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2002-1391-Ordinance No. 2002-127 Recorded 12/17/2002I REVIEWED 'off LEGAL COUNSEL REVIEWED CODE REVTEW COMMITTEE COUNTY OFFICIAL MARY" SUE SPENHOLLOW, COUNTYRCLERKS yd �QO�•1391 COMMISSIONERS' JOURNAL 12/i7/2002 12;09;53 PM IIII 1101 X111111111111111111111 Z 0013 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18, the Deschutes County Zoning Ordinance of the Deschutes County * ORDINANCE NO. 2002-127 Code to amend the text of the Rural Industrial Zone. WHEREAS, to comply with Periodic Review — Task 14, File No. TA -02-10 was initiated by Deschutes County to amend Title 18 regarding Rural Industrial zones; and WHEREAS, after notice was given and a public hearing was held on October 24, 2002, as required by law, the Deschutes County Planning Commission considered amendments to Title 18 of the Deschutes County Code and recommended approval of these amendments to the Deschutes Board of County Commissioners; and WHEREAS, The Board of County Commissioners has determined that to comply with Periodic Review - Task 14, amendments to Title 18 of the Deschutes County Code are required; and WHEREAS, after notice and hearing on November 13, 2002, 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 Chapter 18.100, Rural Industrial zone, 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 sfikethfeeg#. PAGE 1 OF 2 - ORDINANCE NO. 2002-127 (12/11/02) Section 2. FINDINGS. The Board adopts the Staff Report for File Numbers PA -02-7 & TA -02-10, attached as Exhibit `B," to Ordinance 2002-126, and incorporated herein by this reference, as its findings in support of this Ordinance. DATED this // day of C"Ah&L - , 2002. Date of 1St Reading: I?7 dJay of 7[ Ci 20w. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TOMIDEW F, Chair �J ENNIS R. LUKE, Commissioner dil Date of 2"d Reading: & day ot���02. Record of Adoption Vote Commissioner Yes No Abstained Excused Tom DeWolf Dennis R. Luke Michael M. Daly Effective date: G < day of ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2002-127 (12/11/02) EXHIBIT "A" Chapter 18.100. RURAL INDUSTRIAL ZONE - R -I f 8.100.010. Put pose. 18.100.6MM. Uses permitted outright. 18.100.93942.4. Conditional uses. 18.100.949M. Use limitations. 18.100.059444. Dimensional standards. 18.f 00.060. Sta earn setbacks. 18.100.99`9454. Off-street parking and loading. 18.100.9894f&. Site design. 18.f 00.090. Design and use critet izr-- 18.100.f994Z4. Additional requirements. 18.100.1394$4. Solar setback. f 8A 00A 20. Rimi, ock setback. KVJVAVA RWM •. 11 BAKIN WILVMIIIRE .. . •L11.1 no= In. Itun Mar. IIPMit II0U9—I•I-Ar.IU•J Lei �P{•II/lU1r.I�1I l•{.I.I Is I=I l.1 -1.7•I \S%UI�IIIr/t llf:,Irl•11�1•�f•Pl/IQl•T�I • .1 . . . • .... . . .. . ..... .. . 51 . 1 11 • .1 1 .. IU U•r ll�ll•{yly r. III It I I•�d-J\7 .1 . 1 • l•1UIIPlII lq/h7 AA�111 Pl-l. 1 .1 . . • • • • . . 1 ■ • 18.100.09414. Uses permitted outright. In an R -I Zone, the following uses and their accessory uses are permitted outright except as limited by DCC 18.100.040, and unless located within 600 feet from a residential dwelling, a lot within a platted subdivision or a residential zone. A. Farming or forest use. BC. Residence for caretaker or night watchman on property. Depot,D. Freight I • n• the loading. unloading, storage and distribution of goods and u. by railcar or r HE. Contractor's or building materials business and other construction -related business including plumbing, electrical, roof, siding, etc., provided such use is wholly enclosed within a building or no outside storage is permitted unless enclosed by sight -obscuring fencing. EE. Ice or cold storage plant. Ffi. Wholesale distribution outlet including warehousing, but excluding open outside storage. eH.Welding, sheet metal or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by sight -obscuring fencing. HI. Kennel or a Veterinary clinic, or kei= . 1 •. • 1 1 1 . . 1 i4I .1 •HIM. V .1.1Il� • L!jI 1 • /. 1 1 • .1 �' • • • . . 1 ■ • • L!jI 1 • /. 1 1 • .1 �' I • . ai am • ■1 ■1 :J • • A • . • II k9i1 • 1 • I • I WA • • Page 1 of 5 -EXHIBIT "A" to ORDINANCE No. 2002-127 (12/11/02) EXHIBIT "A" X11. Lumber manufacturing and wood processing except pulp and paper manufacturing. PK. 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. @L. Class III road or street project. RM.Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. (Ord. 2002-126, § 1, 2002; Ord. 2001-039 § 12, 2001; Ord. 2001-016 § 2, 2001; Ord. 93-043 § 16,1993; Ord. 91-038 § 1, 1991) 18.100.023'0. Conditional uses. The following uses may be allowed subject to DCC 18.128: A. Any use permitted by DCC 18.100.020, which is located within 600 feet of a residential dwelling, a lot within a platted subdivision or a residential zone. D$.Any use permitted by DCC 18.100.020, which involves open storage. £-Q. Concrete or ready -mix plant. FD. Petroleum products storage and distribution. GE. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland Cement Concrete. PIE. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant. PIU. Railroad trackage and related facilities. JH. Pulp and paper manufacturing. EI. Any use permitted by DCC 18.100.020, which is expected to exceed the following standards: 1. Lot coverage in excess of 70 percent. 2. Need fo, tyro, e thmi one acre of land. -a2. Generation of any odor, dust, fumes, glare, flashing lights or noise that is perceptible without instruments 500 feet from the property line of the subject use. Mi. Manufacture, repair or storage of articles manufactured from bone, cellophane, cloth, cork, feathers, felt, fiber, glass, stone, paper, plastic, precious or semiprecious stones or metal, wax, wire, wood, rubber, yam or similar materials, provided such uses do not create a disturbance because of odor, noise, dust, smoke, gas, traffic or other factors. @M. Mini -storage facility. RLI -Automotive wrecking yard totally enclosed by a sight -obscuring fence. TQ. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). . 'P.M.� �. Page 2 of 5 -EXHIBIT "A" to ORDINANCE No. 2002-127 (12/11/02) 2 0 =0191011 D$.Any use permitted by DCC 18.100.020, which involves open storage. £-Q. Concrete or ready -mix plant. FD. Petroleum products storage and distribution. GE. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland Cement Concrete. PIE. Commercial feedlot, stockyard, sales yard, slaughterhouse and rendering plant. PIU. Railroad trackage and related facilities. JH. Pulp and paper manufacturing. EI. Any use permitted by DCC 18.100.020, which is expected to exceed the following standards: 1. Lot coverage in excess of 70 percent. 2. Need fo, tyro, e thmi one acre of land. -a2. Generation of any odor, dust, fumes, glare, flashing lights or noise that is perceptible without instruments 500 feet from the property line of the subject use. Mi. Manufacture, repair or storage of articles manufactured from bone, cellophane, cloth, cork, feathers, felt, fiber, glass, stone, paper, plastic, precious or semiprecious stones or metal, wax, wire, wood, rubber, yam or similar materials, provided such uses do not create a disturbance because of odor, noise, dust, smoke, gas, traffic or other factors. @M. Mini -storage facility. RLI -Automotive wrecking yard totally enclosed by a sight -obscuring fence. TQ. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). . 'P.M.� �. Page 2 of 5 -EXHIBIT "A" to ORDINANCE No. 2002-127 (12/11/02) 2 EXHIBIT "A" .. ,I . . . a 1911M. memo I I I I I I . 11- .. . .. (Ord. 2002-126, § 1, 2002; Ord. 2001-039 § 12, 2001; Ord. 2001-016 § 2, 2001; Ord. 97-063 § 3, 1997; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1, 1991; Ord. 90-014 § 38, 1990; Ord. 86-018 § 15, 1986) 18.100.940M. Use limitations. In an R -I Zone, the following limitations and standards shall apply to all permitted and conditional uses: ' M-. =1919 - a . of Mou.•u. �• • . • .- men I1 1- 1$ -. •�- - ::: I MI . . . . . . . ... . . . . B. No use expected to generate more than 30 truck -trailer or other heavy equipment trips per day to and from the subject property shall be permitted to locate on a lot adjacent to or across a street from a residential dwelling, a lot in a platted subdivision or a residential zone. C. No use shall be permitted that generates more than 20 auto or truck trips during the busiest hour of the day to and from the premises unless served directly by an arterial or collector or other improved street or road designed to serve the industrial use which does not pass through or adjacent to residential lots in a platted subdivision or a residential zone. D. Any use on a lot adjacent to or across the street from a residential dwelling, a lot in a platted subdivision or a residential zone 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. E. All parking demand created by any use permitted by DCC 18.100.020 or 03049 shall be accommodated on the applicant's premises entirely off-street. F. No use permitted by DCC 18.100.020 or 03-049 shall require the backing of traffic onto a public or private street or road right of way. G. There shall be only one ingress and one egress from properties accommodating uses permitted by DCC 18.100.020 or 03049 per each 300 feet or fraction thereof of street frontage. If necessary to meet this requirement, permitted uses shall provide for shared ingress and egress. H. All uses permitted by DCC 18.100.029--QI 43-049 shall be screened from adjoining residential uses by a sight -obscuring fence. I. No use shall be permitted to operate for business between the hours of 11:00 p.m. and 7:00 a.m. if located adjacent to or across the street from a residential dwelling, a lot in a platted subdivision or a residential zone except as is consistent with DCC 8.08except as approved by tfie evarrty Sheriff. L—J-.--No use shall be permitted which has been declared a nuisance by state statute, County ordinance or a court of competent jurisdiction. No use requiring contaminant discharge permits shall be approved by the Planning Director or Hearings Body prior to review by the applicable state or federal permit -reviewing authority, nor shall such uses be permitted adjacent to or Page 3 of 5 -EXHIBIT "A" to ORDINANCE No. 2002-127 (12/11/02) 3 EXHIBIT "A" across a street from a residential use or the property firie mid at least six f�et fto lot. stincttue ort the adjoining property. (Ord. 2002-126, § 1, 2002; Ord. 91-020 § 1, 1991) 18.100.950M. Dimensional standards. In an R -I Zone, the following dimensional standards shall apply: A. The minimum lot size shall be determined subject to the provisions of DCC 18.100.050. B. No conditional use= permitted by DCC 18.100.03.50 that is located within 600 feet feet of aadjacent to or across the street fiont a --residential use, of lot in a platted subdivision ora residential zone shall exceed 70 percent lot coverage by all buildings, storage areas or facilities and required off-street parking and loading area. C. The minimum bttiiding—setback between a structure and a street -,-x road oriaihoad tight of way fineshallbe 50 feet. unless a -greater setback is required for conThatice wfth D. The minimum setback between a structure and a property line adjoining a residential lot or use shall be 50 feet. F. The maximum building height for any structure shall be 25--3Qfeet on any lot adjacent to or across a street from a residential use or lot and 45 feet on any other lot. �. 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. (Ord. 2002-126, § 1, 2002; Ord. 95-075 § 1, 1995; Ord. 94-008 § 26, 1994; Ord. 91-020 § 1, 1991) .. .. ...MIMI.... .•LMMM Mr. . . . :I :.. LIMIR KVJIM. I . I I r. I I I 0.1 ... .. . • Nor. I 1 IMINLYAr. It.A 91 Lft MIM WW--. •. . B. No conditional use= permitted by DCC 18.100.03.50 that is located within 600 feet feet of aadjacent to or across the street fiont a --residential use, of lot in a platted subdivision ora residential zone shall exceed 70 percent lot coverage by all buildings, storage areas or facilities and required off-street parking and loading area. C. The minimum bttiiding—setback between a structure and a street -,-x road oriaihoad tight of way fineshallbe 50 feet. unless a -greater setback is required for conThatice wfth D. The minimum setback between a structure and a property line adjoining a residential lot or use shall be 50 feet. F. The maximum building height for any structure shall be 25--3Qfeet on any lot adjacent to or across a street from a residential use or lot and 45 feet on any other lot. �. 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. (Ord. 2002-126, § 1, 2002; Ord. 95-075 § 1, 1995; Ord. 94-008 § 26, 1994; Ord. 91-020 § 1, 1991) Page 4 of 5 -EXHIBIT "A" to ORDINANCE No. 2002-127 (12/11/02) .. . . . . .. ... . .. ... .••� Page 4 of 5 -EXHIBIT "A" to ORDINANCE No. 2002-127 (12/11/02) EXHIBIT "A" . I =I I ISO tn. . .. . .. to= . I LSOOILVVJ. . ... . .. MIM...P""ilowl" fixtmes shall be set back fionz the oidfirdry high water m'" k along all stzearris or lakes wigtes to the ordinary high watei rnark. (Ord. 2002-126, § 1, 2002; Ord. 91-020 § 1, 1991) 18.100.919Qfiffffl. Off-street parking and loading. Off-street parking and loading shall be provided subject to the provisions of DCC 18.100.070 and DCC 18.116. (Ord. 91-020 § 1, 1991) 18.100.989Qi M. Site design. (Ord. 2002-126, § 1, 2002; Ord. 91-020 § 1, 1991) -II . . . In n 12 tVIJ...11 EW-. 14 LIJ I. . ... . .. MIM...P""ilowl" .. . . . ... ... .. (Ord. 2002-126, § 1, 2002; Ord. 91-020 § 1, 1991) -II . . . In n 12 tVIJ...11 EW-. 14 LIJ I. . ... .� . . . I I tn a. . ..� e. That any adverse social, econurnical, physical (Ord. 2002-126, § 1, 2002; Ord. 91-020 § 1, 1991) 18.100A00flft4. Additional requirements. As a condition of approval of any use proposed within an R -I Zone, the Planning Director or Hearings Body may require: A. An increase in required setbacks. B. Additional off-street parking and loading facilities. C. Limitations on signs or lighting, hours of operation, and points of ingress and egress. D. Additional landscaping, screening and other improvements. (Ord. 91-020 § 1, 1991) 18.100302 . Solar setback. The setback from the north lot line shall meet the solar setback requirements in DCC 18.116.180. (Ord. 91-020 § 1, 1991; Ord. 83-037 § 20, 1983) I, I i x WA i visimmoss ve n I a , - r; Bee 1 i . 66. (Zoning Map amended by Ord. 95-016 § 1, 1995; Ord. 94- 011§1,1994) Page 5 of 5 -EXHIBIT "A" to ORDINANCE No. 2002-127 (12/11/02)