1995-22945-Ordinance No. 95-050 Recorded 6/29/1995REVIEWED
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9522945 LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
r. �.31
An Ordinance Amending Titles 181, 19
and 20 of the Deschutes County Code * r.
and PL -17 for Consiot+enby with Title * "
22 of the Deschutes `County Code and.
Declaring an Emergency. * AA
ORDINANCE NO. 95-050
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Amendments to Title 18
County Zoning Ordinance
Section 1. Section 18.108.060(A), "Application - Amendment of a
Development Plan," of the Deschutes County Code is amended to read as
follows:
"18.108.060 Amendment of a Development Plan
A. Application. Application for an amendment to an
approved development plan within a PC Zone shall be made
subject to Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance, and zoning ordinance. The
criteria shall be the same as for a change of zone. [The
Planning Director or Hearings Body shall conduct the initial
hearing. Any approval shall automatically be reviewed by the
Planning Commission.]
Section 1A. Section 18.120.010, "Nonconforming Use," of the
Deschutes County Code is amended to read as follows:
"18.120.010 Nonconforming uses.
Except as otherwise provided in this title, the lawful
use of a building, structure or land existing on the
effective date of this title or any amendment thereto may be
continued although such use or structure does not conform
with the standards for new development specified in this
title. A nonconforming use or structure may be altered,
restored or replaced subject to this section. No
nonconforming use or structure may be resumed after a one
year period of interruption or abandonment unless the resumed
use conforms with the provisions of this title in effect at
the time of the proposed resumption.
A. Expansion or Replacement of a Non -conforming
Structure.
1. Non -Conforming Structure. For the purposes of this
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section, a nonconforming structure is one that was lawfully
established and violates current setbacks of this title but
conforms with respect to use.
2. Replacement or Expansion without Additional
Encroachment in Setback Area. A nonconforming structure may
be replaced with a new structure of the same size on the same
footprint as the pre-existing nonconforming structure or may
be expanded with an addition that does not project into the
setback area at. any point along the footprint of the
structure, subject to all other applicable provisions of this
title.
3. Replacement or Expansion with Additional
Encroachment in Setback Area. Replacement or expansion of a
non -conforming structure that would involve an additional
projection into the front, side or rear yard setback area at
any point along the footprint of the existing or pre-existing
structure may be allowed provided such additional projection
into the setback area (1) does not exceed 900 square feet;
(2) does not exceed the floor space of the existing or pre-
existing structure; (3) does not cause the structure to
project further toward the front, side or rear property lines
than the closest point of the existing or pre-existing
structure; and (4) meets the variance approval standards set
forth in Section 18.132.025(A)(1), (A)(2), (A)(3) and (A)(4).
Such replacements or expansions must conform with all
other applicable provisions of this title.
B. Verification of Nonconforming Use. [Upon
application] Subject to the procedures set forth in Chapter
22.40, the Planning Division will verify whether or not a use
constitutes a valid non -conforming use in accordance with the
provisions of this section and applicable state law.
Verification of the existence of a nonconforming use is
required prior to or concurrent with any application to alter
or restore the use. The burden of proof shall be on the
applicant to demonstrate its lawful existence. The applicant
shall demonstrate all of the following:
1. The nonconforming use was lawful on the effective
date of the provisions of this title prohibiting the use.
2. The nonconforming use was actually in existence on
the effective date of the provisions of this title
prohibiting the use, or had proceeded so far toward
completion that a right to complete and maintain the use
would be vested.
3. The nonconforming use has not been interrupted for
a period in excess of one year or was never abandoned.
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C. Maintenance of a Nonconforming Use. Normal
maintenance of a verified nonconforming use or structure
shall be permitted. Maintenance does not include alterations
which are subject to paragraph (E) below.
D. Restoration or Replacement of a Nonconforming Use.
A verified nonconforming use may be restored or replaced if
all of the following criteria are met:
1. Restoration is made necessary by fire, natural
disaster or other casualty.
2. The nonconforming use is restored or replaced on
the same location and is the same size or smaller than it was
prior to the damage or destruction.
3. The restoration or replacement of the nonconforming
use is commenced within one year of the damage or
destruction.
E. Alteration of a Nonconforming Use. Any alteration
to a nonconforming use permitted under this section shall
also be subject to all applicable provisions of this title,
including site plan review. Alteration does not include
expansion of a use or structures associated with that use or
a change in use.
1. The alteration of a nonconforming use shall be
permitted when necessary to comply with any lawful
requirement.
2. In all cases other than that described in (1)
above, alteration of a nonconforming use or any physical
improvements may be permitted by the Hearings Officer when
both of the following criteria are met:
a. The alteration is necessary to reasonably continue
the nonconforming use.
b. The alteration will have no greater adverse impact
on the neighborhood.
F. Procedure.
1. [ Except as set forth in Subsection F (2 ) and F (3 ) of
this section,] [a]Any application for verification of a non-
conforming use or to expand, alter, restore or replace a
nonconforming use shall be processed in conformance with the
procedures for a [land use action] declaratory ruling under
Title 22, the Deschutes County Uniform Development Procedures
Ordinance.
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[2. Applications to expand, alter, restore or replace
a nonconforming use shall in all cases be subject to a public
hearing consistent with the requirements of Title 22, the
Deschutes County Uniform Development Procedures Ordinance.]
2[3]. After a decision has been rendered on an
application for a verification of a non -conforming use
(including any appeals provided for under Title 22 and under
state law), the applicant shall not be entitled to reapply
under Section 22.28.040 for another verification
determination involving the same use of the property."
Section 2. Section 18.136.010, "Authorization to Initiate
Amendments," of the Deschutes County Code is repealed and replaced to
read as follows:
"18.136.010 Amendments
This title may be amended as set forth in this Chapter.
The procedures for text or legislative map changes shall be
as set forth in Chapter 22.12 of this code. A request by a
property owner for a quasi-judicial map amendment shall be
accomplished by filing an application on forms provided by
the Planning Department and shall be subject to applicable
procedures of Title 22 of this code."
Section 3. Section 18.136.020, "Procedure for Zoning Amendments,"
of the Deschutes County Code is repealed.
Section 4. Section 18.136.030, "Rezoning Standards," is
renumbered Section 18.136.020.
Section 5. A new section 18.136.030, "Resolution of Intent to
Rezone," is added to Chapter 18.136 as follows:
"18.135.030 Resolution of Intent to Rezone
A. If from the facts presented and findings and the report
and recommendations of the Hearing Officer, as required by
this Section, the County Commission determines that the
public health, safety, welfare and convenience will be best
served by a proposed change of zone, the County Commission
may indicate its general approval in principal of the
proposed rezoning by the adoption of a "resolution of intent
to rezone." This resolution shall include any conditions,
stipulations or limitations which the County Commission may
feel necessary to require in the public interest as a
prerequisite to final action, including those provisions that
the County Commission may feel necessary to prevent
speculative holding of property after rezoning. Such a
resolution shall not be used to justify "spot zoning" or to
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create unauthorized zoning categories by excluding uses
otherwise permitted in the proposed zoning.
B. The fulfillment of all conditions, stipulations and
limitations contained in the resolution on the part of the
applicant shall make such a resolution a binding commitment
on the Board of County Commissioners. Upon completion of
compliance action by the applicant, the Board shall, by
ordinance, effect such rezoning. The failure of the
applicant to substantially meet any or all conditions,
stipulations or limitations contained in a resolution of
intent, including any time limit placed in the resolution,
shall render the resolution null and void automatically and
without notice, unless an extension is granted by the Board.
C. Content of Site Plan. Where a site plan is required
pursuant to Chapter 19.92, it shall include location of
existing and proposed buildings, structures, accesses, off-
street parking and loading spaces and landscaping; existing
and proposed topography; mechanical roof facilities, if
subject property is so oriented as to become part of the view
from adjacent properties; architectural perspective, layout
and all elevations drawn without exaggerations, except where
noted, including locations, area and design of signs and all
landscaping."
Section 6. Section 18.140.080, "Revocation," of Title 18, as
amended, is further amended to read as follows:
"18.140.080 Revocation.
A. The [Planning Director or] Hearings Body may revoke or
modify any permit granted under the provisions of this title
on one or more of the following grounds:
[A]1. A permit may be revoked on the basis of fraud,
concealment, misrepresentation or inaccurate information
supplied on the application or offered by the applicant or
his representative at a public hearing.
[B]2. 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.
[C]3. 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.
4. A permit may be revoked or modified on the basis
that the conditions or terms of such permit have been
substantially violated.
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[D]5. Any permit granted pursuant to this title shall
become null and void if not exercised within the time period
specified in such permit or, if no time period is specified
in the permit, within two years from the date of approval of
said permit. [The Planning Director or Hearings Body shall
hold a public hearing on any proposed revocation after giving
written notice to the permittee and other affected persons as
set forth in Deschutes County Code Title 22, the Uniform
Development Procedures Ordinance. The Planning Director or
Hearings Body shall render his decision within 45 days after
the conclusion of the hearing. Appeals from the action of
the Planning Director or Hearings Body shall be filed in the
manner provided in Deschutes County Code Title 22, the
Uniform Development Procedures Ordinance.]
B. Procedures for revocations shall be as set forth in
Title 22 of this code."
Amendments to Title 19
Bend Urban Area Zoning Ordinance
Section 7. Section 19.96.010, "Verification of Nonconforming Use,"
of the Deschutes County Code is amended to read as follows:
"19.96.010 Verification of Nonconforming Use.
Subject to the procedures set forth in Chapter 22.40, upon
application the Planning Division will verify whether or not
a use constitutes a valid non -conforming use in accordance
with the provisions of this section and applicable state law.
Verification of the existence of a non -conforming use shall
be required prior to or concurrently with any application to
alter or restore the use. The burden shall be upon the
applicant for alteration or restoration of a nonconforming
use to demonstrate its lawful existence. The applicant shall
demonstrate all of the following:
A. The nonconforming use was lawful on the effective date
of the provisions of this Ordinance prohibiting the use.
B. The nonconforming use was actually in existence on the
effective date of the provisions of this Ordinance
prohibiting its use, or had proceeded so far toward
completion that a right to complete and maintain the use
would be deemed to have vested.
C. The nonconforming use has existed continuously or it
has not existed continuously, has not been abandoned or has
not been interrupted for a period in excess of one (1) year.
The decision verifying the nonconforming use shall be made
[by the Planning Director and shall be appealable] pursuant
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to the provisions
ordinance.to
of the County land
0147-0,2#5,1-4
use procedures
Section 8. Section 19.100.040, "Application," of the Deschutes
County Code is amended to read as follows:
"19.100.040 Application
A request for a conditional use may be initiated by a
property owner or his [authorized] agent, authorized in
writing, by filing an application with the Planning Director.
The application shall be accompanied by a site plan, drawn to
scale, showing the dimensions and arrangement of the proposed
development. The Planning Director or Hearings Body may
request other drawings or material essential to an
understanding of the proposed use and its relationship to the
surrounding properties."
Section 8A. Section 19.104.100, "Violation of Conditions," of the
Deschutes County Code is amended to read as follows:
"19.104.100 Violation of Conditions
The [Planning Director or] Hearings Body on its own motion
may revoke any planned unit development approval for non-
compliance with the conditions set forth in the order
granting the said approval, after first holding a public
hearing and giving notice of such hearing as provided in the
land use procedures ordinance. The foregoing shall not be
the exclusive remedy, and it shall be unlawful and an offense
punishable hereunder for any person to construct any
improvement in violation of any condition imposed by the
order granting the planned unit development approval."
Section 9. Section 19.108.050, "Application for a Variance," of
the Deschutes County Code is amended to read as follows:
"19.108.050 Application for a Variance
A property owner or his agent, authorized in writing, may
initiate a request for a variance by filing an application
with the Planning Director. The application shall be
accompanied by a plan, drawn to a suitable scale, showing the
condition to be varied and the dimensions and arrangements of
the proposed development. The application shall be reviewed
in the manner provided for in the County's land use
procedures ordinance."
Section 10. Section 19.112.020, "Public Hearing," of the
Deschutes County Code is repealed and replaced as follows:
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"19.112.020 Public Hearing
The procedures for considering a revocation under this
Chapter shall be as set forth in Title 22 of the Deschutes
County Code."
Section 11. Sections 19.116.010, "Application," 19.116.020,
Public Hearing on an Amendment," 19.116.040, "Action by County
Commissioners," 19.116.070, "Appeals," and 19.116.080, "Procedures," of
the Deschutes County Code are repealed.
Section 12. The introductory paragraph to Chapter 19.116,
"Amendments, Appeals and Procedures," of the Deschutes County Code is
repealed and replaced with a new provision 19.116.010, "Amendments," as
follows:
"19.116.010 Amendments
This Ordinance may be amended by changing the boundaries of
zones or by changing any other provisions thereof subject to
the provisions of this Chapter.
A. Text changes and legislative map changes may be
proposed by the Board of County Commissioners on its own
motion, by the motion of the Planning Commission, by petition
as set forth in ORS 254.310, or, upon payment of a fee, by
the application of a member of the public. Such changes
shall be made pursuant to Chapter 22.12 of the Deschutes
County Code and ORS 215.110 and 215.060.
B. Any proposed quasi-judicial map amendment or change
shall be handled in accordance with the applicable provisions
of Title 22 of the Deschutes County Code."
Section 13. Section 19.116.030, "Standards for Zone Change," is
renumbered to Section 19.116.020 and is amended to read as follows:
"19.116.030 Standards for Zone Change
The burden of proof is upon the [one seeking change]
applicant. [The degree of that burden increases
proportionately with the degree of impact of the change which
is being sought.] The applicant shall in all cases
establish:
A. That the change conforms with the comprehensive plan.
Specifically, the change is consistent with the plan's
intent to promote an orderly pattern and sequence of
growth.
B. That the change will not interfere with existing development,
development potential or value of other land in the vicinity
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of the proposed action.
C. That the change in classification for the subject property is
consistent with the purpose and intent of the proposed zone
classification.
D. That the change will result in the orderly and efficient
extension or provision of public services. Also, that the
change is consistent with the county's policy for provision
of public facilities.
E. That there is proof of a change of circumstance or a mistake
in the original zoning."
Section 14. Section 19.116.050, "Record of Amendments," is
renumbered to Section 19.116.030.
Section 15. Section 19.116.060, "Resolution of Intent to Rezone,"
is renumbered to Section 19.116.040.
Amendments to Title 20
Redmond Urban Area Zoning Ordinance
Section 16. Section 20.116.060, "Public Hearing on a Conditional
Use," is repealed and replaced as follows:
"20.116.060 Procedures
An application for a conditional use shall be processed in
accordance with the procedures set forth in Title 22 of the
Deschutes County Code."
Section 17. Section 20.116.070, "Notification of Action," is
repealed and subsequent sections of Chapter 19.116 are renumbered
accordingly.
Section 17A. A new Section 20.120.015, "Verification of
Nonconforming Use," is adopted to read as follows:
"20.120.015 Verification of Nonconforming Use
The existence and scope of a nonconforming use may be
verified in accordance with the requirements of state law
under the procedures set forth in Chapter 22.40 of this
title."
Section 17B. Section 20.120.050, "Alterations and Repairs," is
amended to read as follows:
"20.120.050 Alterations and Repairs
A. Alterations of a nonconforming use may be permitted to
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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.
B. Any proposal for the alteration of a use under Section
A., except as an alteration necessary to comply with a lawful
requirement shall be considered [subject to] as a land use
action under Title 22. As used in this Section, "Alteration"
of a nonconforming use includes:
1. A change in the use of no greater adverse impact to the
neighborhood.
2. A change in the structure of physical improvements of
no greater adverse impact to the neighborhood."
Section 18. Section 20.124.010, "Authorization to Grant or Deny
Variances," is amended to read as follows:
"20.124.010 Authorization to Grant or Deny Variances
The Planning Director or Hearings Body, except as provided
for in Section 20.124.030, may authorize variances from the
standards of this title 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 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. In
granting a variance, the Hearings Body 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."
Section 19. Section 20.124.030, "Authorization to Grant or Deny
Variances to On -Site Requirements," is amended to read as follows:
"20.124.030 Authorization to Grant or Deny Variances to On -
Site Requirements
The Planning Director or Hearings Body may authorize a
variance from the standards of this title relating to on-site
requirements (e.g. yards, parking signs, etc.). Provided,
however, that no variance under this section shall be greater
than 25% of the requirement from which the variance is
sought."
Section 20. Section 20.124.050, "Application for a Variance," is
amended to read as follows:
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"20.124.050 Application for a Variance
A property owner or an agent of the owner authorized in
writing to act on the owner's behalf may initiate a variance
by filing an application with the Planning Director using
forms prescribed in Title 22. The application shall be
accompanied by a plan, drawn to a suitable scale, showing the
condition to be varied and the dimensions and arrangements of
the proposed development. The application shall be reviewed
in the manner provided for in Title 22."
Section 21. Section 20.124.070, "Notification of Action," of the
Deschutes County Code is repealed.
Section 22. Section 20.128.010, "Authorization to Initiate
Amendments," is amended to read as follows:
"Section 20.128.010 Authorization to Initiate Amendments
An amendment to the text of this title or a legislative
amendment to a zoning or plan map may be initiated by either
the Board, Planning Commission or a property owner. Quasi-
judicial plan map amendments shall be initiated by a property
owner. A property owner shall [may] initiate a request for
an amendment by filing an application with the Planning
Director."
Section 23. Section 20.128.020, "Zone -Plan Map Amendments," is
amended to read as follows:
"20.128.020 Zone -Plan Map Amendments.
The Hearings [Officer] Body 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 on a quasi-judicial zone change or plan
amendment in accordance with the provisions of Title 22.
[Prior to said hearing, the Planning Director shall refer the
proposed amendments 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.] For the purposes of this section only, the initial
Hearings Body shall, at the discretion of the Planning
Director, be either the Planning Commission or the Hearings
Officer. "
Section 24. Section 20.128.050, "Map Amendment Procedure," is
repealed and replaced to read as follows:
"20.128.050 Legislative Amendment Procedure
Except as set forth herein, legislative changes shall be
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heard pursuant to the procedures set forth in Chapter 22.12
of this Code."
Section 25. Section 20.128.060, "Limitations on Reapplications,"
is amended to read as follows:
"20.128.060 Limitations on reapplications.
No application of a property owner for an amendment to the
text of this title or to the zoning map shall be considered
by the Hearings [Officer] Body within the six-month period
immediately following a previous denial application[,].
However, if [ , ] in the opinion of the Hearings [Officer] Body,
new evidence or a change of circumstances warrant it[.],
[However,] the Hearings [Officer] Body may permit a new
application."
Amendments to Title 21
Sisters Urban Area Zoning Ordinance
Section 26. Section 19, "Non -Conforming Uses," is amended to read
as follows:
"Section 19. NONCONFORMING USES. A use lawfully occupying
a structure or site on the effective date of this title or of
amendments thereto, which does not conform to the use
regulations for the zone in which it is located, shall be
deemed to be a nonconforming use and may be continued,
subject to the following regulations.
1. Routine maintenance and repairs may be performed on
structures or sites, the use of which is nonconforming.
2. No structure, the use of which is nonconforming, shall
be moved, altered or enlarged unless required by law or
unless the moving, alteration or enlargement will result in
the elimination of the nonconforming use.
3. No structure partially occupied by a nonconforming use
shall be moved, altered or enlarged in such a way as to
permit the enlargement of the space occupied by the
nonconforming use.
4. The Planning [Commission] Director or Hearings Body may
grant an application for a change of use, filed in accordance
with the provisions of this title and processed under Title
22 as an application for a land use action, if, on the basis
of the application and the evidence submitted, the following
findings are made:
A. That the proposed use is classified in a more
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restrictive category than existing or pre-existing use
by the zoning district regulations of this title. The
classifications of a nonconforming use shall be
determined on the basis of the district in which it is
first permitted, provided that a Conditional Use shall
be deemed to be in a less restrictive category than a
permitted use in the same district.
B. That the proposed use will no more adversely affect the
character of the district in which it is proposed to be
located than the existing or pre-existing use.
C. That the change of use will not result in the
enlargement of the space occupied by a nonconforming
use, except that a nonconforming use of a building
became nonconforming provided that no structural
alteration, except those required by law are made.
5. If a nonconforming use has been changed to a conforming
use, or if the nonconforming use of a building, structure or
premises ceases for the period of one year or more, said use
shall be considered abandoned.
6. If a structure containing a nonconforming use is
destroyed by any cause to an extent exceeding 60 percent of
the appraised value of the structure as determined by the
records of the County Assessor for the year preceding
destruction, a future structure or use on the property shall
conform to the regulations for the district in which it is
located.
7. Nothing contained in this title shall require any change
in the plans, construction, alteration, or designated use of
a structure for which a valid permit exists prior to the
adoption of this title and subsequent amendments thereto,
except that if the designated use will be nonconforming, it
shall be an abandoned use if not in operation within one year
of the date of issuance of the building permit.
8. If a building or structure, in existence on the
effective date of this title and subject to any yard,
location or coverage restriction imposed by this title, fails
to comply with such restrictions, such building or structure
may be enlarged or altered to the extent that such alteration
or enlargement does not itself encroach upon a required yard
or violate a location restriction or so increase the area of
the building or structure that it violates that coverage
restriction; but this right shall be subject to all other
restrictions contained in this title.
9. If an existing nonconforming use, or portion thereof,
not housed or enclosed within a structure, occupies a portion
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of a lot or parcel of land on the effective date hereof, the
area of such use may not be expanded. The use, or any part
thereof, shall not be moved to any other portion of the
property. This shall not apply where such increase in area
is for the purpose of increasing an off-street parking or
loading facility to the area. This shall not be construed as
permitting unenclosed commercial activities where otherwise
prohibited by this Ordinance.
10. A use which was lawful by reason of a variance may be
conducted only on the terms of the original permit or
variance granted and subject to all limitations under which
the permit or variance was awarded.
11. The existence and scope of a nonconforming use may be
verified in accordance with the requirements of state law
under the procedures set forth in Chapter 22.40 of this
title."
Section 27. Section 20, "Conditional Use Permits," is amended to
read as follows:
"Section 20. CONDITIONAL USE PERMITS
1. Purpose. In certain districts, conditional uses may be
permitted subject to the granting of a Conditional Use
Permit. Because of their unusual characteristics, or
the special characteristics of the area in which they
are to be located, Conditional Uses require special
consideration so that they may be properly located with
respect to the objectives of this title and their effect
on surrounding properties.
2. (Planning Commission) Authority. The [Planning
Commission] Planning Director or Hearings Body shall
have the authority to approve, with conditions,
disapprove, or revoke Conditional Use Permits subject to
the provisions of this section.
3. General Conditional Use Permit Criteria. A Conditional
Use Permit may be granted only upon findings by the
[Planning Commission] Planning Director or Hearings Body
that the proposal meets all of the criteria in this
section, as well as all other applicable criteria
contained in this Ordinance. The general criteria are:
A. That the location, size, design and operating
characteristics of the proposed use are such
that it will have minimal adverse impact on
the liveability, value, or permissible
development of abutting properties and the
surrounding area.
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B. That the site planning of the proposed uses
will, as far as reasonably possible, provide
an aesthetically pleasing and functional
environment to the highest degree consistent
with the nature of the use and the given
setting.
C. If the use is permitted outright in another
zone, that there is substantial reason for
locating the use in an area where it is only
conditionally allowed, as opposed to an area
where it is permitted outright.
D. That the proposed use will be consistent with
the purposes of this title, the Comprehensive
Plan, Statewide Goals, and any other
statutes, titles, or policies that may be
applicable.
E. The establishment, maintenance or operation
of the use applied for will not, under
circumstances of the particular case, be
detrimental to the health, safety or general
welfare of persons residing or working in the
neighborhood or to the general welfare of the
Urban Area.
4. A request for Conditional Use may be initiated by a
property owner or his authorized agent by filing an
application with the Planning Director. The application
shall be accompanied by a site plan drawn to scale,
showing the dimensions and arrangement of the proposed
development. The [Planning Commission] Planning
Director or Hearings Body may request other drawings or
material essential to an understanding of the proposed
use and its relationship to the surrounding properties.
[5. Public Hearing. Before a conditional use is permitted
the proposed conditional use shall be considered by the
Hearings Body at a public hearing. Notice of said
hearing shall be in accordance with Title 22.]
5. Procedures. Conditional use applications shall be
processed in accordance with applicable provisions of
Title 22 of the Deschutes County Code.
6. Action by the Planning f Commission 1 Director or Hearings
Body. The Planning Commission may approve, approve with
conditions, or disapprove the application for a
conditional use permit, subject to the standard
procedures of [section 23] Title 22. In permitting a
conditional use, the Planning [Commission] Director or
PAGE 15 - ORDINANCE NO. 95-050 (6/28/95)
0147-0266
Hearings Body may impose, in addition to regulations and
standards expressly specified in this ordinance, other
conditions found necessary to protect the best interests
of the surrounding property or neighborhood or the urban
area as a whole. Any future enlargement or alteration
of the use shall be reviewed by the [City] County and
new conditions may be imposed.
A. In order to grant any conditional use, the
Planning [Commission] Director or Hearings
Body must find that the establishment,
maintenance or operation of the use applied
for will not, under the circumstances of the
particular case, be detrimental to the
health, safety or general welfare of persons
residing or working in the neighborhood of
such proposed use, or be detrimental or
injurious to the property and improvements in
the neighborhood or to the general welfare of
the urban area.
B. Duration of permits issued under this chapter
shall be as set forth in Chapter 22.36 of the
Deschutes County Code.
7. Effect. No building or other permit shall be issued in any
case where a conditional use permit is required by the terms
of this Ordinance until five days after the approval of the
conditional use by the Planning [Commission] Director or
Hearings Body. An appeal from an action of the Planning
[Commission] Director or Hearings Body shall automatically
stay the issuance of a building or other permit until such
appeal has been completed.
8. Violation of Condition. The Planning [Commission]
Director or Hearings Body, on its own action, may revoke
any conditional use permit for noncompliance with
conditions set forth in the granting of said permit
after first holding a public hearing and giving notice
of such hearing [as provided in section ] in
accordance with applicable provisions of Title 22. The
foregoing shall not be the exclusive remedy, and it
shall be unlawful and punishable hereunder for any
person to violate any condition imposed by a conditional
use permit."
Section 28. Section 21, "Variances," is amended to read as
follows:
"Section 21. VARIANCES. Where practical difficulties,
unnecessary hardships and results inconsistent with the
PAGE 16 - ORDINANCE NO. 95-050 (6/28/95)
0147-0267
general purposes of this Ordinance may result from the strict
application of certain provisions thereof, variances may be
granted as provided in this Section. This section shall not
be used to allow a use that is not permitted by this
Ordinance for the district in which the land is located.
1. Authorization to Grant or Deny Variances. The Planning
[Commission] Director or Hearings Body may authorize
variances from the requirements of this 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 ordinance would cause
an undue or particular hardship, except that no variance
shall be granted to allow the use of property for
purposes not authorized within the district in which the
proposed use would be located. In granting a variance,
the Planning [Commission] Director or Hearings Body may
attach conditions which it finds necessary to protect
the best interests of the surrounding property or
neighborhood and to otherwise achieve the purposes of
this Ordinance.
2. Conditions for Granting a Variance. A variance may be
granted if, on the basis of the application,
investigation and evidence submitted, the Planning
[Commission] Director or Hearings Body makes the
following findings:
A. That strict or literal interpretation and
enforcement of the specified regulation would
result in practical difficulty or unnecessary
physical hardship inconsistent with the objectives
of the zoning ordinance.
B. That there are exceptional or extraordinary
circumstances or conditions applicable to the
property involved or to the intended use of the
property which do not apply generally to other
properties classified in the same zoning district.
C. That strict or literal interpretation and
enforcement of the specified regulation would
deprive the applicant of privileges enjoyed by the
owners of other properties classified in the same
zoning district.
D. That the granting of the variance will not
constitute a grant of special privilege
inconsistent with the limitations on other
properties classified in the same zoning district.
E. That the granting of the variance will not be
PAGE 17 - ORDINANCE NO. 95-050 (6/28/95)
014"1-0268
detrimental to the public health, safety or
welfare or materially injurious to properties or
improvements in the vicinity.
F. That the variance conforms to the
Comprehensive Plan and the intent of the
ordinance being varied.
3. Conditions from Granting a Variance to Off -Street
Parking or Loading Facilities. The Planning
[Commission] Director or Hearings Body may grant a
variance to a regulation prescribed by this Ordinance
with respect to off-street parking facilities or off-
street loading facilities as the variance was applied
for or in modified form if, on the basis of the
application, investigation and the evidence submitted,
the Planning [Commission] Director or Hearings Body
makes the findings prescribed in subsection (2) above
and the following additional findings:
A. That neither present nor anticipated future
traffic volumes generated by the use of the site
or use of sites in the vicinity reasonably require
strict or literal interpretation and enforcement
of the specified regulation.
B. That the granting of the variance will not result
in the parking or loading of vehicles on public
street in such a manner as to interfere with the
free flow of traffic on the streets.
C. That the granting of the variance will not create
a safety hazard or any other condition
inconsistent with the objectives of the zoning
ordinance.
4. Application for Variance. A request for a variance may
be initiated by a property owner or his authorized agent
by filing an application with the [City] Planning
Director. The application shall be accompanied by a
site plan, drawn to scale, showing the dimensions and
arrangement of the proposed development. The Planning
[Commission] Director or Hearings Body may request other
drawings or material essential to an understanding of
the proposed use and its relationship to the surrounding
properties.
5. Public Hearings. Before a variance is permitted, the
proposed variance shall be considered by the Planning
[Commission] Director or Hearings Body at a public
hearing. Notice of said hearing shall be given as
provided in [Section ] Title 22.
PAGE 18 - ORDINANCE NO. 95-050 (6/28/95)
0147-04"1009
6. Action of the Planning rCommission] Director or Hearings
Body. The Planning [Commission] Director or Hearings
Body may approve, disapprove or approve with conditions
the application, subject to the standard procedures of
[Section ] Title 22.. The Planning [Commission]
Director or Hearings Body shall notify the applicant, in
writing, of the Planning [Commission's] Director or
Hearings Body's action [within ten (10) days after the
decision has been rendered] in accordance with Title 22.
The Planning [Commission] Director or Hearings Body may
attach conditions to an authorized variance which it
feels are necessary to protect the public interest and
carry out the purpose of this Ordinance.
7. Time Limit on Approval of a Variance. Duration of
variances issued under this chapter shall be as set
forth in Chapter 22.36 of the Deschutes County Code."
Section 29. Section 22, "Revocation of Permits," is amended to
read as follows:
"Section 22. REVOCATION OF PERMITS OR VARIANCES.
1. Revocation for Non-compliance with Conditions. Any
conditional use permit or variance granted in accordance
with the terms of this Ordinance may be revoked if any
of the conditions or terms of such permit or variance
are violated, or if any law or ordinance is violated in
connection therewith. If, after notice and hearing, any
permit is revoked for a substantial violation of any of
its conditions, the [City Council] Hearings Body may
reconsider any zone change granted in connection with
the permit and restore the zoning existing prior to the
permit, notwithstanding improvements constructed prior
to such revocations, but any such proposed change of
zone shall follow the procedures otherwise specified for
zone changes herein.
[2. Public Hearing. The Planning Commission shall hold a public
hearing on any proposed revocation after giving written
notice to the permittee and to other owners of property as
set forth in Section.
The Planning Commission shall
render its decision within 45 days after the conclusion of
the hearing. In case the permittee is not satisfied with the
action of the Planning Commission, he may appeal the decision
to the City Council in the manner provided in this Section
and Section .]
2. Procedures for revocations shall be as set forth in
Title 22 of this code."
PAGE 19 - ORDINANCE NO. 95-050 (6/28/95)
0147-0270
Section 30. Section 23, "Amendments," is amended to read as
follows:
"Section 23. AMENDMENTS. This Ordinance may be amended
by changing the boundaries of districts, or by changing any
other provisions thereof[, whenever the public necessity and
convenience and the general welfare requires such an
amendment.] as set forth in this chapter. The procedures for
text or legislative map changes shall be as set forth in
Chapter 22.12 of this code. A request by a property owner
for a quasi-judicial map amendment shall be accomplished by
filing an application on forms provided by the Planning
Department and shall be subject to applicable procedures of
Title 22 of the Deschutes County Code. [Such a change may be
proposed by the City Council on its own motion or by motion
of the Planning Commission or by petition as hereinafter set
forth. Any such proposed amendment or change shall first be
submitted to the Planning Commission and the Planning
Commission shall, within 40 days after a hearing, recommend
to the City Council approval, disapproval or modification of
the proposed amendment.]
[1. Application. An application for amendment by a property
owner or his authorized agent shall be filed with the
Planning Director. The application shall be made on the
forms provided by the City.
2. Public Hearing on an Amendment. Before taking final
action on a proposed amendment, the Planning Commission
shall hold a public hearing thereon. The Planning
Commission shall follow the procedures set forth in
Section 23 for map changes. For amendments to the text,
notice of the time and place of the proposed amendment
shall be given by three publications in a newspaper of
general circulation in the urban area not less than five
days nor more than ten days prior to the date of the
hearing.]
1[3]. Standards for Zone Change. The burden of proof is
upon the applicant [one seeking change]. [The
degree of that burden increases proportionately
with the degree of impact of the change which is
sought.] The applicant shall in all cases
establish:
A. Conformance with the Comprehensive Plan.
B. Conformance with all applicable statutes.
C. Conformance with statewide planning goals wherever
they are determined to be applicable.
D. That there is a public need for a change of the
PAGE 20 - ORDINANCE NO. 95-050 (6/28/95)
0147-04 ill
kind in question.
E. That the need will be best served by changing the
classification of the particular piece of property
in question as compared with other available
property.
F. That there is proof of a change of circumstance
or a mistake in the original zoning.
G. That annexation to the City of Sisters will accompany
the zone change.
[4. Action by the City Council and County Commission. The City
Council and County Commission may enact an ordinance grant-
ing the zone change or amendment or may, by motion, deny
the granting of the zone change or amendment.]
2[5]. Record of Amendments. The signed copy of each
amendment to the text and the map of this
ordinance shall be maintained on file in the
office of the County Clerk and City Recorder[s].
A record of such amendments shall be maintained
in a form convenient for the use of the public.
3[6] Resolution of Intent to Rezone. If, from the facts pre-
sented and findings and the report and recommendations of
the Planning Commission as required by this section, the
City Council and County Commission determine that the
public health, safety, welfare and convenience will be best
served by a proposed change of zone, the City Council and
County Commission may indicate its general approval in
principal of the proposed rezoning by the adoption of a
"resolution of intent to rezone." This resolution shall
include any conditions, stipulations or limitations which
the City Council and County Commission may feel necessary
to require in the public interest as a prerequisite to
final action, including those provisions which the City
Council and County Commission may feel necessary to prevent
speculative holding of the property after rezoning. The
fulfillment of all conditions, stipulations and limitations
contained in said resolution on the part of the applicant
shall make such a resolution a binding commitment on the
City Council and County Commission. Such a resolution
shall not be used to justify spot zoning to create
unauthorized zoning categories by excluding uses otherwise
permitted in the proposed zoning. Upon completion of
compliance action by the applicant, the City Council and
County Commission shall, by ordinance, effect such
rezoning. The failure of the applicant to meet any or all
conditions, stipulations or limitations contained in the
resolution shall render the resolution of intent to rezone
PAGE 21 - ORDINANCE NO. 95-050 (6/28/95)
0147-0272
null and void, unless an extension is granted by the City
Council and County Commission upon recommendation of the
Planning Commission.
A. Content of Site Plan. Where a site plan is required
pursuant to Section 29, it shall include; location of
existing and proposed buildings, structures, accesses,
off-street parking and loading spaces and landscaping;
existing and proposed topography; mechanical roof
facilities, if subject property is so oriented as to
become part of the view from adjacent properties;
architectural perspective, layout and all elevations
drawn without exaggeration except where noted, includ-
ing locations, area and design of signs, all landscap-
ing and adjacent streets and facilities.
B. Resolution on Intent Binding. The fulfillment of all
conditions, stipulations and limitations contained in
the resolution of intent on the part of the applicant
shall make the resolution binding on the City Council
and County Commission. Upon compliance with the
resolution by the applicant, the City Council and
County Commission shall, by ordinance, effect such
reclassification.
C. Resolution of Intent Void Upon Failure to Comply. The
failure of the applicant to substantially meet any or
all conditions, stipulations or limitations contained
in a resolution of intent, including the time limit
placed in the resolution, shall render said resolution
null and void, unless an extension is granted by the
City Council and County Commission upon recommendation
of the Planning Commission."
Section 31. Section 24, "Appeals," is amended to read as
follows:
"Section 24. APPEALS. Appeals shall follow the
procedures established by (Ordinance No. 82-011] Title 22,
except that within the city limits, the hearing shall be
held by the City Council."
Section 31A. Section 25, "Procedures," is repealed and replaced
to read as follows:
"Section 25. PROCEDURES. Procedures for processing
approvals under this ordinance shall be as set forth in
Title 22."
Section 32. Section 29(1), "Site Plan Approval - Purpose," is
amended to read as follows:
PAGE 22 - ORDINANCE NO. 95-050 (6/28/95)
0147-0273
"Section 29. SITE PLAN APPROVAL.
1. Purpose. The purpose of site plan approval is to
insure compliance with the objectives and provisions
of this Ordinance and the Comprehensive Plan where
development may cause a conflict between uses in the
same or adjoining districts by creating unsightly,
unhealthful or unsafe conditions thereby adversely
affecting the public health, safety and general
welfare. The purpose of this section is to influence
location and design of the proposed use rather than to
deny a use allowed within the zone. In considering a
site plan, the [commission] Planning Director or
Hearings Body shall take into account the impact of
the proposed development on nearby properties, on the
capacity and circulation of the street system, on the
capacity of the utility and service systems, on land
value and development potential of the area and on the
appearance of the street and the community. The
[Commission] Planning Director or Hearings Body may
require the following, in addition to the minimum
requirements and standards of this Ordinance, as a
condition to the site plan approval:
A. An increase in building separation to afford
greater fire resistance based on building
structural and fire flow requirements.
B. An increase in building separation to afford
improvement in light reception or air
circulation.
C. Additional off-street parking according to
specific requirements for the type of
development.
D. Screening of the proposed use by a fence or
landscaping or a combination thereof.
E. Limitations on the size, location and number
of exterior lights.
F. Limitations on the number and location of
curb cuts for ingress/egress, for traffic
safety and improved circulation.
G. Dedication of land for the creation or
enlargement of streets where the existing
street system will be impacted by or is
inadequate to handle the additional burden
caused by the proposed use.
PAGE 23 - ORDINANCE NO. 95-050 (6/28/95)
0147-0274
H. Improvement, including, but not limited to,
paving, curbing, installing traffic control
facilities and constructing sidewalks,
drainage facilities or the street system
which serves the proposed use where the
existing street system will be burdened by
the proposed use.
I. Improvement or enlargement of utilities
serving the proposed use where existing
facilities serving the proposed use will be
burdened by the proposed use.
J. Landscaping or increases in landscaping
requirements for the site.
R. Limitations on the number and size of signs.
L. Review of and adjustments in design for
conformance with the historic architectural
design theme.
M. Any other limitations or conditions it
considers necessary to achieve the purposes
of this Ordinance and the Comprehensive
Plan."
Section 33. Section 29(2), "Site Plan Approval - Site Plan
Approval Required," is amended to read as follows:
"2. Site Plan Approval Required. No building, parking,
land use, sign or other required permit shall be
issued for a use subject to this section, nor shall
such uses be commenced, enlarged, altered or changed
until a final site plan is approved by the Planning
[Commission] Director or Hearings Body.
A. The provisions of this section apply to
developments and uses contained in the
zoning ordinance as follows:
a. Multi -family dwellings.
b. Planned unit developments.
C. Mobile home parks.
d. Commercial zones.
e. Commercial -industrial zones.
f. Industrial zones.
PAGE 24 - ORDINANCE NO. 95-050 (6/28/95)
0147-J0275
g. Conditional uses where specified in each
zone.
B. A site plan must be filed under the following condi-
tions:
a. New buildings or structures.
b. Building alterations affecting the exterior
design and/or dimensions of an existing
structure.
C. Porches, decks and canopy additions.
d. Any new permitted land use on undeveloped prop-
erty, such as parking lots, concession stands,
storage yards, etc.
e. Site grading of property affecting or altering
the on-site of off-site drainage.
f. Signs within the commercial zones.
g. A change of use within a zone unless the site
already complies with all of the standards of
this Ordinance.
C. All conditions of site plan approval required by
the Planning Commission shall be complied with
prior to obtaining any required permits or
licenses.
D. Non-compliance with an approved site plan
and any conditions of approval shall be a
zoning violation."
Section 34. Section 30(6), "Planned Unit Development - Public
Hearing," is amended to read as follows:
"6. Public Hearing. A public hearing shall be held by the
Hearings Body on a Planned Unit Development. Notice
for this hearing shall be given as set forth in
[Section 23] Title 22."
Section 35. Section 30(9), "Planned Unit Development - Hearings
Body Action," is amended to read as follows:
"9. Hearings Body Action. The hearings body shall act
upon the applications within [90] 120 days of
acceptance of the application, excluding such time as
may be required to complete any necessary zoning
amendment. In taking action, the hearings body may
PAGE 25 - ORDINANCE NO. 95-050 (6/28/95)
approve, approve with conditions or deny an X76
application as submitted. Any planned unit
development as authorized shall be subject to all
conditions imposed and shall be excepted from other
provisions of this Ordinance only to the extent
specified in said authorization. Any approval of a
planned unit development granted hereunder shall lapse
and become void unless, within 12 months after the
final granting of approval or within such other period
of time as may be stipulated by the hearings body as a
condition of such approval, construction of the
building or structures involved in the development has
begun and been diligently pursued. The hearings body
may further impose other conditions limiting the time
within which the development or portions thereof must
be completed. The decision of the hearings body shall
be final unless appealed to a higher hearings body
according to the procedures set forth in [Section 35]
Title 22."
Section 36. Section 30(10), "Planned Unit Development -
Violation of Conditions," is amended to read as follows:
"10. Violation of Conditions. The hearings body on its own
action may revoke any planned unit development
approval for noncompliance with the conditions set
forth in the order granting the said approval after
first holding a public hearing and giving notice of
such hearing as provided in [Section ] Title 22.
The foregoing shall not be the exclusive remedy, and
it shall be unlawful and an offense punishable
hereunder for any person to construct any improvement
in violation of any condition imposed by the order
granting the planned unit development."
Section 37. Section 33(1), "Landscaping Requirements -
Purpose," is amended to read as follows:
"1. Purpose. The purpose of this section is to provide
for minimum standards for landscaping as a means to
implement the provision, purposes and objectives of
this Ordinance and Comprehensive Plan. Landscaping
requirements for new, redeveloping or change of use
applications will be considered by the Planning
[Commission] Director or Hearings Body."
Section 38. Additions and Deletions. Additions to Title 22 are
set out in bold-faced type and deletions are bracketed.
Section 39. Codification. The Code Book Review Committee shall
have the authority to format the provisions contained herein in a
manner that will integrate them into the County Code consistent with
PAGE 26 - ORDINANCE NO. 95-050 (6/28/95)
14..t CN"H4
oo' �
the Code Book Review Committee's form and style for or .i.nanc
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, the Code Book
Review Committee 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 40. 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 41. Applicability. This ordinance shall apply to
existing and new land use applications and land use action
proceedings in a manner consistent with the applicability of
Ordinance 95-045 adopted on this date.
Section 42. Repeal of Ordinances as Affecting Existing
Liabilities. The repeal, express or implied, of any ordinance,
ordinance provision, or code section by this ordinance shall not
release or extinguish any duty, condition, penalty, forfeiture, or
liability incurred under such ordinance, unless a provision of this
ordinance shall so expressly provide, and such ordinance repealed
shall be treated as still remaining in force for the purpose of
sustaining any proper action or prosecution for the enforcement of
such duty, condition, penalty, forfeiture, or liability, and for the
purpose of authorizing the prosecution, conviction and punishment of
the person or persons who violated the repealed ordinance.
PAGE 27 - ORDINANCE NO. 95-050 (6/28/95)
0147-0/78
Section 43. 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 01%af day of June, 1995.
AT T:
Recording Secre ary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON T
148
CW4�-r
Em-.I.T.1 •, :iii� �sml� -�
L. NIPPER,
PAGE 28 - ORDINANCE NO. 95-050 (6/28/95)
N, Commiss
ssioner