1997-16986-Ordinance No. 97-041 Recorded 5/19/1997REVIEWED
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordinance 97-017, 97 H'.1' 19 AM 9: 19
Amending DCC Titles 18 and 22 Regarding
Wireless Telecommunications Facilities, and * E ✓ [,'
Declaring an Emergency. * Q
ORDINANCE NO. 97-041 ��� • ��
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. That Ordinance 97-017, Exhibit D amending Deschutes County Code Section 18.61.040,
UUC-Industrial District, is hereby amended to read as set forth in Exhibit D attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in str-ikedff,,,,g
Section 2. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or
phrase of this ordinance is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect
the validity of the remaining portions of this ordinance.
Section 3. 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 Deschutes County Form and
Style Manual for Board Documents. Such codification shall include the authority to make such 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 Legal Counsel may insert appropriate legislative
history reference. 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 4. 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 14th day of May, 1997.
ATTEST:
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Recording Secretary
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PAGE 1 - ORDINANCENO. 97-041(5-14-97) lv%Zt„Ci i`MLD
MAY 2 <<11997
Exhibit D to Ordinance 97-041
18.61.040. Industrial District.
A. Uses Permitted Outright The following
uses and their accessory uses are permitted outright:
1. Agricultural use as defined in this title.
2. Excavation, grading or fill and removal
activities involved in creation of a wetland in areas
not requiring a conditional use permit for fill or
removal.
3. 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.
4. Class III road or street project.
5. Forest operation and forest practice
including, but not limited to, reforestation of forest
land, road construction and maintenance, harvesting
of a forest tree species, application of chemicals and
disposal of slash.
B. Uses Permitted Subject to Site Plan Review.
The following uses and their accessory uses are
permitted subject to Section 18.61.040(D)(3)(b)and
other applicable provisions of this chapter and
Chapters 18.116, Supplementary Provisions, and
18.124, Site Plan Review, of this title:
1. Expansion of a valid use existing on
December 5, 1994.
2. Public use compatible with industrial uses.
3. Uses that require proximity to rural
resources, as defined in OAR 660-04-022(3)(a).
4. Scientific research or experimental
development of materials, methods or products,
including engineering and laboratory research.
5. Light manufacturing, assembly, fabricating
or packaging, and wholesale distribution.
6. Cold storage plant, including storage and
office.
7. Kennel or veterinary clinic operated entirely
within an enclosed building.
8. Processing use such as bottling plant,
creamery, laboratory, blueprinting and
photocopying, laundry, carpet and rug cleaning
plant, cleaning and dyeing plant, tire retreading,
recapping and rebuilding.
9. Contractor's equipment storage or sale yard,
house mover, delivery vehicles, transit storage,
trucking terminal and used equipment in operable
condition.
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10. Manufacture of concrete products and
ceramic products using only previously comminuted
raw materials.
11. All types of automobile, motorcycle, boat,
trailer and truck sales, service, repair, storage and
rental.
12. Retail or combination retail/wholesale
lumber and building materials yard, not including
concrete mixing.
13. Manufactured home sales and service.
14. Plant nursery and greenhouse.
C. Conditional Uses Permitted The following
uses may be allowed subject to the applicable
provisions of this chapter and Chapters 18.124, Site
Plan Review, and 18.128, Conditional Use, of this
title:
1. Mini -storage facility.
2. Hydroelectric facility, subject to Sections
18.116.130 and 18.128.040(V).
3. Asphalt plant.
4. Lumber manufacturing and wood processing
including pulp and paper manufacturing.
5. Electrical substation.
6. Concrete, asphalt and ready -mix plant.
7. Petroleum products storage and distribution.
8. Storage, crushing and processing of
minerals, including the processing of aggregate into
asphaltic concrete or portland cement concrete.
9. Commercial feedlot, stockyard, sales yard,
slaughterhouse and rendering plant.
10. Railroad track, freight depot and related
facilities.
11. Agricultural products storage and processing
plant.
12. Transfer station.
13. Automotive wrecking yard totally enclosed
by a sight -obscuring fence.
14. Any use permitted by Section 18.61.040(B)
that is expected to:
a. Require lot coverage in excess of 70 percent;
b. Require more than one acre of land; or
c. Generate any odor, dust, fumes, glare,
flashing lights or noise that would be perceptible
without instruments 500 feet from the property line
of the subject use.
15. Service commercial use, such as office,
restaurant, cafe, refreshment stand, bar and tavern,
PAGE 1 - EXHIBIT D to ORDINANCE NO. 97-041 (5-14-97)
whose primary purposes is to serve industrial uses in
the surrounding area, provided that such use is
allowed as part of an Industrial Park Master Plan.
16. Wireless telecommunications facilities,
except those facilities meeting the requirements of
DCC 18.116.250, subject only to the requirements of
Chapter 18.128.
D. Use Limits. The following limitations and
standards shall apply to uses listed in Subsections
(B) and (C):
1. Sewer and Water Requirements:
a. New uses that require Oregon Department of
Environmental Quality (DEQ) Water Pollution
Control Facility (WPCF) permits shall be required to
connect to the La Pine Sewer Treatment Facility in
lieu of obtaining a WPCF permit.
b. Uses that do not require a WPCF permit
shall demonstrate the ability to obtain approval for
an on-site sewage disposal system either before
approval of the land use permit or as a condition of
permit approval.
C. If a use requires more than 5,000 gallons of
water per day, an application shall be made to the
Oregon Water Resources Department for a water
rights permit or the use must be connected to a
municipal, community or public water system.
2. Compatibility:
a. A use that requires a lot area exceeding
9,000 square feet shall not be permitted to locate
adjacent to a lot in a residential district.
b. A use expected to generate more than 30
truck -trailer or other heavy equipment trips per day
to and from the subject property shall not be
permitted to locate on a lot adjacent to or across a
street from a lot in a residential district.
C. Any use on a lot adjacent to or across the
street from a lot in a residential district shall not emit
odor, dust, fumes, glare, flashing lights, noise, or
similar disturbances perceptible without instruments
more than 200 feet in the direction of the affected
residential use or lot.
d. Storage, loading and parking areas for uses
permitted by Subsections (B) and (C) shall be
screened from residential zones.
e. No use requiring air contaminant discharge
permits shall be approved by the Planning Director
or Hearings Body prior to review by the applicable
state or federal permit -reviewing authority, nor shall
0161=2491
such uses be permitted adjacent to or across a street
from a residential lot.
f. A property hosting a service commercial use
shall be subject to a waiver of remonstrance recorded
in the Deschutes County Book of Records declaring
that the operator and his or her successors will not
now or in the future file a complaint aimed at
curtailing industrial activities on adjacent properties
conducted in conformance with this chapter.
3. Traffic/Parking
a. A use that generates more than 20 auto or
truck trips during the busiest hour of the day to and
from the premises shall be served directly by an
arterial or collector.
b. An applicant must demonstrate that affected
transportation facilities are adequate to serve the
proposed use, considering the functional
classification, capacity and the level of service of
such facilities.
C. All parking demand created by any use
permitted by this section shall be accommodated on
the applicant's premises entirely off-street.
d. There shall be only one ingress and one
egress from properties accommodating uses covered
by this section per each 300 feet or fraction thereof
of street frontage. If necessary to meet this
requirement, uses shall provide for shared ingress
and egress.
E. Additional Requirements As a condition of
approval of any use proposed, the Planning Director
or Hearings Body may require:
1. An increase in required setbacks.
2. Additional off-street parking and loading
facilities.
3. Limitations on signs or lighting, hours of
operation and points of ingress and egress.
4. Additional landscaping, screening and other
improvements.
F. Dimensional Standards. The following
dimensional standards shall apply:
1. Minimum Lot Size. The minimum lot size
shall be determined subject to the provisions of this
section concerning setback requirements, off-street
parking and loading.
2. Lot Coverage. Notwithstanding Section
18.61.040(C)(14), a use permitted by this section
that is located adjacent to or across the street from a
lot in a residential district shall not exceed 70 per
cent lot coverage by all buildings, storage areas or
PAGE 2 -EXHIBIT D to ORDINANCENO.97-041(5-14-97)
facilities and required off-street parking and loading
area.
3. Setbacks.
a. The minimum building setback between a
non -railroad related 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.
b. The minimum setback between a structure
and a property line adjoining a residential district
shall be 50 feet.
c. The minimum setback between a structure
and an existing use shall be three feet from the
property line and at least six feet from a structure on
the adjoining property.
4. Building Heights. The maximum building
height for any structure shall be 25 feet on any lot
adjacent to or across a street from a residential
district and 45 feet on any other lot.
5. Minimum Lot Frontage. The minimum lot
frontage shall be 50 feet.
6. Side Yard. None required, except when a
parcel or lot with a side yard adjacent to zoned
forestland shall have a minimum side yard of 100
feet.
7. Rear Yard. None required, except
when abutting a yard in a Residential District, and
then the rear yard shall be a minimum of 20 feet. A
parcel or lot with a rear yard adjacent to zoned forest
land shall have a minimum rear yard of 100 feet.
(Ord. 97-041 § 1, 1997; Ord. 97-017 § 4, 1997; Ord.
96-003 § 1, 1996)
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