2002-958-Ordinance No. 2002-015 Recorded 6/25/2002REVIEWED
LEGAL COUNSEL
REV
CODE REQ VIE COMMITTEE
MARYSUE
HSPENHOLLOW, COUNTYCOUNTY OFFICIAL CLERK��1 2002-958
COMMISSIONERS' JOURNAL 06/15/1001 03;13;31 PM
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, and Declaring an Emergency.
ORDINANCE NO. 2002-015
WHEREAS, Deschutes County has initiated an amendment to Title 18, Deschutes County Zoning
Ordinance, of the Deschutes County Code (File Numbers TA -02-2 and TA -02-4) to establish new height limits
within the La Pine Business Park District (LPBP) and La. Pine Industrial District (LPI), as well as to amend
setback requirements within the La Pine Industrial District LPI), and
WHEREAS, the Deschutes County Planning Commission conducted a public hearing on the proposed
text amendments, and forwarded the proposed amendments to the Board of County Commissioners with a
recommendation that said amendments be adopted; and
WHEREAS, the proposed text amendments to Title 18 of the Deschutes County Code are necessary for
two (2) reasons; First, to make the minimum height restrictions in the La Pine Industrial District and La Pine
Business Park District consistent with all other zoning districts within Deschutes County. Second, it has been
brought to Deschutes County's attention that the requirement of not allowing parking within the front yard
setback area within the La Pine Industrial District has hindered development, and exempting the La Pine
Industrial District from this requirement will assist with the future economic development of the La Pine UUC,
which is the purpose of the Industrial District.
WHEREAS, because of the immediate development needs in the Districts, this ordinance is necessary
for the immediate implementation of the amended height limits in the La Pine Industrial District and La Pine
Business Park District, as well as the setback exception in the La Pine Industrial District; therefore, an
emergency is declared to exist, so that this ordinance can take effect on its passage; and,
WHEREAS, after notice was given and hearings conducted on January 30, 2002 for File Number TA -
02 -2 and on June 19, 2002 for File Number TA -02-4 before the Deschutes County Commissioners in
accordance with applicable law, the Board of County Commissioners has considered the proposed amendments;
now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC subsections 18.61.030(C)(6)(d) and 18.61.030(D)(8) are 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 s#iketlweu .
Section 2. AMENDMENT. DCC subsection 18.116.030(E)(5) is amended to read as described in
Exhibit `B," attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in ��i .
PAGE 1 OF 2 - ORDINANCE NO. 2002-015 (06/20/02)
Section 3. 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 W ay of bj11PC1C-- 52002.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM DEW , Chair
2
DENNIS R. LUKE, Commissioner
MfNXEL M. ALY, Crssioner
Date of 1St Reading: " day of , 2002.
Date of 2°a Reading: 41*— day of , 2002.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tom DeWolf r/
Dennis R. Luke �-
Michael M. Daly
Effective date: day of 2002.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2002-015 (06/20/02)
EXHIBIT "A"
PAGE 1 of 11. — E.XHIBIT "A" TO ORDINANCE NO. 2002-015 (06/19/2002)
d. Scientific research or experimental
development of materials, methods
18.61.030. La Pine Planning Area.
or products, including engineering
The La Pine Planning Area is composed of seven
and laboratory research.
eigll zoning districts, each with its own set of
e. Light manufacturing, assembly,
allowed uses and regulations, as further set forth
fabricating or packaging, and
in DCC 18.61.030.
wholesale distribution.
f. Cold storage plant, including storage
**
and office.
C. La Pine Industrial District.
g. Kennel or veterinary clinic operated
1. Uses Permitted Outright. The following
entirely within an enclosed building.
uses and their accessory uses are
h. Processing use such as bottling plant,
permitted outright:
creamery, laboratory, blueprinting
a. Agricultural use as defined in DCC
and photocopying, laundry, carpet
Title 18.
and rug cleaning plant, cleaning and
b. Excavation, grading or fill and
dyeing plant, tire retreading,
removal activities involved in
recapping and rebuilding.
creation of a wetland in areas not
i. Contractor's equipment storage or
requiring a conditional use permit for
sale yard, house mover, delivery
fill or removal.
vehicles, transit storage, trucking
c. Class I and II road or street project
terminal and used equipment in
subject to approval as part of a land
operable condition.
partition, subdivision or subject to
j• Manufacture of concrete products
the standards and criteria established
and ceramic products using only
by DCC 18.116.230.
previously comminuted raw
d. Class III road or street project.
materials.
e. Forest operation and forest practice
k. All types of automobile, motorcycle,
including, but not limited to,
boat, trailer and truck sales, service,
reforestation of forest land, road
repair, storage and rental.
construction and maintenance,
1. Retail or combination
harvesting of a forest tree species,
retail/wholesale lumber and building
application of chemicals and disposal
materials yard, not including
of slash.
concrete mixing.
2. Uses Permitted Subject to Site Plan
in. Manufactured home sales and
Review. The following uses and their
service.
accessory uses are permitted subject to
n. Plant nursery and greenhouse.
DCC 18.61.030(C)(4)(c)(2) and other
3. Conditional Uses Permitted. The
applicable provisions of DCC 18.61 and
following uses may be allowed subject to
DCC 18.11.6, Supplementary Provisions,
the applicable provisions of DCC 18.61
and DCC 18.124, Site Plan Review:
and DCC 18.124, Site Plan Review, and
a. Expansion of a valid use existing on
DCC 18.128, Conditional Use:
December 5, 1994.
a. Mini -storage facility.
b. Public use compatible with industrial
b. Hydroelectric facility, subject to
uses.
DCC 18.116.130 and 18.128.260.
c. Uses that require proximity to rural
c. Asphalt plant.
resources, as defined in OAR 660-
d. Lumber manufacturing and wood
04-022(3)(a).
processing including pulp and paper
manufacturing.
PAGE 1 of 11. — E.XHIBIT "A" TO ORDINANCE NO. 2002-015 (06/19/2002)
e. Electrical substation.
f. Concrete, asphalt and ready -mix
plant.
g. Petroleum products storage and
distribution.
h. Storage, crushing and processing of
minerals, including the processing of
aggregate into asphaltic concrete or
Portland cement concrete.
i. Commercial feedlot, stockyard, sales
yard, slaughterhouse and rendering
plant.
j. Railroad track, freight depot and
related facilities.
k. Agricultural products storage and
processing plant.
1. Transfer station.
in. Automotive wrecking yard totally
enclosed by a sight -obscuring fence.
n. Any use permitted by DCC
18.61.030(C)(2) that is expected to:
1. Require lot coverage in excess of
70 per cent;
2. Require more than one acre of
land; or
3. Generate any odor, dust, fumes,
glare, flashing lights or noise that
would be perceptible without
instruments 500 feet from the
property line of the subject use.
o. Service commercial use, such as
office, restaurant, cafe, refreshment
stand, bar and tavern, whose primary
purposes is to serve industrial uses in
the surrounding area, provided that
such use is allowed as part of an
Industrial Park Master Plan.
p. Wireless telecommunications
facilities, except those facilities
meeting the requirements of DCC
18.116.250(A) or (B).
4. Use Limits. The following limitations
and standards shall apply to uses listed in
DCC 18.61.030(0)(2) and (3):
a. Sewer and Water Requirements:
1. New uses that require Oregon
Department of Environmental
Quality (DEQ) Water Pollution
Control Facility (WPCF) permits
shall be required to connect to
PAGE 2 of 11. — E.XHIBIT "A" TO ORDINANCE NO. 2002-015 (06/19/2002)
the La Pine Sewer Treatment
Facility in lieu of obtaining a
WPCF permit.
2.
Uses that do not require a WPCF
permit shall demonstrate the
ability to obtain approval for an
on-site sewage disposal system
either before approval of the land
use permit or as a condition of
permit approval.
3.
If a use requires more than 5,000
gallons of water per day, an
application shall be made to the
Oregon Water Resources
Department for a water rights
permit or the use must be
connected to a municipal,
community or public water
system.
b. Compatibility:
1.
A use that requires a lot area
exceeding 9,000 square feet shall
not be permitted to locate
adjacent to a lot in a residential
district.
2.
A use expected to generate more
than 30 truck -trailer or other
heavy equipment trips per day to
and from the subject property
shall not be permitted to locate
on a lot adjacent to or across a
street from a lot in a residential
district.
3.
Any use on a lot adjacent to or
across the street from a lot in a
residential district shall not emit
odor, dust, fumes, glare, flashing
lights, noise, or similar
disturbances perceptible without
instruments more than 200 feet
in the direction of the affected
residential use or lot.
4.
Storage, loading and parking
areas for uses permitted by DCC
18.61.030(C)(2) and (3) shall be
screened from residential zones.
5.
No use requiring air contaminant
discharge permits shall be
approved by the Planning
Director or Hearings Body prior
PAGE 2 of 11. — E.XHIBIT "A" TO ORDINANCE NO. 2002-015 (06/19/2002)
C
to review by the applicable state
space if the Planning Director or
or federal permit -reviewing
Hearings Body finds:
authority, nor shall such uses be
1. That such uses are necessary
permitted adjacent to or across a
to provide employment that does
street from a residential lot.
not exceed the total projected
6. A property hosting a service
work force within the
commercial use shall be subject
community and the surrounding
to a waiver of remonstrance
rural area;
recorded in the Deschutes
2. That such uses would not rely
County Book of Records
upon a work force served by uses
declaring that the operator and
within urban growth boundaries;
his or her successors will not
and
now or in the future file a
3. That the determination of the
complaint aimed at curtailing
work force of the community
industrial activities on adjacent
and surrounding rural area
properties conducted in
considers the total industrial and
conformance with DCC 18.61.
commercial employment in the
Traffic/Parking
community and is coordinated
1. A use that generates more than
with employment projections for
20 auto or truck trips during the
nearby urban growth boundaries.
busiest hour of the day to and
5. Additional Requirements. Asa condition
from the premises shall be
of approval of any use proposed, the
served directly by an arterial or
Planning Director or Hearings body
collector.
may require:
2. An applicant must demonstrate
a. An increase in required
that affected transportation
setbacks.
facilities are adequate to serve
b. Additional off-street parking
the proposed use, considering the
and loading facilities.
functional classification,
c. Limitations on signs or
capacity and the level of service
lighting, hours of operation and
of such facilities.
points of ingress and egress.
3. All parking demand created by
d. Additional landscaping,
any use permitted by DCC
screening and other
18.61.030(C) shall be
improvements.
accommodated on the applicant's
6. Dimensional Standards. The following
premises entirely off-street.
dimensional standards shall apply:
4. There shall be only one ingress
a. Minimum Lot Size. The minimum
and one egress from properties
lot size shall be determined subject
accommodating uses covered by
to the provisions of DCC
DCC 18.61.030(C) per each 300
18.61.030(C) concerning setback
feet or fraction thereof of street
requirements, off-street parking and
frontage. If necessary to meet
loading.
this requirement, uses shall
b. Lot Coverage. Notwithstanding
provide for shared ingress and
DCC 18.61.030(C)(3)(n), a use
egress.
permitted by DCC 18.61.030(C) is
Requirements for Large Scale Uses.
located adjacent to or across the
Any industrial use listed above in
street from a lot in a residential
DCC 18.61.030(C)(2) and (3) may
district shall not exceed 70 percent
be allowed in a building or buildings
lot coverage by all buildings, storage
exceeding 20,000 square feet of floor
PAGE 3 of 11. — E.XHIBIT "A" TO ORDINANCE NO. 2002-015 (06/19/2002)
PAGE 4 of I I —.EXHIBIT "A" TO ORDINANCE NO. 2002-015 (06/19/2002)
areas or facilities and required off-
D. La Pine Business Park District.
street parking and loading area.
1. Uses Permitted Subject to Site Plan
c.
Setbacks.
Review. The following uses and
1. The minimum building setback
their accessory uses are permitted
between a non -railroad related
subject to the applicable provisions
structure and a street, road or
of DCC 18.61 and DCC 18.116,
railroad right-of-way line shall
Supplementary Provisions, and DCC
be 50 feet unless a greater
18.124, Site Plan Review:
setback is required for
a. Commercial use, as defined in
compliance with Comprehensive
DCC 18.04, in a building or
Plan policies.
buildings each not exceeding
2. The minimum setback between a
8,000 square feet of floor space.
structure and a property line
b. Industrial use, as defined in DCC
adjoining a residential district
18.04, in a building or buildings
shall be 50 feet.
not exceeding 20,000 square feet
3. The minimum setback between a
of floor space.
structure and an existing use
2. Conditional Uses Permitted.
shall be three feet from the
Notwithstanding the uses allowed
property line and at least six feet
under DCC 18.61.030(D)(1), the
from a structure on the adjoining
following uses may be allowed
property.
subject to the applicable provisions
d.
Building Heights. The maximum
of DCC 18.61 and DCC 18.124, Site
building height for any structure
Plan Review, and DCC 18.128,
shall be 2-5 30 feet on any lot
Conditional Use:
adjacent to or across a street fion a
a. Mini -storage facility.
residential district and 45 feet on any
b. Processing use such as bottling
other lot not adjacent to a residential
plant, creamery, laboratory,
district or that is separated from a
blueprinting and photocopying,
residential district by a street or rod
laundry, carpet and rug cleaning
However, if a building on a lot
plant, cleaning and dyeing plant,
adjacent to a residential distri t, but
tire retreading, recapping and
no s .narated by a street or mad, is
rebuilding.
set hack 100 f . t or more from the
c. Contractor's equipment storage
residential district, the maxim ,m
or sale yard, house mover,
height shall he 45 feet.
delivery vehicles, transit storage,
e.
Minimum Lot Frontage. The
trucking terminal and used
minimum lot frontage shall be 50
equipment in operable condition.
feet.
d. Manufacture of concrete
f.
Side Yard. None required, except
products and ceramic products
when a parcel or lot with a side yard
using only previously
adjacent to zoned forestland shall
comminuted raw materials.
have a minimum side yard of 100
e. Manufactured home sales and
feet.
service.
g.
Rear Yard. None required, except
f. Lumber manufacturing and
when abutting a yard in a Residential
wood processing.
District, and then the rear yard shall
g. Electrical substation.
be a minimum of 20 feet. A parcel
h. Agricultural products storage
or lot with a rear yard adjacent to
and processing plant.
zoned forest land shall have a
i. Any use permitted by DCC
minimum rear yard of 100 feet.
18.61.030(D) that is expected to:
PAGE 4 of I I —.EXHIBIT "A" TO ORDINANCE NO. 2002-015 (06/19/2002)
I. Require lot coverage in
2.
New uses must be connected
excess of 70 per cent;
to a municipal, community
2. Require more than one acre
or public water system.
of land; or
b. Compatibility:
3. Generate any odor, dust,
1.
A use that requires a lot area
fumes, glare, flashing lights
exceeding 9,000 square feet
or noise that would be
shall not be permitted to
perceptible without
locate adjacent to a lot in a
instruments 500 feet from
residential district.
the property line of the
2.
A use expected to generate
subject use.
more than 30 truck -trailer or
j. Wireless telecommunications
other heavy equipment trips
facilities, except those facilities
per day to and from the
meeting the requirements of
subject property shall not be
DCC 18.116.250(A) or (B).
permitted to locate on a lot
3. Additional Requirements for Large
adjacent to or across a street
Scale Uses. A commercial use in the
from a lot in a residential
Business Park District may be
district.
allowed in a building or buildings
3.
Any use on a lot adjacent to
exceeding 8,000 square feet of floor
or across the street from a lot
space if the Planning Director or
in a residential district shall
Hearings Body finds:
not emit odor, dust, fumes,
a. That the intended customers for
glare, flashing lights, noise,
the proposed use will come from
or similar disturbances
the community and surrounding
perceptible without
rural area, or the use will meet
instruments more than 200
the travel needs of the people
feet in the direction of the
passing through the area, For the
affected residential use or
purposes of DCC 18.61.030(D),
lot.
the surrounding rural area shall
4.
Storage, loading and parking
be that area identified in the map
areas for all uses shall be
depicted as Figure 5 in the La
screened from residential
Pine Urban Unincorporated
zones.
Community section of the
5.
No use requiring air
Comprehensive Plan.
contaminant discharge
b. The use will primarily employ a
permits shall be approved by
work force from the community
the Planning Director or
and surrounding rural area, and
Hearings Body prior to
c. That it is not practical to locate
review by the applicable
the use in a building or buildings
state or federal permit -
under 8,000 square feet of floor
reviewing authority, nor
space.
shall such uses be permitted
4. Use Limits. The following limita-
adjacent to or across a street
tions and standards shall apply to all
from a residential lot.
uses:
6.
A property hosting a service
a. Sewer and Water Requirements:
commercial use shall be
1. New uses shall be required
subject to a waiver of
to connect to the La Pine
remonstrance recorded in the
Sewer Treatment Facility.
Deschutes County Book of
Records declaring that the
PAGE 5 of 1 l — EXHIBIT "A" TO ORDINANCE, NO. 2002-015 (06/19/2002)
operator and his or her
a. An increase in required
successors will not now or in
setbacks.
the future file a complaint
b. Additional off-street parking
aimed at curtailing industrial
and loading facilities.
activities on adjacent
c. Limitations on signs or
properties conducted in
lighting, hours of operation
conformance with DCC
and points of ingress and
18.61.
egress.
c. Traffic/Parking
d. Additional landscaping,
I. A use that generates more
screening and other
than 20 auto or truck trips
improvements.
during the busiest hour of
6. Dimensional Standards. The
the day to and from the
following dimensional standards
premises shall be served
shall apply:
directly by an arterial or
a. Minimum Lot Size. The
collector.
minimum lot size shall be
2. An applicant must
determined subject to the
demonstrate that affected
provisions of DCC
transportation facilities are
18.61.030(D) concerning
adequate to serve the
setback requirements, off -
proposed use, considering
street parking and loading.
the functional classification,
b. Minimum Lot Frontage.
capacity and the level of
The minimum lot frontage
service of such facilities.
shall be 50 feet.
3. All parking demand created
c. Lot Coverage. A use
by any use permitted by
permitted by DCC
DCC 18.61.030(D) shall be
18.61.030(D) that is located
accommodated on the
adjacent to or across the
applicant's premises entirely
street from a lot in a
off. -street.
residential district shall not
4. Parking may be allowed
exceed 70 percent lot
within the front yard
coverage by all buildings,
building setback area except
storage areas or facilities and
that no parking shall be
required off-street parking
allowed within 10 feet of
and loading area.
any street.
7. Setbacks.
5. There shall be only one
a. Front Yard. The minimum
ingress and one egress from
setback between a building
properties accommodating
and the street that provides
uses permitted by DCC
ingress and egress to that
18.61.030(D) per each 300
building shall be 30 feet
feet or fraction thereof of
unless a greater setback is
street frontage. If necessary
required for compliance with
to meet this requirement,
Comprehensive Plan
uses shall provide for shared
policies.
ingress and egress.
b. Side Yard. None required,
5. Additional Requirements. As a
a structure and a property
condition of approval of any use
line adjoining a street shall
proposed, the Planning Director or
be 10 feet.
Hearings body may require:
PAGE 6 of 11 — EXHIBIT "A" TO ORDINANCE NO. 2002-015 (06/19/2002)
c. Rear Yard. None required,
except the minimum setback
between a structure and a
property line adjoining a
street or a residential district
shall be 20 feet. A parcel or
lot with a rear yard adjacent
to zoned forestland shall
have a minimum rear yard of
100 feet.
d. The minimum setback
between a structure and an
existing use shall be three
feet from the property line
and six feet from a structure
on the adjoining property.
8. Building Height. The maximum
building height for any structure
shall be 2-5 3-0 feet on any lot
adjacent to or across a street fion a
residential district and 45 feet on any
other lot not adjacent to a residential
district or tha i s Senara . d from a
residential distil .t by a street or road
However, if a building on a lot
adjacent to a residential district, but
not se ra .d by a street or road, is
set hack 100 feet or more from the.
residential district, the maximum
light shall he 45 feet
(Ord. 2002-015 § 1, Ord. 2001-044 § 3,
2001; 2001-016 § 2, 2001; 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)
PAGE 7 of 11 — EXHIBIT "A" TO ORDINANCE NO. 2002-015 (06/19/2002)
EXHIBIT `B"
18.116.030(E)(5). General Provisions. Off-street parking
E. General Provisions. Off -Street
Parking.
1. More Than One Use on One or
More Parcels. In the event
several uses occupy a single
structure or parcel of land, the
total requirement for off-street
parking shall be the sum of
requirements of the several uses
computed separately.
2. Joint Use of Facilities. The off-
street parking requirements of
two or more uses, structures or
parcels of land may be satisfied
by the same parking or loading
space used jointly to the extent
that it can be shown by the
owners or operators of the uses,
structures or parcels that their
operations and parking needs do
not overlap at any point of time. If
the uses, structures or parcels
are under separate ownership,
the right to joint use of the
parking space must be evidence
by a deed, lease, contract or
other appropriate written
document to establish the joint
use.
3. Location of Parking Facilities.
Off-street parking spaces for
dwellings shall be located on the
same lot with the dwelling. Other
required parking spaces shall be
located on the same parcel or
another parcel not farther than
500 feet from the building or use
they are intended to serve,
measured in a straight line from
the building in a commercial or
industrial zone. Such parking
shall be located in a safe and
functional manner as determined
during site plan approval. The
burden of proving the existence
of such off -premise parking
arrangements rests upon the
applicant.
4. Use of Parking Facilities.
Required parking space shall be
available for the parking of
operable passenger automobiles
of residents, customers, patrons
and employees only and shall not
be used for the storage of
vehicles or materials or for the
parking of trucks used in
conducting the business or used
in conducting the business or
use.
5. Parking, Front Yard. Required
parking and loading spaces for
multi -family dwellings or
commercial and industrial uses
shall not be located in a required
front yard, except in the Sunriver
UUC Business Park (BP) District
and the La Pine UUC Business
Park (LPBP) District and the La
Pine UUC Industrial District
(LPI), but such space may be
located within a required side or
rear yard.
(Ord. 2002-026 § 1, Ord. 2001-
044 § 4, 2001; Ord. 97-078 § 6,
1997; Ord. 96-003 § 7, 1996;
Ord. 93-063 § 2, 1993; Ord.
93-043 § 19, 1993; Ord. 91-038 §
1, 1991; Ord. 91-020 § 1, 1991;
Ord. 90-017 § 1, 1990)
Page 1 of 1 — EXHIBIT `B" TO ORDINANCE NO. 2002-015 (06/19/02)