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2000-847-Ordinance No. 2000-015 Recorded 8/24/2000VOL: CJ2000 PAGE: 847 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ2000-847 * Vol -Page Printed: 08/24/2000 13:09:20 DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Aug. 24, 2000; 8:04 a.m. Ordinance (CJ) NUMBER OF PAGES: 17 W, -0, 0 / 20=14A�mz MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK e] KE INCU-4) AM >. noa VOL: CJ2000 PAGE: 827 RECORDED DOCUMENT STATE OF OREGON COUNTY OF DESCHUTES *CJ2000-827 * Vol -Page Printed: 08/16/2000 11:04:43 00 AUG 24 Pili 8' 04 MAIXI � hK GOUNTJ DO NOT REMOVE THIS CERTIFICATE (This certificate constitutes a part of the original instrument in accordance with ORS 205.180(2). Removal of this certificate may invalidate this certificate and affect the admissibility of the original instrument into evidence in any legal proceeding.) I hereby certify that the attached instrument was received and duly recorded in Deschutes County records: DATE AND TIME: DOCUMENT TYPE: Aug. 11, 2000; 1:27 p.m. Ordinance (CJ) NUMBER OF PAGES: 2 MARY SUE PENHOLLOW DESCHUTES COUNTY CLERK AUG 2 a 2000 K UN EU A , 1 2000 REVIEWED AS TO FORM Code Review Committee (e/? , J "?i APPROVED BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES (Nl�,Yt PR ON27 An Ordinance Amending Title 18, Deschutes County Zoning Ordinance, of the County Code, COUNTY CLERK( And Declaring an Emergency. ORDINANCE NO. 2000-015 WHEREAS, Deschutes County has proceeded to implement solutions identified by the Regional Problem Solving Project for South Deschutes County; and WHEREAS, expanding the La Pine Urban Unincorporated Community is one identified solution; and WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has considered the recommendation of the County Planning Commission; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. REPEAL. Chapter 18.62, Rural Service Center - Wickiup Junction, attached as Exhibit "A" and incorporated herein by this reference, of Title 18, the Deschutes County Zoning Ordinance, is hereby repealed. Section 2. AMENDMENT. Chapter 18.61, Urban Unincorporated Zone - La Pine, of Title 18, the Deschutes County Zoning Ordinance, is amended to read as shown in Exhibit "B," attached hereto and incorporated herein by this reference, with new language underlined and language to be deleted in strip. Section 3. FINDINGS. The Board adopts the La Pine Urban Unincorporated Community section of the comprehensive plan, attached as Exhibit "B" to Ordinance 2000-013 and incorporated herein by this reference, and the Deschutes County Regional Problem Solving Findings for Expansion of the La Pine Unincorporated Community Boundary, attached as Exhibit "C" to Ordinance 2000-013 and incorporated herein by this reference, as its findings to support this Ordinance. �e-Yece�h d -� a:{b ctt, A a -,i, ct U_ ga Com, once � Page 1 of 2 - ORDINANCE NO. 2000-015 (08/09/00) 1 ( / ? 10k' 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 _ l✓day of August, 2000. ATTEST: Recording Secretary Page 1 of 2 - ORDINANCE NO. 2000-015 (08/09/00) 130ARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON X.mdaL. ingen, 2 . Luke, Commissione Tom DeWolf, Commissioner EXHIBIT "A" Chapter 18.62. RURAL SERVICE a. CENTER - WICKIUP JUNCTION b. 18.62.010. Purpose. C. 18.62.020. Districts permitted in the RSC- WJ Zone. d. 18.62.010. Purpose. The purpose of the Rural Service Center - Wickiup Junction (RSC-WJ) Zone is to provide standards and review procedures for the development of the rural service center of Wickiup Junction. (Ord. 96-007 § 1, 1996) 18.62.020. Districts Permitted in the RSC- WJ Zone. The following districts shall be established: A. Commercial/Residential District. 1. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: a. Single-family dwelling. b. Manufactured home subject to Section 18.116.070. c. Two-family dwelling or duplex. d. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by Section 18.116.230. e. Class III road and street project. f. 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. 2. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted in a building or buildings not exceeding 4,000 square feet of floor space and subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, and 18.124, Site Plan Review, of this title: Page 1 of 2 - EXHIBIT "A" TO ORDINANCE NO.2000-15 (08= /00) Retail store, office and service establishment. Residential use in conjunction with a permitted use. Art studio in conjunction with retail sales. Medical clinic. e. Automobile service station. f. Car wash. g. Park, playground and community building. h. Public use. i. Day care facility. j. Restaurant and cocktail lounge. k. Club and fraternal lodge. I. Automobile and trailer sales. 3. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, 18.124, Site Plan Review, and 18.128, Conditional Use, of this title: a. Multi -family dwelling with three or more units. b. Tourist and travelers' accommodations of up to 35 units, provided the use is served by a community sewer system, as that term is defined in OAR 660-22-010(2). c. Manufactured home park. d. Travel trailer park. e. Cluster development. f. Church. g. School. h. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to Sections 18.120.050 and 18.128.040(W). i. Water supply and treatment facility. j. Utility facility, except landfill. k. Television and radio station with or without a transmitter tower. 1. Nursing home. m. Residential care facility for more than 15 people. n. A building or buildings not exceeding 4,000 square feet of floor space housing: EXHIBIT "A" i. Veterinary clinic, including enclosed b. Building Height. No building or kennel. structure shall be erected or enlarged to ii. Automobile repair garage. exceed thirty (30) feet in height, except iii. Commercial amusement and as approved under Section 18.120.040. recreation establishment. 6. Yards. iv. Shopping complex subject to a master plan. v. Mini -storage facility. vi. Uses accessory to the uses identified in this section. o. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) of (B). 4. Lot Size. a. New lots or parcels served by an approved community, municipal or public water system and an approved community or public sewage system shall have a minimum width of 50 feet and a minimum area of 6,000 square feet. Maximum lot size for residential subdivisions shall be 15,000 square feet. b. New lots or parcels served by either an approved community, non -community, municipal or public water system shall have a minimum width of 100 feet and a minimum area of 22,000 square feet. c. New lots or parcels not served by either an approved community, municipal or public water system or an approved community or public sewage system shall have a minimum width of 150 feet with a minimum area of one acre. In addition, an applicant shall demonstrate that: i. The lot or parcel can meet DEQ on- site sewage disposal rules then in effect, which can be demonstrated either prior to land division approval or as a condition of such approval; ii. Residential subdivisions will be served by either a municipal or community water system or a non- community public water system. 5. Dimensional Standards. The following dimensional standards shall apply: a. Lot Coverage. No requirements. a. Front Yard. The front yard shall be no more than 20 feet, except as otherwise allowed by Section 18.124.070(Cx3xb). All buildings shall be set at the front yard setback line. b. Side Yard. None required, except when a parcel or lot with a side yard adjacent to zoned forest land shall have a minimum side yard of 100 feet. c. Rear Yard. None required, except when a parcel or lot with a rear yard adjacent to zoned forest land shall have a minimum rear yard of 100 feet. d. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. e. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under Chapter 15.04 of the Deschutes County Code shall be met. 7. Additional Requirements. a. Off-street parking and loading shall be provided subject to the provision of Chapter 18.116, Supplementary Provisions. b. All outdoor lighting on site shall be installed in conformance with Chapter 15.10 of the Deschutes County Code providing outdoor lighting control. (Ord. 97-063 § 3, 1997; Ord. 96-007 § 1, 1996) Page 2 of 2 - EXHIBIT "A" TO ORDINANCE NO. 2000-15 (081/09/00) EXHIBIT "B" Chapter 18.61 URBAN UNINCORPORATED COMMUNITY ZONE - LA PINE 18.61.010. Purpose. 18.61.420.020. Standards for all Districts. 18.61.030. La Pine Planning Area. 18.61.040. Wicklup Junction Planning Area. 18.61.050. Neighborhood Planning Area. 18.61.010. Purpose. The purpose of the Urban Unincorporated Community (WC) Zone — La Pine is to provide standards and review procedures for the future development of the urban unincorporated community of La Pine. The La Pine UUC includes three separate planning areas, La Pine, Wickiup Junction and Neighborhood, each with its own zoning districts, with allowed uses and distinct regulations, as further set forth in this chapter. Zbe (Ord. 2000-015 § 2, 2000; Ord. 96-003 § 1, 1996) 18.61.020. Standards in All Districts. A. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in Section 18.116.180. B. Stream Setback. To permit better light, air, vision, stream or pollution control, protect fish and wildlife areas and to preserve the natural scenic amenities and vistas along the streams and lakes the following setback shall apply: I. All sewage disposal installations, such as septic tanks and septic drainfields, shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet, measured at right angles to the ordinary high water mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the County Sanitarian finds that a closer location will not endanger health, the Planning Director or Hearings Body may permit the location of these facilities closer to the stream or lake, but in no case closer than 25 feet. 2. All structures, buildings and similar permanent fixtures shall be set back from the ordinary high water mark along all streams or lakes a minimum of 100 feet measured at right angles to the ordinary high water mark. C. Building Code Setbacks. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. D. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the provisions of DCC 18.116, Supplementary Provisions. E. Outdoor Lighting. All outdoor lighting shall be installed in conformance with DCC 15.10 providing outdoor lighting control. (Ord. 2000-015 § 2, 2000; Ord. 96-003 § 1, 1996) 18.61.030. La Pine Planning Area. The La Pine Planning Area is composed of seven zoning districts, each with its own set of allowed uses and regulations, as further set forth in this section. A. La Pine Residential District. I.A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Single-family dwelling. 2. Manufactured home subject to DCC SeGskm 18.116.070. 3. Two-family dwelling or duplex. 4. Agricultural use as defined in this Title, subject to the following limitations: a. Cows, horses, goats or sheep shall not be kept on lots having an area less than 20,000 square feet. The total number of all such animals over the age of six months shall be limited to the square footage of the lot divided by 20,000. b. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for each 500 square feet of land. 5. 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 DCCSa"ieu 18.116.230. Page I of 12 — EXHIBIT "B" TO ORDINANCE NO. 2000-015 (08/09/00) EXHIBIT "B" 6. Class III road and street project. or an approved community or public sewage 7. Excavation, grading or fill and removal system shall have a minimum width of 150 activities involved in creation of a wetland in feet with a minimum area of one (1) acre. In areas not requiring a conditional use permit addition, all lots must meet DEQ on-site for fill or removal. sewage disposal rules. 8. Forest operation and forest practice including, 2. Subdivisions: For subdivisions, cluster but not limited to, reforestation of forest land, developments or manufactured home parks, road construction and maintenance, the following standards shall apply: harvesting of a forest tree species, application a. All new lots shall be connected to a of chemicals and disposal of slash. Department of Environmental Quality B. Conditional Uses Permitted. The following uses Permitted community or municipal sewer may be allowed subject to applicable provisions of system. this chapter and Chapters 18.116, Supplementary b• Minimum lot size for a residential subdivision Provisions, 18.124, Site Plan Review, and 18.128, shall be 5,000 square feet. Maximum Conditional Use, of this Title: residential lot size for a subdivision shall be I. Multi -family dwelling with three or more 15,000 square feet. units. D. Dimensional Standards. The following 2. Park, playground and community building. dimensional standards shall apply: 3. Utility facility, except landfill. 1. Lot Coverage. The main building and 4. Excavation, grading and fill and removal accessory buildings located on any building within the bed and banks of a stream or river site or lot shall not cover more than thirty or in a wetland. percent of the total lot area. 5. Home occupation. 2. Building Height. No building or structure 6. Church. shall be erected or enlarged to exceed thirty 7. School. (30) feet in height, except as approved under 8. Manufactured home park. DCCSactioa--18.120.040. 9. Multi -family dwelling complex. 10. Cluster development. E. Yard and Setback Requirements. 11. Nursery school, kindergarten and day care 1 • Front Yard. The minimum front yard shall be facility. 20 feet. 12. Nursing home. 2. Side Yard. A side yard shall be a minimum 13. Public use. of 5 feet and the sum of the two side yards 14. Residential care facility for more than 15 shall be a minimum of 15 feet. A parcel or people. lot with a side yard adjacent to zoned forest 15. Wireless telecommunications facilities, land shall have a minimum side yard of 100 except those facilities meeting the feet. requirements of DCC 18.116.250(A) or (B). 3. Rear Yard. The minimum rear yard shall be 20 feet, except a parcel or lot with a side yard C. Lot Sizes. adjacent to zoned forest land shall have a I . Partitions: minimum rear yard of 100 feet. a. Parcels served by an approved community, (Ord. 2000-015 § 2, 2000; Ord. 97-063 § 3, 1997; Ord. municipal or public water system and an 96-003 § 1, 1996) approved community or public sewage system shall have a minimum width of 50 B. La Pine Commercial District. feet and a minimum area of 5,000 square feet. b. Parcels served by an approved community, A. Uses Permitted Outright. The following uses and non -community, municipal or public water their accessory uses are permitted outright: system, but not by sewer, shall have a 1 • Single-family dwelling on a lot existing on minimum width of 100 feet and a minimum March 27, 1996. area of 22,000 square feet. 2• Manufactured home, on a lot existing on c. Parcels not served by either an approved March 27, 1996, subject to DCCS@ctiea community, municipal or public water system 18.116.070. Page 2 of 12 — EXHIBIT" B" TO ORDINANCE NO. 2000-015 (08/09/00) EXHIBIT "B" 3. Class I and 11 road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCCSaati m 18.116.230. 4. Class Ili road and street project. 5. 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. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter, Chapters 18.116, Supplementary Provisions and 18.124, Site Plan Review, of this title: I . Park, playground and community building. 2. Public use. 3. A building or buildings not exceeding 8,000 square feet of floor space housing any combination of: a. Retail store, office and service establishment. b. Residential use in the same building as a permitted use. c. Art studio in conjunction with retail sales. d. Medical clinic. e. Automobile service station. f. Car wash. g. Day care facility. h. Restaurant and cocktail lounge. i. Club and fraternal lodge. j. Automobile and trailer sales. k. Uses accessory to the uses identified in this subsection. 4. Any of the uses allowed under Sub -section 3 of this section housed in a building or buildings exceeding 8,000 square feet, subject to the provisions of DCC 18.61.030(D). C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, 18.124, Site Plan Review and 18.128, Conditional Use, of this title: I. Multi -family dwelling on a lot existing on March 27, 1996. 2. Tourist and travelers' accommodation of up to 100 units, provided the use is served by a community water system as that term is defined in OAR 660-22-010(2). 3. Manufactured home park and travel trailer Pte• 4. Church. 5. School. 6. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland, subject to DCC Sections 18.120.050 and 18.128.040(W). 7. Water supply and treatment facility. 8. Utility facility, except landfill. 9. Television and radio station with or without a transmitter tower. 10. Nursing home. 11. Residential care facility for more than 15 people. 12. A building or buildings not exceeding 8,000 square feet of floor space housing any combination of. a. Veterinary clinic including enclosed kennel. b. Automobile repair garage. c. Commercial amusement and recreation establishment. d. Shopping complex subject to a master plan. e. Mini -storage facility. f. Uses accessory to the uses identified in this subsection. 13. Any of the uses allowed under Sub -section 12 of this section housed in a building or buildings exceeding 8,000 square feet subject to the provisions of DCC 18.61.030(D). 14. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC&9*9cti" 18.116.250(A) or (B).afthictitlo. D. Special Requirements for Large Scale Uses. Any of the uses listed in Subsection B(4) and C(13) above may be allowed in a building or buildings exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds: 1. That the intended customers for the proposed use will come from the community and surrounding rural area, or the use will meet the travel needs of the people passing through the area, 2. The use will primarily employ a work force from the community and surrounding rural area, and 3. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor space. Page 3 of 12 — EXHIBIT "B" TO ORDINANCE NO. 2000-015 (08/09/00) EXHIBIT "B" For the purposes of this subsection, the surrounding rural area shall be that area identified in the map depicted as Figure 35 in the La Pine Urban Unincorporated Community section of the Comprehensive Plan. E. Lot Size and Dimensional Standards. I. Lot Size. New commercial lots shall be served by an approved community or public sewage system and shall have a minimum width of 50 feet and a minimum area of 5,000 square feet. 2. Lot Coverage. No requirements. 3. Building Height. No building or structure shall be erected or enlarged to exceed thirty (30) feet in height, except as approved under DCCSe"ioa 18.120.040. F. Yard and Setback Requirements. I. Front Yard. The front yard shall be no more than 15 feet, except as otherwise allowed by Section 18.124.070(Cx3)(b) and except when abutting a lot in a Residential District, in which case the front yard shall be the front yard required in the abutting Residential District. All buildings shall be set at the front yard setback line. 2. Side Yard. None required, except when a parcel or lot with a side yard adjacent to zoned forest land shall have a minimum side yard of 100 feet. 3. 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. 2000-015 § 2, 2000; Ord. 97-063 § 3, 1997; Ord. 96-003 § 1, 1996) C. La Pine 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 DCCSocciea 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 DCCSoctiea 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(3xa). 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. 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. Page 4 of 12 — EXHIBIT "B" TO ORDINANCE NO. 2000-015 (08/09/00) EXHIBIT "B" C. Conditional Uses Permitted. The following uses Pollution Control Facility (WPCF) permits may be allowed subject to the applicable shall be required to connect to the La Pine provisions of this chapter and Chapters 18.124, Sewer Treatment Facility in lieu of obtaining Site Plan Review, and 18.128, Conditional Use, of a WPCF permit. this title: b. Uses that do not require a WPCF permit shall I. Mini -storage facility. demonstrate the ability to obtain approval for 2. Hydroelectric facility, subject to DCC an on-site sewage disposal system either Soctiwa 18.116.130 and 18.128.040(V). before approval of the land use permit or as a 3. Asphalt plant. condition of permit approval. 4. Lumber manufacturing and wood processing c. If a use requires more than 5,000 gallons of including pulp and paper manufacturing. water per day, an application shall be made to 5. Electrical substation. the Oregon Water Resources Department for 6. Concrete, asphalt and ready -mix plant. a water rights permit or the use must be 7. Petroleum products storage and distribution. connected to a municipal, community or 8. Storage, crushing and processing of minerals, public water system. including the processing of aggregate into 2. Compatibility: asphaltic concrete or portland cement a. A use that requires a lot area exceeding 9,000 concrete. square feet shall not be permitted to locate 9. Commercial feedlot, stockyard, sales yard, adjacent to a lot in a residential district. slaughterhouse and rendering plant. b. A use expected to generate more than 30 10. Railroad track, freight depot and related truck -trailer or other heavy equipment trips facilities. per day to and from the subject property shall 11. Agricultural products storage and processing not be permitted to locate on a lot adjacent to plant• or across a street from a lot in a residential 12. Transfer station. district. 13. Automotive wrecking yard totally enclosed c. Any use on a lot adjacent to or across the by a sight -obscuring fence. street from a lot in a residential district shall 14. Any use permitted by Section 18.61.040(B) not emit odor, dust, fumes, glare, flashing that is expected to: lights, noise, or similar disturbances a. Require lot coverage in excess of 70 per cent; perceptible without instruments more than b. Require more than one acre of land; or 200 feet in the direction of the affected c. Generate any odor, dust, fumes, glare, residential use or lot. flashing lights or noise that would be d. Storage, loading and parking areas for uses perceptible without instruments 500 feet from permitted by Subsections (B) and (C) shall be the property line of the subject use. screened from residential zones. 15. Service commercial use, such as office, e. No use requiring air contaminant discharge restaurant, cafe, refreshment stand, bar and permits shall be approved by the Planning tavern, whose primary purposes is to serve Director or Hearings Body prior to review by industrial uses in the surrounding area, the applicable state or federal permit - provided that such use is allowed as part of an reviewing authority, nor shall such uses be Industrial Park Master Plan. permitted adjacent to or across a street from a 16. Wireless telecommunications facilities, residential lot. except those facilities meeting the f. A property hosting a service commercial use requirements of DCCUbsacti" shall be subject to a waiver of remonstrance 18.116.250(A) or (B).-aCthis;itlo. recorded in the Deschutes County Book of D. Use Limits. The following limitations and Records declaring that the operator and his or standards shall apply to uses listed in Subsections her successors will not now or in the future (B) and (C): file a complaint aimed at curtailing industrial 1. Sewer and Water Requirements: activities on adjacent properties conducted in a. New uses that require Oregon Department of conformance with this chapter. Environmental3. Quality (DEQ) Water Traffic/Parking Page 5 of 12 — EXHIBIT "B" TO ORDINANCE NO. 2000-015 (08/09/00) EXHIBIT "B" 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: I. 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 DCC Sachet} 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 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. 2000-015 § 2, 2000; Ord. 97-063 § 3, 1997; Ord. 97-041 § 1, 1997; Ord. 97-017 § 4, 1997; Ord. 96-003 § 1, 1996) D. La Pine Sewer Treatment District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Any use that is allowed by ORS 215.283(1), including utility facility necessary for public service, except commercial facilities for the purpose of generating power for public use by sale and transmission towers over 200 feet in height. B. Conditional Uses Permitted. The following uses may be allowed subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, 18.124, Site Plan Review, and 18.128, Conditional Use, of this title and Section 18.16.040(A): Page 6 of 12 — EXHIBIT "B" TO ORDINANCE NO. 2000-015 (08/09/00) EXHIBIT "B" 1. Parks, playground or community centers owned and operated by a governmental agency or a nonprofit community organization. C. Dimensional Standards. The following dimensional standards shall apply: I . Lot Coverage. No requirements. 2. Building Height. No building or structure shall be erected or enlarged to exceed thirty (30) feet in height, except as approved under Section 18.120.040. D. Yard and Setback Requirements. 1. Front Yard. The minimum front yard shall be 20 feet. 2. 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. 3. Rear Yard. The minimum rear yard shall be 20 feet. (Ord. 2000-015 § 2, 2000; Ord. 96-003 § 1, 1996) E. La Pine Flood Plain District. All uses proposed within this district shall be subject to the provisions in Chapter 18.96, Flood Plain Zone, of this title. F. La Pine Community Facility District. A. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter, Chapters 18.116, Supplementary Provisions and 18.124, Site Plan Review, of this title: 1. Performing arts center. 2. Swimming pool. 3. Community center. 4. Public use. 5. School. 6. Theater. B. Yard and Setback Requirements. 1. Front Yard. The front yard shall be no more than 15 feet, except as otherwise allowed by Section 18.124.070(CX3Xb) and except when abutting a lot in a Residential District, in which case the front yard shall be the front yard required in the abutting Residential District. All buildings shall be set at the front yard setback line. A parcel or lot with a front yard adjacent to zoned forest land shall have a minimum front yard of 100 feet. 2. Side Yard. None required, except when abutting a lot in a Residential District in which case the side yard shall be the side yard required in the abutting Residential District. A parcel or lot with a side yard adjacent to zoned forest land shall have a minimum side yard of 100 feet. 3. 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. C. Dimensional Standards. The following dimensional standards shall apply: 1. Lot Coverage. No requirements. 2. Building Height. No building or structure shall be erected or enlarged to exceed thirty (30) feet in height, except as approved under DCC 18.120.040. D. Lot Size. 1. Lot Size. New lots shall have a minimum width of 50 feet and a minimum area of 5,000 square feet. 2. Lot Coverage. No requirements. 3. Building Height. No building or structure shall be erected or enlarged to exceed thirty (30) feet in height, except as approved under DCC 18.120.040. 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. G. La Pine Community Facility Limited District. 1. Uses Permitted Outright. a. Multi -use path. 2. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter and Chapters 18.116, Page 7 of 12 — EXHIBIT "B" TO ORDINANCE NO. 2000-015 (08/09/00) EXHIBIT "B" Supplementary Provisions, and 18.124, Site Plan Review, of this title: a. School. b. Paris or playground. (Ord. 2000-015 § 2, 2000) 18.61.040 Wickiup Junction Planning Area. A, The Wickiup Junction Planning Area is composed of one Commercial/Residential zoning district with its own set of allowed uses and regulations, as further set forth in this section. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Single-family dwelling. 2. Manufactured home subject to DCC 18.116.070. 3. Two-family dwelling or duplex. 4. 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 DCC 18.116.230. 5. Class III road and street project. 6. 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. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted in a building or buildings not exceeding 4,000 square feet of floor space and subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, and 18.124, Site Plan Review, of this title: I . Retail store, office and service establishment. 2. Residential use in conjunction with a permitted use. 3. Art studio in conjunction with retail sales. 4. Medical clinic. 5. Automobile service station. 6. Car wash. 7. Park, playground and community building. 8. Public use. 9. Day care facility. 10. Restaurant and cocktail lounge. H. Club and fraternal lodge. 12. Automobile and trailer sales. C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, 18.124, Site Plan Review, and 18.128, Conditional Use, of this title: 1. Multi -family dwelling with three or more units. 2. Tourist and travelers' accommodations of up to 35 units, provided the use is served by a community sewer system, as that term is defined in OAR 660-22-010(2). 3. Manufactured home park. 4. Travel trailer park. 5. Cluster development. 6. Church. 7. School. 8. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.040(W). 9. Water supply and treatment facility. 10. Utility facility, except landfill. 11. Television and radio station with or without a transmitter tower. 12. Nursing home. 13. Residential care facility for more than 15 people. 14. A building or buildings not exceeding 4,000 square feet of floor space housing: a. Veterinary clinic, including enclosed kennel. b. Automobile repair garage. c. Commercial amusement and recreation establishment. d. Shopping complex subject to a master plan. e. Mini -storage facility. f. Uses accessory to the uses identified in this section. 15. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) of (B). D. Lot Size. 1. New lots or parcels served by an approved community, municipal or public water system and an approved community or public sewage system shall have a minimum width of 50 feet and a minimum area of 6,000 square feet. Maximum lot size for residential subdivisions shall be 15,000 square feet. Page 8 of 12 - EXHIBIT " B" TO ORDINANCE NO. 2000-015 (08/09/00) E. EXHIBIT "B" New lots or parcels served by either an approved community, non -community, municipal or public water system shall have a minimum width of 100 feet and a minimum area of 22,000 square feet. New lots or parcels not served by either an approved community, municipal or public water system or an approved community or public sewage system shall have a minimum width of 150 feet with a minimum area of one acre. In addition, an applicant shall demonstrate that: a. The lot or parcel can meet DEQ on-site sewage disposal rules then in effect, which can be demonstrated either prior to land division approval or as a condition of such approval; b. Residential subdivisions will be served by either a municipal or community water system or a non -community public water system. Dimensional Standards. The following dimensional standards shall apply: I . Lot Coverage. No requirements. 2. Building Height. No building or structure shall be erected or enlarged to exceed thirty (30) feet in height, except as approved under DCC 18.120.040. Yards. 1. Front Yard. The front yard shall be no more than 20 feet, except as otherwise allowed by DCC 18.124.070(Cx3)(b). All buildings shall be set at the front yard setback line. 2. Side Yard. None required, except when a parcel or lot with a side yard adjacent to zoned forest land shall have a minimum side yard of 100 feet. 3. Rear Yard. None required, except when a parcel or lot with a rear yard adjacent to zoned forest land shall have a minimum rear yard of 100 feet. (Ord. 2000-015 § 2,2000; Ord. 97-063 § 3, 1997; Ord. 96-007 § 1, 1996 18.61.050. Neighborhood Planning Area. A. Purpose. The Neighborhood Planning Area provides standards and review procedures for development in the Neighborhood Planning Area of the La Pine UUC and is the "receiving area" for transferable development credits (TDCs). The Neighborhood Planning Area includes six zoning districts, each with its own set of allowed uses, as further set forth in this section. B. Water and Wastewater Facilities. All uses in the Neighborhood Planning Area requiring water shall be connected to the La Pine Water District water system. All uses in the Neighborhood Planning Area that discharge wastewater shall be connected to the La Pine Special Sewer District sewage treatment facility. C. Design guidelines, setbacks, dimensional lot standards, building heights, block lengths and parking requirements. Specific provisions for these requirements will be determined during the refinement plan process for the overall Neighborhood Planning Area, as specified in the comprehensive plan polices for this planning area. D. Residential General District. Purpose: The Residential General District is the largest area of the neighborhood. While it is primarily residential, various lot sizes and housing types are possible. Page 9 of 12 — EXHIBIT "B" TO ORDINANCE N0.2000-015 (08/09/00) I. Uses Permitted Outright. a. Single-family dwelling, including a "Class A" manufactured home. b. Duplex or triplex. c. Accessory dwelling. d. Multi -use path. e. Open space. f Residential facility or residential home. g. Home occupation that: I ) Is carried on within a dwelling only by members of the family who reside in the dwelling; 2) Does not serve clients or customers on-site; 3) Does not produce odor, dust, glare, flashing lights or noise; 4) Does not occupy more than 25 percent of the floor area of the dwelling; and EXHIBIT "B" 5) Does not include the on -premises 2. Uses Permitted Subject to Site Plan display or sale of stock in trade. Review. The following uses and their accessory uses are permitted subject to 2. Uses Permitted Subject to Site Plan applicable provisions of this chapter and Review. The following uses and their Chapters 18.116, Supplementary accessory uses are permitted subject to Provisions, and 18.124, Site Plan applicable provisions of this chapter and Review, of this title: Chapters 18.116, Supplementary Provisions, a. Community center up to 4,000 sq. ft. and 18.124, Site Plan Review, of this title: in floor area. a. Multifamily housing, located along b. Multi -family housing. a collector road in the neighborhood c. Bed and Breakfast. planning area or Huntington or d. Church. Burgess Roads. e. Park or playground. b. Bed and Breakfast, located along a collector road in the neighborhood 3. Conditional Uses Permitted. The following planning area or Huntington or uses and their accessory uses are permitted subject Burgess Roads. to applicable provisions of this chapter and c. Child care facility located along a Chapters 18.116, Supplementary Provisions, collector road in the neighborhood 18.124, Site Plan Review, and 18.128, Conditional planning area or Huntington or Use, of this title: Burgess Roads, a. Single-family dwelling, including "Class d. Park or playground. A" manufactured home. b. Residential facility or residential home. 3. Conditional Uses Permitted. The following uses and their accessory uses are F. Community Facility District. permitted subject to applicable provisions of Purpose: The purpose of this district is to provide this chapter and Chapters 18.116, a location for public and private uses and facilities Supplementary Provisions, 18.124, Site Plan that serve the civic, social and recreational needs Review, and 18.128, Conditional Use, of this of the community. The Community Facility title: District also includes higher density housing. a. Townhome. 1. Uses Permitted Outright. b. Home occupation as defined in DCC a. Duplex, triplex or townhome. 18.04. b. Multi -use path. c. Open space. E. Residential Center District. Purpose: The Residential Center District is a 2. Uses Permitted Subject to Site Plan Review. location for social activities and small mixed-use Uses Permitted The following uses and their residential/commercial businesses. It is located accessory uses are permitted subject to near the geographical centers in the neighborhood applicable provisions of this chapter and planning area. This district is the location for Chapters 18.116, Supplementary Provisions, more compact housing types such as townhomes and 18.124, Site Plan Review, of this title: and apartment buildings that activate the center a. Multifamily housing. and allow a greater number of people the option to b. Continuing care retirement center. walk for their daily needs. c. Hospital. d. Medical facility. 1. Uses Permitted Outright. e. Assisted living, congregate care facility. a. Town home, duplex or triplex. f. Nursing home. b. Accessory dwelling. g. Mixed use building (residential with c. Live/work unit. other permitted use in the district). d. Multi -use path. h. Child care center. e. Open space. i. Public use. j. Community center. Page 10 of 12 — EXHIBIT "B" TO ORDINANCE NO. 2000-01 S (08/09/00) EXHIBIT "B" k. Church. 1. Senior center. m. Library. n. Museum. o. Performing arts building. p. Theater. q. School. r. Park or playground. 3. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, 18.124, Site Plan Review, and 18.128, Conditional Use, of this title: a. Single-family dwelling. b. Retail or professional office use that supports a permitted use in the district. G. Community Facility Limited District. Purpose. The purpose of this district is to identify a location for a school, recreation and transportation facilities. I . Uses Permitted Outright. a. Multi -use path. b. Open space. 2. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, and 18.124, Site Plan Review, of this title: a. Park and ride facility. b. School. c. Park or playground. 3. Uses Permitted Subject to Conditional Use. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, 18.124, Site Plan Review, and 18.128, Conditional Use, of this title: a. Equestrian facility. H. Commercial District. Purpose. The purpose of this district is to provide a location for small scale convenience commercial uses designed to serve the Neighborhood Planning Area. I. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted in a building or buildings each not exceeding 4,000 square feet of floor space, subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, and 18.124, Site Plan Review, of this title: a. Convenience market. b. Video store. c. Retail store. d. Multi -use path. e. Open space. Conditional Uses Permitted. The following uses and their accessory uses are permitted in a building or buildings each not exceeding 4,000 square feet of floor space, subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, 18.124, Site Plan Review, and 18.128, Conditional Use, of this title: a. Restaurant. I. Park/Open Space District. The purpose of this district is to provide open space buffers along Huntington and Burgess Roads, Highway 97, and between existing residential lots and the northwestern portion of the Neighborhood Planning Area that provide open space, visual screening with earthen berms and vegetation, and passive recreation, including pedestrian, bicycle and equestrian trails; and to provide public open space and developed park and recreation facilities within the Neighborhood Planning Area. 1. Uses Permitted Outright. a. Multi -use path. b. Open space. Uses Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, and 18.124, Site Plan Review, of this title: a. Park or playground. b. Community recreation facility. 2. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter and Chapters 18.116, Supplementary Provisions, Page 11 of 12 — EXHIBIT " B" TO ORDINANCE NO. 2000-01 S (08/09/00) EXHIBIT "B" 18.124, Site Plan Review, and 18.128, Conditional Use, of this title% a. Equestrian facility. (Ord. 2000-015 § 2, 2000) Page 12 of 12 — EXHIBIT "B" TO ORDINANCE NO. 2000-015 (08/09/00)