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2002-915-Ordinance No. 2002-002 Recorded 6/20/2002REVIEWED LEGAL COUNSEL REV EWED CODE REVIEW COMMITTEE COUNTY OFFICIAL MARY HSUESPENHOLLOW, COUNTYRCLERKS Q 2002.915 COMMISSIONERS' JOURNAL 06/20/2002 08;00;00 AM For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18, Deschutes County * Zoning Ordinance of the Deschutes County Code. * ORDINANCE NO. 2002-002 WHEREAS, The Board of County Commissioners has determined that to comply with Periodic Review and OAR 660-022, amendments to the Deschutes County Zoning Ordinance are required; and WHEREAS, to comply with Periodic Review and OAR 660-022, File No. TA -99-3 was initiated by Deschutes County to amend the Zoning Ordinance regarding Rural Service Centers; and WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has considered the recommendation of the Planning Commission; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.12.010, Establishment of zones, 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 st: iketlife gh, Section 2. ADDING. DCC Title 18 is amended by the addition of a new chapter, DCC 18.65, Rural Service Center — Unincorporated Community Zone, as described in Exhibit "B," attached hereto and by this reference incorporated herein. Section 3. REPEAL AND REPLACE ZONING MAPS. Pursuant to DCC 18.12.030, the zoning maps for the communities of Alfalfa, Brothers, Hampton and Milllican, shown in Exhibits "C", "E", "G" and "I," are hereby repealed and replaced in DCC 18.65.040, Maps, with new zoning maps for each community, as shown in Exhibits "D", "F", "H" and "J," attached hereto and by this reference incorporated herein. Section 4. REPEAL ZONING CHAPTERS. DCC 18.68, Rural Service Residential Zone (RSR -M) and DCC 18.72, Rural Service Residential 5 Zone (RSR -5), are hereby repealed. PAGE 1 OF 2 - ORDINANCE NO. 2002-002 (06/05/02) Section 5. FINDINGS. The Board adopts the staff report attached as Exhibit "M" to Ordinance No. 2002-001, incorporated herein by this reference, as its findings in support of this Ordinance. DATED thisday of — , 2002. Date of 1 st Reading d-" ���day of , 2002. BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, OREGON TOM DEWOLF, Chair v DENNIS R. LUKE, Commissioner Date of 2nd Reading: -"day, 2002. Record of Adoption Vote Commissioner Yes No Abstained Excused Tom DeWolf Dennis R. Luke Michael M. Daly Effective date: e day of 2002. ATTEST: - Awm�- Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2002-002 (06/05/02) EXHIBIT "A" 18.12.010. Establishment of zones. For the purpose of DCC Title 18, the following primary zones, combining zones, subzones and zone districts are hereby established: A. Primary zones. Airport Development AD Exclusive Farm Use Zones EFU Flood Plain FP Forest Use F 1 Forest Use F2 Multiple Use Agriculture MUA10 Open Space and Conservation OS&C Rural Industrial RI Rural Residential RR10 Rural Service Center Rai a! Seiv ice RSC Rural Se, v icc LPNCFL Surface Mining SM hp Neighborhood Commercial Ect Pine Urban Unincuipotated eommarrity Neighborhood Park/Open Space Kil Airport Height AH Conventional Housing CH Destination Resort DR Landscape Management LM Limited Use LU Sensitive Bird & Mammal Habitat SBM Surface Mining Impact Area SMIA Wildlife Area WA Uxclusive Parm Use Jubzones Abbreviations Alfalfa EFUAL Horse Ridge East EFUHR La Pine EFULA Lower Bridge EFULB Sisters/Cloverdale EFUSC Terrebonne EFUTE Tumalo/RedmondBend EFUTRB D. Unincorporated Community Zones. 1. La Pine Urban Unincorporated r'nmmvm;tai La Pine Planning Area Abbreviations Commercial District LPC Community Facility District LPCF Community Facility Limited District LPCFL Flood Plain District LPFP Industrial District LPI Business Park District LPBP Residential District LPR Sewer Treatment District LPST Neighborhood Planning Area Abbreviations Neighborhood Community Facility LPNCF Neighborhood Community Facility LPNCFL Limited Neighborhood Commercial LPNC Neighborhood Park/Open Space LPNPO Neighborhood Residential Center LPNRC Neighborhood Residential General LPNRG Wickiuy Planning Area Abbreviation Wickiup Commercial/Residential LPWJ 2. Sunriver Urban Unincorporated Sunriver UUC Districts Abbreviations Airport District SUA Business Park District SUBP Commercial District SUC Community General District SUCG Community Limited District SUCL Community Neighborhood District SUCN Community Recreation District SUCR Flood Plain Combining District SUFP Forest District SUF Multiple Family Residential District SURM Resort District SUR PAGE 1 of 2 - EXHIBIT "A" To ORDINANCE NO. 2002-002 (06/05/02) EXHIBIT "A" Resort Equestrian District SURE Resort Golf Course District SURG Resort Marina District SURA Resort Nature Center District SURN Single Family Residential District SURS Utility District SUU Terrebonne RC Districts Abbreviations Commercial District TERC Commercial -Rural District TECR Residential District TER Residential -5 acre minimum District TER5 Rural Commercial District TUC Residential District TUR Residential -5 acre minimum District TUR5 Research & Development District TURE fi5. Resort Communi A. Black Butte Ranch Abbreviations Resort District BBRR Surface Mining District/Limited Use BBRSM Utility District/Limited Use BBRU B. Inn of the 7t' Mountain/ Wid i Creek Abbreviations Resort District SMWCR Wid i Creek Residential District WCR (Ord. 2002-001 § 1, 2002, Ord. 2001-048 § 4, 2001, Ord. 2001-044 § 2, 2001; Ord. 98-063 § 2, 1998; Ord. 96-003 § 4, 1996; Ord. 92-025 § 5, 1992) PAGE 2 of 2 - EXHIBIT "A" To ORDINANCE NO. 2002-002 (06/05/02) EXHIBIT `B" Chapter 18.65. RURAL SERVICE CENTER - display or sale of stock in trade. UNINCORPORATED 4. Residential home and residential facility. COMMUNITY ZONE 5. Two-family dwelling or duplex. 6. Agricultural uses, as defined in Title 18, 18.65.010. Purpose. and excluding livestock feed lot or sales 18.65.020. Commercial/Mixed Use District yard, and hog or mink farms. (Brothers, Hampton and Millican). 7. Class I and II road or street project 18.65.021. Commercial/Mixed Use subject to approval as part of a land District (Alfalfa). partition, subdivision or subject to the 18.65.022. Residential District (Alfalfa). standards and criteria established by 18.65.023. Open Space District (Brothers). DCC 18.116.230. 18.65.030 Standards in all Districts. 8. Class III road and street project. 9. Operation, maintenance, and piping of existing irrigation systems operated by 18.65.010. Purpose. an Irrigation District except as provided The purpose of the Rural Service Center - in DCC 18.120.050. Unincorporated Community (RSC -UC) Zone is B. Uses Permitted Subject to Site Plan Review. to provide standards and review procedures for The following uses and their accessory uses the development of the rural service centers of are permitted, subject to applicable Alfalfa, Brothers, Hampton and Millican. The provisions of this chapter, DCC 18.116, provisions of this chapter shall apply to Rural Supplementary Provisions, and DCC 18.124, Service Centers that have been planned pursuant Site Plan Review, of this title: to OAR 660 Division 22. 1. Retail store, business office and/or (Ord. 2002-002 § 2, 2002) commercial establishment in a building or buildings each not exceeding 4,000 18.65.020. RSC — Commercial/Mixed Use square feet of floor space. The District (Brothers, Hampton aggregate area for any one type of use and Millican). that takes place in multiple buildings may A. Uses Permitted Outright. The following not exceed 4,000 square feet. uses and their accessory uses are permitted 2. Residential use in conjunction with a outright, subject to applicable provisions of permitted commercial use. this chapter: 3. Park or playground. 1. Single-family dwelling. 4. Community building. 2. Manufactured home, subject to DCC 5. Public or semipublic building or use. 18.116.070. 6. Highway maintenance facility. 3. Home occupation, limited in scope to an C. Conditional Uses Permitted. The following activity that: uses and their accessory uses are permitted a. is carried on within a dwelling only subject to applicable provisions of this by members of the family who reside chapter, DCC 18.116, Supplementary in the dwelling; Provisions, DCC 18.124, Site Plan Review, b. does not produce odor, dust, glare and DCC 18.128, Conditional Use, of this flashing lights or noise; title: c. does not occupy more than 25 1. Multi -family dwelling with three or more percent of the floor area of the units. dwelling; and 2. Church. d. does not include the on -premise 3. School. Page 1 of 5 — EXHIBIT `B" To ORDINANCE NO. 2002-002 (06/05/02) EXHIBIT `B" 4. Cemetery. 5. Home occupation that does not otherwise meet the provisions in DCC 18.65.020(A)(3). 6. Medical clinic or veterinary clinic. 7. Community Center. 8. Manufactured home park. 9. Recreational vehicle or trailer park. 10. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A). D. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. 4. The minimum side and rear yard setbacks for property that is adjacent to land zoned exclusive farm use shall be 50 feet. E. Lot Requirements. 1. Residential Uses: a. The minimum lot size for residential uses in Brothers, Hampton and Millican is 2.5 acres. b. Each lot shall have a minimum width of 200 feet. c. Each lot must be served by an on-site well. d. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or partition. e. Lot coverage for a dwelling and accessory buildings used primarily for residential purposes shall not exceed twenty-five (25) percent of the total lot area. Lot coverage for buildings used primarily for commercial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. 2. Commercial and Public Uses. a. The minimum lot size in Brothers, Hampton and Millican for a commercial use served by an on-site septic system and individual well shall be the size necessary to accommodate the use. In Alfalfa, the minimum lot size shall be the size necessary to accommodate the use, but not less than one acre. b. Each lot shall have a minimum width of 150 feet. c. On-site sewage disposal. For new lots or parcels, an applicant shall demon- strate that the lot or parcel can meet DEQ on-site sewage disposal rules prior to final approval of a subdivision or partition. (Ord. 2002-002 § 2, 2002) 18.65.21. Alfalfa RSC - Commercial/Mixed Use District. In Alfalfa, the following uses and their accessory uses are permitted: A. Uses Permitted Outright are those allowed in DCC 18.65.020 (A). B. Uses Permitted Subject to Site Plan Review are those allowed in DCC 18.65.020(B), with the exception of Highway maintenance facilities. C. Conditional Uses Permitted are those allowed in DCC 18.65.020(C), with the exception of Multi -family dwellings and manufactured home parks. 18.65.022. Alfalfa RSC - Residential District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to the applicable provisions of this chapter: 1. Agricultural uses, as defined in Title 18, subject to the restrictions in DCC Page 2 of 5 — EXHIBIT `B" To ORDINANCE NO. 2002-002 (06/05/02) EXHIBIT `B" 18.65.021(D), and excluding livestock feed lot or sales yard, and hog or mink farms. 2. Single-family dwelling, or a manu- factured home subject to DCC 18.116.070. 3. Two-family dwelling or duplex. 4. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. 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 DCC 18.116.230. 6. Class III road or street project. 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, DCC 18.116, Supplementary Provisions, and DCC 18.124 Site Plan Review, of this title: 1. Park or playground. 2. Community building. 3. Utility facility. C. Conditional Uses Permitted. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use, of this title: 1. Schools. 2. Medical clinic or veterinary clinic. 3. Daycare facility. 4. Church. 5. Home occupations. 6. Bed and breakfast inn. 7. Public use. 8. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). D. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. E. Lot Requirements. 1. The minimum lot size is 5 acres. 2. The minimum average width of lots shall be 200 feet. 3. Each lot must be served by an on-site well. 4. On-site sewage disposal. For new lots or parcels, an applicant shall demonstrate that the lot or parcel can meet DEQ on- site sewage disposal rules prior to final approval of a subdivision or partition. 5. Lot coverage for a dwelling and accessory buildings used primarily for residential purposes shall not exceed twenty-five (25) percent of the total lot area. Lot coverage for buildings used primarily for commercial purposes shall be determined by spatial requirements for sewage disposal, landscaping, parking, yard setbacks and any other elements under site plan review. F. Limitations on uses — RSC -Residential District. The following limitation shall apply to uses permitted in the RSC — Residential District: 1. Cows, horses, goats or sheep cannot be kept on lots having an area of less than 20,000 square feet. The total number of all such animals (other than their young under the age of six months) shall be limited to the square footage of the lot divided by 20,000 square feet, which is the minimum area per animal. 2. The number of chickens, fowl or rabbits over the age of six months shall not exceed one for each 500 square feet of land. Page 3 of 5 — EXHIBIT `B" To ORDINANCE NO. 2002-002 (06/05/02) EXHIBIT "B" 3. All livestock shall be located a minimum of 100 feet away from a residential building on an adjacent lot. 18.65.023. RSC — Open Space District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to applicable provisions of this chapter: 1. Agricultural uses, as defined in Title 18, and excluding livestock feed lot sales yard, and hog or mink farms. 2. Public and nonprofit agencies, museums And exhibits on lands where an exception has been granted in accordance with Oregon Administrative Rules chapter 660, Division 022. 3. Public wildlife reserve or management area, not including structures. 4. 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 DCC 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Conditional Uses Permitted. The following uses and their accessory uses are permitted, subject to the applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use, of this title: 1. Private parks, picnic areas or hunting and fishing preserves. 2. Public parks and recreational areas owned and operated by a governmental agency or nonprofit community organization. 3. Campground. 4. Utility facility except landfills. 5. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). C. Yard and Setback Requirements. 1. The front yard setback shall be a minimum of 20 feet from a property line fronting on a local street right of way and 50 feet from an arterial right of way. 2. The minimum side yard setback shall be 10 feet. 3. The minimum rear yard setback shall be 20 feet. 4. The minimum side and rear yard setbacks for property that is adjacent to land zoned exclusive farm use shall be 50 feet D. Lot Requirements. The minimum lot size shall be determined by the site plan requirements for a proposed public use. 18.65.030 Standards for all districts A. Building Height. In Alfalfa, no building or structure shall be erected or enlarged to exceed thirty (30) feet in height. In Brothers, Hampton and Millican, no building or structure shall be erected or enlarged to exceed thirty (30) feet in height, except as provided by DCC 18.120.040. B. Off -Street Parking and Loading. Off-street parking and loading shall be provided subject to the provisions of DCC 18.116, Supplementary Provisions. C. Outdoor Lighting. All outdoor lighting on site shall be installed in conformance with DCC 15. 10, Outdoor Lighting Control. D. Signs. All signs shall be constructed in accordance with DCC 15.08, Signs. E. Solar Setback. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. F. 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 Page 4 of 5 — EXHIBIT "B" To ORDINANCE NO. 2002-002 (06/05/02) EXHIBIT `B" the County under DCC 15.04 shall be met. Page 5 of 5 — EXHIBIT "B" To ORDINANCE NO. 2002-002 (06/05/02) /\/ PARCELS CM ALFALFA RURAL SERVICE CENTER BOUNDARY ALFALFA RURAL SERVICE CENTER - EXISTING ZONING 0 RURAL SERVICE CENTER 0 RURAL SERVICE RESIDENTIAL - 5 ACRE MINIMUM w..r�eatn' o.+.wa..rt EXHIBIT "C" ALFALFA RURAL SERVICE CENTER EXISTING ZONING MAP Exhibit "C" to Ordinance 2002-002 Wi 300 0 300 Feet BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tom De Wolf, Chair Dennis R. Luke, Commissioner Michael M. Daly, Commissioner ATTEST: RemrdiN Secretary Dated this _ day of April, 2002 Effective Date: July _, 2002 PARCELS ALFALFA RURAL SERVICE CENTER BOUNDARY ALFALFA RURAL SERVICE CENTER - ZONING DISTRICTS 0 RURAL SERVICE CENTER - COMMERCIAL / MIXED USE RURAL SERVICE CENTER - RESIDENTIAL Deschutes county OarMapeMm �. EXHIBIT "D" ALFALFA RURAL SERVICE CENTER PROPOSED ZONING MAP Exhibit "D" to Ordinance 2002-002 N WE sa �,S 300 0 300 Feet BOARD OF COUNTY COMMISSIONERS OF OESCES C N ,OREGON Tom D aR Ch �L/nh R`ltke, Comm xk Klf h -I M. DaN Com ' ll— ATTEST: RecorSmg SaorNary Detad Ihie—= day of Ju., 2002 Effective Deb: September —�-- 2002 /\/ PARCELS Q BROTHERS RURAL SERVICE CENTER BOUNDARY BROTHERS RURAL SERVICE CENTER ZONING RURAL SERVICE RESIDENTIAL - 5 ACRE MINIMUM Q OPEN SPACE 8 CONSERVATION 0 RURAL SERVICE CENTER Decfruts �Nlry o.wapr„a.n �, EXHIBIT "E" BROTHERS RURAL SERVICE CENTER EXISTING ZONING MAP Exhibit "E" to Ordinance 2002-002 M 500 0 500 Feet BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tom Daworc, Chair Dennis R. Luke, Comm ­one, Michael M. Daly, Commissioner ATTEST: Recording Secretary Dated this _ day of April, 2002 Effective Date: July_, 2002 /V PARCELS M BROTHERS RURAL SERVICE CENTER BOUNDARY BROTHERS RURAL SERVICE CENTER- ZONING DISTRICTS RURAL SERVICE CENTER - COMMERCIAL / MIXED USE RURAL SERVICE CENTER - OPEN SPACE Da..hu mnoty ice. �unlry Darabpmane .0, EXHIBIT "F" BROTHERS RURAL SERVICE CENTER PROPOSED ZONING MAP Exhibit "F" to Ordinance 2002-002 500 0 500 Feet BOARD OF COUNTY COMM SSIONERS OF DESCHU ES COUNTY , REGON T D Cheh M. R.,Luke, Co/mmdss« Michael M. Daly, Comm( ner ATTEST: Recmdng Secnlery Detad this-= day 0 Jene, 2002 ERaNve Deb: September 2002 PARCELS HAMPTON RURAL SERVICE CENTER BOUNDARY HAMPTON RURAL SERVICE CENTER ZONING 0 RURAL SERVICE CENTER 0 RURAL SERVICE RESIDENTIAL - 5 ACRE MINIMUM Deachu CnaMy /Lyi�1 Conxn�.-.�nlrl DrdeP�— _p. EXHIBIT "G" HAMPTON RURAL SERVICE CENTER EXISTING ZONING MAP Exhibit "G" to Ordinance 2002-002 500 0 500 Feet BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tom DaWdf, Chair O—m R. Luka, Commissioner Michael M. Daly, Commissioner ATTEST: Recording Secretary Dated this _ day of April 2002 EHecuve Date: July , 2002 PARCELS HAMPTON RURAL SERVICE CENTER BOUNDARY HAMPTON RURAL SERVICE CENTER - ZONING DISTRICT = RURAL SERVICE CENTER - COMMERCIAL / MIXED USE Deschutes County A. dmm�uRY Da�riaprrHMt .�{. EXHIBIT "H" HAMPTON RURAL SERVICE CENTER PROPOSED ZONING MAP Exhibit "H" to Ordinance 2002-002 0 400 0 400 Feet BOARDOF OREGON Dated this _ day at lures, 2002 Ellectrw Dab: September 2002 h�/G\ \y20 /V PARCELS M MILLICAN RURAL SERVICE CENTER BOUNDARY MILLICAN RURAL SERVICE CENTER ZONING 0 RURAL SERVICE CENTER RURAL SERVICE RESIDENTIAL - 5 ACRE MINIMUM ocrnut>d Coen mma m�unrtr EXHIBIT "1" MILLICAN RURAL SERVICE CENTER EXISTING ZONING MAP Exhibit "I" to Ordinance 2002-002 400 0 400 Feet HIGH `Y20 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Tom De Wolf, Chair Dennis R. Luke, Commissioner Michael M. Daly, Commissioner ATTEST: Recording Secretary Dated this _ day of April, 2002 Effective Date: July_, 2002 yr\ PARCELS ® MILLICAN RURAL SERVICE CENTER BOUNDARY MILLICAN RURAL SERVICE CENTER - ZONING DISTRICT 0 RURAL SERVICE CENTER - COMMERCIAL / MIXED USE Deschuba Cants CeneremRY tkwebpwrR .¢. EXHIBIT "J" MILLICAN RURAL SERVICE CENTER PROPOSED ZONING MAP Exhibit "J" to Ordinance 2002-002 N WE S 400 0 400 Feet H1GH\ , Y 20 BOARD OF COUNTY C MMISSIONERS OF D�ESCC TES COU! Y, OREGON Tom If, Chair 4 Dennis R. Luke, Commissioner Michael M. Dey, r n ATTEST: R..dg Secretary �H Dated tris•: Edey of Jum, 2002 ENectlre Date: September _ly'_ 2002