1998-57735-Ordinance No. 98-083 Recorded 12/3/1998t
REVIEWED TO FORM 1.69 ,� 2977
• ; REVIEWS®
CODIr REVIEW COMM. 98-x57735
LEGAL COUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
* 98 DEC -3 PH 1
An Ordinance Amending Title 19A, the Bend
Urban Area Zoning Ordinance, to Add Three New Mi' ARY SUE i EwiOLL0 W
Zoning Districts and Amending Existing Residential COUNTY CLERK
Zones and Declaring an Emergency.
ORDINANCE NO. 98-083
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. ADDING. That Deschutes County Code Title 19A is hereby amended by
the addition of a new zoning district as Section 21B, Mixed Employment (ME) Zone, as set forth
in Exhibit "A," attached hereto and by this reference incorporated herein.
Section 2. ADDING. ' That Deschutes County Code Title 19A is hereby amended by
the addition of a new zoning district as Section 21C, Public Facilities (PF) Zone, as set forth in
Exhibit `B," attached hereto and by this reference incorporated herein.
Section 3. ADDING. That Deschutes County Code Title 19A is hereby amended by
the addition of a new zoning district as Section 11A, Medium Density Residential -10 (RM -10)
Zone, as set forth in Exhibit "C," attached hereto and by this reference incorporated herein.
Section 4. AMENDMENT. That Deschutes County Code Chapter 19A, Section 10, RS
Zone, is amended to read as set forth respectively in Exhibit "D," attached hereto and by
reference incorporated herein, with new language in bold type and deletions in strikethrough.
Section 5. AMENDMENT. That Deschutes County Code Chapter 19A, Section 11, RM
Zone, is amended to read as set forth respectively in Exhibit "E," attached hereto and by
reference incorporated herein, with new language in bold type and deletions in strikethrough.
Section 6. AMENDMENT. That Deschutes County Code Chapter 19A, Section 12, RH
Zone, is amended to read as set forth respectively in Exhibit "F," attached hereto and by
reference incorporated herein, with new language in bold type and deletions in strikethrough.
Section 7. SEVERABILITY. The provisions of this ordinance are severable. If any
section, sentence, clause or phrase of this ordinance is judged to be invalid by a court of
competent jurisdiction, that decision shall not affect the validity of the remaining portions of this
ordinance.
Section 8. 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
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MICROFILMED
Page I of 2 - ORDINANCE NO. 98-083 (11/25/98) DEC 2
58
DEC 3 O A98
1.69 - 2978
codifications 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 9. 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 25th day of November, 1998.
ATTEST:
(111-10-1 T-
Recording Secretary
BOARD OF COUNTY COMMISSIONERS OF
L DA L. SWEARINGEN, Commissioner
Page 2 of 2 - ORDINANCE NO. 98-083 (11/25/98)
1.69 2979
Section 21B , Mixed Employment Zone or ME Zone.
(1) Purpose. The zone is designed to provide for a mix of uses such as office, retail,
services, light manufacturing and warehousing that offer a variety of
employment opportunities in an aesthetic environment and having a minimal
impact on surrounding uses.
(2) Permitted Uses. The following uses are permitted in the ME Zone subject to the
provisions of Design Review and Site Plan review in Section 23 and Section 23
A.
(a) Automobile and truck repair and service, provided wholly within an
enclosed building.
(b) Automobile, truck, and recreation vehicle sales of new vehicles,
including service facilities and outdoor storage of vehicles.
(c ) Bakery for wholesale and retail distribution.
(d) Banks, savings and loan institutions, credit unions and other financial
institutions.
(e) Barber, beauty shop, hair dresser, and similar cosmetology services.
(f) Business services including copying, blueprinting, photo reproduction,
package distribution, electronic communications, accounting,
secretarial, travel agency, building maintenance, and security services.
(g) Contractor equipment storage and operation yards, and rental of
equipment and machinery commonly used by contractors.
(h) Creamery, soft drink bottling plant, alcoholic beverage bottling plant,
and similar uses.
(i) Dwelling unit for a caretaker or watchman working on the property.
(j) Existing residential uses, without any increase in density.
(k) Educational or training facilities.
(1) Fitness facility or health center, to include child care for patrons only,
related administrative offices, related retail for exercise clothing and
equipment and sale of refreshments.
(m) Hotels, motels, boarding houses and similar lodging facilities.
Page 1 of 4 — Exhibit "A" to ORDINANCE NO. 98-083
169 - 2980
(n) Laundry, dry cleaning, and fabric dying.
(o) Light manufacturing, assembly, fabricating or packaging of products
from previously prepared materials such as cloth, plastic, paper,
leather, precious or semi-precious metals or stones.
(p) Manufacture, testing and assembly of electric, electronic, photographic
or optical instruments, equipment or software.
(q) Manufacture, assembly and packaging of food products,
pharmaceuticals, and beverages, but not including the production of
fermented foods, such as sauerkraut, vinegar, or the like, or the
rendering of fats and oils.
(r) Motion picture and video production sound stages and studios, and
television, or radio broadcasting studios.
(s) Offices for designers, engineers, planners, computer technicians,
architects, surveyors, realtors, property appraisers, insurance agents,
travel agents, and similar professional offices.
(t) Offices and clinics for medical doctors, dentists, ophthalmologists,
opticians, and similar practitioners of the and healing arts.
(u) Printing, publishing, lithography, and book binding.
(v) Retail stores and shops not to exceed 20,000 square feet in gross floor
area.
(w) Restaurants, delicatessens, coffee shops, taverns without drive -up
window service.
(x) Scientific research or experimental development of non -hazardous
materials, methods or products including engineering and laboratory
research.
(y) Warehouse and distribution or shipping center for prepared goods or
packaged items.
(z) Wholesale and retail storage facilities, including mini -warehouse
operations.
(aa) Wholesale and retail laundry supply and cleaners.
(ab) Wholesale and retail sales of lumber, electrical, plumbing, mechanical,
and other construction materials.
Page 2 of 4 — Exhibit "A" to ORDINANCE NO. 98-083
169 2991
(ac) Wholesale and retail sales of agricultural machinery, farm products,
feed, seed, and similar agricultural products.
(ad) Veterinary office or clinic conducted within an enclosed building.
(ae) Administrative offices, day care facility, training facilities and similar
secondary activities and facilities provided for the employees of a
permitted or conditional use on the site of such use.
(3) Conditional Uses. The following conditional uses may be permitted subject to a
Conditional Use Permit and the provisions of Sections 23 and 29.
(a) Public buildings and public utility structures and yards, including
railroad yards.
(b) Restaurant, delicatessen, and other food service uses with drive -up
windows.
(c) Storage or distribution center for heating oil, vehicle fuel oil, bottle gas,
and similar hazardous materials.
(d) Commercial day nursery or day care facility that is not part of a service
for employees of a permitted or conditional use.
(e) Multiple housing units as a secondary use to a permitted or conditional
use, and located above or behind such permitted or conditional use.
(f) Automobile service station, also subject to Section 25, Provisions
Applying to Special Uses.
(g) Used automobile, truck, recreation vehicle, and heavy equipment sales
lots, including outdoor storage of vehicles.
(h) Preparation and distribution center for pumice, rock, concrete and
similar construction products.
(i) Buildings exceeding 45 feet in height.
(4) Height Regulations. No building or structure shall be hereafter erected, enlarged
or structurally altered to exceed a height of 45 feet, without a Conditional Use
Permit approval.
(5) Lot Requirements. The following lot requirements shall be observed:
(a) Lot Area: Each lot shall have a minimum area of 6,000 square feet.
Page 3 of 4 — Exhibit "A" to ORDINANCE NO. 98-083
1.6-9 - 2982
(b) Lot Width: No requirements.
(c) Lot Depth: Each lot shall have a minimum depth of 100 feet.
(d) Front Yard: The front yard setback area shall be a minimum of 10 feet.
(e) Side yard: None except a side yard setback area shall be a minimum of
15 feet when abutting a lot in a residential zone.
(f) Rear Yard: None except a rear yard setback area shall be a minimum
of 15 feet when abutting a lot in a residential zone.
(g) Lot Coverage: The maximum lot coverage by buildings and structures
shall be 50 percent of the total lot area.
(6) Off -Street Parking and Loading. Off-street parking and loading space shall be
provided as required in Section 24.
(7) Other Required Conditions.
(a) Other yards and unused property on a developed site shall be
landscaped and maintained.
(b) Any use, or portion thereof, causing noise shall be performed in such a
manner as not to create a nuisance or hazard on any adjacent property.
(c) Any use or portion thereof causing vibration shall be performed in such
a manner as not to create a nuisance or hazard on any adjacent
property.
(d) Any operation producing intense heat or glare shall be performed in
such a manner as not to create a nuisance or hazard on adjacent
property.
(e) There shall be no emission of odorous, toxic, noxious matter, or dust in
such quantities as to be readily detectable at any point along or outside
property lines so as to produce a public nuisance or hazard.
(f) Fences, walls or hedges may be required by the Site Plan Committee if,
in the opinion of the Committee, such screening is necessary to protect
the residential quality of adjacent property in any residential zone.
Page 4 of 4 — Exhibit "A" to ORDINANCE NO. 98-083
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Section 2 1 C Public Facilities Zone or PF Zone
(1) Purpose. The PF Zone is intended to provide area for buildings and facilities
that are owned and operated by federal, state, or local governments, public
utilities, special districts, or non-profit organizations, and which are occupied
to provide governmental or public services. This zone is also intended to
provide for school sites, public park and recreational facilities, natural areas,
trails, wetlands, and similar types of open space owned and managed by a
local government or special district.
(2) Permitted Uses. The following uses are permitted in a PF Public Facilities Zone,
subject to the provisions of Section 23, Site Plan review.
(a) Public buildings such as city hall, county courthouse, administrative
buildings, library, museum, fire station, public safety training
facilities, and similar structures, but excluding correctional facilities.
(b) Public parks, playgrounds, swimming pool, skateboard park,
pedestrian/bicycle trails and similar public recreation facilities.
(c) Public play fields, sports complexes and similar recreational facilities
without night lighting for play fields, and without amplified sound
systems.
(d) Publicly owned and operated community meeting halls, lodges, and
conference halls open to and used by the general public.
(e) Public reservoirs, well sites, pump stations, and similar utility
buildings or structures.
(f) Elementary schools operated by the Bend -La Pine School District.
(g) Public college or university.
(h) Trails, natural areas, open space, future park sites, and similar public
or special district owned lands with no or minimal improvements.
(i) Accessory uses and buildings customarily used to support a permitted
use or an approved conditional use.
(j) Minor repairs and maintenance to any permitted or conditional use.
(k) Parking lots and parking areas to serve a permitted or conditional
use.
(3) Conditional Uses. The following conditional uses may be permitted subject
to the provisions of Section 29.
Page 1 of 3 — Exhibit `B" to ORDINANCE NO. 98-083
169 - 2984
(a) Public utility maintenance facilities and operation yards with outdoor
storage of materials and supplies.
(b) Middle and High schools operated by the Bend -La Pine School
District.
(c) Magnet schools or other special schools operated by the Bend -La Pine
School District.
(d) Ball fields, sport complexes, and similar outdoor recreational areas
that have night lighting or amplified sound systems.
(e) . Public transmission tower sites.
(f) County solid waste disposal sites or solid waste transfer sites.
(g) Correctional facilities for adults and juveniles including work farms
and training centers.
(h) Park sites with outdoor amphitheater or facilities for community
events such as music or theater performances, and similar events.
(i) Buildings or structures that are more than 35 feet in height.
(4) Lot Requirements.
(a) Lot Area. No requirement.
(b) Lot Width. No requirement.
(c) Lot Depth. No requirement.
(d) Front Yard Setback. None, except when abutting a lot in an
residential zone, then the front yard setback to a building or parking
area shall be the required setback in the abutting residential zone.
(e) Side and Rear Yard Setback. None, except when abutting a lot in an
residential zone, then the structure setback shall be a minimum of 10
feet. The required side and rear yard setback shall be increased by
one-half foot for each foot by which the structure exceeds 20 feet in
height.
(f) Lot Coverage. No maximum requirement.
(5) Off -Street Parking Requirements.
Page 2 of 3 — Exhibit `B" to ORDINANCE NO. 98-083
169 --2985
(a) Parking and loading areas abutting or directly across the street from
a residential zone shall be setback from the right-of-way line at least
the same distance as required in the residential zone. The parking
and loading setback area shall be appropriately landscaped along the
residential street frontage to protect the character of the adjoining
residential property.
(b) The number of off-street parking and loading spaces shall be
provided as required in Section 10.24.
(6) Other Required Conditions.
(a) All service, repair, processing, or storage on property abutting or
across the street from a lot in a residential zone shall be conducted
wholly within an enclosed building unless screened from the
residential zone by a site -obscuring fence or wall.
Page 3 of 3 — Exhibit `B" to ORDINANCE NO. 98-083
169 - 2986
Section 11 A _. Urban Medium -10 Residential Zone, or RM -10 Zone.
(1) Purpose. This zone is intended to provide for the development of manufactured
home parks and low density multiple family residential structures where such
buildings are reasonably spaced on the lot to provide for light, air, privacy, safety
and insulation against transmission of sound in areas with sewer and water services.
Each development of two or more units is subject to Site Plan approval as provided
in Section 23.
(2) Permitted Uses. The following uses are permitted:
(a) Mobile home park, subject to the provisions of Subsection (8) of
Section 25.
(b) Two-family dwelling or duplex.
(c) Two single-family dwellings on one lot, provided that no dwelling is
located within 10 feet of any other dwelling on the same lot, and also
provided that all lot area, yard and coverage requirements set forth in
Subsection (5) of Section 11 are observed. There shall be provided for
the rear dwelling unoccupied and unobstructed access not less than 15
feet wide to the street fronting the lot.
(d) Multiple -family dwellings, apartment houses, dwelling group, and
condominiums.
(e) Farming, excluding the keeping of livestock.
(f) Home occupations in a detached single-family dwelling unit or duplex
and subject to the provisions of Subsection (15) of Section 25.
(g) Offices incidental and necessary to the conduct of a permitted use.
(h) Off-street parking lots when appurtenant to a permitted use.
(i) Day care, kindergarten, nursery school
(3) Conditional Uses. The following conditional uses may be permitted subject to a
Conditional Use Permit and the provisions of Section 29.
(a) Nursing homes, rooming and boarding houses.
(b) Churches.
(c) Public, parochial, private schools, not including business, trade,
technical or similar schools.
Page 1 of 3 — Exhibit "C" to ORDINANCE NO. 98-083
169 -- 2967
(d) Parks and recreation facilities, fire stations, libraries, museums; but
not including storage or repair yards, warehouses and similar uses.
(e) Planned Unit Developments subject to the provisions of Section 30.
(f) Utility substations or pumping stations with no equipment storage
and sewage treatment facilities.
(g) Off-street parking lots when contiguous to a less restrictive zone.
(h) Buildings over 30 feet in height.
(j) Moving and location of a dwelling built prior to January 1, 1961.
(k) Single-family dwelling.
(1) Radio and television transmission facilities.
(m) Timeshare Unit or the creation thereof, subject to the provisions of
Section 25.
(n) Hydroelectric facility, subject to the provisions of Subsection (20) of
Section 25.
(4) Height Regulations. No building or structure shall be hereafter erected,
enlarged or structurally altered to exceed a height of 30 feet without approval of a
Conditional Use Permit.
(5) Lot Requirements. The following lot requirements shall be observed:
(a) Lot Area: Every lot shall have a minimum area of 4,000 square feet
for the first unit plus 4,000 feet for each additional unit, provided that
manufactured home park spaces are as small as allowed by State law
and provided the park density as a whole does not exceed 10 units per
gross acre.
(b) Lot Width: Every lot shall have a minimum width of 50 feet.
(c) Front Yard: The front yard shall be a minimum of 10 feet except a
garage or carport shall be setback a minimum of 20 feet.
(d) Side Yard: There shall be a minimum side yard of 5 feet and the sum
of the side yards shall be a minimum of 10 feet. The side yards shall
be increased by % foot for each foot by which building height exceeds
15 feet.
Page 2 of 3 — Exhibit "C" to ORDINANCE NO. 98-083
169 - 2988
(e) Rear Yard: There shall be a rear yard having a depth of not less than
5 feet. The rear yard shall be increased by V2 foot for each foot by
which the building height exceeds 15 feet.
(f) Side and rear yard setbacks for duplexes and triplexes are subject to
standards in Section 23 (d) and (e).
(g) Lot Coverage: Maximum lot coverage by buildings and structures
shall be 40 percent of the total lot area.
(h) Zero Lot Line Subdivision or Partition: Regulations for a side yard
setback may be waived for an approved zero lot line subdivision or
partition.
(i) Solar Setback: The solar setback as prescribed in Section 26A.
(6) Off -Street Parking. Off-street parking shall be provided as required in Section
24.
(7) Special Yards and Distances Between Buildings. The following special yards
and distances between buildings shall be observed:
(a) An inner court providing access to double -row dwelling groups shall
be a minimum of 20 feet.
(b) The distance between principal buildings shall be at least 10 feet. This
requirement shall also apply to portions of the same building
separated from each other by a court or other open space.
Page 3 of 3 — Exhibit "C" to ORDINANCE NO. 98-083
i.6 2969,
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Section 10 . Urban Standard Residential Zone or RS Zone.
(1) Purpose. The RS Zone is intended to provide for the most common urban
residential densities in places where community sewer services are or will be available
and to encourage, accommodate, maintain and protect a suitable environment for family
living.
(2) Permitted Uses. The following uses are permitted:
25.
(a) Single-family dwelling.
(b) Agriculture, excluding the keeping of livestock.
(c) Rooming and boarding of not more than two persons.
(d) Home occupations subject to the provisions of Subsection (15) of Section
(e)[W]Park rehabilitation, minor betterment and repairs.
(f) Accessory dwelling in a subdivision or Planned Unit Development
(PUD) approved after December 2, 1998, provided that overall density
in subdivision or PUD does not exceed 7.3 dwelling units per gross
acre.
(3) Conditional Uses. The following conditional uses may be permitted subject to a
Conditional Use Permit and the provisions of Section 29.
(a) Mobile home subdivision subject to standards of Subsection (11) of
Section 25.
(b) Churches.
(c) Cemeteries and mausoleums, crematories, columbariums and mortuaries
within cemeteries provided that no mortuary or crematorium is within 100
feet of a boundary street, or where no street borders the cemetery, within
200 feet of a lot in a residential zone.
Page 1 of 4 — Exhibit "D" to ORDINANCE NO. 98-083
- 1.69- 2990
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(e) Public, parochial and private schools, including nursery schools,
kindergartens and day nurseries; but not including business, dancing,
trade, technical or similar schools.
(f) Parks and recreation facilities, fire stations, libraries, museums, but not
including storage or repair yards, warehouses or similar uses.
(g) Recreation facility, including country clubs, golf courses, swimming
clubs, tennis clubs; but not including such intensive commercial recreation
uses as a race track or amusement park.
(h) Utility substations or pumping stations with no equipment storage and
sewage treatment facilities.
(i) Planned Unit Developments subject to provisions of Section 30.
0) Temporary subdivision tract offices.
(k) Rear lot development subject to [cite Plan Appfeval ., „provided ita
$ems] Subsection (14) of Section 25.
(1) Lodge and fraternal organizations, except those carried on as a business
for profit.
(m) Duplex in areas designated RS provided that each lot occupied by a duplex
shall have a minimum area of 12,000 square feet for lots created before
December 2, 1998, or 8,000 square feet for lots created after
December 2, 1998.
(n) Two single-family dwellings on one lot in areas designated RS provided
that each lot occupied by two single-family dwellings shall have a
minimum area of 12,000 square feet for lots created before December 2,
1998 and 8,000 for lots created after December 2, 1998, and also
provided that all yard and coverage requirements set forth in Subsection
(5) of Section 10 are observed. In addition, no dwelling unit shall be
located within 10 feet of any other dwelling unit on the same lot. There
shall be provided for the rear dwelling unoccupied and unobstructed
access not less than 15 feet wide to the street fronting the lot.
(o) Keeping of livestock, subject to Subsection (7) of Section 25.
(p) Moving in a single-family dwelling built prior to January 1, 1961.
Page 2 of 4 — Exhibit "D" to ORDINANCE NO. 98-083
25.
(20).
169 - 2991
(q) Mobile home park.
(r) Radio and television transmission facilities.
(s) Plant nursery subject to Section 25, Subsection (19).
(t) Condominiums.
(u) A building or structure over 30 feet in height.
(v) Timeshare unit or the creation thereof, subject to the provisions of Section
(w) Bed and Breakfast Inn, subject to the standards set forth in Section 25(24).
(y) Hydroelectric facility, subject to the provisions of Section 25, Subsection
(z) Diagnostic testing and counseling service for allegedly abused children,
limited specifically to Lots 5, 6, 7 and 8, Block 25, NW Townsite
Company's Second Addition to Bend.
(aa) Public or not for profit facility that provides temporary residential care or
shelter. Such facility shall be licensed by the State of Oregon and be
within 1000 feet of an arterial street.
(bb) Other dwelling types when part of a new master planned subdivision
or Planned Unit Development (PUD) approved after December 2,
1998, that provides and protects areas of special interest and/or open
space approved by the City.
(4) Height Regulations. No building or structure shall be hereafter erected, enlarged
or structurally altered to exceed 30 feet in height without a conditional use permit.
(5) Lot Requirements. The following lot requirements shall be observed, provided,
that the [Hea gs-Body] approval authority may allow smaller lots or different housing
types in a new subdivision or Planned Unit Development (PUD) approved pursuant to
this ordinance and consistent with the Comprehensive Plan designations for preservation
of [ ] areas of significant interest when
these lots or housing types are internal to the subdivision or PUD [after- hearing if the .
(a) Lot Area: A lot in a subdivision or planned unit development approved
after (date of adoption) shall have a minimum area of 4,000 square feet provided
that the overall density does not exceed 7.3 dwellings gross per acre, and provided
Page 3 of 4 — Exhibit "D" to ORDINANCE NO. 98-083
169 - 2992
that where new subdivisions abut lots of 20,000 square feet or less the exterior lots
shall be at least 75% of the abutting lot sizes and lot lines or be approved through a
hearing process. All other [lam] lots shall have a minimum area of 6,000 square feet.
(b) Lot width: [Every] L[o]ots shall have a minimum width of 60 feet[.]
except in subdivisions or Planned Unit Developments (PUDs), approved after
December 2, 1998, where the minimum width is 40 feet.
(c) Front Yard: The front yard shall be a minimum of 20 feet except an
existing 40 or 50 foot corner lot may have one front yard of 10 feet, provided that the
garage or carport is at least 20 feet from the property line, or a minimum of 10 feet from
the property line when the following conditions exist:
A. The lot is within a subdivision platted after [the date of adeption e
this ] August 6, 1997 and the garage is setback a minimum of 20 feet from the
front property line; and
B. The lot fronts on a public or private street.
(d) Side Yard: A side yard shall be a minimum of 5 feet and the sum of the
two side yards shall be a minimum of 15 feet[.] except that in subdivisions or Planned
Unit Developments (PVDs) approved after December 2, 1998, a side yard shall be a
minimum of at least 5 feet and the sum of the two side yards shall be a minimum of
10 feet except for zero lot line subdivisions approved pursuant to the City's
subdivision ordinance.
(e) Rear Yard: The rear yard shall be a minimum of 5 feet.
(f) Lot Coverage: Maximum lot coverage by buildings and structures shall be
35 percent of the lot area.
(h) Solar Setback: The solar setback as prescribed in Section 26A.
(6) Off -Street Parking. Off-street parking shall be provided as required in Section 24.
(7) Other Required Conditions. See Section 25 applying to Special Uses.
Page 4 of 4 — Exhibit "D" to ORDINANCE NO. 98-083
169 �- 2993
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Section 11 , Urban Medium Density Residential Zone, or RM Zone.
(1) Purpose. This zone is intended to provide for the development of [law] medium
density multiple -family residential structures where such buildings are reasonably spaced
on the lot to provide for light, air, privacy, safety and insulation against transmission of
sound in areas with [eemmunit] sewer and water services. Each development of two
or more units is subject to Site Plan approval as provided in Section 23.
(2) Permitted Uses. The following uses are permitted:
(a) Two-family dwelling or duplex.
(b) Two single-family dwellings on one lot, provided that no dwelling is
located within 10 feet of any other dwelling on the same lot, and also
provided that all lot area, yard and coverage requirements set forth in
Subsection (5) of Section 11 are observed. There shall be provided for the
rear dwelling unoccupied and unobstructed access not less than 15 feet
wide to the street fronting the lot.
(c) Multiple -family dwellings, apartment houses, dwelling group, and
condominiums.
25.
(d) Farming, excluding the keeping of livestock.
(e) Home occupations in a detached single-family dwelling unit or duplex and
subject to the provisions of Subsection (15) of Section 25.
(f) Offices incidental and necessary to the conduct of a permitted use.
(g) Off-street parking lots when appurtenant to a permitted use.
(h) Mobile home park, subject to the provisions of Subsection (8) of Section
(i) Day care, kindergarten, nursery school.
(3) Conditional Uses. The following conditional uses may be permitted subject to a
Conditional Use Permit and the provisions of Section 29.
(a) Nursing homes, rooming and boarding houses.
(b) Churches.
Page 1 of 4 — Exhibit "E" to ORDINANCE NO. 98-083
25.
169- - 2994
(c) Public, parochial, [wee] and private schools, not including business,
trade, technical or similar schools.
(d) Parks and recreation facilities, fire stations, libraries, museums, but not
including storage or repair yards, warehouses and similar uses.
(e) Planned Unit Developments subject to the provisions of Section 30.
(f) Utility substations or pumping stations with no equipment storage and
sewage treatment facilities.
(g) Off-street parking lots when contiguous to a less restrictive zone.
(h) Buildings over 30 feet in height.
0) Moving and location of a dwelling built prior to January 1, 1961.
(k) Single-family detached dwelling.
(1) Radio and television transmission facilities.
(m) Timeshare Unit or the creation thereof, subject to the provisions of Section
(n) Offices for dentist, physician, or other practitioner of the healing arts,
including physical therapy; medical, dental, and healing arts clinics and
laboratories and pharmacies that are located within a medical, dental, or
healing arts clinic or office in the following described area only:
A tract of land in the NE 1/4 NW 1/4 Section 34, T. 17 S., R. 12 E., W.M.,
Deschutes County, Oregon, more particularly described as follows:
commencing at the north quarter corner of said Section 34, thence S. 89°
34' 36" W., 340.5 feet along the section line to the true point of beginning
of this description; thence continuing along the Section line S. 89° 34' 36"
W., 500 feet; thence S. 00° 25'34" E., 143.35 feet; thence S. 89° 02'28"
E., 160 feet; thence N. 00° 25'34" W., 41.57 feet; thence N. 89° 34' 36" E.,
40 feet; thence S. 00° 25'34" E., 41.20 feet; thence S. 89° 02'28" E., 300
feet; thence N. 00° 25'34" W., 155.80 feet to the true point of beginning.
Except therefrom that portion of this description which lies within the
right of way of Neff Road.
(o) Hydroelectric facility, subject to the provisions of Subsection (20) of
Section 25.
Page 2 of 4 — Exhibit `B" to ORDINANCE NO. 98-083
x.69 2695
(4) Height Regulations. No building or structure shall be hereafter erected, enlarged or
structurally altered to exceed a height of 30 feet without approval of a Conditional Use
Permit.
(5) Lot Requirements. The following lot requirements shall be observed:
(a) Lot Area: Every lot shall have a minimum area of [4;590] 2,500 square
feet for the first unit plus [ ] 2,000 square feet per unit thereafter. [square
f etages based open the ,,,,mb.er of'bedrooms per- &,elliag unit i the following t.,b,le:
feet
feet
feet
feed
feed
provided that the ever -all density shall net exeseed one &,elliag unit per- 2,000 square fee
of to ] A lot having a width of less than 50 feet, and an area of less than [4;5-00]
2,500 square feet of record at the time of the passage of this ordinance, may be occupied
by one single-family dwelling provided that all the yard requirements of this section are
observed.
(b) Lot Width: Every lot shall have a minimum width of [30] 30 feet. The
lot width may be reduced to 20 feet for lots in an approved zero lot line subdivision.
(c) Front Yard: The front yard shall be a minimum of [2-0] 10 feet except
[that en eame lots e f:eFA ..,rd need net o eed 10 feet] a garage or carport shall be
a minimum of 20 feet.
(d) Side Yard: There shall be a minimum side yard of 5 feet and the sum of
the side yards shall be a minimum of [-15-] 10 feet. The side yards shall be increased by %2
foot for each foot by which the building height exceeds 15 feet.
(e) Rear Yard: There shall be a rear yard having a depth of not less than 5
feet. The rear yard shall be increased by'/2 foot for each foot by which the building
height exceeds 15 feet.
(f) Side and rear yard setbacks for duplexes and triplexes are subject to
standards in Section 23 (d) and (e).
Page 3 of 4 - Exhibit "E" to ORDINANCE NO. 98-083
169 2996
(g) For single family residences, the side yard shall be a minimum of five feet
on one side and a total of the two side yards shall be 4-5 10 feet. The rear yard shall be a
minimum of five feet.
(h) Lot Coverage: Maximum lot coverage by buildings and structures shall be
40 percent of the total lot area.
(i) Zero Lot Line Subdivision or Partition: Regulations for a side yard
setback may be waived for an approved zero lot line subdivision or partition.
0) Solar Setback: The solar setback as prescribed in Section 26A
(6) Off -Street Parking. Off-street parking shall be provided as required in Section 24.
(7) Special Yards and Distances Between Buildings. The following special yards and
distances between buildings shall be observed:
(a) An inner court providing access to double -row dwelling groups shall be a
minimum of 20 feet.
The distance between principal buildings shall be at least 10 feet. This requirement shall
also apply to portions of the same building separated from each other by a court or other
open space.
Page 4 of 4 — Exhibit "E" to ORDINANCE NO. 98-083
Section 12
169 - 2997
New text is in bold print and
deleted text is in[ J
Urban High Density Residential Zone, or RH Zone.
(1) Purpose. This zone is intended to provide for high density multiple -family
developments in locations close to shopping and services, transportation or public
open space, and, in appropriate locations to provide a transitional use area between
residential areas and other less restrictive zones. The professional and office uses
included in this zone are intended to enhance the function of this zone in
transitional areas and to encourage this transition in a more residential character.
(2) Permitted Uses. The following uses are permitted subject to the provisions
of Section 23.
(a) Duplexes.
(b) Two single-family dwellings on one lot, provided that no dwelling is
located within 10 feet of any other dwelling on the same lot, and also
provided that all lot area, yard and coverage requirements set forth in
Subsection (5) of Section 12 are observed. There shall be provided
for the rear dwelling unoccupied and unobstructed access not less
than 15 feet wide to the street fronting the lot.
(c) Multiple -family dwellings, apartment houses and dwelling groups
and condominiums.
(d) Rooming and boarding houses.
(e) Offices for: architect or designer, accountant, attorney, dentist,
physician or other practitioner of the healing arts, engineer,
insurance agent or adjuster, investment or management counselor,
surveyor, wholesale lumber broker and real estate broker.
(f) Medical and dental clinics and laboratories and pharmacy located
within a clinic.
(g) Nursing and convalescent homes.
(h) Nursery schools, kindergartens and day-care facilities, subject to
Subsection (17) of Section 25.
(i) Mobile home park.
Page 1 of 5 — Exhibit "F" to ORDINANCE 98-083
169 2998
(j) Photographic studios excluding retail sales of cameras, equipment,
film or supplies.
(k) Off-street parking lots when appurtenant to a permitted use in an
abutting commercial or industrial zone.
(1) Necessary and incidental services such as a dining room, barber
shop, beauty shop, hobby shop, etc., included within apartment
buildings provided that the facilities are used by and services
rendered to only tenants of the building and their guests.
(m) Incidental services in commercial buildings, including restaurants,
florist, barber shop, beauty shop, hobby shop included within an
existing building otherwise permitted in the RH zone. There shall be
no signs visible from the exterior of the building, there shall be no
exterior public access to the use, the hours of operation shall be
limited to the hours for the uses permitted in the building and there
shall be no exterior seating or displays. The parking for such uses
shall be limited to one space per 300 square feet of gross floor area.
These uses shall be limited in size to commercial buildings with the
following gross square footage:
Buildings 10,000 to 50,000 square feet 1,000 square feet
Buildings over 50,000 square feet 1,500 square feet
(3) Conditional Uses. The following conditional uses may be permitted subject
to a Conditional Use Permit and the provisions of Section 29.
(a) Public, parochial and private schools, but not including business,
technical or similar schools.
(b) Dancing or music schools.
(c) Parks, recreation facilities, fire stations, libraries, museums; but not
including storage or repair yards, warehouses or similar uses.
(d) Utility substations or pumping stations with no equipment storage
and sewage treatment facilities.
(e) Hospital, laboratory, orthopedic supply house, sanitarium (except
animal hospital and clinic, hospital or sanitarium for contagious,
mental, drug or liquor addict cases).
Page 2 of 5 — Exhibit "F" to ORDINANCE 98-083
169 - 2999
(f) Planned Unit Development.
(g) Club, lodge and fraternal organization except those carried on as a
business for profit.
(h) Off-street parking lots when contiguous to a less restrictive zone.
For required development standards see Section 24.
(i) Motel, apartment hotel, when located near hospitals or similar
facilities, restaurants and bars within a hotel provided there is no
external advertising.
0) Mortuaries.
(k) Housing for the elderly (see Subsection (18) of Section 25).
(1) Buildings in excess of 45 feet in height.
(m) Single-family dwelling.
(n) Churches.
(o) Timeshare unit or the creation thereof, subject to the provisions of
Section 25.
(p) Beauty and barber shop.
(4) Height Regulations. No building or structure shall hereafter be erected,
enlarged or structurally altered to exceed a height of 45 feet without approval of a
Conditional Use Permit.
(5) Lot Requirements. The following lot requirements shall be observed:
Page 3 of 5 — Exhibit "F" to ORDINANCE 98-083
AAS
11 MrZ 7_71.
Page 3 of 5 — Exhibit "F" to ORDINANCE 98-083
169 --3000
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(a) Lot Area: Every lot shall have a minimum area of 2,500 square
feet for the first unit plus 1,000 square feet for each additional dwelling unit.
(b) Lot Width: Every lot shall have a minimum width of [-50] 30 feet.
The minimum lot width may be reduced to 20 feet if part of a zero lot line
subdivision.
(c) Front Yard: The front yard shall be a minimum of 10 feet except on
corner lots where vision clearance requirements shall apply.
(d) Side Yard: Side yards shall be a minimum of 5 feet. The side yards
shall be increased by %2 foot for each foot by which the building height exceeds 15
feet.
(e) Rear Yard: The rear yard shall be a minimum of 5 feet. A rear yard
shall be increased by %2 foot for each foot by which the building height exceeds 15
feet.
(f) Side and rear yard setbacks for duplexes and triplexes are subject to
standards in Section 23 (11) (d) and (e).
(g) For single family residences, the side yard setbacks shall be a
minimum of five feet on one side and the total of the two side yards shall be []
ten feet.
(h) Lot Coverage: Maximum lot coverage by buildings and structures
shall be 50 percent of the lot area.
Page 4 of 5 — Exhibit "F" to ORDINANCE 98-083
"1
(a) Lot Area: Every lot shall have a minimum area of 2,500 square
feet for the first unit plus 1,000 square feet for each additional dwelling unit.
(b) Lot Width: Every lot shall have a minimum width of [-50] 30 feet.
The minimum lot width may be reduced to 20 feet if part of a zero lot line
subdivision.
(c) Front Yard: The front yard shall be a minimum of 10 feet except on
corner lots where vision clearance requirements shall apply.
(d) Side Yard: Side yards shall be a minimum of 5 feet. The side yards
shall be increased by %2 foot for each foot by which the building height exceeds 15
feet.
(e) Rear Yard: The rear yard shall be a minimum of 5 feet. A rear yard
shall be increased by %2 foot for each foot by which the building height exceeds 15
feet.
(f) Side and rear yard setbacks for duplexes and triplexes are subject to
standards in Section 23 (11) (d) and (e).
(g) For single family residences, the side yard setbacks shall be a
minimum of five feet on one side and the total of the two side yards shall be []
ten feet.
(h) Lot Coverage: Maximum lot coverage by buildings and structures
shall be 50 percent of the lot area.
Page 4 of 5 — Exhibit "F" to ORDINANCE 98-083
169 "' 3001
41 01
(I) Solar Setback: The solar setback as prescribed in Section 26A.
(6) Off -Street Parking. Off-street parking shall be provided as required in
Section 24.
(7) Special Yards and Distances between Buildings. Special yards and
distances between buildings shall be provided as follows:
(a) An inner court providing access to double -row dwelling groups shall
be a minimum of 20 feet in width.
(b) The distance between principal buildings shall be at least 10 feet.
This requirement shall also apply to portions of the same buildings separated from
each other by a court or other open space.
Page 5 of 5 — Exhibit "F" to ORDINANCE 98-083