2003-1351-Ordinance No. 2003-034 Recorded 10/31/2003REVIEWED
LEGAL COUNSEL
REVIEWED
(Q
CODE REVIE MITTEE
COUNTY OFFICIAL
NANCYUTES BLANKENSHIP, COUNTY CLERKS CJ 2003.1351
COMMISSIONERS' JOURNAL ,
11111111111111111111111111111111
2003-1352
10/31/2003 08,42,56 Mn
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. 2003-034
Zoning Ordinance, To Amend the Landscape
Management (LM) Combining Zone and Site Plan
Review Chapters, and Declaring an Emergency.
WHEREAS, the submittal requirements for Landscape Management ("LM") applications needs to
verify the existing vegetative cover between a proposed structure and the designated LM road, river or stream,
as recommended by the County Planning Commission; and
WHEREAS, in Deschutes County Community Development Department ("CDD") case number LM -
03 -56, the Hearings Officer found that Deschutes County Code ("DCC") Chapters 18.84, Landscape
Management (LM) Combining Zone and 18.124, Site Plan Review, require the application of site plan criteria to
an application for LM approval; and
WHEREAS, as a result of that case, the Deschutes County Board of Commissioners ("Board") directed
CDD staff to draft language amending DCC 18.124 to eliminate the need for the site plan review for LM
applications, finding the site plan criteria to be unnecessary; and
WHEREAS, the Deschutes County Planning Commission held a duly noticed public hearing on
September 25, 2003 and recommended to the Board the proposed changes to DCC 18.84 and 18.124 as
described in Exhibits "A" and `B," and
WHEREAS, the Board held a duly notice public hearing on October 29, 2003; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC Chapter 18.84, Landscape Management Combining 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 stere gh.
Section 2. AMENDMENT. DCC Chapter 18.124, Site Plan Review, is hereby amended to read as
described in Exhibit "B," attached hereto and by this reference incorporated herein, with language to be deleted
in stAkethfough.
PAGE 1 OF 2 - ORDINANCE NO. 2003-034 (10/29/03)
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�� day of , 2003.
BOARD OF COUNTY COMMISSIONERS
OF DESC TES COUNTY, OREGON
ENNIS R. LUKE, Chair
ezks-e�_
TOM DEWOLF, Commissioner
Date of 1St Reading:n C6
day of QX12003.
Date of 2°a Reading: (9--/ day of 0d16-PI2003.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Dennis R. Luke c/
Tom DeWolf
Michael M. Daly a/
Effective date. 9 / day of 6C6ki,-2003.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2003-034 (10/29/03)
Chapter 18.84. LANDSCAPE
MANAGEMENT
COMBINING ZONE -
LM
18.84.010.
Purpose.
18.84.020.
Application of provisions.
18.84.030.
Uses permitted outright.
18.84.040.
Uses permitted conditionally.
18.84.050.
Use limitations.
18.84.060.
Dimensional standards.
18.84.070.
Application.
18.84.080.
Design review standards.
18.84.085.
Imposition of conditions.
18.84.090.
Setbacks.
18.84.095.
Scenic waterways.
18.84.100.
Repealed.
18.84.010. Purpose.
The purposes of the Land Management
Combining Zone are to maintain scenic and
natural resources of the designated areas and to
maintain and enhance scenic vistas and natural
landscapes as seen from designated roads, rivers
or streams.
(Ord. 92-034 § 2, 1992)
18.84.020. Application of provisions.
The provisions of DCC 18.84 shall apply to all
areas within one-fourth mile of roads identified as
landscape management corridors in the
Comprehensive Plan and the County Zoning
Map. The provisions of DCC 18.84 shall also
apply to all areas within the boundaries of a State
scenic waterway or Federal wild and scenic river
corridor and all areas within 660 feet of rivers
and streams otherwise identified as landscape
management corridors in the comprehensive plan
and the County Zoning Map. The distance
specified above shall be measured horizontally
from the centerline of designated landscape
management roadways or from the nearest
ordinary high water mark of a designated
landscape management river or stream. The
limitations in DCC 18.84.020 shall not unduly
restrict accepted agricultural practices.
(Ord. 92-034 § 2, 1992)
18.84.030. Uses permitted outright.
Uses permitted in the underlying zone with which
the LM Zone is combined shall be permitted in
the LM Zone, subject to the provisions in DCC
18.84.
(Ord. 92-034 § 2, 1992)
18.84.040. Uses permitted conditionally.
Uses permitted conditionally in the underlying
zone with which the LM Zone is combined shall
be permitted as conditional uses in the LM Zone,
subject to the provisions in DCC 18.84.
(Ord. 92-034 § 2, 1992)
18.84.050. Use limitations.
A. Any new structure or substantial alteration of
a structure requiring a building permit, or an
agricultural structure, within an LM Zone
shall obtain site plan approval in accordance
with DCC 18.84 and DGC18.124, Site PI—an
Review, prior to construction. As used in
DCC 18.84 substantial alteration consists of
an alteration which exceeds 25 percent in the
size or 25 percent of the assessed value of the
structure.
B. Structures which are not visible from the
designated roadway, river or stream and
which are assured of remaining not visible
because of vegetation, topography or existing
development are exempt from the provisions
of DCC 18.84.080 (Design Review
Standards) and DCC 18.84.090 (Setbacks).
An applicant for site plan review in the LM
Zone shall conform with the provisions of
DCC 18.84, or may submit evidence that the
proposed structure will not be visible from
the designated road, river or stream.
Structures not visible from the designated
road, river or stream must meet setback
standards of the underlying zone.
(Ord. 2003-034 § 1, 2003; Ord. 92-034 § 2, 1992;
Ord. 91-020 § 1, 1991)
18.84.060. Dimensional standards.
In an LM Zone, the minimum lot size shall be as
established in the underlying zone with which the
LM Zone is combined.
(Ord. 92-034 § 2,1992; Ord. 91-020 § 1, 1991)
PAGE 1 of 4 — EXHIBIT "A" TO ORDINANCE 2003-034 (10/29/03)
EXHIBIT "A"
18.84.070. Application.
An application for site plan approval for
development in the LM Zone shall be submitted
to the Planning Division. The site plan
application shall include the following:
A. A plot plan, drawn to scale, showing:
1. Location and dimensions of existing and
proposed structures.
2. Setbacks from lot lines (and river and
rimrock, if present).
3. Existing and proposed access.
4. Existing and proposed exterior lighting.
M
A drawing of the proposed structure
elevations showing:
1. Exterior appearance.
2. Height, dimensions.
3. Siding and roofing material and color.
4. Location and size of windows, including
skylights.
A landscape plan drawn to scale, showing:
1. Location, size and species of existing
trees six inches in diameter or greater, or
existing shrub vegetation higher than
four feet, between the proposed
development and the designated
landscape management road, river or
stream. Where a significant amount of
vegetation exists, a landscape plan may
be accepted which generalizes and
explains how the existing trees and
shrubs provide screening.
2. Proposed location and species of
introduced vegetation which will screen
the proposed development from the
designated landscape management road,
river or stream.
D. A minimum of two colored photographs
taken from documented locations, orientated
between the protected resource (river, stream
or road) and the proposed development
showing the extent of existing vegetation or
other screening.
(Ord. 2003-034 § 1, 2003; Ord. 93-043 § 12,
1993; Ord. 92-034 § 2, 1992)
18.84.080. Design review standards.
The following standards will be used to evaluate
the proposed site plan:
A. Except as necessary for construction of
access roads, building pads, septic
drainfields, public utility easements, parking
areas, etc., the existing tree and shrub cover
screening the development from the
designated road, river, or stream shall be
retained. This provision does not prohibit
maintenance of existing lawns, removal of
dead, diseased or hazardous vegetation; the
commercial harvest of forest products in
accordance with the Oregon Forest Practices
Act, or agricultural use of the land.
B. It is recommended that new structures and
additions to existing structures be finished in
muted earth tones that blend with and reduce
contrast with the surrounding vegetation and
landscape of the building site.
C. No large areas, including roofs, shall be
finished with white, bright or reflective
materials. Roofing, including metal roofing,
shall be nonreflective and of a color which
blends with the surrounding vegetation and
landscape. This subsection shall not apply to
attached additions to structures lawfully in
existence on April 8, 1992, unless substantial
improvement to the roof of the existing
structure occurs.
D. Subject to applicable rimrock setback
requirements or rimrock setback exception
standards in DCC 18.84.090(E), all structures
shall be sited to take advantage of existing
vegetation, trees and topographic features in
order to reduce visual impact as seen from
the designated road, river or stream. When
more than one nonagricultural structure is to
exist and no vegetation, trees or topographic
features exist which can reduce visual impact
of the subject structure, such structure shall
be clustered in a manner which reduces their
visual impact as seen from the designated
road, river, or stream.
E. Structures shall not exceed 30 feet in height
measured from the natural grade on the
side(s) facing the road, river or stream.
PAGE 2 of 4 — EXHIBIT "A" TO ORDINANCE 2003-034 (10/29/03)
EXHIBIT "A"
Within the LM Zone along a state scenic
waterway or federal wild and scenic river, the
height of a structure shall include chimneys,
antennas, flagpoles or other projections from
the roof of the structure. DCC 18.84.080
shall not apply to agricultural structures
located at least 50 feet from a rimrock.
F. New residential or commercial driveway
access to designated landscape management
roads shall be consolidated wherever
possible.
G. New exterior lighting, including security
lighting, shall be sited and shielded so that it
is directed downward and is not directly
visible from the designated road, river or
stream.
H. The Planning Director or Hearings Body may
require the establishment of introduced
landscape material to screen the
development, assure compatibility with
existing vegetation, reduce glare, direct
automobile and pedestrian circulation or
enhance the overall appearance of the
development while not interfering with the
views of oncoming traffic at access points or
views of mountains, forests and other open
and scenic areas as seen from the designated
landscape management road, river or stream.
Use of native species shall be encouraged.
I. No signs or other forms of outdoor
advertising that are visible from a designated
landscape management river or stream shall
be permitted. Property protection signs (No
Trespassing, No Hunting, etc.,) are permitted.
J. A conservation easement as defined in DCC
18.04.030 "Conservation Easement" and
specified in DCC 18.116.220 shall be
required as a condition of approval for all
landscape management site plans involving
property adjacent to the Deschutes River,
Crooked River, Fall River, Little Deschutes
River, Spring River, Squaw Creek and
Tumalo Creek. Conservation easements
required as a condition of landscape
management site plans shall not require
public access.
(Ord. 97-068 § 1, 1997; Ord. 93-043 §§ 12A and
12B 1993; Ord. 92-034 § 2, 1992; Ord. 91-020 §
1, 1991)
18.84.085. Imposition of conditions.
The standards of DCC 18.84 may be met by the
imposition of conditions drawn to ensure that the
standards will be met.
(Ord. 92-034 § 2, 1992)
18.84.090. Setbacks.
A. Except as provided in DCC 18.84.090,
minimum setbacks shall be those established
in the underlying zone with which the LM
Zone is combined.
B. Road Setbacks. All new structures or
additions to existing structures on lots
fronting a designated landscape management
road shall be set back at least 100 feet from
the edge of the designated road unless the
Planning Director or Hearings Body finds
that:
1. A location closer to the designated road
would more effectively screen the
building from the road; or protect a
distant vista; or
2. The depth of the lot makes a 100 -foot
setback not feasible; or
3. Buildings on both lots abutting the
subject lot have front yard setbacks of
less than 100 feet and the adjacent
buildings are within 100 feet of the lot
line of the subject property, and the depth
of the front yard is not less than the
average depth of the front yards of the
abutting lots.
If the above findings are made, the Planning
Director or Hearings Body may approve a
less restrictive front yard setback which will
be appropriate to carry out the purpose of the
zone.
C. River and Stream Setbacks. All new
structures or additions to existing structures
shall be set back 100 feet from the ordinary
high water mark of designated streams and
rivers or obtain a setback exception in
accordance with DCC 18.120.030. For the
purpose of DCC 18.84.090, decks are
PAGE 3 of 4 — EXHIBIT "A" TO ORDINANCE 2003-034 (10/29/03)
IM I i
considered part of a structure and must
conform with the setback requirement.
The placement of on-site sewage disposal
systems shall be subject to joint review by the
Planning Director or Hearings Body and the
Deschutes County Environmental Health
Division. The placement of such systems
shall minimize the impact on the vegetation
along the river and shall allow a dwelling to
be constructed on the site as far from the
stream or lake as possible. Sand filter
systems may be required as replacement
systems when this will allow a dwelling to be
located further from the stream or to meet the
100 -foot setback requirement.
D. Rimrock Setback. New structures (including
decks or additions to existing structures) shall
be set back 50 feet from the rimrock in an
LM Zone. An exception to this setback may
be granted to as close as 20 feet of the
rimrock pursuant to the provisions of DCC
18.84.090(E).
E. Rimrock Setback Exceptions. An exception
to the 50 -foot rimrock setback may be
granted by the Planning Director or Hearings
Body, subject to the following standards and
criteria:
1. An exception shall be granted when the
Planning Director or Hearings Body
finds that:
a. A lesser setback will make the
structure less visible or completely
screened from the river or stream; or
b. The subject lot or parcel was a lot of
record prior to the adoption of this
ordinance; or
c. Dwellings (including decks) on both
lots or parcels abutting the subject lot
within 50 feet of the rimrock and the
adjacent buildings are within 100
feet of the lot line of the subject
property; or
d. Adherence to the 50 -foot setback
would prevent the structure from
being sited on the lot.
2. A dwelling qualifying for a rimrock
setback exception under the criteria set
forth above shall be located as follows:
a.
The structure shall be designed and
sited to minimize the visual impact
when viewed from the ordinary high
water mark on the far side of the
river. This shall be determined by
viewing the property from the
ordinary high water mark
immediately across from the center
of the river frontage on which the
structure is proposed with like
evaluations being made 300 feet
upstream and downstream on either
side of that point over the entire
length of river frontage on which the
structure is proposed.
b.
Existing trees and shrubs which
reduce the visibility of the proposed
structure shall be retained.
c.
The height of the structure shall not
exceed the setback from the edge of
the rimrock.
d.
No structure (including decks) shall
be located closer than 20 feet from
the edge of the rimrock unless the
Planning Director or Hearings Body
finds that the lesser setback will
make the structure less visible or the
structure is completely screened from
the river or stream.
e.
Where multiple nonagricultural
structures are proposed on a lot or
parcel, the structures shall be
grouped or clustered so as to
maintain a general appearance of
open landscape for the affected area.
This shall require a maintenance of
at least 65 percent open space along
rimrocks within subject lots or
parcels.
(Ord. 2000-033 § 3, 2000; Ord. 92-034 § 2, 1992)
18.84.095. Scenic waterways.
Approval of all structures in a State Scenic
Waterway shall be conditional upon receipt of
approval of the Oregon Department of Parks and
Recreation.
(Ord. 2000-033 § 4, 2000)
18.84.100. (Repealed by Ord. 98-066, 1998)
PAGE 4 of 4 — EXHIBIT "A" TO ORDINANCE 2003-034 (10/29/03)
EXHIBIT `B"
Chapter 18.124. SITE PLAN REVIEW
18.124.010. Purpose.
18.124.020. Elements of site plan.
18.124.030. Approval required.
18.124.040. Contents and procedure.
18.124.050. Decision on site plan.
18.124.060. Approval criteria.
18.124.070. Required minimum standards.
18.124.080. Other conditions.
18.124.090. Right of way improvement
standards.
18.124.010. Purpose.
DCC 18.124.010 provides for administrative
review of the design of certain developments and
improvements in order to promote functional,
safe, innovative and attractive site development
compatible with the natural and man-made
environment.
(Ord. 91-020 § 1, 1991)
18.124.020. Elements of site plan.
The elements of a site plan are: The layout and
design of all existing and proposed
improvements, including, but not limited to,
buildings, structures, parking, circulation areas,
outdoor storage areas, bicycle parking, landscape
areas, service and delivery areas, outdoor
recreation areas, retaining walls, signs and
graphics, cut and fill actions, accessways,
pedestrian walkways, buffering and screening
measures and street furniture.
(Ord. 93-043 § 22D, 1993; Ord. 93-005 § 6,
1993)
18.124.030. Approval required.
A. No building, grading, parking, land use, sign
or other required permit shall be issued for a
use subject to DCC 18.124.030, nor shall
such a use be commenced, enlarged, altered
or changed until a final site plan is approved
according to DCC Title 22, the Uniform
Development Procedures Ordinance.
B. The provisions of DCC 18.124.030 shall
apply to the following:
1. All conditional use permits where a site
plan is a condition of approval;
2. Multiple -family dwellings with more
than three units;
3. All commercial uses that require parking
facilities;
4. All industrial uses;
5. All other uses that serve the general
public or that otherwise require parking
facilities, including, but not limited to,
landfills, schools, utility facilities,
churches, community buildings,
cemeteries, mausoleums, crematories,
airports, parks and recreation facilities
and livestock sales yards; and
6. As specified for handseape Management
Flood Plain
Zones (FP) and Surface Mining Impact
Area Combining Zones (SMIA).
C. The provisions of DCC 18.124.030 shall not
apply to uses involving the stabling and
training of equine in the EFU zone,
noncommercial stables and horse events not
requiring a conditional use permit.
D. Noncompliance with a final approved site
plan shall be a zoning ordinance violation.
E. As a condition of approval of any action not
included in DCC 18.124.030(B), the Planning
Director or Hearings Body may require site
plan approval prior to the issuance of any
permits.
(Ord. 2003-034 § 2, 2003; Ord. 94-008 § 14,
1994; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1,
1991; Ord. 86-032 § 1, 1986)
18.124.040. Contents and procedure.
A. Any site plan shall be filed on a form
provided by the Planning Department and
shall be accompanied by such drawings,
sketches and descriptions necessary to
describe the proposed development. A plan
Page 1 of 6 - EXHIBIT "B" TO ORDINANCE 2003-034 (10/29/03)
EXHIBIT `B"
shall not be deemed complete unless all
information requested is provided.
B. Prior to filing a site plan, the applicant shall
confer with the Planning Director or his
representative concerning the requirements
for formal application.
C. After the pre -application conference, the
applicant shall submit a site development
plan, an inventory of existing plant materials
including all trees six inches in diameter or
greater and other significant species, a
landscape plan and architectural drawings
including floor plans and elevations.
D. The site plan shall indicate the following:
1. Access to site from adjacent rights of
way, streets and arterial.
2. Parking and circulation areas.
3. Location, dimensions (height and bulk)
and design of buildings and signs.
4. Orientation of windows and doors.
5. Entrances and exits.
6. Private and shared outdoor recreation
spaces.
7. Pedestrian circulation.
8. Public play areas.
9. Service areas for uses such as mail
delivery, trash disposal, above ground
utilities, loading and delivery.
10. Areas to be landscaped.
11. Exterior lighting.
12. Special provisions for handicapped
persons.
13. Existing topography of the site at
intervals appropriate to the site, but in no
case having a contour interval greater
than 10 feet.
14. Signs.
15. Public improvements.
16. Drainfield locations.
17. Bicycle parking facilities, with location
of racks, signage, lighting, and showing
the design of the shelter for long term
parking facilities.
18. Any required bicycle commuter facilities.
19. Other site elements and information
which will assist in the evaluation of site
development.
E. The landscape plan shall indicate:
1. The size, species and approximate
locations of existing natural plant
materials proposed to be retained and
new plant materials proposed to be
placed on site.
2. Proposed site contouring.
3. An explanation of how drainage and soil
erosion is to be dealt with during and
after construction.
witWft-the-andseape Manageffiefit�ene
fall be required—te f6mish epAy the
i . heeations and dimensions of buildings
andpr-epe#y lines.
wgetatien--sirt inehes- in diameter- er
4. A drawing--ef the pfepesed—extenef
tete used.
(Ord. 2003-034 § 2, 2003; Ord. 93-005 § 7, 1993;
Ord. 91-020 § 1, 1991)
18.124.050. Decision on site plan.
A. The Planning Director or Hearings Body may
deny the site plan or approve it with such
modifications and conditions as may be
consistent with the Comprehensive Plan or
the criteria and standards listed in DCC Title
18.
B. The Planning Director or Hearings Body as a
condition of approval may require that the
applicant file with the County a performance
bond or other security approved by the
governing body to assure full and faithful
performance of any required improvements.
The bond shall be for the dollar amount plus
Page 2 of 6 - EXHIBIT `B" TO ORDINANCE 2003-034 (10/29/03)
EXHIBIT `B"
10 percent of the estimated cost of the
improvements.
C. Planning Director or Hearings Body review
shall be subject to DCC Title 22, the Uniform
Development Procedures Ordinance.
(Ord. 91-020 § 1, 1991; Ord. 86-032 § 1, 1986)
18.124.060. Approval criteria.
Approval of a site plan shall be based on the
following criteria:
A. The proposed development shall relate
harmoniously to the natural environment and
existing development, minimizing visual
impacts and preserving natural features
including views and topographical features.
B. The landscape and existing topography shall
be preserved to the greatest extent possible,
considering development constraints and
suitability of the landscape and topography.
Preserved trees and shrubs shall be protected.
C. The site plan shall be designed to provide a
safe environment, while offering appropriate
opportunities for privacy and transition from
public to private spaces.
D. When appropriate, the site plan shall provide
for the special needs of handicapped persons,
such as ramps for wheelchairs and Braille
signs.
E.
F
G
The location and number of points of access
to the site, interior circulation patterns,
separations between pedestrians and moving
and parked vehicles, and the arrangement of
parking areas in relation to buildings and
structures shall be harmonious with proposed
and neighboring buildings and structures.
Surface drainage systems shall be designed to
prevent adverse impacts on neighboring
properties, streets, or surface and subsurface
water quality.
Areas, structures and facilities for storage,
machinery and equipment, services (mail,
refuse, utility wires, and the like), loading
and parking and similar accessory areas and
structures shall be designed, located and
buffered or screened to minimize adverse
impacts on the site and neighboring
properties.
H. All above -ground utility installations shall be
located to minimize adverse visual impacts
on the site and neighboring properties.
I. Specific criteria are outlined for each zone
and shall be a required part of the site plan
(e.g. lot setbacks, etc.).
J. All exterior lighting shall be shielded so that
direct light does not project off-site.
(Ord. 93-043 §§ 21, 22 and 22A, 1993; Ord.
91-038 § 1, 1991; Ord. 91-020 § 1, 1991)
18.124.070 Required minimum standards.
A. Private or shared outdoor recreation areas in
residential developments.
1. Private Areas. Each ground -level living
unit in a residential development subject
to site plan approval shall have an
accessible outdoor private space of not
less than 48 square feet in area. The area
shall be enclosed, screened or otherwise
designed to provide privacy for unit
residents and their guests.
2. Shared Areas. Usable outdoor recreation
space shall be provided for the shared use
of residents and their guests in any
apartment residential development, as
follows:
a. Units with one or two bedrooms:
200 square feet per unit.
b. Units with three or more bedrooms:
300 square feet per unit.
3. Storage. In residential developments,
convenient areas shall be provided for the
storage of articles such as bicycles,
barbecues, luggage, outdoor furniture,
etc. These areas shall be entirely
enclosed.
B. Required Landscaped Areas.
Page 3 of 6 - EXHIBIT `B" TO ORDINANCE 2003-034 (10/29/03)
2
3
4
5.
EXHIBIT "B"
The following landscape requirements
6. Required landscaping shall be
are established for multi -family,
continuously maintained and kept alive
commercial and industrial developments,
and attractive.
subject to site plan approval:
7. Maximum height of tree species shall be
a. A minimum of 15 percent of the lot
considered when planting under
area shall be landscaped.
overhead utility lines.
b. All areas subject to the final site plan
C. Nonmotorized Access.
and not otherwise improved shall be
1. Bicycle Parking. The development shall
landscaped.
In addition to the requirement of DCC
provide the number and type of bicycle
18.124.070(B)(1)(a), the following
parking facilities as required in DCC
landscape requirements shall apply to
18.116.031 and 18.116.035. The location
parking and loading areas:
and design of bicycle parking facilities
a. A parking or loading area shall be
shall be indicated on the site plan.
required to be improved with defined
2. Pedestrian Access and Circulation:
landscaped areas totaling no less than
a. Internal pedestrian circulation shall
25 square feet per parking space.
be provided in new commercial,
b. In addition to the landscaping
office and multi -family residential
required by DCC
developments through the clustering
18.124.070(B)(2)(a), a parking or
of buildings, construction of hard
loading area shall be separated from
surface pedestrian walkways, and
any lot line adjacent to a roadway by
similar techniques.
a landscaped strip at least 10 feet in
b. Pedestrian walkways shall connect
width, and from any other lot line by
building entrances to one another and
a landscaped strip at least five feet in
from building entrances to public
width.
streets and existing or planned transit
c. A landscaped strip separating a
facilities. On-site walkways shall
parking or loading area from a street
connect with walkways, sidewalks,
shall contain:
bikeways, and other pedestrian or
i. Trees spaced as appropriate to
bicycle connections on adjacent
the species, not to exceed 35 feet
properties planned or used for
apart on the average.
commercial, multi -family, public or
ii. Low shrubs not to reach a height
park use.
greater than three feet zero
C. Walkways shall be at least five feet
inches, spaced no more than
in paved unobstructed width.
eight feet apart on the average.
Walkways which border parking
iii. Vegetative ground cover.
spaces shall be at least seven feet
Landscaping in a parking or loading area
wide unless concrete bumpers or
shall be located in defined landscaped
curbing and landscaping or other
areas which are uniformly distributed
similar improvements are provided
throughout the parking or loading area.
which prevent parked vehicles from
The landscaping in a parking area shall
obstructing the walkway. Walkways
have a width of not less than five feet.
shall be as direct as possible.
Provision shall be made for watering
d. Driveway crossings by walkways
planting areas where such care is
shall be minimized. Where the
required.
walkway system crosses driveways,
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EXHIBIT "B"
parking areas and loading areas, the
walkway must be clearly identifiable
through the use of elevation changes,
speed bumps, a different paving
material or other similar method.
e. To comply with the Americans with
Disabilities Act, the primary building
entrance and any walkway that
connects a transit stop to building
entrances shall have a maximum
slope of five percent. Walkways up
to eight percent slope are permitted,
but are treated as ramps with special
standards for railings and landings.
D. Commercial Development Standards:
1. New commercial buildings shall be sited
at the front yard setback line for lots with
one frontage, and at both front yard
setback lines for corner lots, and oriented
to at least one of these streets, except in
the Sunriver WC Business Park (BP)
District and the La Pine UUC Business
Park (LPBP) District. The building(s)
and any eaves, overhangs or awnings
shall not interfere with the required clear
vision area at corners or driveways.
2. To meet the standard in paragraph (1) of
this subsection, buildings developed as
part of a shopping complex, as defined
by this title, and planned for the interior,
rear or non -street side of the complex
may be located and oriented toward
private interior streets within the
development if consistent with all other
standards of paragraph (1) above and this
paragraph. Interior streets used to satisfy
this standard may have on -street parking
and shall have sidewalks along the street
in front of the building. Such sidewalks
shall connect to existing or future
sidewalks on public streets accessing the
site. The master plan for the shopping
complex shall demonstrate that at least
one half of the exterior perimeter of the
site that abuts each public street, will be
developed with buildings meeting the
standards of paragraphs (D)(1) or (D)(3)
of this subsection.
3. An increase in the front yard setback may
be allowed where the applicant can
demonstrate that one or more of the
following factors makes it desirable to
site the new building beyond the
minimum street setback:
a. Existing development on the site;
b. Lot configuration;
c. Topography of the lot;
d. Significant trees or other vegetative
features that could be retained by
allowing a greater setback;
e. Location of driveway access. Such an
increase in the front yard shall be the
minimum necessary to accommodate the
reason for the increase.
f. Architectural features, driveways,
landscaping areas equal to or greater than
the depth of the structure, and outdoor
commercial areas, when at least one half
of the structure meets the minimum street
setback.
4. Off-street motor vehicle parking for new
commercial developments in excess of
10,000 square feet shall be located at the
side or behind the building(s), except in
the Sunriver UUC Business Park (BP)
District. Off-street parking proposed
with a shopping complex, as defined by
this title, and intended to serve buildings
located in the interior or rear of the
complex may have parking in front of the
building provided the overall master plan
for the site satisfies paragraph (2) of this
subsection._
(Ord. 2002-033 § 1, 2002; Ord. 2001-044 § 5,
2001; Ord. 97-078 § 7, 1997; Ord. 93-063 § 3,
1993; Ord. 93-043 § 22B, 1993; Ord. 93-005 § 8,
1993)
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EXHIBIT "B"
18.124.080. Other conditions.
The Planning Director or Hearings Body may
require the following in addition to the minimum
standards of DCC Title 18 as a condition for site
plan approval.
A. An increase in the required yards.
B. Additional off-street parking.
C. Screening of the proposed use by a fence or
landscaping or combination thereof.
D. Limitations on the size, type, location,
orientation and number of lights.
E. Limitations on the number and location of
curb cuts.
F. Dedication of land for the creation or
enlargement of streets where the existing
street system will be impacted by or is
inadequate to handle the additional burden
caused by the proposed use.
G. Improvement, including but not limited to
paving, curbing, installation of traffic signals
and constructing sidewalks or the street
system that serves the proposed use where
the existing street system will be burdened by
the proposed use.
H. Improvement or enlargement of utilities
serving the proposed use where the existing
utilities system will be burdened by the
proposed use. Improvements may include,
but shall not be limited to, extension of utility
facilities to serve the proposed use and
installation of fire hydrants.
I. Landscaping of the site.
J. Any other limitations or conditions that are
considered necessary to achieve the purposes
of DCC Title 18.
(Ord. 95-075 § 1, 1995; Ord. 93-043 § 22C,
1993)
18.124.090. Right of way improvement
standards.
Any dedications or improvements to the road
right of way required under DCC 18.124 shall
meet the standards for road right of way
improvements set forth in DCC Title 17 and any
standards for right-of-way improvements set forth
in DCC Title 18 for the particular zone in
question.
(Ord. 97-003 § 4, 1997)
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