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2003-1064-Ordinance No. 2003-026 Recorded 7/10/2003REVIEWED LEGAL COUNSEL REVIEWED V�Qr CODE REVIEW COMMITTEE DESCHUTES COUNTY CLERK CJ 1003.1064 NANCY COMMISSIONERS' JOURNAL IIIIIIIII IIIIIIIIIIIIIIIIIIII III 07I10IZ0O3 02;56;14 PM 2003-1064 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 18 of the Deschutes County Code, the Deschutes County * ORDINANCE NO. 2003-026 Zoning Ordinance, to Remove the Multi -family use limitation within the Sunriver Commercial Zone, and Declaring an Emergency. WHEREAS, on March 17, 2003, Herb Hoffart submitted to Deschutes County an application for a Comprehensive Plan and Zoning Ordinance Amendment to remove the multi -family limitation within the Commercial area of the Sunriver Urban Unincorporated Community; and WHEREAS, on May 22, 2003, the Planning Commission held a duly noticed public hearing on the application and voted to recommend to the Board of County Commissioners ("Board") approval of the proposed amendments; and WHEREAS, on July 2, 2003, the Board held a duly noticed public hearing on the proposed amendments; and WHEREAS, the Board approved the Comprehensive Plan Amendments in Ordinance No. 2003-027, incorporated by reference herein, and the text amendments in Exhibit "A," attached and incorporated by reference herein, are necessary to implement the Comprehensive Plan, now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.108.050, Urban Unincorporated Community Zone — Sunriver, Commercial District, 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 ilk. PAGE 1 OF 2 - ORDINANCE NO. 2003-026 (07/09/03) 5r Section 2. 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 0/1-6day of '2003. BOARD OF COUNTY COMMISSIONERS OF DESCHU S COUNTY, OREGON DENNIS R. LUKE, C air - TOM DEWOLF, Commissioner Date of I" Reading: day of , 2003. Date of 2"d Reading: day of , 2003. Record of Adoption Vote Commissioner Yes No Abstained Dennis R. Luke Tom DeWolf 7 Michael M. Daly Excused Effective date: day of , 2003. ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2003-026(07/09/03) DALY, EXHIBIT "A" Chapter 18.108. URBAN B. Conditional Uses Permitted. The following UNINCORPORATED COMMUNITY ZONE conditional uses may be permitted subject to - SUNRIVER DCC 18.128 and a conditional use permit. 1. Public buildings and public utility 18.108.050. Commercial - C District. buildings and structures. A. Uses Permitted Outright. Any combination 2. Club, lodge or fraternal organization. 3. Commercial off-street parking lot. of the following uses and their accessory uses 4. Bus passenger station. are permitted outright in the C district. 5. Interval ownership and/or time-share unit 1. Recreational path. or the creation thereof. 2. Ambulance service. 6. Miniature golf. 3. Library. 7. Bed and breakfast inn. 4. Church. 8. Inn. 5. Bus stop. 9. Residential facility. 6. Community center. 10. A building or buildings each not 7. A building or buildings each not exceeding 8,000 square feet of floor exceeding 8,000 square feet of floor space housing any combination of: space housing any combination o£ a. Bowling alley. a. Retail/rental store, office and service b. Car wash. establishment. b. Art galleries c. Dancing or music school, nursery C. Dry cleaner and/or self-service school, kindergarten and day-care laundry establishment. facility. d. Theater exceeding 4,000 square feet d. Radio and television sales and in floor area. service. e. Radio and television broadcasting e. Veterinary clinic or kennel operated studios and facilities, except towers. entirely within an enclosed building. f Restaurant, bar and cocktail lounge, f. Automotive repair and maintenance including entertainment. garage, or tire store, provided the g. Automobile service station. business is wholly conducted within h. Technical and business school. an enclosed building. i. Catering establishment. C. Use Limits. j. Crafts in conjunction with retail sales 1. Multiple -family residential dwelling (occurring on premises, such as units, allowed on - w -,:.....y 3f th fee stained glass/pottery, etc.). aer-es—e€ the nine acres vacant as of k. Medical and dental clinic, office and December 31, 1997 in the C District, laboratory. shall be subject to the provisions of DCC 1. Theater not exceeding 4,000 square 18.108.040(C) and (D), and the following feet of floor area. requirements: 8. Multiple -family residential dwelling a. No dwelling unit shall have more units, subject to the provisions of DCC than three bedrooms. 18.108.050(C)(1). b. Individual dwelling units shall not 9. Residential dwelling units constructed in exceed 2,250 square feet of habitable the same building as a commercial use, floor area. subject to the provisions of DCC c. One off-street parking space shall be 18.108.050(C)(2). provided for each bedroom within 10. Post Office. each dwelling unit, with a maximum 11. Administrative and office facility of two spaces allowed per dwelling associated with a community association unit. or community use. 2. Residential dwelling units constructed in 12. Police facility. the same building as a commercial use PAGE 1 of 2 — EXHIBIT "A" TO ORDINANCE 2003-026 (07/09/03) Y' EXHIBIT "A" developed in the C district shall be 4. Front Yard. The front yards shall be a subject to the following requirements: minimum of 10 feet. a. Residential dwelling units shall be 5. Side Yard. None, except when a side lot developed above first floor line is adjoining a lot in an RS or RM commercial use. District, and then the side yard shall be a b. No dwelling unit shall have more minimum of 10 feet. The required side than two bedrooms. yards shall be increased by one-half foot c. Individual dwelling units shall not for each foot by which the building exceed 850 square feet of floor area. height exceeds 20 feet. d. One off-street parking space shall be 6. Rear Yard. None, except when a rear lot provided for each bedroom within line is adjoining a lot in an RS or RM each dwelling unit. District, and then the rear yard shall be a 3. Uses permitted either outright or minimum of 10 feet. The required rear conditionally in the C District shall not yard shall be increased by one-half foot involve the transport of chemicals which for each foot by which the building would present a significant hazard. height exceeds 20 feet. D. Special Requirements for Large Scale Uses. 7. Lot Coverage. No requirements. Any of the uses listed in DCC (Ord. 2003-026 § 1, 2003; Ord. 98-016 § 1, 18.108.050(A)(7) or DCC 18.108.050(B)(10) 1998; Ord. 97-078 § 2, 1997) may be allowed in a building or buildings each 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 needs of the people passing through the area. For the purposes of DCC 18.108.050(D), the surrounding rural area shall be that area identified as all property within five miles of the boundary of the Sunriver Urban Unincorporated Community; 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. E. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. F. Lot Requirements. The following lot requirements shall be observed: 1. Lot Area. No requirements. 2. Lot Width. No requirements. 3. Lot Depth. 100 feet. PAGE 1 of 2 — EXHIBIT "A" TO ORDINANCE 2003-026 (07/09/03)