1997-20349-Ordinance No. 97-048 Recorded 6/12/1997a _ �
REVIEW D
ss2 S6�
9'7.203,19
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 21 * ((j:17 2
of the Deschutes County Code, and * , t
Declaring an Emergency.
ORDINANCE NO.97-048
WHEREAS, the Urban Growth Management Agreement (Agreement) between the City of Sisters and
Deschutes County provides that Deschutes County shall retain jurisdiction over quasi judicial land use decisions
within the unincorporated urbanizable area; and
WHEREAS, ORS 215.042 provides that the governing body of Deschutes County shall designate the
individual to serve as planning director who is responsible for administration of planning; and
WHEREAS, in Title 21 of the Deschutes County Code the definition of Planning Director is in conflict
with the Agreement; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. Amendment. Section 21.04.530, Definition -Planning Director, of the Deschutes County Code is
amended to read as described in Exhibit A, attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in stfilethfough
Section 2. Amendment. Section 21.60.100, Notification of Action, of the Deschutes County Code is
amended to read as described in Exhibit B, attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in str4kethfaugh
Section 3. Amendment. Section 21.72.040, Resolution of Intent to Rezone, of the Deschutes County Code
is amended to read as described in Exhibit C, attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in s#r-ile4weugh
Section 4. Amendment. Section 21.84.010, Enforcement, of the Deschutes County Code is amended to
read as described in Exhibit D, attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in str-iledffeugh
Section 5. Amendment. Section 21.84.040, Evidence, of the Deschutes County Code is amended to read as
described in Exhibit E, attached hereto and by this reference incorporated herein, with new language underlined
and language to be deleted in st-Filethfeugh
Section 6. Amendment. Section 21.88.010, Validity, of the Deschutes County Code is amended to read as
described in Exhibit F, attached hereto and by this reference incorporated herein, with new language underlined
and language to be deleted in strikethfough
Section 7. Amendment. Subsection 21.92.010(G), Mobile Home Standards, of the Deschutes County Code
is amended to read as described in Exhibit G, attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in stfikethf,,,,g
PAGE 1 - ORDINANCENO.97-048 (6-11-1997)
(11162-p15 i'
Section 8. Amendment. Section 21.96.020. Site Plan Approval Required, of the Deschutes County Code
is amended to read as described in Exhibit H, attached hereto and by this reference incorporated herein, with new
language underlined and language to be deleted in str4 ,ethf,,ugh
Section 9. Amendment. Section 21.96.030, Site Plan: Contents and Procedure, of the Deschutes County
Code is amended to read as described in Exhibit I, attached hereto and by this reference incorporated herein, with
new language underlined and language to be deleted in s*r-iked,,.,,,,g
Section 10. Amendment. Section 21.108.080, Provisions for Parking in the General Commercial District,
of the Deschutes County Code is amended to read as described in Exhibit J, attached hereto and by this reference
incorporated herein, with new language underlined and language to be deleted in st-Filethfough
Section 11. 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 12. 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 13. 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 1 lth day of June, 1997.
,RD OF CNUNTY COI�/IMISSIONERS OF
CHUTES LINTY, GON
, Chair
ATTEST: ROrERT L. NIPPER, C
:.fes
Recording Secretary i NDA L. SWVXRING
PAGE 2 - ORDINANCE NO. 97-048 (6-11-1997)
EXHIBIT A
to Ordinance 97-048
21.04.530. Definition -Planning director.
The Dieter- of the City's
Depai4fnent ortrisate. The Planning
Director is the individual, or his or her delegate,
appointed by the Deschutes County Board of
Commissioners pursuant to ORS 215.042. (Ord.
97-048 § 1, 1997)
PAGE 1 - EXHIBIT A TO ORDINANCE 97-048 (6-11-1997)
EXHIBIT B
to Ordinance 97-048
21.60.100. Notification of action.
The Planning Director or
Hearings Body shall notify the applicant for a
conditional use in writing of the Planning
G,,..,missi Director's or Hearings Body's
action within 10 days after the decision has been
rendered. (Ord. 97-048 § 2, 1997; Ord. PL -17 §
20(10), 1979)
PAGE 1 - EXHIBIT B TO ORDINANCE 97-048 (6-11-1997) 1
EXHIBIT C
to Ordinance 97-048
21.72.040. Resolution of intent to rezone.
If, from the facts presented and findings and
the report and recommendations of the 1itYg
Comm trHearin s Officer as required by this
section, the City Gouneil and County
Commission determine that the public health,
safety, welfare and convenience will be best
served by a proposed change of zone, the City
Eeuneil 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
Gity cokineil an County Commission may feel
necessary to require in the public interest as a
prerequisite to final action, including those
provisions which th„ City r,,, neil an County
Commission may feel necessary to prevent
speculative holding of the property after
rezoning. T-- fid4liment of all nditions
Git C it and County Go missir ni Such a
resolution shall not be used to justify spot zoning
to create unauthorized zoning categories by
excluding uses otherwise pennitted in the
proposed zoning.Upon—eempletien E)
eemplianee -aetien by the applieant, the Ci
Eetinei-1-and Cert, Commission shall, bT
A. Content of Site Plan. Where a site plan
is required pursuant to Chapter 21.96, 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,
0162-0 ��4
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, including locations, area and design
of signs, all landscaping 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 Ems--Council—ate County
Commission. Upon compliance with the
resolution by the applicant, the City (`ounei1 and
County Commission shall, by ordinance, effect
such fee lass ifiea4ief rezoning.
C. Resolution of Intent Void Upon Failure
to Comply. The failure of the applicant to
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 theme Gatineil -ara County
Commission upon recommendation of the
Planning Commissioa Hearings Officer. (Ord.
97-048 § 3, 1997; Ord. 95-050 § 30, 1995; Ord.
PL -17 § 23(6), 1979)
PAGE 1 - EXHIBIT C TO ORDINANCE 97-048 (6-11-1997) 1
0162-0161
EXHIBI'T D
to Ordinance 97-048
21.84.010. Enforcement.
It shall be the duty of the Planning Director
to enforce this title. All departments, officials
and public employees of the Gity of Sisters
County, vested with the duty or authority to issue
permits shall conform to the provisions of this
title and shall issue no permit, certificate or
license for any use, building or purpose which
violates or fails to comply with conditions or
standards imposed by this title. Any permit,
certificate or license issued in conflict with the
provisions of this title, intentionally or otherwise,
shall be void. (Ord. 97-048 § 4; 1997; PL -17 §
26(1),1979)
PAGE I - EXHIBIT D TO ORDINANCE 97-048 (6-11-1997) 1
0162=0162
EXHIBIT E
to Ordinance 97-048
21.84.040. Evidence.
In any prosecution for causing or maintaining
any condition or use of, or activity on, or
constructing, moving or maintaining any
structure on, any premises in violation of this
zoning title, a person in possession or control of
the premises, as owner or lessee at the time of the
violation, or continuance thereof, shall be
presumed to be the person who constructed,
moved, caused or maintained the unlawful
activity, use, condition or structure. This
presumption shall be rebuttable and either -44e
Gi*yoi1 Deschutes County or the defendant
in such prosecution shall have the right to show
that the offense was committed by some person
other than, or in addition to, an owner or lessee or
other persons in possession or control of the
premises; but this shall not be construed as
relieving a person in possession and control of
property from any duty imposed upon him by this
taxed according to the records of the Deschutes
County Assessor shall be prima facie the person
in possession or control of the premises. Where
premises on which the violation is committed are
commercial or industrial premises on which a
sign is situated identifying the commercial or
industrial activity conducted thereof, the same
shall constitute prima facie evidence that the
person whose name is thus displayed is in
possession or control of the premises as owner or
lessee, but this shall not be construed to relieve
from responsibility any agent, manager,
employee or other person who actually
committed the violation. (Ord. 97-048 § 5, 1997;
Ord. PL -17 § 26(4),1979)
PAGE 1 - EXHIBIT E TO ORDINANCE 97-048 (6-11-1997) 1
EXHIBIT F
to Ordinance 97-048
21.88.010. Validity.
If any section, subsection, sentence, clause or
phrase of this title is for any reason held by a
court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the
remaining portions of this title. The City Couned
for the City of Cis* County Commission
hereby declares that it would have passed this
title, and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact
that any one or more sections, subsections,
sentences, clauses or phrases might be declared
invalid. (Ord. 97-048 § 6, 1997; Ord. PL -17 § 27,
1979)
PAGE 1 - EXHIBIT F TO ORDINANCE 97-048 (6-11-1997)
1
0162-0164
EXHIBIT G
to Ordinance 97-048
21.92.010. Provisions applying to special
include other site constructed buildings or
uses.
structures.
5. Additions to Mobile Homes. No
* * * *
additions to mobile homes will be allowed that
G. Mobile Home Standards. Mobile homes
would extend residential space of the original
not meeting structural criteria as established in
dwelling. A canopied porch(s), or patio(s) will be
this title, and allowed on individual lots, mobile
allowed at each entrance, only if the canopy
home subdivisions or planned unit developments,
material is of a type that is identical to the
or in mobile home parks, shall meet the following
construction of, or covering of, the mobile home,
minimum requirements:
or of materials that enhance the design of the
1. Insignia of Compliance. The mobile
mobile home.
home shall conform to the current Oregon State
6. Storage and Accessory Requirements.
Electrical, plumbing, heating and structural codes
Each mobile home shall be provided with an
for mobile homes, whose conformance shall be
accessory building which encloses a minimum of
signified by the display of the "Insignia of
70 square feet, for accessory storage. No storage
Compliance" of the State of Oregon, pursuant to,
will be allowed under the mobile home, nor in
and under provisions of Oregon Revised Statutes
unscreened, or enclosed areas. The accessory
446.002 and ORS 446.200, and all subsequent
storage building shall be constructed to Uniform
amendments thereto.
Building Code Standards. Construction of the
2. Skirting. All nonpermanent mobile
required storage building shall be completed
homes shall have continuous skirting of
within 60 days of the date of issuance of the
nondecaying, noncorroding, rodent -proof
building permit.
material. Skirting shall be vented, and insulated
7. Special Setbacks. Special setbacks, as
to an R -value as required for foundation
determined by the Planning , Director
insulation for a modular, or on-site built home.
or Hearings Body as an element of Site Plan
An 18x24 inch access shall be provided in the
Review, Conditional Use, or Variance hearing,
skirting. Skirting shall be installed within 60
may be required in areas with scenic impact, and
days of the date of issuance of the building
in all areas designated for Landscape
permit.
Management or open space on the
3. Foundations. All mobile homes not
Comprehensive Plan Map. Also, special setbacks
meeting the structural criteria as outlined in the
and landscape requirements may be required
title, placed on individual lots, or in mobile home
where subject property adjoins frame dwelling, or
subdivisions or planned unit developments, as a
modular home, residential units.
permanent location, shall be placed on a
8. Spatial Requirements. The lot size
foundation constructed to, or exceeding Oregon
requirements for mobile homes, either on
and Deschutes County Structural Codes for
individual lots, mobile home subdivisions, or
footings and foundations, and insulation, and
planned unit developments, or in mobile home
permanently attached to a noncorrosive,
parks, shall be the same as for standard
nondecaying plate that is integrated as a part of
residential units, or modular homes in the same
that foundation.
residential district, those standards being based
4. Permits. A building permit shall be
on the spatial requirement for individual, on-site
obtained from the Building Official prior to
sewage disposal systems. If eventually connected
construction of any footings and foundations, or
to community sewerage, the mobile home density
prior to moving in and locating of any mobile
shall not exceed the allowed housing unit density
home on any tract of land. Said permits shall
PAGE 1 - EXHIBIT G TO ORDINANCE 97-048 (6-11-1997) 1
0162-0165
ascribed to the residential district within which
they are located.
9. Temporary Mobile Home Permits.
Temporary use permits for mobile homes may be
authorized by the Planning Director
or Hearings Body in the following circumstances,
upon such terms and conditions as prescribed by
the Planning Commission Director or Hearings
Body:
a. Temporary use permits may be granted
to schools for a specified time;
b. Temporary use permits may be granted
in residential zones for blood relatives of the
family residing on the property, if the mobile
home will be used because of a medical problem
requiring the use of such a unit. The existence of
a medical problem shall be certified by a medical
doctor, with description that such a location, for
minimum nursing and/or care, will be beneficial
to the patient. The permit shall not exceed one
year and may only be renewed with another
certificate from a medical doctor. Such a mobile
home placement shall not infringe upon the
spatial requirement for individual on-site sewage
disposal systems, nor their assigned replacement
area, for the long-term residential unit on the
property;
c. Temporary use permits may be granted
in connection with construction projects
including temporary residence, commercial use
associated with other facilities being constructed
at the site. The duration of such permits shall not
continue beyond the construction period and the
permit shall terminate upon occupancy of the
building being constructed. Set up requirements
for such permitted temporary location mobile
homes shall be by the standard for nonpermanent
mobile homes, as outlined in this title, and the
Oregon building, electrical, plumbing, and
structural codes for mobile homes.
PAGE 2 - EXHIBIT G TO ORDINANCE 97-048 (6-11-1997)
2
0162-0166
EXHIBIT H
to Ordinance 97-048
21.96.020. 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
Director or Hearings Body.
A. The provisions of this section apply to
developments and uses contained in the zoning
ordinance as follows:
1. Multi -family dwellings.
2. Planned unit developments.
3. Mobile home parks.
4. Commercial zones.
5. Commercial - Industrial zones.
6. Industrial zones.
7. Conditional uses where specified in
each zone.
B. A site plan must be tiled under the
following conditions:
1. New buildings or structures.
2. Building alterations affecting the
exterior design and/or dimensions of an existing
structure.
3. Porches, decks and canopy additions.
4. Any new permitted land use on
undeveloped property, such as parking lots,
concession stands, storage yards, etc.
5. Site grading of property affecting or
altering the on-site or off-site drainage.
6. Signs within the commercial zones.
7. A change of use within a zone unless
the site already complies with all of the standards
of this title.
C. All conditions of site plan approval
required by the Planning Gemmission Director or
Hearings Body shall be complied with prior to
obtaining any required permits or licenses.
D. Noncompliance with an approved site
plan and any conditions of approval shall be a
zoning violation. (Ord. 97-048 § 8, 1997; Ord.
95-050 § 33, 1995; Ord. 80-225, Ex. A., 1980;
PL -17 § 29(2), 1979)
PAGE 1 - EXHIBIT H TO ORDINANCE 97-048 (6-11-1997) 1
0162-0167
EXHIBIT I
to Ordinance
97-048
21.96.030. Site plan: contents and procedure.
D. The landscape plan shall indicate:
A. Any site plan shall be filed on a form as
l . The size, species, and approximate
provided by the Planning Department and shall
locations of existing natural plant materials
be accompanied by such drawings, sketches, and
proposed to be retained, and new plant materials
descriptions as the-C4ty Planning Director deems
proposed to be placed on site.
necessary to describe the proposed development.
2. Proposed site grading.
A plan shall not be deemed complete unless all
3. An explanation of how drainage and
information requested is provided.
soil erosion is to be dealt with during and after
B. The applicant shall submit a site
construction. (Ord. 97-048 § 9, 1997; Ord.
development plan, existing natural plant materials
80-225, Ex. A., 1980; Ord. PL -17 § 29(3), 1979)
inventory of all trees six inches or greater in
diameter and other significant species, landscape
plan, and architectural drawings (indicating floor
plans and elevations) with the following
information.
C. The final site development plan shall
indicate the following:
1. Access to site from adjacent rights of
way, streets and arterials.
2. Parking and circulation areas.
3. Location, dimensions (height and bulk)
and design of buildings and signs.
4. Orientation of windows and doors.
5. Entrances and exits.
6. Private and shared outdoor recreation
spaces.
7. Pedestrian circulation.
8. Public play areas.
9. Service areas for uses such as mail
delivery, trash disposal, above -ground utilities,
loading and delivery.
10. Areas to be landscaped.
11. Exterior lighting.
12. Special provisions for handicapped
persons.
13. Existing topography of the site at
intervals appropriate to the site; but in no case
having a contour interval greater than 10 feet.
14. Signs.
15. Elevations of all visible sides of
buildings consistent with Chapter 21.104.
16. Other site elements and information
which will assist in the evaluation of site
development.
17. Public improvements.
PAGE I - EXHIBIT I TO ORDINANCE 97-048 (6-11-1997) 1
EXI11B1T J
to Ordinance 97-048
21.108.080. Provisions for parking in the
general commercial district.
The same spatial requirements for parking for
allowed uses in other Commercial District shall
apply as required by this Section. Where, during
site plan review, the applicant can show the
existence of unreserved, diagonal "on -street"
parking area, on streets not designated wither as
urban highway or arterial, within 300 feet from
the site of proposal, the applicant will be allowed
to consider, upon development of an impervious
surface to the standards of this Section, with
parking bumpers, sidewalk, and curbing, a
portion of his parking area requirement as being
satisfied, upon approval by the Planning
CaFamiss" Director or Hearings Body. (Ord.
97-048 § 10, 1997; Ord. PL -17 § 32(8), 1979)
PAGE 1 - EXHIBIT J TO ORDINANCE 97-048 (6-11-1997) 1