonging to the
park or to any guest of the park.]
[q. Evidence shall be provided that the
park will be eligible for a certificate of
sanitation as required by state law.]
1. Recreational vehicles or other
camping units shall be separated from each
other and from other structures by a least
10 feet. Any accessory structure such as
attached awnings, carports. or individual
storage facilities shall, for purposes of this
separation requirements, by considered to
be part of the recreational vehicle.
m. The recreational vehicle park shall be
enclosed by a fence, wall, landscape
screening, earth mounds, or by other
designs approved by the Planning Director
which will complement the landscape and
assure compatibility with the adiacent
environment.
n. Each recreational vehicle park shall
set aside along the perimeter of the
recreational vehicle park a minimum 10'
strip which shall be site obscuring
landscaped and used for no other purpose.
Additional area for landscaping may be
required through the design review process.
(Ord. 94-013 § 1, 1994; Ord. 84-003 § 3,
1984; Ord. 80-201)
[13]M. Radio, television tower, utility
station or substation.
[A]l. In a residential zone, all equipment
storage on the site shall be within an
enclosed building.
[B]2. The use may be fenced and
provided with landscaping.
[C]3. The minimum lot size for a public
utility facility may be waived on finding that
the waiver will not result in noise or other
detrimental effect to adjacent property.
[D]4. Transmission towers, poles,
overhead wires, pumping stations and similar
gear shall be so located, designed and
installed as to minimize their conflict with
scenic values.
[14]N. Schools.
[A]1. Nursery schools shall provide and
maintain at least 100 square feet of outdoor
play area per child. A sight -obscuring fence
at least four feet but not more than six feet
high shall separate the play area from
abutting lots.
[B]2. Elementary schools should provide
a basic site area of five acres plus one
additional acre for each 200 [100] pupils of
predicted ultimate enrollment.
[C]3. Secondary schools should provide a
basic site area of 10 acres plus one
additional acre for each 100 pupils of
predicted ultimate enrollment.
[D]4. There shall be access to all
buildings for emergency vehicles.
[15]9. Living quarters necessary to the
operation of a commercial enterprise or for
custodians of commercially used properties
requiring extensive outdoor storage.
[A]1. Such residential facilities shall be
allowed only when the applicant can show a
Title 20 103 (3/2/94)
legitimate need for night security for the
premises.
[B]2. Such residential facilities shall be
subject to site and design review and shall
meet all applicable criteria of the site and
design review ordinance.
[C]3. Such residential facilities shall be
limited to site -built structures only. (Ord. 94-
013 § 1, 1994; Ord. 91-012 § 11, 1991; Ord.
84-003 § 3, 1984; Ord. 81-007 § 30, 1981;
Ord. 80-201, 1980)
20.116.050[Section 7.050]. Application for a
conditional use.
A property owner may initiate a request
for a conditional use. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.116.060[Section 7.060]. Public hearing on
a conditional use.
Before the Hearings Body [Planning
Commission] may act on a request for a
conditional use, it shall hold a public hearing
following the procedure described in Title 22
[Article M]. (Ord. 94-013 § 1, 1994; Ord.
80-201, 1980)
20.116.070[Section 7.070]. Notification of
action.
Within ten days after a decision has been
rendered on a request for a conditional use,
the Director shall provide the applicant with
a written notice of the Hearings Body's
[Commission's] action. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.116.080[Section 7.080]. Time limit on a
permit for a conditional use.
Authorization of a conditional use shall be
void after one year or such lesser time as the
authorization may specify, unless substantial
construction has taken place. However, the
Hearings Body [Planning Commission] may
extend authorization for an additional period
not to exceed one year on request. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.116.090[Section 7.0901. Occupancy
permit.
The Hearings Body [Commission] may
require an "occupancy permit" for any
conditional use approved pursuant to the
provisions of this title [Ordinance]. The
Hearings Body [Commission] shall consider
such a requirement for any use authorized
by a conditional use permit for which this
title [the Ordinance] requires on-site
improvements or where such conditions have
been established by the Hearings Body
[Commission] upon approval of such use.
The requirement of an occupancy permit
shall be for the intent of insuring permit
compliance and said permit shall not be
issued except as set forth by the Hearings
Body [Commission]. The authority to issue
an occupancy permit upon compliance with
the requirements and conditions of a
conditional use permit may be delegated by
the Hearings Body [Commission] to the
[Secretary of the Commission, the] Planning
Director or the Building Official. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.116.100[Section 7.100]. Performance
bond.
The Hearing Bodv [Planning Commission]
may require the applicant to furnish the
county with a performance bond or other
adequate form of assurance to guarantee
development in accordance with the
standards and conditions attached in
granting a conditional use permit. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
Title 20 104 (3/2/94)
Chapter 20.118
SITE AND DESIGN REVIEW
Sections:
20.118.010
Design criteria guidelines.
20.118.020
Multi -family development.
20.118.030
Commerical development.
20.118.040
Industrial development -
Airport.
20.118.050
All developments.
20.118.010 Design criteria guidelines
A. The Planning Director or Hearings
Body shall approve the issuance of a
building permit in any manner subject to its
1urisdiction, if the applicant complies with
the following criteria:
1. The plan for the proposed building,
structure and/or landscaping is in
conformity with generally accepted
principles of good design and, in general
contributes to the image of the urban area
as a place of beauty. spaciousness, balance,
taste, fitness, broad vistas and high Quality.
2. The plan for the proposed building or
structure indicates that the building is
protected against any use thereof which may
tend to make the environment of the
building less desirable through noise,
vibrations or other factors.
3. The proposed buildinz structure or
landscaping is not, in its design and
appearance, so at variance with the
appearance of other existing structures and
landscaping in the neighborhood as to cause
the nature of the local environment to
depreciate materially in appearance and
value.
4. The proposed building, structure or
landscaping is in harmony with the
proposed developments on land in the
general area, with the Comprehensive Plan
for the Redmond Urban Area and with
plans and ordinances adopted pursuant to
the Comprehensive Plan.
B. Principles to be followed:
Areas of aesthetic and site plan
consideration shall include, but are not
necessarily limited to, the following:
1. Review of buildings or structures for
scale. mass, proportion, use of materials,
relationship to adiacent elements and
relationship to the community as a whole.
2. Review of proposed exterior color and
material application with relationship to
adiacent architectural or natural elements.
The intent, with respect to review of color, is
to avoid the use of colors which would
offend community standards and/or tend to
depress property value in the vicinity.
3. Review of proposed location, height
and materials of walls, fences, hedges and
screen plantings to insure harmony with
adjacent development or to conceal storage
areas, utility installations or other surfacing
to prevent dust and erosion.
4. Review of location, color, size, height,
lighting and landscaping of outdoor
advertising signs and structures, in relation
to traffic hazards and the appearance and
harmony with the environment.
5. Review the site layout considering the
orientation and location of buildings and
open spaces in relation to the physical
characteristics of the site, the character of
the neighborhood, the appearance and
harmony of the buildings with adiacent
development and the surrounding
landscape.
6. Review of the layout of the site with
respect to locations and dimensions of
vehicular and pedestrian entrances, exits,
drives and walkways.
7. Adequate provision of public facilities
and services, including necessary right of
way dedication or improvement of roads
based on existing and future traffic
patterns.
C. The various categories with which
these guidelines will deal are as follows:
1. Multi -family development
2. Commercial development - Downtown
Area Development
Title 20 105 (3/2/94)
3. Industrial development - Airport
4. All developments
The purpose of these guidelines is to set
forth and not overlook any and all of the
desirable design characteristics with the
understanding that they may not all be
achieved in any single development -
It should be further emphasized that these
are guidelines to be used by owners, the
architectural profession and the Hearings
Body commission with discretion applicable
to the particular design problem.
20.118.020[l.] Multi -family
development.
The following guidelines are established to
insure apartment development which
provides maximum livability and aesthetic
value:
A. The Automobile
1. Develop a clear separation of living
areas and car areas.
2. Avoid breaking up site into small
building sites surrounded by parking or
driveways.
3. Parking areas should be provided in
discreet bays, or depressed courts rather
than vast "parking lots".
4. Parking and driveways should be
located so that the noise and fumes of autos
will not disturb residents of the
development.
5. Parking areas should be screened
from the street view and from interior
activity areas.
6. The development of landscape
treatment, pedestrian paths, recreation
areas, patios and the like should be
considered in the overall development plan.
7. Private handicapped stalls should be
located near entrances.
B. The Site Plan
1. Private outdoor spaces should be
easily accessible and designed to encourage
usage.
2. In dwelling groups, direct window -to -
adjoining -window alignment should be
avoided.
0O
3. In dwelling groups smaller, more
human -scaled outdoor spaces are preferable
to large "parade ground" areas.
4. In dwelling groups, avoid unusually
lone or unbroken buildings.
5. In dwelling groups, avoid lining up
groups of buildings in even rows. It is
better to locate buildings so they enclose
spaces and so that views from within
buildings are oriented to landscaped courts
or recreation areas.
6. In dwelling groups, avoid breaking
sites up into islands surrounded by driveway
or parking. Maintain continuity of people
spaces.
7. Windows and lighting should be
incorporated to insure adequate surveillance
opportunities. (Windows and lighting are
effective design tools for crime prevention.)
8. Adjoining uses and development
should be considered in site planning to
avoid conflicts between use activities.
9. On sloping terrain, recognize the
value of retaining existing land form to
enhance views, create interest and focus
attention.
10. On flat sites, variety in placement of
buildings, height or buildings and use of
mounding in landscape treatment should be
utilized to insure the development is more
in harmony with natural environment.
11. Significant trees and/or other unusual
natural features of a site should be
preserved and enhanced if possible.
12. Buildings should be oriented to take
advantage of natural energy-saving elements
such as the sun, landscape and land form.
13. Deciduous trees with early tree drop
and low, bare branch densities should be
utilized on the south side of buildings for
summer shade and winter warmth.
C. The Buildings
The design of a particular building is a
personal thing. Redmond has no particular
architectural heritage; so any attempt to
force a style of architecture would not be
appropriate. There are, however, certain
criteria for designing a building which
Title 20 106 (3/2/94)
should be followed as stated below:
1. If a particular architectural theme is
foil -owe -T. it should be carried out
completely in the design and not mixed with
conflicting themes.
2. Buildine materials and paint colors
should be compatible with the surrounding
area. Colors intended to attract attention to
the buildings shall be discouraged.
3. False front style of building design
should be avoided. A design scheme for a
building should be carried out throughout
the building, not iust on the street elevation.
4. Buildings should be designed, not
decorated. Add-on architectural features
should be discouraged.
5. When designing a place of residence
for people, those features of a building
which connote the feeling of protection,
warmth, privacy and individuality should be
retained.
20.118.030 Commercial development.
The important guideline for commercial
development is to create identity for the
particular business and to provide an
attractive and convenient place for
customers to shop or visit.
Most commercial areas in the Urban Area
are distinguished by a lack of unity in
design, signing, landscape treatment and
parking areas. Each development seems to
be conceived as if it has no relationship to
adioinine uses or buildings. The overall
effect is one of visual clutter.
The challenge is to foster a more unified,
compatible and designed environment.
The strip commercial areas lack adequate
landscape treatment and screening, and
have an over -abundance of signs, some of
which are poorly designed or garishly
painted. All this contributes to an
overwhelming sense of ugliness and clutter.
The general public desires to drive and
shop in attractive surroundings and they are
offended k a lack of taste shown in
commercial development. The greatest
offenders in this regard are "franchise"
0128-1gA
eating establishments and service stations.
In strip commercial areas, the high speed
of auto traffic creates a dulling effect on
sensory perception for the motorist. He
doesn't have time to read a sign or think
about what he sees, and the merchants' and
sign merchants' attempts to make it easier
for him only add to the clutter and
confusion.
The concern is the function and
appearance of the individual store as well as
the over-all commercial area.
The following guidelines apply to
commercial areas:
A. Off -Street Parking
1. Parking areas should be as near the
public entrances to the store served as
possible.
2. If the particular development has a
high parking requirement, effort should be
made to disperse the parking around the
building, emphasizing the importance of the
building and accessibility to store entrances.
Depression or screening of front parking
lots should be considered.
3. Parking areas should be landscaped,
especially with trees, so that these normally
hot areas can be made cooler and more
pleasant.
4. Separate pedestrian walks should be
provided in large parking lots so that once a
person leaves his auto, he will be free from
moving traffic.
B. Buildine Design
1. No specific style of architecture is
Presently sought for the Urban Area;
however, the designer is encouraeed to
determine an architectural theme and style
and follow it throueh completely in the
building itself and its accessory features.
2. The desien of a building should follow
accepted design principles; that is, building
elements must maintain a sense of
proportion, in scale with their surroundines,
and utilize building materials in a way
which is not contrary to the wav they are
found in nature.
3. A building designed on a theme which
Title 20 107 (3/2/94)
is largely motivated by a desire to have the
building "stand out in a crowd" because it is
outrageously gaudy or in poor taste shall
not be permitted.
4. Stock building plans, particularly
those used by chain or franchise stores may
not be acceptable. Because they represent a
national image does not mean that they are
acceptable to the Redmond Urban Area.
The merit of the particular design shall be
judged on its compliance with the above
criteria and may not be acceptable just
because that is the only design the applicant
has or uses.
5. Truck unloading areas or docks
should be located so that they are not
visible from the street or from the major
public entrance to the building.
6. Roof -mounted mechanical equipment
and vents must be screened so as not to be
visible from public areas.
7. Areas for trash collection must be
located away from public streets and store
entrances and shall be completely enclosed
with building material which is compatible
with those used in the exterior of the
building.
8. Historical Buildings. Rehabilitation
work should not destroy the distinguishing
qualities or character of the property and its
environment.
9. Downtown area commercial buildings
should have their primary orientation
toward the street rather than the parking
area and should be accessed from the street
and sidewalk.
10. Commercial buildings in
predominantly residential areas should
imitate building setbacks and front yard
landscaping patterns established by the
residential areas.
C. Building Design - In the "Strip
Commercial" Setting.
Strip commercial areas are really not
logical shopping areas because, to shop,
extensive use of the auto is required, which
when the point of maximum auto congestion
is reached, will deter business. With high
0128-1913
speed traffic, business identification
becomes difficult. We have extensive areas
where this has already developed, so we
must make the best of these adverse
conditions for development in the
established areas.
1. Buildings which clobber the eve of the
beholder do not solve the problem of
identification but only compound it. The
criteria established here is to design a
dignified and graceful building, one that is
attractive to the eve because of its design.
2. The use of stock plans, which
according to the company using them, are
mandatory in any community because they
are a part of a "national" image, may not
necessarily be compatible with the "image"
for a particular business enterprise.
3. Buildings should be as attractive at
night as they are in the daytime. Since
evening shopping is firmly established,
commercial developments are used and seen
as much at night as they are in the day.
4. The buildings should be designed with
the need for signing in mind; provide a
special place for signing in the design of the
building.
5. Areas for air conditioning and
mechanical equipment should be designed
into the buildings; roof -mounted equipment
and vents should be completely screened
from view by walls or materials which are a
part of the building design - not merely
"added on" for screening purposes.
D. Building Design in Shopping Centers
Shopping center development and CBD
development are encouraged in the
Redmond Urban Area as a better solution to
providing shopping facilities than strip
commercial development, and thus, in the
future, it is anticipated that more
development will take place in this area.
1. The important criteria for shopping
centers is unity in design of all the parts
and accessory uses that are apt to develop
there. Design of all facilities to be
developed in a shopping center should be
under the control of a single architect. This
Title 20 108 (3/2/94)
includes service station development, "chain"
supermarkets and the like.
2. The buildings in a center should be
"designed" with the need for signing in
mind. A space for signing shall be included
in the design of the building.
3. In the neighborhood centers, the
building design should reflect the residential
quality of the surrounding area.
4. Areas for air conditioning and
mechanical equipment should be designed
into the building: roof -mounted equipment
and vents should be completely screened
from view by walls or materials which are a
part of the building design -- not merely
"added on" for screening purposes.
E. Building Design in the Central
Business District
The Redmond Urban Area Comprehensive
Plan encourages intensive development in
the central business district. Therefore,
buildings will hopefully be of a different
character than used in other situations.
1. Building design, at the street level
should be sensitive to what the pedestrian,
at close range, can enjoy. A greater
attention to detail and a more pedestrian
scale to development should be utilized.
Design criteria should be for the enjoyment
of the shopper on foot as opposed to being
in his car.
2. A variety of building design is
encouraged, but careful study of the
character of the particular site and
surroundings should be made to insure
compatibility of appearance and function.
3. Design a space for signing into the
building -- signing not only for the motorist,
but for the pedestrian.
4. Areas for air conditioning and
mechanical equipment should be designed
into the building. Roof -mounted equipment
and vents should be completely screened
from view by walks or materials which are a
part of the building design -- not merely
"added on" for screening purposes.
F. Building Design for Automotive
Service Stations
The entrance to the service bays shall not
be open to the street but shall be so
designed to face the rear or interior side
property line.
G. Signs for Commercial Areas
In order to maintain the same level of
attention, signs have had to become more
aggressive, more numerous and more
ostentatious. In some areas of the urban
area they threaten to go, and in others have
already have gone, out of control, thus
defeating the purpose for which they were
created. It, therefore, becomes necessary to
reduce the destructive competition between
signs.
Probably the major contribution to sign
clutter where it exists in Redmond, is the
small add-on, paste-up, hang -down or stand-
up type signs, that business not directly
involved in a particular location use on
their customers' site. We speak of the
stamp signs, the charge account signs, the
soft drink signs, the if "you're always a
winner" game signs and plethora of other
products who want a little free advertising.
These signs do more to add to confusion
and clutter than do the main signs used to
advertise a particular business.
1. Signs and graphics should be
designed and located to be compatible with
surrounding developments and contribute to
a sense of community identity.
2. The sign or graphics should
successfully announce, inform and designate
the particular function or service.
3. Information and symbols on signs
should be simplified wherever possible.
Letters should be legible and functional.
4. Signs should be designed and located
with respect to driver safety.
S. Whenever possible, signs should be the
low level ground type.
20.118.040 Industrial development -Airport.
In the Redmond Urban Area Industrial
Zoning Districts a great deal of emphasis will
be placed on attractive buildings and grounds.
A. Building Desi
Title 20 109 (3/2/94)
1. Buildina materials should be selected
with regard to climate, soil and tonography
conditions, and maintenance factors.
2. The entrance should be located so it is
easily identified.
B. Site Plan
1. The site layout should efficiently
provide for the industry's functional needs.
2. Priority should be given to linkages
between sectors, emphasizing continuity
through the industrial area and the
opportunity to move from one part to another.
The linkage elements are the tangible
expression of truck, auto and pedestrian
orientation.
3. Special attention should be given to
prominent sites, especially those sites closing
vistas along the main arterials.
4. Buildings should be well oriented to
streets and interior private areas.
5. The land area should be well utilized,
providing a balanced development.
6. The site plan should carefully resolve
conflicts between pedestrian and vehicular
traffic.
C. Other
1. Consider providing outdoor lunch areas
for employees as a part of the landscape
program.
2. Activity areas should be buffered and
screened from adjacent residential and
commercial areas.
3. Poles, projections and appurtenance
should be incorporated into the overall desian
in an aesthetic and tasteful manner.
lc. Signs should be compatibly
incorporated into the overall project design.
20.118.050 All developments.
A. Traffic Circulation
1. Based on anticipated vehicular and
pedestrian traffic generation and the
standards and policies of the Comprehensive
Plan, adequate riaht of way and
improvements to streets, alleys. pedestrian
ways, bikeways and other ways are to be
provided by the development in order to
promote safety and reduce congestion. In lieu
U128 -13I'7
of actual construction of off-site
improvements, the Hearings Body may accent
waivers of remonstrance to the formation of a
local improvement district for the purpose of
providing the needed off-site improvements.
B. Landscape Areas
1. Plant materials should be selected and
located to deter sound, filter dust and
particles, curtail erosion, articulate space. give
privacy and lessen the effects of solar
radiation.
2. Landscaping in parkina areas should be
designed to lessen the visual dominance of
parking.
3. Landscaped areas should be protected
from vehicles.
4. Plants should be selected with regards
to climate and maintenance requirements.
5. Adequate means should be provided to
ensure continued landscaping maintenance.
Irrigation systems should be required, for all
landscape areas except those designated for
native vegetation.
6. All shrubs shall be at least two gallons
in size and all trees five gallons in size at the
time of planting.
7. A parking or loading area shall be
separated from any lot line adjacent to a
roadway by a landscaped strip at least ten
feet in width, and any lot line by a landscaped
strip at least five feet in width.
8. Large parking areas should be avoided
and should be broken up by landscaped
islands with tall, canopied trees.
9. Locate structures to reinforce treelines
with buildings in a way which produces an
interspersing of buildings and trees. This will
both mitigate the impact of structures and
allow the tree masses to help reinforce the
contrast.
10. Where possible, preserve all medium
size and larger trees. At present, these may
not appear significant, but they are an
invaluable resource for their ultimate
interspersement between buildings. The need
to joa around trees for some buildings will
add to the character of development.
11. Landscaping percentage requirements
Title 20 110 (3/2/94)
of the underlying zone are the minimum
required. At times additional landscaping
may be required to meet the criteria of this
title. In general, all areas which are not used
for building and parking areas are required to
be landscaped.
12. When a site's constraints limit the area
available for landscaping, street trees or other
landscaping within the public right of way
may be provided and considered as
landscaping on site.
13. Outdoor storage, and service areas
should be screened and buffered with
landscaping or site obscuring fencing.
14. Parking abutting a required landscaped
-yard should incorporate a sight obscuring
landscape screen into the required yard. The
screen should grow to be at least 3 feet higher
than the finished grade of the parking area,
except for required vision clearance areas.
The screen height may be achieved by a
combination of earth mounding and plant
materials.
15. Landscape areas should be planted with
shrubs, trees and or living ground cover to a
minimum of 50 percent vegetative cover.
16. Parking lot landscaping should be
protected from damage by a curb or secured
wheel guards to prevent vehicles from
entering into landscape areas.
C. Public Facilities and Services
1. Structures and public facilities serving
the site are to be designed and constructed in
accordance with county standards at a level
which will provide adequate fire protection
and protection from crime and accident, as
well as from hazardous conditions due to
inadequate, substandard or ill designed
developments.
2. All utilities shall be placed
underground.
3. Grading and contouring of the site
takes place and site surface drainage is
constructed so there is no adverse effect on
neighboring properties or public right of way.
4. For adequate dedication or reservation
of real property for public use, as well as
enumerate any right of entry for construction,
01.28 -IS -18
maintenance and future expansion of public
facilities and services shall be required to
protect the public from any potentially
deleterious effects resulting from the proposed
use, and to effect the implementation of the
standards and policies of the Comprehensive
Plan.
D. Street Tree Specifications
All development fronting on public or
private streets shall be required to plant
street trees in accordance with the following
standards.
1. Certain trees are prohibited because of
root damage to the sidewalk, clear vision
problems and fruit droppings. These include:
fir, cedar, willow, balm, poplar, nut, locust, all
fruit bearing species and cottonwood.
2. Trees chosen for the public right of way
shall be single stem, round, compact crown,
deciduous trees, free of fruit, thorns or other
harmful appendages. Trees that are tolerant
of extremes in weather, cultivation around the
root area, and pest and diseases are
recommended.
3. Tap root trees and surface root trees
should be avoided.
4. Trees should be chosen with a mature
height of no more than 30 feet and a
minimum branching clearance of 8 feet at
maturity.
5. The center of all trees shall be a
minimum of 18 inches from the face of the
street curb.
6. Street trees should be placed at the rate
of one tree for every 25 feet of street frontage.
Trees should be evenly spaced with variations
to the spacing permitted for specific site
limitations such as driveway approaches. All
tree spacing may be subject to special site
conditions which may, for reasons such as
safety, affect the decision.
7. Trees should not be planted closer than
25 feet from the curb line, intersections of the
streets or alleys and not closer than 10 feet
from private driveways, fire hydrants or utility
.poles.
8. Sidewalk cuts in concrete shall be at
least four feet by four feet.
Title 20 111 (3/2/94)
0128-1919
E. Parking
1. Avoid long, linear street -like parking
areas. Disperse parking in separate smaller
areas. Locate parking areas so that they can
be bypassed unnoticeable from streets and
Pedestrian ways.
2. Parkin% loading and delivery areas
should be designed to avoid driving winds and
rain, as well as excessive afternoon sun
exposure.
3. Loading and delivery areas should be
separated from employee and customer
parking.
4. Insure that parking spaces and backup
areas are adequate.
F. Other
1. Outside mechanical equipment shall be
screened.
(Ord. 94-013 § 1, 1994)
Title 20 112 (3/2/94)
Chapter 20.120 [ARTICLE VII]
NONCONFORMING USES
Sections:
use.
20.120.010
Nonconforming uses -
Continuation of a
20.120.050
nonconforming use or
20.120.060
structure.
20.120.020
Discontinuance of a
nonconforming use.
20.120.030
Change of a nonconforming
20.120.101 [Section 8.010]. Nonconforming
uses -Continuation of a nonconforming use or
structure.
Subject to the provisions of this article, a
nonconforming use or structure existing prior
to the effective date of this title [Ordinance]
may be continued and maintained in
reasonable repair. A structure conforming
with respect to use but nonconforming with
respect to height, setback or coverage may be
altered or extended if the alteration or
extension does not further deviate from the
standards of this title [Ordinance]. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.120.020[Section 8.020]. Discontinuance of
a nonconforming use.
[1]A. If a nonconforming use involving a
structure is discontinued for a period of one
year, further use of the property shall conform
to this title [Ordinance], except that previous
residential use may be resumed as a
conditional use pursuant to Chanter 20.116
[Article VII].
[2]B. If a nonconforming use not involving
a structure is discontinued for a period of one
year, further use of the property shall conform
0128-1929
to this title [Ordinance]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.120.030[Section 8.030]. Change of a
nonconforming use.
If a nonconforming use is replaced by
another use, the new use shall conform to this
title [Ordinance]. (Ord. 94-013 § 1,1994; Ord.
80-201, 1980)
20.120.040[ Section 8.0401. Destruction of a
nonconforming use.
If a nonconforming structure or a structure
containing a nonconforming use is destroyed
by any cause to an extent exceeding 60
percent of fair market value as indicated by
the records of the County Assessor, a future
structure or use on the site shall conform to
this title [Ordinance]. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.120.050[Section 8.0501. Alterations and
repairs.
[1AA. Alteration of a nonconforming use
may be permitted to reasonably continue the
use. Alteration of any such use shall be
permitted when necessary to comply with any
lawful requirement for alteration in the use.
[2]B. Any proposal for the alteration of a
use under Section [1]A, except an alteration
necessary to comply with a lawful
requirement, shall be considered subject to
Title 22 [Article M of the Ordinance]. As
used in this Section, "Alteration" of a
nonconforming use includes:
[A]1. A change in the use of no greater
adverse impact to the neighborhood.
[B]2. A change in the structure or physical
improvements of no greater adverse impact to
the neighborhood. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.120.060[Section 8.0601. Nonconforming
construction.
Nothing in this title [Ordinance] shall
require any change in plan, construction,
alteration or designated use of a structure for
which a building permit has been issued and
Title 20 113 (3/2/94)
use.
20.120.040
Destruction of a
nonconforming use.
20.120.050
Alterations and repairs.
20.120.060
Nonconforming construction.
20.120.070
Nonconforming lots of record.
20.120.101 [Section 8.010]. Nonconforming
uses -Continuation of a nonconforming use or
structure.
Subject to the provisions of this article, a
nonconforming use or structure existing prior
to the effective date of this title [Ordinance]
may be continued and maintained in
reasonable repair. A structure conforming
with respect to use but nonconforming with
respect to height, setback or coverage may be
altered or extended if the alteration or
extension does not further deviate from the
standards of this title [Ordinance]. (Ord. 94-
013 § 1, 1994; Ord. 80-201, 1980)
20.120.020[Section 8.020]. Discontinuance of
a nonconforming use.
[1]A. If a nonconforming use involving a
structure is discontinued for a period of one
year, further use of the property shall conform
to this title [Ordinance], except that previous
residential use may be resumed as a
conditional use pursuant to Chanter 20.116
[Article VII].
[2]B. If a nonconforming use not involving
a structure is discontinued for a period of one
year, further use of the property shall conform
0128-1929
to this title [Ordinance]. (Ord. 94-013 § 1,
1994; Ord. 80-201, 1980)
20.120.030[Section 8.030]. Change of a
nonconforming use.
If a nonconforming use is replaced by
another use, the new use shall conform to this
title [Ordinance]. (Ord. 94-013 § 1,1994; Ord.
80-201, 1980)
20.120.040[ Section 8.0401. Destruction of a
nonconforming use.
If a nonconforming structure or a structure
containing a nonconforming use is destroyed
by any cause to an extent exceeding 60
percent of fair market value as indicated by
the records of the County Assessor, a future
structure or use on the site shall conform to
this title [Ordinance]. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.120.050[Section 8.0501. Alterations and
repairs.
[1AA. Alteration of a nonconforming use
may be permitted to reasonably continue the
use. Alteration of any such use shall be
permitted when necessary to comply with any
lawful requirement for alteration in the use.
[2]B. Any proposal for the alteration of a
use under Section [1]A, except an alteration
necessary to comply with a lawful
requirement, shall be considered subject to
Title 22 [Article M of the Ordinance]. As
used in this Section, "Alteration" of a
nonconforming use includes:
[A]1. A change in the use of no greater
adverse impact to the neighborhood.
[B]2. A change in the structure or physical
improvements of no greater adverse impact to
the neighborhood. (Ord. 94-013 § 1, 1994;
Ord. 80-201, 1980)
20.120.060[Section 8.0601. Nonconforming
construction.
Nothing in this title [Ordinance] shall
require any change in plan, construction,
alteration or designated use of a structure for
which a building permit has been issued and
Title 20 113 (3/2/94)
U12g-1921
construction has commenced prior to the
adoption of this title [Ordinance] provided the
structure, if nonconforming or intended for a
nonconforming use, is completed and in use
within two years from the time the permit is
issued. (Ord. 94-013 § 1, 1994; Ord. 80-201,
1980)
20.120.070[ Section 8.070].Nonconforming lots
of record.
Any lot which is smaller than the minimum
area required in any zone may be occupied by
an allowed use in that zone provided that:
[1]A. The lot was a lot in a duly platted
and recorded subdivision on or before the
date of this title [Ordinance], or was a parcel
created by an approved land partitioning prior
to such date.
[2]B. The use conforms to all other
requirements of that zone.
[3]C. If there is an area deficiency,
residential use shall be limited to a single
dwelling unit. (Ord. 94-013 § 1,1994; Ord. 80-
201,1980)
Title 20 114 (3/2/94)
Chapter 20.124[ARTICLE IX]
VARIANCES
Sections:
20.124.010 Authorization to grantor deny
20.124.010[Section 9.010]. Authorization to
grant or deny variances.
The Hearings Body, except as provided for
in Section 20.124.030 [9.020, the Planning
Commission] may authorize variances from
the standards of this title [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 title [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 authorized within
the pertinent district, or to alter any
procedural requirements of this title
[Ordinance]. In granting a variance, the
Hearings Body [Planning Commission] may
attach conditions found necessary to protect
the best interest of the surrounding property
or neighborhood and to otherwise achieve the
purposes of this title [Ordinance]. (Ord. 94-
013 § 1,1994; Ord. 81-041 § 1,1981; Ord. 80-
201,1980)
20.124.020[Section 9.014 Criteria.
No variance shall be granted pursuant to the
provisions of Section 20.124.010 [9.010] unless
the applicant can establish:
0128.1912
A. That special conditions exist which are
peculiar to the land, structure or building
involved and which are not applicable to other
lands, buildings or structures in the same
district.
B. That strict interpretation of the
provisions of this title [Ordinance] would
deprive the applicant of rights commonly
enjoyed by other properties in the same
district under the terms of this title
[Ordinance].
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 inconvenience.
D. That granting the variance will be in
harmony with the objectives of this title
[Ordinance] and not injurious to the
neighborhood or otherwise detrimental to the
public welfare. (Ord. 94-013 § 1, 1994; Ord.
81-041 § 1, 1981)
20.124.030[Section 9.020]. Authorization to
grant or deny variances to on-site
requirements.
The Hearings Body [Planning Director or, if
the variance is reviewed in conjunction with
site plan review, the Site and Design Review
Committee] may authorize a variance from
the standards of this title [Ordinance] relating
to on-site requirements (e.g. yards, parking
signs, etc.). Provided, however, that no
variance under this section shall be greater
than 25 percent of the requirement from
which the variance is sought. (Ord. 94-013 §
1, 1994; Ord. 81-041 § 1, 1981; Ord. 81-007 §
31; Ord. 80-201, 1980)
20.124.040[Section 9.025]. C r i t e r i a f o r
variances granted under section
20.124.030[9.020].
[1]A. In the case of a yard variance, the
applicant shall show the approval will result
in:
[A]l. more efficient use of the site;
[BL2. preservation of natural features,
where appropriate;
Title 20 115 (3/2/94)
variances.
20.124.020
Criteria.
20.124.030
Authorization to grant or deny
variances to on-site
requirements.
20.124.040
Criteria for variances granted
under section 20.124.030.
20.124.050
Application for a variance.
20.124.060
Time limits on approval of a
variance.
20.124.070
Notification of action.
20.124.010[Section 9.010]. Authorization to
grant or deny variances.
The Hearings Body, except as provided for
in Section 20.124.030 [9.020, the Planning
Commission] may authorize variances from
the standards of this title [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 title [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 authorized within
the pertinent district, or to alter any
procedural requirements of this title
[Ordinance]. In granting a variance, the
Hearings Body [Planning Commission] may
attach conditions found necessary to protect
the best interest of the surrounding property
or neighborhood and to otherwise achieve the
purposes of this title [Ordinance]. (Ord. 94-
013 § 1,1994; Ord. 81-041 § 1,1981; Ord. 80-
201,1980)
20.124.020[Section 9.014 Criteria.
No variance shall be granted pursuant to the
provisions of Section 20.124.010 [9.010] unless
the applicant can establish:
0128.1912
A. That special conditions exist which are
peculiar to the land, structure or building
involved and which are not applicable to other
lands, buildings or structures in the same
district.
B. That strict interpretation of the
provisions of this title [Ordinance] would
deprive the applicant of rights commonly
enjoyed by other properties in the same
district under the terms of this title
[Ordinance].
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 inconvenience.
D. That granting the variance will be in
harmony with the objectives of this title
[Ordinance] and not injurious to the
neighborhood or otherwise detrimental to the
public welfare. (Ord. 94-013 § 1, 1994; Ord.
81-041 § 1, 1981)
20.124.030[Section 9.020]. Authorization to
grant or deny variances to on-site
requirements.
The Hearings Body [Planning Director or, if
the variance is reviewed in conjunction with
site plan review, the Site and Design Review
Committee] may authorize a variance from
the standards of this title [Ordinance] relating
to on-site requirements (e.g. yards, parking
signs, etc.). Provided, however, that no
variance under this section shall be greater
than 25 percent of the requirement from
which the variance is sought. (Ord. 94-013 §
1, 1994; Ord. 81-041 § 1, 1981; Ord. 81-007 §
31; Ord. 80-201, 1980)
20.124.040[Section 9.025]. C r i t e r i a f o r
variances granted under section
20.124.030[9.020].
[1]A. In the case of a yard variance, the
applicant shall show the approval will result
in:
[A]l. more efficient use of the site;
[BL2. preservation of natural features,
where appropriate;
Title 20 115 (3/2/94)
[C]3. adequate provision of light, air and
privacy to adjoining properties; and
[D]4. adequate access.
[2]B. In the case of a variance to the
dimensional standards for off-street parking
spaces or the minimum required number of
off-street parking spaces, the applicant shall
show that approval will provide adequate off-
street parking in relation to user demands.
The following factors may be considered in
granting such an exception:
[A]l. Special characteristics of users which
indicate low demand for off-street parking
(e.g. low income, elderly);
[B]2. Opportunities for joint use of nearby
off-street parking facilities;
[C]3. Availability of public transit; and
[D]4. Natural features of the site
(topography, vegetation and drainage) which
would be adversely affect by application of
required parking standards.
[3. In the case of a variance to the
dimensional standards for signs, the applicant
shall show that approval is necessary for
adequate identification of the use on the
property and will be compatible with the
elements of the design review plan, with the
character of the surrounding area and with the
provisions of the Comprehensive Plan.]
C[4]. For variances to other on-site
requirements of 25 percent or less, the
applicant shall show that approval of the
variance will be consistent with the overall
objectives of the Comprehensive Plan and
zoning ordinance, where applicable, and that
the variance will have a minimal adverse
impact on the liveability, value or
development of abutting properties and the
surrounding area. (Ord. 94-013 § 1,1994; Ord.
81-041 § 1, 1981)
20.124.050[Section 9.030]. Application for a
variance.
A property owner may initiate a [requrest]
request for a variance by filing an application
with the Planning Director using forms
prescribed in Title 22 [Article M]. The
application shall be accompanied by a plan,
0�� R8 -19243
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 Title 22 [Article M of
this Ordinance. Or, if in conjunction with site
plan review, in the manner provided for in the
Site and Design Review Ordinance]. (Ord.
94-013 § 1, 1994; Ord. 81-041 § 1, 1981; Ord.
81-007 § 32, 1981; Ord. 80-201, 1980)
20.124.060[ Section 9.0351. Time limits on
approval of a variance.
Authorization of a variance shall be void
after 12 months or after such time less than 12
months as may be specified as a condition of
approval unless, when appropriate, a building
permit has been issued and substantial
construction has taken place. (Ord. 94-013 § 1,
1994; Ord. 81-041 § 1, 1981)
20.124.070[Section 9.040]. Notification of
action.
Within five days after a decision has been
rendered on a request for a variance, the
Planning Director shall provide the applicant
with written notice of the action. (Ord. 94-013
§ 1, 1994; Ord. 81-041 § 1, 1981; Ord. 81-007
§ 33; Ord. 80-201, 1980)
Title 20 116 (3/2/94)
Chanter 20.128[ARTICLE X]
AMENDMENTS
Sections:
20.128.010
Authorization to initiate
amendments.
20.128.020
Zone -Plan Map Amendments.
20.128.030
Criteria for map amendments.
20.128.040
Tentative approval.
20.128.050
Map change.
20.128.060
Limitations on reapplications.
20.128.010[Section 10.010]. Authorization to
initiate amendments.
An amendment to the text of this title
[Ordinance] or to a zoning or plan map may
be initiated by either the Board, Planning
Commission or a property owner. A property
owner may initiate a request for an
amendment by filing an application with the
Planning Director [using the form(s)
prescribed by Article XI]. (Ord. 94-013 § 1,
1994; Ord. 81-041 § 1, 1981; Ord. 80-201,
1980)
20.128.020[Section 10.020]. Zone -Plan map
amendments.
The Hearings O[o]fficer shall, within 45 days
after filing of a petition by a property owner
for a zone change/plan amendment with the
Planning Director, hold a public hearing in
accordance with the provisions of Title 22
[Article XI]. Prior to said hearing, the
Planning Director shall refer the proposed
amendment to the Planning Commission for
their review and a recommendation. The
recommendation of the Commission shall be
made a part of the record at the hearing.
(Ord. 94-013 § 1, 1994; Ord. 81-041 § 1, 1981;
Ord. 80-201, 1980)
20.128.030[ Section 10.030]. Criteria for map
amendments.
The burden of proof is upon the applicant.
The applicant shall show the proposed change
0128-1920 4
is:
11AA. In conformity with all applicable
state statutes;
[2]B. In conformity with the state-wide
planning goals whenever they are determined
to be applicable;
[3]C. In conformity with the [Redmond]
Comprehensive Plan, land use ordinances and
policies; and
[4]D. That there is a change of
circumstances or further studies justifying the
amendment or a mistake in the original
zoning. (Ord. 94-013 § 1,1994; Ord. 81-041 §
1, 1981; Ord. 80-201, 1980)
20.128.040[Section 10.040]. T e n t a t i v e
approval.
Based on the facts presented at the hearing
and the recommendation of the Planning
Commission, if the Hearings Officer
determines that the applicant has met all
applicable criteria for the proposed change,
the Hearings Officer shall give tentative
approval of the proposed change. Such
approval shall include any conditions,
stipulations or limitations which the Hearings
Officer determines to be necessary to meet
the criteria. An appeal of the Hearings
Officer's decision shall be effected in the
manner provided for in Title 22 [Article XI].
Upon completion of the hearings process, the
Board shall, by order, effect the zone
reclassification of the property. Provided,
however, if the applicant fails to abide by the
conditions attached to the rezoning, the Board
may at a later date rezone the affected
property to its original zoning by order. (Ord.
94-013 § 1, 1994; Ord. 81-041 § 1, 1981)
20.128.050 May amendment procedure.
If a may chance is initiated by the Planning
Commission or Board, or if an amendment to
the text of this title is to be considered, the
Board shall hold a public hearing on the
proposed change. Notice of the hearing shall
be published in a newspaper of general
circulation in the county the week prior to the
hearing. Before establishing a map change,
Title 20 117 (3/2/94)
0128-1905
Ko
the Board shall make findings that the
proposed change meets the criteria set forth
in Section 20.128.030. Any change affected
under this section shall be by ordinance.
(Ord. 94-013 § 1. 1994)
20.128.060[Section 10.050]. Limitations on
reapplications.
No application of a property owner for an
amendment to the text of this title
[Ordinance] or to the zoning map shall be
considered by the Hearings Officer within the
six-month period immediately following a
previous denial application, if, in the opinion
of the Hearings Officer, new evidence or a
change [or] of circumstances warrant it.
However, the Hearings Officer may permit a
new application. (Ord. 94-013 § 1, 1994; Ord.
81-041 § 1, 1981)
Title 20 118 (3/2/94)
[ARTICLE M
ADMINISTRATIVE PROVISIONS
[Section 11.010. FORM OF PETITIONS,
APPLICATIONS AND APPEALS.
Petitions, applications and appeals provided
for in this Ordinance shall be made on forms
prescribed by the county. Applications shall
be accompanied by plans and specifications,
drawn to scale, showing the actual shape and
dimensions of the lot to be built upon; the
size and locations on the lot of all exiting and
proposed structures; the intended use of each
structure; the number of families, if any, to be
accommodated thereon; the relationship of
the property to the surrounding area and such
other information as is needed to determine
conformance with this Ordinance. (Ord. 80-
201, 1980)]
[Section 11.020. HEARINGS.
Public hearings shall be as prescribed in
Ordinance No. 82-011.]
[1. Definitions. As used in this Article, the
following words and phrases shall mean:
A. Applicant. A person, corporation,
partnership or agent applying for a land use
permit. The applicant must have legal or
equitable interest in all real property for
which the land use permit is sought.
B. Application for Land Use Permit. A
written application on a form provided by the
Planning Department requesting zone change,
change in the nonconforming use; conditional
use, variance, planned unit development,
major land partition, subdivision, or
amendment to the Comprehensive Plan.
C. Board. The Board of County
Commissioners of Deschutes County, Oregon.
D. Contested Case. Proceeding in which
the legal rights, duties or privileges of specific
parties under county land use ordinances are
required to be determined only after a hearing
at which specific parties are entitled to appear
and be heard. This may include other matter
0128--19�o
designated as contested cases by order of the
governing body.
E. Governing Body. The Board of County
Commissioners of Deschutes County, Oregon.
F. Government Agengy. Any municipal
corporation, district, authority, political
subdivision or agency of the State of Oregon
or of the United States, other than the
Planning Commission, with which the
governing body is required by law to
coordinate its land use actions.
G. Hearin . A quasi judicial hearing
conducted by the Hearings Officer, Planning
Commission or the Board to determine if a
contested land use application is to be granted
or denied.
H. Hearin. The Hearings Officer,
Planning Commission or governing body.
I. Land Use Action. Any action involving
an application for a land use permit.
J. Pte. Any person who has standing to
be heard under Section 7.
K. Permit. Discretionary approval of a
proposed use of land, which approval is
required by a land use ordinance or Oregon
statute.
L. Person. An individual, firm,
partnership, corporation, company,
association, syndicate or any legal entity,
including any trustee, receiver, assignee or
other similar representative.
M. Planning Commission. The Redmond
Urban Area Planning Commission.
[2. Application of Ordinance. The
following shall be conducted in accordance
with this Section:
A. All land use applications for a quasi-
judicial plan amendment, zone change,
planned unit development, major land
partition, subdivision, conditional use, change
in a nonconforming use, and variance.
B. All land use contested cases.
C. All appeals to the Planning Commission
or Board.]
P. Applications and Staff Reports.
A. Within twenty-five (25) days prior to the
date of the initial hearing of an application for
a land use permit, the Planning Department
Title 20 119 (3/2/94)
shall render a staff report setting forth its
findings and recommendations, if any, and
setting the time of the initial hearing.
B. A copy of the staff report shall be
mailed or otherwise delivered to the applicant,
to the hearings body and to persons
requesting the same who shall pay a
reasonable fee for the costs of the duplication,
mailing and administrative overhead.
C. The applicant shall reply in writing to
the findings and recommendations set forth in
said report, citing exceptions, if any, and the
reasons therefore, no later than ten (10) days
before the date of the initial hearing.
D. A copy of the applicant's reply shall be
mailed or delivered to the staff and hearings
body, and to persons requesting the same who
shall pay a reasonable fee for the costs of the
duplication, mailing, and administrative
overhead.]
[4. Notice of Hearin.
A. At least ten (10) days prior to said
hearing, written notice shall be sent by mail to
the following persons:
i. The applicant and his designated
representative.
ii. All property owners of record, as shown
on the official maps of the Deschutes County
Tax Assessor, within 250 feet which is the
subject of the application. Whenever a larger
notification area is provided for by ordinance,
statute or regulation, it shall be controlling.
iii. Applications for rezoning, subdivisions
and the plan amendments shall require notice
to property owners within 250 feet of the
subject property.
iv. The failure of a property owner to
receive mailed notice shall not invalidate any
land use actions if a good faith effort was
made to give notice required by this Section.
The date of mailing shall be considered the
date of notice.
v. A larger zone of notification may be
reasonably required by the Planning Director
on a case-by-case basis.
B. Contents of Notice. All notices
prepared pursuant to this Ordinance shall
contain:
0128-192'7
i. The date, time and place of the hearing.
ii. A legal description and a facsimile of
the Tax Assessor's official map, noting the
subject property.
iii. The nature of the proposed action.
iv. A statement that all parties may appear
and be heard.
C. Published and Posted Notice.
i. In addition to notice by mail, notice of a
hearing shall be published in a newspaper of
general circulation in the city at last ten (10)
days prior to the hearing.
ii. Notice shall also be posted at the
Redmond City Hall.]
[5. Burden of Proof. The burden of proof
is upon the applicant.]
[6. Nature of Evidence.
A. All evidence not objected to may be
received unless excluded by the hearings body.
B. All evidence offered and received shall
be made a part of the record of the case and,
except for the facts which are noticed, no
other factual information or evidence shall be
considered in the determination of the issue.
Documentary evidence may be received in the
form of copies or excerpts, or by incorporation
by reference.
C. Every parry shall have the right of cross-
examination of witnesses who testify and shall
have the right to submit rebuttal evidence.
Other participants permitted to testify or
present evidence shall have such rights as are
determined by the hearings body.]
[7. Standing. The following persons are
affected parties and shall be entitled to appear
of record either by themselves or through
their designated representatives at a hearing.
A. All persons entitled to personal notice
by mail.
B. Acommunity planning organization duly
certified by the Board.
C. Any person who demonstrates to the
hearings body that his legal rights are affected
by the outcome of the hearing.
D. Any person within reasonably close
proximity to the property that is the subject of
a hearing who demonstrates to the hearings
body that he could sustain economic or
Title 20 120 (3/2/94)
aesthetic injury as a result of a proposed land
use action.]
[8. Determination of Standing. Whenever
possible, the matter of the standing of any
person shall be determined prior to a hearing
before the hearings body. Where a question
of standing arises during a hearing, the
hearings body may determine the issue of
standing at that time or may continue the
hearing until the issue of standing is resolved.]
[9. Record.
A. A verbatim record of the hearing shall
be made by written or mechanical means.
The hearings body shall keep minutes of its
proceedings.
B. All physical and documentary evidence
presented shall be marked to show the identity
of the person offering the evidence and
whether presented on behalf of the proponent
or opponent. Evidence may be received
subject to a later ruling as to its admissibility.
C. All exhibits received shall be retained by
the hearings body until after the applicable
appeal period has expired. The exhibits shall
then be released upon demand to the person
identified thereon upon receipt of an
acceptable facsimile thereof.
D. The Planning Department shall
permanently file and retain the verbatim
record and all exhibits and documentary
evidence received.]
[10. Challenge for Bias, Prejudgment or
Personal Interest.
A. Prior to or at the commencement of a
hearing, any parry may challenge the
qualifications of the hearings body or a
member thereof for bias, prejudgment, or
personal interest. The challenge shall be
documented with specific reasons supported
by facts.
B. No member of a hearings body shall
participate in a hearing, except under the rule
of necessity, if:
i. He has a direct or substantial financial
interest in the subject of the hearing;
ii. He is related to the applicant or
opponent in the manner provided for in ORS
227.035;
iii. He is in business with the applicant;
iv. He cannot be impartial because of pre -
hearing contacts;
v. For any other reason he determines
affects his impartiality.
C. Should the qualifications of the hearing
body be challenged, it or the member
challenged shall either disqualify itself;
withdraw or make a statement of its capacity
to hear, which statement shall be a part of the
record.]
[11. Prohibition of Pre -hearing Contacts.
The hearings body shall not communicate
directly or indirectly with any party, as defined
in Section 7, or his representative in
connection with any material issue involved in
a hearing except upon notice and opportunity
for all parties to participate.]
[12. Hearing Procedure.
A. A hearing shall be conducted in the
following order, or in such other manner as
may be ordered by the hearings body, so long
as the parties are provided a reasonable
opportunity to present their cases:
i. The hearings body shall explain the
purpose of the hearing and announce the
order of proceedings, including reasonable
time limits on presentations by parties.
ii. A statement by the hearings body
regarding pre -hearing contacts, bias, prejudice
or personal interest shall be made.
iii. Challenges to the hearings body's
qualifications to hear the matter shall be
stated.
iv. Order of presentation:
a. Staff Report.
b. Applicant's proposal.
c. Those in favor.
d. Those in opposition.
e. Applicant's rebuttal.
f. Questions addressed to the chair may be
asked after each of the preceding steps.
v. Close of Hearing and Deliberation. The
hearings body shall either make its decision
and state the findings of fact or continue
deliberation to a subsequent date, the time
and date of which shall be announced. No
additional testimony or evidence shall be
Title 20 121 (3/2/94)
taken after closing of the hearing.
vi. All decisions shall be based on and
include findings of fact and conclusions of law
supported by the record.
B. Objections to Jurisdiction, Procedure,
Notice, Qualifications.
i. Any objections to lack of jurisdiction,
failure to follow procedural requirements,
failure to give proper notice or objections to
the qualifications of the hearings body shall be
made in writing not later than ten days prior
to the date of the hearing, unless such
objections arise during the course of the
hearing itself. All such objections shall be in
writing if possible and shall state in detail the
grounds of the objection.
ii. When an objection is raised to matters
contained in Section 12(B)(1) the objection
may be heard in accordance with the
procedures of Section VIII of this Article.
C. Limitation on Oral Presentations. The
hearings body may set reasonable time limits
for oral presentations. Parties may submit,
prior to the hearing, such relevant and
material evidence in writing as is necessary to
support their position.
D. Oath or Affirmation. The hearings
body may place any person submitting
testimony under oath or affirmation.]
[12.1 Procedure. Except as provided in
subsection 12, the rules of parliamentary law
and practice as compiled in Robert's Rules of
Order shall govern where they are applicable.]
[13. Reapplication Limited. If a specific
application is denied, no reapplication for
substantially the same proposal may be made
for six months following the date of the final
decision.]
[13.1 Decisions. All parties to the
proceedings shall be notified by the Hearings
Officer, Commission or Board by mail
provided, however, the failure of a party to
receive notice of the decision shall not
invalidate any land use action if a good faith
effort was made to give notice of the
decision.]
[14. Review by the Board of County
Commissioners.
0128-1929
A. A review of the Planning Commission's
or Hearings Officer's decision maybe initiated
by the Board.
B. The review shall be ordered within 15
days of the date of the final written decision
of the Planning Commission or Hearings
Officer.
C. A review hearing shall be conducted in
the same manner provided for in appeals.]
[15. Anneal.
A. The decision of the Planning
Commission or Hearings Officer shall be final
unless a notice of appeal is received by the
Planning Director within 15 days following the
date of the final written determination by the
hearings body.
B. Any affected or aggrieved party may file
a notice of appeal.
C. Notice of Appeal. Every notice of
appeal shall contain:
i. A statement of the petitioner
establishing standing to appeal.
ii. A reference to the application sought to
be reviewed, including the date of the final
decision of the hearings body.
iii. The specific grounds relied upon for
appeal.
iv. A statement showing how the hearings
body erred in its decision.
D. Notice of Hearing on Appeal.
i. Published notice of the hearing and a
record of the proceedings on review shall be
the same as required for an initial hearing.
ii. If the hearing is to be held de novo
pursuant to 15 (F), notice of such fact shall
also be given.
iii. Except as provided by subsection (iv) of
this Section, the review of the initial hearing
shall be confined to the record of the
proceeding below, which shall include:
a. All materials submitted and considered
by the hearings body as evidence;
b. The tape recording and the minutes of
the hearings, or a transcript of the hearing if
requested by the reviewing body;
c. A transcript of the hearing if requested
and paid for by the appellant;
d. The decision of the hearings body and
Title 20 122 (3/2/94)
the notice of appeal.
E. De Novo Review With the Record.
i. A party may request de novo review
with the record by filing a written motion with
the Board within 15 days following the date of
the final written determination by the hearings
body. The motion shall state the reasons for
the requested de novo hearing on the record.
ii. The Board may grant or deny the
motion for a de novo with the record hearing.
If the motion is granted, a hearing shall be set
in accordance with Section 15(D).
iii. A de novo hearing with the record shall
be conducted in the following manner:
a. The Board shall accept the record from
the hearings body below.
b. The party seeking review shall present
the new evidence.
c. The opposing parry shall be given an
opportunity to present rebuttal to the new
evidence presented.
F. De Novo Review.
a. A party may request a de novo hearing
by filing a written motion with the Board
within 15 days following the date of the final
written determination by the Planning
Commission or Hearings Officer as set forth
in Section 15. The motion shall state the
reasons for the requested de novo hearing,
and why the applicant had no prior
opportunity to present the evidence sought to
be introduced at the de novo hearing.
b. The Board may grant or deny the
motion for a de novo hearing. If the motion
is granted, a hearing date shall be set no
sooner than 14 days following the granting of
the motion. Notice of the de novo hearing
shall be mailed to individuals within the
notification area of the original application,
shall be published in a newspaper of general
circulation in the City of Redmond; and those
individuals who have established standing at
the time of the initial hearing. All notices
shall be mailed or published no later than ten
days prior to the de novo hearing date.
c. The Board may, if it deems it
appropriate, deny the request for a do novo
hearing and order a de novo hearing with the
0128-1533
record as provided for in subsection 15(e).
d. A de novo hearing on review shall be
conducted in conformance with Section 12.
G. The Board may affirm, reverse or
amend the action taken at the initial hearing.
The matter may be remanded back to the
Planning Commission for further review or
information.
H. The Board's decision shall become final
on the thirtieth day following the date of the
final written determination, unless a rehearing
is made pursuant to Section 16.]
[16. Rehearing by the Board. The Board
may hear a matter on its own motion or upon
petition of an affected or aggrieved parry
pursuant to this Section.
a. A motion for rehearing shall be made,
if at all, within 14 days after the Board's
decision.
b. At the meeting at which the Board
determines to rehear the matter, it shall set
the time and place for each rehearing which
shall not be later than 21 days from the date
of the decision upon first review.
c. A rehearing may be heard in any
manner provided for in the first review, except
that all new evidence and testimony
introduced at the first review shall also be
included in the record.
d. No action shall be reheard more than
once. (Ord. 86-031 § 1, 1986; Ord. 81-041 §§
10-19, 1981; Ord. 81-007 § 34, 1981; Ord. 80-
201, 1980)]
[Section 11.030. APPEALS.
Appeals shall be as prescribed in Ordinance
No. 82-011. (Ord. Ord. 86-031 § 2,1986; Ord.
80-201, 1980)]
[Section 11.050. EXCEPTIONS TO
HEARINGS.
1. The Planning Director or designee shall
have the authority to grant relief up to 25
percent for on-site development requirements
(e.g. setbacks), administratively if:
a. A properly completed variance and
petition is filed on forms provided by the
Planning Department; and
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b. The petition is signed by all property
owners within sixty (60) feet of the subject
property, or their authorized representatives;
or
c. The petition is signed by the abutting
property owner to the property line which is
the subject of the variance and notice is sent
by the Planning Department to all other
property owners within sixty feet of the subject
property and no remonstrances are received
within ten (10) days of the mailing by the
Planning Department;
d. The variance does not result in a
setback of less than five (5) feet.
3. If any remonstrance is received
regarding the matter or a proper petition is
not filed, an application for a partition shall
be referred to the Hearings Officer for a
public hearing and an additional application
fee shall be charged. An application for a
variance shall be referred to the Planning
Commission.
5. Decision. In the notice sent under
Sections (1) and (2), the Planning Director
shall indicate that the decision shall be posted
at the Planning Department for 15 days
following the date of the decision. (Ord. 81-
041 § 20-22, 1981; Ord. 81-007 § 35, 1981;
[Section 11.070. FILING FEES.
An application required by this Ordinance
shall be accompanied by a filing fee. (Ord. 80-
228 § 3, 1980; Ord. 80-201, 1980)]
[Section 11.080. REVOCATION.
The Planning Commission or Board may
revoke or modify any permit granted under
the provisions of this Ordinance on any one or
more of the following grounds:
1. A permit may be revoked on the basis
of fraud, concealment or misrepresentation or
on the basis of wrong information given to the
Planning Commission or Board at a public
hearing.
2. A permit may be revoked on the basis
that the use for which such permit was
granted is not being exercised within the time
limit set forth by the Planning Commission or
01ti8-1931
Board or this Ordinance.
3. A permit may be revoked on the basis
that the use for which such permit was
granted has ceased to exist or has been
suspended for one year or more.
4. A permit may be revoked or modified
on the basis that the permit granted is being
or recently has been exercised contrary to the
terms or conditions of such approval or in
violation of any statute, code, resolution, law
or regulation.
5. A permit may be revoked or modified
on the basis that the use for which the permit
was granted was so exercised as to be
detrimental to the public health, safety or
welfare or in such a manner as to constitute a
nuisance.
6. Any permit granted pursuant to this
Ordinance shall become null and void if not
exercised within the time period specified in
the permit or within one year from the date of
approval of said permit.
7. The Planning Commission or Board
shall hold a public hearing on any proposed
revocation after giving written notice to the
permittee and other affected persons as set
forth in this Ordinance. The Planning
Commission or Board shall render its decision
within 45 days after the conclusion of the
hearing. In the case where the permittee is
not satisfied with the action of the Planning
Commission, he may appeal the decision to
the Board in the manner provided in Section
11.020 of this Ordinance. (Ord. 80-228 § 3,
1980; Ord. 80-201, 1980)]
[Section 11.090. MAXIMUM TIME LIMIT
ON A PERMIT FOR A CONDITIONAL
USE, VARIANCE OR A ZONE CHANGE.
Authorization of a conditional use, a
variance or a zone change shall be void after
12 months or as otherwise set forth in this
Ordinance, unless substantial construction has
taken place. (Ord. 80-228 § 3, 1980; Ord. 80-
201, 1980)]
(Article XI, deleted by Ord. 94-013)
Title 20 124 (3/2/94)
Chanter 20.132[ARTICLE XII]
GENERAL PROVISIONS
Sections:
20.132.010 Severability.
20.132.020 Enforcement.
20.132.030 Corrections.
20.132.040 Enactment -Emergency
declared.
20.132.010[ Section 12.010]. Severability.
The provisions of this title [Ordinance] are
severable. If any section, sentence, clause or
phrase of this title [Ordinance] is adjudged by
a court of competent jurisdiction to be invalid,
the decision shall not a[e]ffect the validity of
the remaining portions of the title
[Ordinance].. (Ord. 94-013 § 1, 1994; Ord. 80-
201,1980)
[Section 12.030. REMEDIES.
In case a building or other structure is or is
proposed to be located, constructed,
maintained, repaired, altered or used or any
land is or is proposed to be used in violation
of this Ordinance, the Board of County
Commissioners or a person whose interest in
real property in the county is or may be
affected by the violation may, in addition to
other remedies provided by law, institute
injunction, mandamus abatement or other
appropriate proceedings to prevent,
temporarily or permanently enjoin, abate or
remove the unlawful location, construction,
maintenance, repair, alteration or use. When
a temporary restraining order is granted in a
suit instituted by a person who is not exempt
from furnishing bonds or undertakings under
state law, the person shall furnish an
undertaking as provided in ORS 32.010 to
32.060. (Ord. 80-201, 1980)]
[Section 12.040. VIOLATION DECLARED
A NUISANCE.
The location, erection, construction,
0r)
1" �3 ?
maintenance, repair, alteration or use of a
building or structure or the subdivision,
partitioning or other use of land in violation
of this Ordinance is declared a nuisance.
(Ord. 80-201, 1980)]
[Section 12.050. INFRACTIONS.
The location, erection, construction,
maintenancy, 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 Ordinance is a Class A
infraction. (Ord. 83-0311, 1983; Ord. 80-201,
1980)]
[Section 12.060. REPEAL.
Deschutes County Zoning Ordinance PL -5
and all amendments thereto are hereby
repealed. (Ord. 80-201, 1980)]
[Section 12.070. REPEAL OF
ORDINANCES AS AFFECTINGEXISTING
LIABILITIES.
The repeal of any ordinance by this
ordinance shall not release or extinguish any
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 penalty, forfeiture
or liability. (Ord. 80-201, 1980)]
(Deleted by Ord. 94-013)
20.132.020 Enforcement.
A. Administration. It shall be the duty of
the Board or an authorized representative to
enforce the provisions of this title pertaining
to land use and to the construction, erection,
location or enlargement of any structure
located within the Redmond Urban Area
under the jurisdiction of this title.
B. Building Permits. No permit shall be
issued by the building official for the
construction, erection, location or
enlargement or change of use of a building,
Title 20 125 (3/2/94)
structure or lot that does not conform to the
requirements of this title.
C. Authority. Whenever necessary to
enforce the provisions of this title, the Board
or an authorized representative shall have
recourse to every remedy provided by law.
D. Violation of this title as a nuisance.
The construction, erection, location,
enlargement or use or chance in use or uses
of any structure or property in violation of
this ordinance of those conditions and
limitations approved pursuant to the
provisions of this title shall be deemed a
nuisance and may be enjoined, abated, or
removed.
E. Revocation for False Statement. The
Hearings Body may revoke any permit
granted pursuant to the provisions of this
title, if it is determined that the permit was
issued on account of false statements
contained in the application form or false
representations made at a public hearing.
F. Revocation for Nonconformance. The
Hearings Body may revoke any permit
granted pursuant to the provisions to this
title for failure to comply with those
conditions and limitations placed upon the
exercise of the permit.
G. Revocation Hearing. No permit shall be
revoked without a public hearing held
pursuant to the provisions of Title 22.
H. Who May Request Revocation Hearing,
A revocation hearing shall be held by the
Hearings Body at the request of an interested
person when it has reasonable cause to
believe that the provisions of this title have
been violated. (Ord. 94-013 § 1, 1994)
Title 20 126 (3/2/94)