1994-23995-Ordinance No. 94-008 Recorded 6/10/199494-23995
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending Chapter 18 of
the Deschutes County Code, the Deschutes
County Zoning Ordinance, Regarding Horse
Facilities and Declaring an Emergency.
ORDINANCE NO. 94-008
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,:,,,PRBQON
ORDAINS AS FOLLOWS:
Section 1. Section 18.04.030, "Definitions," of the
Deschutes County Code is amended to amend the definition of "farm
use" to read as follows:
"Farm Use. The current employment of the land for the primary
purpose of obtaining a profit in money by raising, harvesting
and selling crops or by the feeding, breeding, management and
sale of, or the produce 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 human and animal use and disposal by marketing
or otherwise. "Farm Use" also includes the current employment
of land for the primary purpose of obtaining a profit in money
by stabling or training equine. Farm use also includes the
propagation, cultivation, maintenance and harvesting of
aquatic species. Farm use does not include the use of land
subject to the provisions of ORS Chapter 321, except land used
exclusively for growing cultured Christmas trees."
Section 2. Section 18.04.030, "Definitions," of the
Deschutes County Code is amended to add the following new
definition:
"Agricultural Use. Any use of land, whether for profit or
not, related to raising, harvesting and selling crops or by
the feeding, breeding, management and sale of, or the produce
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 not specifically covered elsewhere in the
applicable zone. Agricultural use includes the preparation
and storage of the products raised on such land for human and
animal use and disposal by marketing or otherwise.
Agricultural use also includes the propagation, cultivation,
maintenance and harvesting of aquatic species. Agricultural
use does not include the use of land subject to the provisions
of ORS Chapter 321, except land used exclusively for growing
cultured Christmas trees."
KEY
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Section 3. Section 18.04.030, "Definitions," of the
Deschutes County Code is amended to add the following new
definition:
"Horse Events. Means any exhibition or competition involving
horses whose purpose is to test and/or advance the skills of
a horse and/or its rider, such as but not limited to horse
shows, schooling events, horse training seminars or clinics,
open houses, cutting competitions, rodeos or jackpot roping
contests."
Section 4. Section 18.04.030, "Definitions," of the
Deschutes County Code is amended to add the following new
definition:
"Horse Stables. Structures, including indoor and outdoor
riding arenas, for the stabling or training of horses and
other facilities normally associated with such uses."
Section 5. Section 18.04.030, "Definitions," of the
Deschutes County Code is amended to add the following new
definition:
"Horse Stables, Commercial. Stables for the boarding and/or
keeping of horses and the training of horses that are not non-
commercial riding stables as defined in this title."
Section 6. Section 18.04.030, "Definitions," of the
Deschutes County Code is amended to add the following new
definition:
"Horse Stable, Non -Commercial. A detached accessory structure
for the stabling or training of horses owned by the land owner
or a single lessee of the stable facility for personal use.
May also include the incidental boarding or keeping of up to
5 horses owned by persons not the owner or lessee of the horse
stable for their personal use."
Section 7. Section 18.04.030, "Definitions," of the
Deschutes County Code is amended to add the following new
definition:
"Stabling or training equines. As used in the definition of
"farm use" means the use of land involving the pasturing,
keeping, boarding, management or training of horses. For the
purposes of this definition, horse events, as defined herein
are deemed to be an incident of training."
Section 8. Section 18.04.030, "Definitions," is amended to
delete the definitions entitled "Stables, Private," "Stables,
Public."
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0135-2090
Section 9. Section 18.16.030, "EFU Zones - Conditional Uses
Permitted," is amended to read as follows:
"18.16.030 Conditional Uses Permitted.
The following uses may be allowed in the Exclusive Farm
Use Zones subject to applicable provisions of the
Comprehensive Plan, sections 18.16.040 and 18.16.050 and other
applicable sections of this title.
A. Dwellings customarily provided in conjunction with
farm use (farm -related dwellings).
B. Manufactured home as a secondary accessory farm
dwelling.
C. Pre-existing dwelling as a ranch hand residence.
D. Non-farm dwelling and accessory uses thereto.
E. Residential homes, as defined in section 18.04.030
of this title, in existing dwellings.
F. Commercial activities that are in conjunction with
farm use. The commercial activity shall be associated with a
farm use occurring on the parcel where the commercial use is
proposed. The commercial activity may use, process, store or
market farm products produced in Deschutes County or an
adjoining county.
G. Operations conducted for exploration, mining and
processing of geothermal resources as defined by ORS 522.005;
exploration and extraction of natural gas or oil; and surface
mining mineral and aggregate resources exclusively for on-site
personal, farm or forest use or in conjunction with
maintenance for irrigation canals.
H. Homestead retention when the entire parcel has been
under single ownership for at least the preceding 10
consecutive years and the parcel occupies not less than 320
acres. This use will permit the owner to convey the parcel
but retain a leasehold interest in the residence and the land
underlying the residence up to a maximum of five acres. In no
case shall another residence be constructed elsewhere on the
parcel except in conformance with the terms of this chapter.
The leasehold interest shall extend throughout the lifetimes
of the seller and his or her spouse.
I. Private parks, playgrounds, hunting and fishing
preserves and campgrounds.
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J. Parks, playgrounds or community centers owned and
operated by a governmental agency or a non-profit community
organization.
K. Golf courses.
L. Utility facilities necessary for public service and
commercial utility facilities for the purpose of generating
power for public use by sale.
M. Personal use landing strip for airplanes and
helicopter pad, including associated hangar, maintenance and
service facilities. A personal use airport as used in this
section means an airstrip restricted, except for aircraft
emergencies, to use by the owner and, on an infrequent and
occasional basis, by invited guests and by commercial aviation
activities in connection with agricultural operations. No
aircraft may be based on a personal -use airport other than
those owned or controlled by the owner of the airstrip.
Exceptions to the activities permitted under this definition
may be granted through waiver action by the Aeronautics
Division in specific instances. A personal use airport
lawfully existing as of September 1, 1975, shall continue to
be permitted subject to any applicable regulations of the
Oregon Aeronautics Division.
N. Home occupations carried on by residents as an
accessory use within their dwelling or other residential
accessory building.
0. A facility for the primary processing of forest
products. Such a facility may be approved for a one-year
period which is renewable. These facilities are intended to
be portable or temporary in nature. The primary processing of
a forest product, as used in this section, means the use of a
portable chipper or stud mill or other similar method of
initial treatment of a forest product in order to enable its
shipment to market. Forest products, as used in this section,
means timber grown upon a parcel of land or contiguous land
where the primary processing facility is located.
[P. The boarding, breeding and training of horses for
profit.]
[Q]P. Hydroelectric facility, in accordance with
Sections 18.116.130 and 18.128.040(V).
[R]Q. Dog kennels. (Ord. 90-018 § 1, 1990)
[S]R. Storage, crushing and processing of minerals,
including the processing of aggregate into asphaltic concrete
or portland cement concrete when such uses are in conjunction
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with the maintenance or construction of public roads or
highways.
[T]S. A site for the disposal of solid waste approved
by the governing body of a city or county and for which a
permit has been granted under ORS 459.245 by the Department of
Environmental Quality.
[U]T. One manufactured home in conjunction with an
existing dwelling as a temporary use for the term of a
hardship suffered by the existing resident or a relative of
the resident.
[V]U. Church. (Ord. 91-038 S 2, 1991)
[W]V. Public or private school, including all
buildings essential to the operation of such a school.
[X]W. Construction of additional passing and travel
lanes requiring the acquisition of right-of-way, but not
resulting in the creation of new land parcels.
[Y]X. Reconstruction or modification of public roads
and highways involving the removal or displacement of
buildings, but not resulting in the creation of new land
parcels.
[Z]Y. Improvement of public roads and highway -related
facilities such as maintenance yards, weigh stations and rest
areas where additional property or right-of-way is required,
but not resulting in the creation of new land parcels.
[AA]Z. The propagation, cultivation, maintenance and
harvesting of aquatic species.
[BB]AA. Bed and breakfast inns.
[CC]BB. Excavation, grading and fill and removal within
the bed and banks of a stream or river or in a wetland.
[DD]CC. Cemeteries in conjunction with churches.
[EE]DD. Living history museums."
Section 10. Section 18.32.020, "MUA-10 - Uses Permitted
Outright," is amended to read as follows:
"18.32.020 Use Permitted Outright.
The following uses and their accessory uses are permitted
outright:
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A. [Farm] Agricultural uses as defined in this title.
B. A single family dwelling, or a manufactured home
subject to Section 18.116.070.
C. Propogation or harvesting of a forest product.
D. Class I and II road or street project subject to
approval as part of a land partition, subdivision or subject
to the standards and criteria established by Section
18.116.230.
E. Class III road or street project.
F. Non-commercial horse stables, excluding horse
events.
G. Horse events, including associated structures,
involving:
(1) Fewer than 10 riders;
(2 ) 10 to 25 riders, no more than two times per
month on non-consecutive days; or
(3) More than 25 riders, no more than two times
per year on non-consecutive days.
Incidental musical programs are not included in this
definition. Overnight stays by participants, trainers or
spectators in RVs on the premises is not an incident of such
horse events."
Section 11. Section 18.32.030, "MUA-10 - Uses Conditionally
Allowed," is amended to read as follows:
"18.32.030 Conditional Uses Permitted.
The following uses may be allowed subject to Chapter
18.128 of this title: (Ord. 93-001 S 2, 1993; Ord. 91-038 S 1,
1991).
A. Public use.
B. Semi-public use.
C. Commercial activities in conjunction with farm use.
The commercial activity shall be associated with a farm use
occuring on the parcel where the commercial use is proposed.
The commercial activity may use, process, store or market farm
products produced in Deschutes County or an adjoining county.
PAGE 6 - ORDINANCE NO. 94-008 (6/8/94)
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D. Dude Ranch.
E. Kennel or animal hospital.
F. Guest house.
G. Manufactured home as a secondary accessory farm
dwelling, subject to the requirements set forth in Section
18.116.070. (Ord. 91-005 S 19, 1991).
H. Exploration for minerals. (Ord. 91-002 S 7, 1991;
Ord. 90-014 S 27, 1990).
I. Private parks, playgrounds, hunting and fishing pre-
serves, campgrounds, motorcycle tracks[, rodeo or livestock
arenas] and other recreational uses.
J. Personal use landing strip for airplanes and
helicopter pads, including associated hangar, maintenance and
service facilities. No aircraft may be based on a personal -
use landing strip other than those owned or controlled by the
owner of the airstrip. Exceptions to the activities permitted
under this definition may be granted through waiver action by
the Aeronautics Division in specific instances. A personal
use landing strip lawfully existing as of September 1, 1975,
shall continue to be permitted subject to any applicable
regulations of the Aeronautics Division. (Ord. 91-038 § 1,
1991; Ord. 91-020 S 1, 1991).
K. Golf courses.
L. Home occupations. (Ord. 91-020 § 1, 1991).
M. A facility for primary processing of forest prod-
ucts, provided that such facility is found to not seriously
interfere with accepted farming practices and is compatible
with farm uses described in ORS 215.203(2). Such a facility
may be approved for one-year period which is renewable. These
facilities are intended to be only portable or temporary in
nature. The primary processing of a forest product, as used
in this section, means the use of a portable chipper or stud
mill or other similar method of initial treatment of a forest
product in order to enable its shipment to market. Forest
products, as used in this section, means timber grown upon a
parcel of land or contiguous land where the primary processing
facility is located.
N. Destination resorts.
0. Planned developments.
P. Cluster developments.
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Q. Landfills when a written tentative approval by the
Department of Environmental Quality (DEQ) of the site is
submitted with the conditional use application.
R. Time-share unit or the creation thereof. (Ord. 83-
033 § 2, 1983).
S. Hydroelectric facility, subject to Sections 18.11-
6.130 and 18.128.040(V). (Ord. 86-018 § 7, 1986).
T. Storage, crushing and processing of minerals,
including the processing of aggregate into asphaltic concrete
or portland cement concrete, when such uses are in conjunction
with the maintenance or construction of public roads or
highways. (Ord. 90-014 § 35, 1990).
U. Bed and breakfast inn. (Ord. 91-038 § 1, 1991).
V. Excavation, grading and fill and removal within the
bed and banks of a stream or river or in a wetland subject to
Sections 18.120.050 and 18.128.040(W). (Ord. 91-038 § 1,
1991).
W. Churches, subject to Chapter 18.124 and Section
18.128.040(D) of this Code.
X. Private or Public Schools, including all buildings
essential to the operation of such a school.
Y. Utility facility necessary to serve the area subject
to the provisions of Chapter 18.124 of this code. (Ord. 93-
001 § 1, 1993)
Z. Cemetery, mausoleum or crematorium. (Ord. 93-043 §
4, 4A, 4B, 1993)
AA. Commercial horse stables.
BB. Horse events, including associated structures, not
allowed as a permitted use in this zone."
Section 12. Section 18.60.020, "RR -10 - Uses Permitted
Outright," is amended to read as follows:
"18.60.020 Uses Permitted Outright.
The following uses and their accessory uses are permitted
outright.
A. A single-family dwelling, or a manufactured home
subject to Section 18.116.070.
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B. Utility facilities necessary to serve the area
including energy facilities, water supply and treatment and
sewage disposal and treatment.
C. Community center, if shown and approved on the
original plan or plat of the development.
D. [Farm] Agricultural use as defined in this title
[ORS 215.203(2)].
E. Class I and II road or street project subject to
approval as part of a land partition, subdivision or subject
to the standards and criteria established by Section
18.116.230.
F. Class III road or street project.
G. Non-commercial horse stables as defined in this
title, excluding horse events.
H. Horse events, including associated structures,
involving:
(1) Fewer than 10 riders;
(2 ) 10 to 25 riders, no more than two times per
month on non-consecutive days; or
(3) More than 25 riders, no more than two times
per year on non-consecutive days.
Incidental musical programs are not included in this
definition. Overnight stays by participants, trainers or
spectators in RVs on the premises is not an incident of such
horse events."
Section 13. Section 18.60.030, 11RR-10 - Conditional Uses
Permitted," is amended to read as follows:
"18.60.030 Conditional Uses Permitted.
The following uses may be allowed subject to Chapter
18.128 of this title:
A. Public park, school, playground, recreation facility
or community center owned and operated by a government agency
or nonprofit community organization.
B. Dude ranch.
C. Home occupation.
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D. Personal use landing strip for airplanes and
helicopter pads, including associated hangar, maintenance and
service facilities. A personal use landing strip as used in
this section means an airstrip restricted, except for aircraft
emergencies, to use by the owner and, on an infrequent and
occasional basis, by invited guests. No aircraft may be based
on a personal use landing strip other than those owned or
controlled by the owner of the airstrip. Exceptions to the
activities permitted under this definition may be granted
through waiver action by the Aeronautics Division in specific
instances. A personal use landing strip lawfully existing as
of September 1, 1975, shall continue to be permitted subject
to any applicable regulations of the Aeronautics Division.
E. Planned development.
F. Cluster development.
G. Recreation -oriented facility requiring large acreage
such as [a rodeo grounds,] off-road vehicle track or race
track, but not including a rodeo grounds.
H. Landfill when a written tentative approval by
Department of Environmental Quality (DEQ) of the site is
submitted with the application.
I. Cemetery.
J. Time-share unit or the creation thereof.
K. Hydroelectric facility, subject to sections
18.116.130 and 18.128.040(V).
L. Bed and breakfast inn.
M. Golf course.
N. Excavation, grading and fill and removal within the
bed and banks of a stream or river or in a wetland subject to
sections 18.120.050 and 18.128.040(W).
0. Church.
P. Public uses.
R. Semi-public uses.
S. Commercial horse stables."
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0135-2098
Section 14. Section 18.124.030, "Site Plan Review - Approval
Required," is amended to read as follows:
"18.124.030 Approval Required.
A. No building, grading, parking, land use, sign or
other required permit shall be issued for a use subject to
this section, nor shall such a use be commenced, enlarged,
altered or changed until a final site plan is approved
according to Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance. (Ord 86-032, Sec. 1 1986)
B. The provisions of this section shall apply to the
following:
a. All conditional use permits where a site plan is
a condition of approval;
b. Multiple family dwellings with more than three
units;
C. All commercial uses that require parking
facilities;
d. All industrial uses;
e. All other uses that serve the general public or
that otherwise require parking facilities, including, but
not limited to, landfills, schools, utility facilities,
churches, community buildings, cemeteries, mausoleums,
crematories, airports, parks and recreation facilities
and livestock sales yards; and
f. As specified for Landscape Management Combining
Zones (LM), Flood Plain Zones (FP) and Surface Mining
Impact Area Combining Zones (SMIA).
C. The provisions of this section shall not apply to
uses involving the stabling and training of equine in the EFU
zone, non-commercial stables and horse events not requiring a
conditional use permit.
D[C]. Non-compliance with a final approved site plan
shall be a zoning ordinance violation.
E[D]. As a condition of approval of any action not
included in subsection (B) of this section, the Planning
Director or Hearings Body may require site plan approval prior
to the issuance of any permits."
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Section 15. Subsection E of Section 18.128.040, "Conditional
Use - Special Use standards," is amended to read as follows:
"E. Clinics, clubs, lodges, fraternal organizations,
community centers, grange halls, golf courses, horse stables
and horse events requiring conditional uses, grounds and
buildings for games or sports, country clubs, swimming,
boating, tennis clubs and similar activities, government
structures and land uses, parks, playgrounds. In considering
the above, the Planning Director or Hearings Body may
authorize the conditional use after it has been determined
that the following will be provided:
a. Access from principal streets subject to
Deschutes County Public Works Department standards.
b. Off-street parking subject to Section
18.116.030.
C. Building and site design provisions, including
landscaping, that will effectively screen neighboring
uses from noise and glare."
Section 16. Section 18.16.070, "EFU - Yards," is amended to
read as follows:
"18.16.070 Yards.
A. The front yard shall be 40 feet from a property line
fronting on a local street, 60 feet from a property line
fronting on a collector and 100 feet from a property line
fronting on an arterial.
B. Each side yard shall be a minimum of 25 feet, except
that for nonfarm dwellings propsed on parcels or lots with
side yards adjacent to a property currently employed in farm
use, the side yard shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except
that for nonfarm dwellings proposed on parcels or lots with
rear yards adjacent to a property currently employed in farm
use, the rear yard shall be a minimum of 100 feet.
D. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
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Section 17. Section 18.32.050, "MUA 10 - Yards," is amended
to read as follows:
"18.32.050 Yards.
A. The front yard setback from the property line shall
be a minimum of 100 feet if such line is adjacent to an
intensive agricultural use; otherwise, the front yard shall be
20 feet for property fronting on a local street right-of-way,
30 feet from a property line fronting on a collector right-of-
way, and 80 feet from an arterial right-of-way unless other
provisions for combining accesses are provided and approved by
the county.
B. Each side yard shall be a minimum of 20 feet, except
on the street side, which shall be a minimum of 30 feet. For
parcels or lots created before November 1, 1979, which are
one-half (1/2) acre or less in size, the side yard setback may
be reduced to a minimum of 10 feet. For parcels or lots
adjacent to an intensive agricultural use, the adjacent side
yard shall be a minimum of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except
when parcels or lots have rear yards adjacent to an intensive
agricultural use, rear yards shall be a minimum of 100 feet.
D. The setback from the north lot line shall meet the
solar setback requirements in Section 18.116.180.
E. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
Section 18. Section 18.36.100, "F-1 Zone - Yards and
Setbacks," is amended to read as follows:
"18.36.100 Yards and Setbacks.
A. The front yard setback shall be 40 feet from a
property line fronting on a local street, 60 feet from a
property line fronting on a collector and 100 feet from a
property line fronting on an arterial.
B. Each side yard setback shall be a minimum of 25
feet, except a parcel or lot with a side yard adjacent to
zoned forest land shall have a minimum side yard of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except
parcels or lots with rear yards adjacent to zoned forest land
shall have a minimum rear yard of 100 feet.
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D. The setback from the north lot line shall meet the
solar setback requirements in Section 18.116.180 of this
title.
E. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
Section 19. Section 18.40.100, "F-2 Zone - Yards and
Setbacks," is amended to read as follows:
"18.40.100 Yards and Setbacks.
A. The front yard setback shall be 40 feet from a
property line fronting on a local street, 60 feet from a
property line fronting on a collector and 100 feet from a
property line fronting on an arterial.
B. Each side yard setback shall be a minimum of 25
feet, except a parcel or lot with a side yard adjacent to
zoned forest land shall have a minimum side yard of 100 feet.
C. Rear yards shall be a minimum of 25 feet, except
parcels or lots with rear yards adjacent to zoned forest land
shall have a minimum rear yard of 100 feet.
D. The setback from the north lot line shall meet the
solar setback requirements in section 18.116.180 of this
title.
E. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
Section 20. Section 18.52.090, "SM Zone - Minimum Use
Setbacks," is amended to read as follows:
"18.52.090 Minimum Use Setbacks.
A. Except as otherwise provided in this section, all
surface mining activities and uses, including structures,
shall be located and conducted at least 250 feet from a noise -
sensitive or dust -sensitive use or structure. Exceptions to
this standard shall be allowed for the following:
a. Access roads approved as part of site plan
review.
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b. Dwellings located on the parcel on which the
surface mining is to occur, including replacements or
expansions thereof.
C. Pursuant to a written agreement for a lesser
setback made between the owner of the noise -sensitive or
dust -sensitive use or structure located within 250 feet
of the proposed surface mining activity and the owner or
operator of the proposed surface mine. Such agreement
shall be notarized and recorded in the Deschutes County
Book of Records and shall run with the land. Such
agreement shall be submitted and considered at the time
of site plan review or site plan modification.
B. Storage and processing of mineral and aggregate
material, and storage of operational equipment which creates
noise and dust, shall not be allowed closer than one-quarter
mile from any noise or dust -sensitive use or structure
existing on the effective date of Ordinance No. 90-014, unless
the applicant demonstrates that:
a. Due to the parcel size, topography, existing
vegetation or location of conflicting uses or resources,
there is no on-site location for the storage and
processing of material or storage of equipment which will
have less noise or dust impact; and
b. All noise control and air quality standards of
this title can be met by the proposed use for which the
exception is requested.
C. Additional setbacks may be determined as part of the
site reclamation review process. Additional setbacks also may
be required by DOGAMI.
D. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
Section 21. Section 18.60.040, "RR -10 Zone - Yard and Setback
Requirements," is amended to read as follows:
"18.60.040 Yard and Setback Requirements.
In an RR -10 Zone, the following yard and setbacks shall
be maintained.
A. The front setback shall be a minimum of 20 feet from
a property line fronting on a local street right-of-way, 30
feet from a property line fronting on a collector right-of-way
and 50 feet from an arterial right-of-way.
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B. There shall be a minimum side yard of 10 feet for
all uses, except on the street side of a corner lot the side
yard shall be 20 feet.
C. The minimum rear yard shall be 20 feet.
D. The setback from the north lot line shall meet the
solar setback requirements in section 18.116.180.
E. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
Section 22. Section 18.64.080, "RSC Zone - Yards," is amended
to read as follows:
"18.64.080 Yards.
A. The minimum front yard shall be 20 feet.
B. The minimum side yard shall be 10 feet, except on
the street side of a corner lot it shall be 20 feet.
C. The minimum rear yard shall be 20 feet.
D. The setback from the north lot line shall meet the
solar setback requirements in section 18.116.180.
E. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
Section 23. Section 18.68.080, "RSR -M Zone - Yards," is
amended to read as follows:
"18.68.080 Yards.
A. The minimum front yard shall be 20 feet.
B. The minimum side yard shall be 10 feet, except on
the street side of a corner lot, it shall be 20 feet.
C. The minimum rear yard shall be 20 feet.
D. The setback from the north lot line shall meet the
solar setback requirements in section 18.116.180.
E. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
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0135-2104
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
Section 24. Section 18.76.050, "A -D Zone - Dimensional
Standards," is amended to read as follows:
"18.76.050 Dimensional Standards.
In an A -D zone, the following dimensional standards shall
apply:
A. The minimum lot size not in a planned unit
development or subdivision shall be five acres, except that in
conjunction with a specific use application, a lot size of not
less than 20 acres may be approved where there is a showing
that the lot requested is the maximum necessary for the use
and reasonably expected future expansion of the use. The lot
size in a planned unit development or subdivision shall
average at least 20 acres.
B. Lot coverage shall not exceed 70 percent by all
buildings, storage areas and facilities and required
off-street parking and loading areas.
C. The minimum setback between any structure and an
arterial right-of-way shall be 100 feet. The minimum setback
of a non-residential structure from a collector right-of-way
shall be 50 feet, and from all local streets the minimum
setback shall be 20 feet.
D. The minimum lot frontage shall be 330 feet, except
that the minimum lot frontage in a planned unit development or
subdivision shall be 100 feet.
E. The minimum side and rear setback between any
structure and a property line shall be 50 feet.
F. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
Section 25. Section 18.96.090, "FP Zone - Yard and Setback
Requirements," is amended to read as follows:
"18.96.090 Yard and Setback Requirements.
In an FP Zone, the following yard and setback
requirements shall be maintained:
A. The front setback shall be a minimum of 20 feet from
a property line fronting on a local street, 30 feet from a
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0135-2105
property line fronting on a collector and 50 feet from an
arterial.
B. There shall be a minimum side yard of 10 feet for
all uses.
C. The minimum rear yard shall be 20 feet.
D. The setback from a north lot line shall meet the
solar setback requirements in section 18.116.180.
E . The minimum yard setback for a non-farm use from the
property line adjacent to a farm use not owned by the
applicant shall be 100 feet.
F. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
Section 26. Section 18.100.050, "R -I Zone - Dimensional
Standards," is amended to read as follows:
"18.100.050 Dimensional Standards.
In an R -I Zone, the following dimensional standards shall
apply:
A. The minimum lot size shall be determined subject to
the provisions of this section relative to setback
requirements, off-street parking and loading, and as deemed
necessary by the Planning Director or Hearings Body to
maintain air, water and land resource quality and to protect
adjoining and area land uses.
B. No use permitted by this section that is located
adjacent to or across the street from a residential use or lot
in a platted subdivision residential zone shall exceed 70
percent lot coverage by all buildings, storage areas or
facilities and required off-street parking and loading area.
C. The minimum building setback between a structure and
a street, road or railroad right-of-way line shall be 50 feet
unless a greater setback is required for compliance with
Comprehensive Plan policies.
D. The minimum setback between a structure and a
property line adjoining a residential lot or use shall be 50
feet.
E. The minimum setback between a structure and an
existing use shall be three feet from the property line and at
PAGE 18 - ORDINANCE NO. 94-008 (6/8/94)
0135-2.06
least six feet from a structure on the adjoining property.
F. The maximum building height for any structure shall
be 25 feet on any lot adjacent to or across a street from a
residential use or lot and 45 feet on any other lot.
G. The minimum lot frontage shall be 50 feet.
H. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
Section 27. Section 18.104.050, "R&D Zone - Dimensional
Standards," is amended to read as follows:
"18.104.050 Dimensional Standards.
In an R&D Zone, the following dimensional standards shall
apply:
A. The minimum lot size shall be determined subject to
the provisions of this section relative to setback
requirements, off-street parking and loading, and as deemed
necessary by the Planning Director or Hearings Body, to
maintain air, water and land resource quality and to protect
adjoining and area land uses.
B. No use which is located adjacent to or across a
street from a residential use or lot in a platted subdivision
or residential zone shall exceed more than 70 percent lot
coverage by all buildings, storage areas or facilities, and
required off-street parking and loading areas.
C. The minimum building setback between a structure and
a street, road or railroad right-of-way line shall be 50 feet
unless a greater setback is required for compliance with
Comprehensive Plan policies.
D. The minimum setback between a structure and a
property line adjoining a residential lot or use in a platted
subdivision or residential zone shall be 50 feet.
E. The minimum setback between a structure and an
existing use shall be three feet from the property line and
six feet from a structure on the adjoining property.
F. The maximum building height shall be 25 feet on any
lot adjacent to or across the street from a residential use or
lot in a platted subdivision or residential zone and 45 feet
on any other lot.
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0135-21107
G. The minimum lot frontage shall be 50 feet.
H. The setback from the north lot line shall meet the
solar setback requirements in Section 18.116.180.
I. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
Section 28. Section 18.48.050, "OS&C Zone - Setbacks," is
amended to read as follows:
"18.48.050 Setbacks
A. Minimum setbacks shall be 60 feet from an arterial
or collector street or raod right-of-way and 20 feet from a
street within a platted and recorded subdivision.
B. The setback from a perennial stream or lake ordinary
high water mark shall be a minimum of 200 feet shall be a
minimum of 200 feet, and from an intermittent stream channel,
100 feet.
C. Each side setback shall be a minimum of 15 feet,
excpet on a corner lot it shall be 30 feet from the street
side.
D. The setback from the north lot line shall meet the
solar setback requirements in Section 18.116.180.
E. Rimrock Setback. Setbacks from rimrock shall be as
provided in Section 18.116.160.
F. In addition to the setbacks set forth herein, any
greater setbacks required by applicable building or structural
codes adopted by the State of Oregon and/or the County under
Chapter 15.04 of this title shall be met."
Section 29. Effect on Existing Uses.
Land Uses. (1) Any existing use of land for the stabling or
training of equines, for commercial or non-commercial stables or
for horse events, as those terms are used herein, for which a
permit was required under previous ordinances, for which a permit
was issued under previous ordinances or that were not authorized
under previous ordinances, shall be permitted by operation of law
if such uses comply with the provisions of this ordinance. Where
this ordinance would require that such uses have conditional use
approval and such uses do not have such approval, such approval
shall be required, unless and only to the extent that such existing
uses constitute valid non -conforming uses. (2) Any valid use of
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0135-2108
land existing on the date of this ordinance for equestrian uses not
recognized by this ordinance may continue if and only to the extent
that such use constitutes a valid non -conforming uses.
Building Permits. Nothing in this ordinance shall be
construed to legitimize the status of any structure with regard to
whether such structure is in compliance with applicable structural
or building codes or permitting requirements.
Section 30. Codification. County Legal Counsel shall have
the authority to format the provisions contained herein in a manner
that will integrate them into the County Code consistent with the
Legal Counsel's form and style for ordinance codification. Such
codification shall include the authority to make format changes, to
make changes in numbering systems and to make such numbering
changes consistent with interrelated code sections. In addition,
as part of codification of these ordinances, County Counsel may
insert appropriate legislative history references. Any legislative
history references included herein are not adopted as part of the
substance of this ordinance, but are included for administrative
convenience and as a reference. They may be changed to correct
errors and to conform to proper style without action of the Board
of County Commissioners.
Section 31. Severability. The provisions of this ordinance
are severable. If any section, sentence, clause, or phrase of this
ordinance or any exhibit thereto is adjudged to be invalid by a
court of competent jurisdiction, that decision shall not affect the
validity of the remaining portions of this ordinance or any exhibit
thereto.
Section 32. 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 eL-h day of June, 1994.
A(71'ES
Recording Secretary
RD OF COUNTY CO SSIONERS
DESCHUCOUNTY OREGON
al`.
PO SC" E , Chair
ROOP, issioner
e"�/
BARRY
PAGE 21 - ORDINANCE NO. 94-008 (6/8/94)
ssioner