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2004-88-Ordinance No. 2004-002 Recorded 1/28/2004
REVIEWED LEGAL COUNSEL REVIEWED CODE REVIEW COMMITTEE DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' JOURNAL , 11 jill III 21 88 011012004 04,45,11 PM 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. 2004-002 Code, to Amend the Land Use Regulations for Home Occupations. WHEREAS, the Deschutes County Board of Commissioners (Board) has long recognized home occupations as land uses in the county; and WHEREAS, the Board has continued the practice of allowing home occupations as conditional uses to ensure that such businesses can operate without impacting adjacent land uses; and WHEREAS, the Board finds that some home occupations can and should be allowed outright in unincorporated areas of the county under certain circumstances; and WHEREAS, the Board finds that other home occupations can be allowed conditionally; and WHEREAS, the Board finds that adopting new standards for home occupations that are allowed as conditional uses will ensure their compatibility with adjacent land uses; and WHEREAS, the Deschutes County Planning Commission has considered this matter after public hearings on November 14, 2002 and January 9, 2003 and forwarded changes to the zoning regulations for home occupations to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners has considered this matter after public hearings on April 23, July 22, and October 28, 2003 and has concluded that the public will benefit from changes to the land use regulations for home occupations; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 18.04.030, Definitions, 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 strip. Section 2. AMENDMENT. DCC 18.16.030, Conditional uses permitted -High value and nonhigh value farmland, is hereby 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 StFikethFOUa'' Section 3. AMENDMENT. DCC 18.32.020, Uses permitted outright, is hereby amended to read as described in Exhibit "C," attached hereto and by this reference incorporated herein, with new language underlined. PAGE l of 4 - ORDINANCE NO. 2004-002 (1/28/04) Section 4. AMENDMENT. DCC 18.32.030, Conditional uses permitted, is hereby amended to read as described in Exhibit "D," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ikedfexgh. Section 5. AMENDMENT. DCC 18.36.030, Conditional uses permitted, is hereby amended to read as described in Exhibit "E," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ikethfou . Section 6. AMENDMENT. DCC 18.40.030, Conditional uses permitted, is hereby amended to read as described in Exhibit "F," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strilEethfetth. Section 7. AMENDMENT. DCC 18.60.020, Uses permitted outright, is hereby amended to read as described in Exhibit "G," attached hereto and by this reference incorporated herein, with new language underlined. Section 8. AMENDMENT. DCC 18.60.030, Conditional uses permitted, is hereby amended to read as described in Exhibit "H," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfikethrettgh. Section 9. AMENDMENT. DCC 18.61.030, La Pine Planning Area, is hereby amended to read as described in Exhibit "I," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ikethfett . Section 10. AMENDMENT. DCC 18.61.050, Neighborhood Planning Area, is hereby amended to read as described in Exhibit "J," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-il£etiffett . Section 11. AMENDMENT. DCC 18.65.020, RSC - Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop and Wildhunt), is hereby amended to read as described in Exhibit "K," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stri-kethfough. Section 12. AMENDMENT. DCC 18.65.022, Alfalfa RSC - Residential District, is hereby amended to read as described in Exhibit "L," attached hereto and by this reference incorporated herein, with new -language underlined and language to be deleted in stfikethfou Section 13. AMENDMENT. DCC 18.66.020, Residential (TeR) district, is hereby amended to read as described in Exhibit "M," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethfeti . Section 14. AMENDMENT. DCC 18.66.030, Residential -5 acre minimum (TeR5) district, is hereby amended to read as described in Exhibit "N," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethfeugh. PAGE 2 of 4 - ORDINANCE NO. 2004-002 (1/28/04) Section 15. AMENDMENT. DCC 18.66.040, Commercial (TeC) district, is hereby amended to read as described in Exhibit "O," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfiketiffeu . Section 16. AMENDMENT. DCC 18.66.050, Commercial -rural (TeCR) district, is hereby amended to read as described in Exhibit "P," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in striketkrettgh. Section 17. AMENDMENT. DCC 18.67.020, Residential (TuR) district, is hereby amended to read as described in Exhibit "Q," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfikethfough. Section 18. AMENDMENT. DCC 18.67.030, Residential -5 acre minimum (TuR5) district, is hereby amended to read as described in Exhibit "R," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfilethr-eti . Section 19. AMENDMENT. DCC 18.67.040, Commercial (TuQ district, is hereby amended to read as described in Exhibit "S," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ilettgh. Section 20. AMENDMENT. DCC 18.74.020, Uses permitted, is hereby amended to read as described in Exhibit "T," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ilettgh. Section 21. AMENDMENT. DCC 18.108.030, Single Family Residential — RS District, is hereby amended to read as described in Exhibit "U," attached hereto and by this reference incorporated herein, with new language underlined. Section 22. AMENDMENT. DCC 18.108.040, Multiple Family Residential — RM District, is hereby amended to read as described in Exhibit "V," attached hereto and by this reference incorporated herein, with new language underlined. Section 23. AMENDMENT. DCC 18.108.050, Commercial — C District, is hereby amended to read as described in Exhibit "W," attached hereto and by this reference incorporated herein, with new language underlined. Section 24. ADDING. DCC 18.116.280, Home Occupations, is hereby added to read as described in Exhibit "X," attached hereto and by this reference incorporated herein. PAGE 3 of 4 - ORDINANCE NO. 2004-002 (1/28/04) Section 25. REPEALED. DCC 18.128.110, Home occupations, is hereby repealed in its entirety. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON Date of l" Reading:1 � day of �, y�Y, � . , 2004. Date of 2 Reading:� day of !'1�y , 2004. Record of Adoption Vote Commissioner Yes No Abstained Excused Michael M. Daly Tom DeWolf Dennis R. Luke Effective date: 0J day of �.�,%�, , 2004. ATTEST: Recording Secretary PAGE 4 of 4 - ORDINANCE NO. 2004-002 (1/28/04) EXHIBIT "A" 18.04.030. Definitions. As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030. "Home occupation" means an occupation or profession carried on within a dwelling and/or a residential accessory structure by a resident of the dwellingor employees, depending on type pursuant to DCC 18.116.280 and is-44ie secondary to the residential use of the dwelling and/or the residential accessory structure. (Ord. 2004-002 § 1, 2004; Ord 2001-048 § 1, 2001; Ord. 2001-044 § 2, 2001; Ord. 2001-037 § 1, 2001; Ord. 2001-033 § 2, 2001; Ord. 97-078 § 5, 1997; Ord. 97-017 § 1, 1997; Ord. 97-003 § 1, 1997; Ord. 96-082 § 1, 1996; Ord. 96-003 § 2, 1996; Ord. 95-077 § 2, 1995; Ord. 95-075 § 1, 1975; Ord. 95-007 § 1, 1995; Ord. 95-001 § 1, 1995; Ord. 94-053 § 1, 1994; Ord. 94-041 §§ 2 and 3, 1994; Ord. 94-038 § 3, 1994; Ord. 94-008 §§ 1, 2, 3, 4, 5, 6, 7 and 8, 1994; Ord. 94-001 §§ 1, 2, and 3, 1994; Ord. 93-043 §§ 1, IA and 113, 1993; Ord. 93-038 § 1, 1993; Ord. 93-005 §§ 1 and 2, 1993; Ord. 93-002 §§ 1, 2 and 3, 1993; Ord. 92-066 § 1, 1992; Ord. 92-065 §§ 1 and 2, 1992; Ord. 92-034 § 1, 1992; Ord. 92-025 § 1, 1992; Ord. 92-004 §§ 1 and 2, 1992; Ord. 91-038 §§ 3 and 4, 1991; Ord. 91-020 § 1, 1991; Ord. 91- 005 § 1, 1991; Ord. 91-002 § 11, 1991; Ord. 90- 014 § 2, 1990; Ord. 89-009 § 2, 1989; Ord. 89- 004 § 1, 1989; Ord. 88-050 § 3, 1988; Ord. 88- 030 § 3, 1988; Ord. 88-009 § 1, 1988; Ord. 87- 015 § 1, 1987; Ord. 86-056 § 2, 1986; Ord. 86- 054 § 1, 1986; Ord. 86-032 § 1, 1986; Ord. 86- 018 § 1, 1986; Ord. 85-002 § 2, 1985; Ord. 84- 023 § 1, 1984; Ord. 83-037 § 2, 1983; Ord. 83- 033 § 1, 1983; Ord. 82-013 § 1, 1982) PAGE 1 of 1 - EXHIBIT "A" TO ORDINANCE NO. 2004-002 (1/28/04) EXHIBIT 'B" 18.16.030. Conditional uses permitted -High value and nonhigh value farmland. The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or nonhigh value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and 18.16.050, and other applicable sections of DCC Title 18. A. Dwellings customarily provided in conjunction with farm use (farm -related dwellings). B. A relative farm -help dwelling. C. Nonfarm dwelling and accessory uses thereto. D. Lot of record dwelling. E. Residential home, as defined in DCC 18.04.030, in existing dwellings. F. A hardship dwelling. G. A dwelling in conjunction with a wildlife habitat conservation and management plan. H. Commercial activity that is in conjunction with farm use. I. Operations conducted for 1. Exploration, mining and processing of geothermal resources as defined by ORS 522.005; 2. Exploration and extraction of natural gas or oil. J. Homestead retention when the entire parcel has been under single ownership for at least the preceding 10 consecutive years and the parcel occupies not less than 320 acres. This use will permit the owner to convey the parcel but retain a leasehold interest in the residence and the land underlying the residence up to a maximum of five acres. In no case shall another residence be constructed elsewhere on the parcel except in conformance with the terms of DCC 18.16. The leasehold interest shall extend throughout the lifetimes of the seller and his or her spouse. K. Expansion of an existing private park, playground, hunting and fishing preserve and campground. L. Expansion of an existing park, playground or community center owned and operated by a governmental agency or a nonprofit community organization. M. Utility facility necessary for public service except commercial utility facility for the purpose of generating power for public use by sale and transmission towers over 200 feet in height. N. Transmission tower over 200 feet in height. O. Commercial utility facility, including a hydroelectric facility (in accordance with DCC 18.116.130 and 18.128.260), for the purpose of generating power for public use by sale. P. Personal use landing strip for airplanes and helicopter pad, including associated hangar, maintenance and service facilities. A personal use airport as used in DCC 18.16.030 means an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent and occasional basis, by invited guests and by commercial aviation activities in connection with agricultural operations. Q. Type 2 or 3 Home Occupation, subject to DCC 18.116.280. Home occupations are not allowed in structures accessory to resource use. R. A facility for the primary processing of forest products. The primary processing of a forest product, as used in DCC 18.16.030, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to market. Forest products, as used in DCC 18.16.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. S. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or portland cement concrete when such uses are in conjunction PAGE 1 of 2 - EXHIBIT "B" TO ORDINANCE NO. 2004-002 (1/28/04) T U MA EXHIBIT "B" with the maintenance or construction of public roads or highways. Expansion of an existing church or cemetery in conjunction with a church, provided such church or cemetery is not within three miles of an urban growth boundary. Expansion of an existing church or cemetery in conjunction with a church within three miles of an urban growth boundary if an exception is first granted under state law. Expansion of an existing public or private school, including all buildings essential to the operation of such a school, provided such school is not within three miles of an urban growth boundary. W. Expansion of an existing public or private school, including all buildings essential to the operation of such a school, located within three miles of an urban growth boundary, if an exception is first granted under state law. X. Construction of additional passing and travel lanes requiring the acquisition of right of way, but not resulting in the creation of new land parcels. Y. Reconstruction or modification of public roads and highways involving the removal or displacement of buildings, but not resulting in the creation of new land parcels. Z. Improvement of public roads and highway -related facilities such as maintenance yards, weigh stations and rest areas where additional property or right of way is required, but not resulting in the creation of new land parcels. AA. The propagation, cultivation, maintenance and harvesting of aquatic species. BB. Bed and breakfast inn. CC. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland. DD. Rural fire station. EE. Roads, highways and other transportation facilities, and improvements not otherwise allowed under DCC 18.16, if an exception to Goal 3, Agricultural Lands, and to any other applicable goal is first granted under state law. FF. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irngation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. (Ord. 2004-002 § 2, 2004; Ord. 2001-039 § 1, 2001; Ord. 2001-016 § 2, 2001; Ord. 98-030 § 1, 1998; Ord. 95-025 § 1, 1995; Ord. 95-007 § 11, 1995; Ord. 94-008 § 9, 1994; Ord. 92-065 § 3, 1992; Ord. 91-038 § 2, 1991; Ord. 91-020 § 1, 1991; Ord. 91-014 § 1, 1991; Ord. 91-005 § 5, 1991; Ord. 90-018 § 1, 1990; Ord. 90-014 §§ 23 and 31, 1991; Ord. 87-013 § 1, 1987; Ord. 86-018 § 3, 1986; Ord. 83-028 § 1, 1983) PAGE 2 of 2 - EXHIBIT "B" TO ORDINANCE NO. 2004-002 (1/28/04) EXHIBIT "C" 18.32.020. Uses permitted outright. The following uses and their accessory uses are permitted outright: A. Agricultural uses as defined in DCC Title 18. B. A single family dwelling, or a manufactured home subject to DCC 18.116.070. C. Propagation or harvesting of a forest product. D. 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. E. Class III road or street project. F. Noncommercial horse stables, excluding horse events. G. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. I. Type 1 Home Occupation, subject to DCC 18.116.280. (Ord. 2004-002 § 3, 2004; Ord. 2001-039 § 2, 2001; Ord. 2001-016 § 2, 2001; Ord. 94-008 § 10, 1994; Ord. 93-043 § 4,1993; Ord. 93-001 § 1, 1993; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1, 1991; Ord. 91-005 § 18, 1991; Ord. 91-002 § 6, 1991) PAGE 1 of 1 - EXHIBIT "C" TO ORDINANCE 2004-002 (1/28/04) I:0.141111.310IQ 18.32.030. Conditional uses permitted. The following uses may be allowed subject to DCC 18.128: A. Public use. B. Semipublic use. C. Commercial activities in conjunction with farm use. The commercial activity shall be associated with a farm use occurring on the parcel where the commercial use is proposed. The commercial activity may use, process, store or market farm products produced in Deschutes County or an adjoining County. D. Dude ranch. E. Kennel and/or veterinary clinic. F. Guest house. G. Manufactured home as a secondary accessory farm dwelling, subject to the requirements set forth in DCC 18.116.070. H. Exploration for minerals. I. Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other recreational uses. J. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. K. Golf courses. L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.14eme eeeupatiens. M. A facility for primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 215.203(2). Such a facility may be approved for a one-year period which is renewable. These facilities are intended to be only portable or temporary in nature. The primary processing of a forest product, as used in DCC 18.32.030, means the use of a portable chipper or stud mill or other similar method of initial treatment of a forest product in order to enable its shipment to, market. Forest products, as used in DCC 18.32.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. N. Destination resorts. O. Planned developments. P. Cluster developments. Q. Landfills when a written tentative approval by the Department of Environmental Quality (DEQ) of the site is submitted with the conditional use application. R. Time-share unit or the creation thereof. S. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260. T. Storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or portland cement concrete, when such uses are in conjunction with the maintenance or construction of public roads or highways. U. Bed and breakfast inn. V. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland subject to DCC 18.120.050 and 18.128.270. W. Churches, subject to DCC 18.124 and 18.128.080. X. Private or public schools, including all buildings essential to the operation of such a school. Y. Utility facility necessary to serve the area subject to the provisions of DCC 18.124. Z. Cemetery, mausoleum or crematorium. AA. Commercial horse stables. BB. Horse events, including associated structures, not allowed as a permitted use in this zone. PAGE 1 of 2 - EXHIBIT "D" TO ORDINANCE NO. 2004-002 (1/28/04) EXHIBIT "D" CC. Manufactured home park on a parcel in use as a manufactured home park prior to the adoption of PL -15 in 1979 and being operated as of June 12, 1996, as a manufactured home park, including any expansion of such uses on the same parcel, as configured on June 12, 1996. DD. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). EE. Guest lodge. FF. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. (Ord. 2004-002 § 4, 2004; Ord. 2001-039 § 2, 2001; Ord. 2001-016 § 2, 2001; Ord. 97-063 § 3, 1997; Ord. 97-029 § 2, 1997; Ord. 97-017 § 2, 1997; Ord. 96-038 § 1, 1996; Ord. 94-053 § 2, 1994; Ord. 94-008 § 11, 1994; Ord. 93-043 §§ 4A and B, 1993; Ord. 92-055 § 2, 1992; Ord. 91-038 § 1, 1991; Ord. 91-020 § 1, 1991; Ord. 90-014 §§ 27 and 35, 1990; Ord. 91-005 §§ 19 and 20, 1991; Ord. 91-002 § 7, 1991; Ord. 86-018 § 7, 1986; Ord. 83-033 § 2, 1983; Ord. 80-206 § 3, 1980) PAGE 2 of 2 - EXHIBIT "D" TO ORDINANCE NO. 2004-002 (1/28/04) EXHIBIT "E" 18.36.030. Conditional uses permitted. The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.36.040 and other applicable sections of DCC Title 18. A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring its use. D. Exploration for and production of geo- thermal, gas, oil and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head. E. Log scaling and weigh stations. F. Disposal site for solid waste for which the Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation. G. Private parks and campgrounds. Campgrounds in private parks shall only be those allowed by OAR 660-006-0025. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR Chapter 660, Division 4. For the purpose of DCC 18.36.030 a campground is an area devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites. A camping site may be occupied by a tent, travel trailer or recreational vehicle. Campgrounds shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period. H. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not otherwise permitted under DCC 18.36.030(D). I. Television, microwave and radio communication facilities and transmission towers. J. Fire stations for rural fire protection. K. Utility facilities for the purpose of generating power. A power generation facility shall not preclude more than 10 acres from use as a commercial forest operation unless an exception is taken pursuant to Oregon Administrative Rules 660, Division 4. L. Aids to navigation and aviation. M. Water intake facilities, related treatment facilities, pumping stations and distribution lines. N. Reservoirs and water impoundments. O. Cemeteries. P. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210. New distribution lines (e.g. electrical, gas, oil, geothermal) with rights of way 50 feet or less in width. Q. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects. R. Type 2 or 3 Home Occupation, subject to DCC eeeupations as defined in DGG 18.04.030 -aa ..i.:eet to DGG 18.128. S. Expansion of existing airports. T. Public road and highway projects as described as ORS 215.283(2)(p) through (r) and 215.283(3). U. Private accommodations for fishing occupied on a temporary basis subject to other PAGE 1 of 2 - EXHIBIT "E" TO ORDINANCE NO. 2004-002 (1/28/04) EXHIBIT "E" applicable sections of DCC Title 18 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted; 3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission; and 4. Accommodations must be located within one-quarter mile of fish Type F waters. V. Forest management research and experimentation facilities as defined by ORS 526.215 or where accessory to forest operations. W. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland, subject to DCC 18.120.050 and 18.128.270. X. A manufactured home in conjunction with an existing dwelling as a temporary use for the tern of a hardship suffered by the existing resident or a relative as defined in ORS 215.283. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.36.040 and 18.36.060 of this chapter. The manufactured home shall use the same subsurface sewage disposal system used by the existing dwellings if that disposal system is adequate to accommodate the additional dwelling. A temporary residence approved under this subsection is not eligible for replacement under OAR 660-006-025 (3)(p)• Y. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, as pursuant to DCC 18.36.050. Z. Public parks including only those uses specified under OAR 660-034-0035. AA.Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted, and; 3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission BB. Any gathering subject to review by a county planning commission under the provisions of ORS 433.763. These gatherings are those of more than 3,000 persons which continue or can reasonably be expected to continue for more than 120 hours within any three-month period and any part of which is held in open spaces. (Ord. 2004-002 § 5, 2004; Ord. 2000-033 § 1, 2000; Ord. 94-038 1, 1994; Ord. 92-068 § 1, 1992; Ord. 92-025 § 2, 1992; Ord. 91-038 § 1, 1991; Ord. 90-014 § 28, 1990; Ord. 86-018 § 8, 1986) PAGE 2 of 2 - EXHIBIT "E" TO ORDINANCE NO. 2004-002 (1/28/04) EXHIBIT "F" 18.40.030. Conditional uses permitted. The following uses and their accessory uses may be allowed in the Forest Use Zone, subject to applicable provisions of the Comprehensive Plan, DCC 18.40.040 and other applicable sections of DCC Title 18: A. Private hunting and fishing operations without any lodging accommodations. B. Caretaker residences for public parks and fish hatcheries. C. Temporary forest labor camps limited to the duration of the forest operation requiring it use. D. Destination Resorts where mapped in a DR zone and subject only to the provisions of DCC 18.113 and other applicable provisions of DCC Title 18 and the Comprehensive Plan not contained in DCC 18.40. E. Exploration for and production of geothermal, gas, oil and other associated hydrocarbons, including the placement and operation of compressors, separators and other customary production equipment for an individual well adjacent to the well head. F. Log scaling and weigh stations. G. Disposal site for solid waste for which the Department of Environmental Quality has granted a permit under ORS 459.245, together with equipment, facilities or buildings necessary for its operation. H. Private parks and campgrounds. Campgrounds in private parks shall only be those allowed by OAR 660-006-0025. Except on a lot or parcel contiguous to a lake or reservoir, campgrounds shall not be allowed within three miles of an urban growth boundary unless an exception is approved pursuant to ORS 197.732 and OAR Chapter 660, Division 4. For the purpose of DCC 18.40.030, a campground is an area devoted to overnight temporary use for vacation, recreational or emergency purposes, but not for residential purposes. A campground shall be designed and integrated into the rural agricultural and forest environment in a manner that protects the natural amenities of the site and provides buffers of existing native trees and vegetation or other natural features between campsites.. A camping site may be occupied by a tent, travel trailer or recreational vehicle. Campgrounds shall not include intensively developed recreational uses such as swimming pools, tennis courts, retail stores or gas stations. Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period. I. Mining and processing of oil, gas or other subsurface resources, as defined in ORS 520.005, and not otherwise permitted under DCC 18.40.030(E). J. Television, microwave and radio communication facilities and transmission towers. K. Fire stations for rural fire protection. L. Utility facilities for the purpose of generating power. A power generation facility shall not preclude more than 10 acres from use as a commercial forest operation unless an exception it taken pursuant to Oregon Administrative Rules 660, Division 4. M. Aids to navigation and aviation. N. Water intake facilities, related treatment facilities, pumping stations and distribution lines. O. Reservoirs and water impoundments. P. Cemeteries. Q. New electric transmission lines with right-of-way widths of up to 100 feet as specified in ORS 772.210. New distribution lines (e.g. gas, oil, geothermal) with rights of way 50 feet or less in width. R. Temporary asphalt and concrete batch plants as accessory uses to specific highway projects. S. Type 2 or 3 Home Occupation, subject to DCC 18.116.280. defined in DGG 18.04.030 and subjeet te DGG 18.128.44. T. Expansion of existing airports. PAGE 1 of 2 - EXHIBIT "F" TO ORDINANCE NO. 2004-002 (1/28/04) EXHIBIT "F" U. Public road and highway projects as described as ORS 215.283(2)(p) through (r) and 215.283(3). V. Private accommodations for fishing occupied on a temporary basis subject to other applicable sections of DCC Title 18 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted; 3. Accommodations are occupied temporarily for the purpose of fishing during fishing seasons authorized by the Oregon Fish and Wildlife Commission; and 4. Accommodations must be located within one-quarter mile of fish -bearing Type F waters. W. Forest management research and experimentation facilities as defined by ORS 526.215 or where accessory to forest operations. X. Single-family dwellings or manufactured homes as specified in DCC 18.116.070, pursuant to DCC 18.40.050. Y. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland, subject to DCC 18.120.050 and 18.128.270. Z. A manufactured home in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative as defined in ORS 215.283. The use shall be subject to the review criteria in DCC 18.116.090, as well as DCC 18.40.040 and 18.40.60. The manufactured home shall use the same subsurface sewage disposal system used by the existing dwellings if that disposal system is adequate to accommodate the additional dwelling. A temporary residence approved under this subsection is not eligible for replacement under OAR 660-006-025 (3)(p). AA.Public parks including only those uses specified under OAR 660-034-0035. BB.Private seasonal accommodations for fee hunting operations may be allowed subject to DCC 18.36.050 and the following requirements: 1. Accommodations are limited to no more than 15 guest rooms as that term is defined in the Oregon Structural Specialty Code; 2. Only minor incidental and accessory retail sales are permitted, and; 3. Accommodations are occupied temporarily for the purpose of hunting during game bird and big game hunting seasons authorized by the Oregon Fish and Wildlife Commission CC.Any gathering subject to review by a county planning commission under the provisions of ORS 433.763. These gatherings are those of more than 3,000 persons which continue or can reasonably be expected to continue for more than 120 hours within any three-month period and any part of which is held in open spaces. (Ord. 2004-002 § 6, 2004; Ord. 2000-033 § 1, 2000; Ord. 94-038 1, 1994; Ord. 92-068 § 1, 1992; Ord. 92-025 § 2, 1992; Ord. 91-038 § 1, 1991; Ord. 90-014 § 28, 1990; Ord. 86-018 § 8, 1986) PAGE 2 of 2 - EXHIBIT "F" TO ORDINANCE NO. 2004-002 (1/28/04) EXHIBIT "G" 18.60.020. Uses permitted outright. The following uses and their accessory uses are permitted outright. A. A single-family dwelling, or a manufactured home subject to DCC 18.116.070. B. Utility facilities necessary to serve the area including energy facilities, water supply and treatment and sewage disposal and treatment. C. Community center, if shown and approved on the original plan or plat of the development. D. Agricultural use as defined in DCC Title 18. E. 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. F. Class III road or street project. G. Noncommercial horse stables as defined in DCC Title 18, excluding horse events. H. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. I. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. J. Type 1 Home Occupation, subject to DCC 18.116.280. (Ord. 2004-002 § 7, 2004; Ord. 2001-039 § 5, 2001; Ord. 2001-016 § 2, 2001; Ord. 94-008 § 12, 1994; Ord. 93-043 § 8, 1993; Ord. 91-020 § 1, 1991; Ord. 91-005 §§ 30 & 31, 1991) PAGE 1 of 1 - EXHIBIT "G" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "H" 18.60.030. Conditional uses permitted. or in a wetland subject to DCC 18.120.050 The following uses may be allowed subject to and 18.128.270. DCC 18.128: O. Church. A. Public park, playground, recreation facility or community center owned and operated by a government agency or nonprofit community organization. B. Dude ranch. C. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.14eme eeetipation. D. Personal use landing strip for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. A personal use landing strip as used in DCC 18.60.030 means an airstrip restricted, except for aircraft emergencies, to use by the owner and, on an infrequent and occasional basis, by invited guests. No aircraft may be based on a personal -use landing strip other than those owned or controlled by the owner of the airstrip. Exceptions to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances. A personal -use landing strip lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable regulations of the Aeronautics Division. E. Planned development. F. Cluster development. G. Recreation -oriented facility requiring large acreage such as off-road vehicle track or race track, but not including a rodeo grounds. H. Landfill when a written tentative approval by Department of Environmental Quality (DEQ) of the site is submitted with the application. I. Cemetery. J. Time-share unit or the creation thereof. K. Hydroelectric facility, subject to DCC 18.116.130 and 18.128.260. L. Bed and breakfast inn. M. Golf course. N. Excavation, grading and fill and removal within the bed and banks of a stream or river P. Public Uses. Q. Semipublic Uses. R. Commercial horse stables. S. Private or public school, including all buildings essential to the operation of such a school. T. Manufactured home park on a parcel in use as a manufactured home park prior to the adoption of PL -15 in 1979 and being operated as of June 12, 1996 as a manufactured home park, including expansion of such uses on the same parcel, as configured on June 12, 1996. U. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). V. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. (Ord. 2004-002 § 8, 2004; Ord. 2001-039 § 5, 2001; Ord. 2001-016 § 2, 2001; Ord. 97-063 § 3, 1997; Ord. 97-017 § 3, 1997; Ord. 96-038 § 2, 1996; Ord. 96-021 § 1, 1996; Ord. 94-008 § 13, 1994; Ord. 93-043 §§ 8A and 8B, 1993; Ord. 92- 004 § 10, 1992; Ord. 91-038 § 1, 1991; Ord. 91- 020 § 1, 1991; Ord. 91-005 § 32, 1991; Ord. 90- 014 § 22, 1990; Ord. 86-018 § 13, 1986; Ord. 83-033 § 5, 1983) PAGE 1 of 1 - EXHIBIT "H" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "I" 18.61.030. La Pine Planning Area. applicable provisions of DCC 18.61 and The La Pine Planning Area is composed of eight DCC 18.116, Supplementary Provisions, zoning districts, each with its own set of allowed DCC 18.124, Site Plan Review, and DCC uses and regulations, as further set forth in DCC 18.128, Conditional Use: 18.61.030. a. Multi -family dwelling with three or A. La Pine Residential District. more units. 1. Uses Permitted Outright. The following b. Park, playground and community uses and their accessory uses are c. building. Utility facility, except landfill. permitted outright: d. Excavation, grading and fill and a. Single-family dwelling. removal within the bed and banks of b. Manufactured home subject to DCC a stream or river or in a wetland. 18.116.070. c. Two-family dwelling or duplex. e. Type 2 or Type 3 Home d. Agricultural use as defined in DCC Occcupation, subject to DCC Title 18, subject to the following 18.116.280,14eme eeeupierr limitations: f. Church. 1. Cows, horses, goats or sheep 9. h. School. Manufactured home park. shall not be kept on lots having i. Multi -family dwelling complex. an area less than 20,000 square j • Cluster development. feet. The total number of all k. Nursery school, kindergarten and day such animals over the age of six care facility. months shall be limited to the 1. Nursing home. square footage of the lot divided m. Public use. by 20,000. 2. The number of chickens, fowl or n. Residential care facility for more rabbits over the age of six than 15 people. months shall not exceed one for o. Wireless telecommunications each 500 square feet of land. facilities, except those facilities e. Class I and II road or street project meeting the requirements of DCC subject to approval as part of a land 18.116.250(A) or (B). partition, subdivision or subject to 3. Lot Sizes. Partitions: the standards and criteria established a. by DCC 18.116.230. 1. Parcels served by an approved £ Class III road and street project. community, municipal or public g. Excavation, grading or fill and water system and an approved removal activities involved in community or public sewage creation of a wetland in areas not system shall have a minimum requiring a conditional use permit for width of 50 feet and a minimum fill or removal. area of 5,000 square feet. h. Forest operation and forest practice 2. Parcels served by an approved including, but not limited to, community, noncommunity, reforestation of forest land, road municipal or public water construction and maintenance, system, but not by sewer, shall harvesting of a forest tree species, have a minimum width of 100 application of chemicals and disposal feet and a minimum area of of slash. 22,000 square feet. i. Type 1 home occupation, subject to 3. Parcels not served by either an DCC 18.116.280. approved community, municipal 2. Conditional Uses Permitted. The or public water system or an following uses may be allowed subject to approved community or public sewage system shall have a PAGE 1 of 11 - EXHIBIT "I" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "I" minimum width of 150 feet with have a minimum rear yard of 100 a minimum area of one acre. In feet. addition, all lots must meet B. La Pine Commercial District. Oregon Department of 1. Uses Permitted Outright. The following Environmental Quality (DEQ) uses and their accessory uses are on-site sewage disposal rules. permitted outright: b. Subdivisions: For subdivisions, a. Single-family dwelling on a lot cluster developments or existing on March 27, 1996. manufactured home parks, the b. Manufactured home, on a lot existing following standards shall apply: on March 27, 1996, subject to DCC 1. All new lots shall be connected 18.116.070. to a DEQ permitted community c. Class I and II road or street project or municipal sewer system. subject to approval as part of a land 2. Minimum lot size for a partition, subdivision or subject to residential subdivision shall be the standards and criteria established 5,000 square feet. Maximum by DCC 18.116.230. residential lot size for a d. Class III road and street project. subdivision shall be 15,000 e. Excavation, grading or fill and square feet. removal activities involved in 4. Dimensional Standards. The following creation of a wetland in areas not dimensional standards shall apply: requiring a conditional use permit for a. Lot Coverage. The main building fill or removal. and accessory buildings located on 2. Uses Permitted Subject to Site Plan any building site or lot shall not Review. The following uses and their cover more than 35 percent of the accessory uses are permitted subject to total lot area. the applicable provisions of DCC 18.61, b. Building Height. No building or DCC 18.116, Supplementary Provisions structure shall be erected or enlarged and DCC 18.124, Site Plan Review: to exceed 30 feet in height, except as a. Park, playground and community approved under DCC 18.120.040. building. 5. Yard and Setback Requirements. b. Public use. a. Front Yard. The minimum front c. A building or buildings not yard shall be 20 feet, or 10 feet if a exceeding 8,000 square feet of floor garage or carport is located a space housing any combination o£ minimum of 20 feet from the front 1. Retail store, office and service property line, and the lot fronts on a establishment. public or private street. 2Residential use in the same b. Side Yard. Aside yard shall be a . building as a permitted use. minimum of five feet and the sum of 3. Art studio in conjunction with the two side yards shall be a retail sales. minimum of 15 feet. A street side 4. Medical clinic. yard shall be a minimum of 10 feet. 5. Automobile service station. A parcel or lot with a side yard 6. Car wash. adjacent to zoned forest land shall 7. Day care facility. have a minimum side yard of 100 8. Restaurant and cocktail lounge. feet. 9. Club and fraternal lodge. c. Rear Yard. The minimum rear yard 10. Automobile and trailer sales. shall be 10 feet, or 5 feet if there is 11. Uses accessory to the uses vehicular access to the rear property identified in DCC 18.61.030. line. A parcel or lot with a rear yard adjacent to zoned forest land shall PAGE 2 of 11 - EXHIBIT "I" TO ORDINANCE 2004-002 (1/28/04) 0 EXHIBIT "I" d. Any of the uses allowed under DCC 18.61.030(B)(2)(c) housed in a building or buildings exceeding 8,000 square feet, subject to the provisions of DCC 18.61.030(B)(4). Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of DCC 18.61 and DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review and DCC 18.128, Conditional Use: a. Multi -family dwelling on a lot existing on March 27, 1996. b. Tourist and travelers' accommodation of up to 100 units, provided the use is served by a community water system as that term is defined in OAR 660-22-010(2). c. Manufactured home park and travel trailer park. d. Church. e. School. f. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland, subject to DCC 18.120.050 and 18.128.270. g. Water supply and treatment facility. h. Utility facility, except landfill. i. Television and radio station with or without a transmitter tower. j. Nursing home. k. Residential care facility for more than 15 people. 1. A building or buildings not exceeding 8,000 square feet of floor space housing any combination of: 1. Veterinary clinic including enclosed kennel. 2 Automobile repair garage. 3 Commercial amusement and recreation establishment. 4. Shopping complex subject to a master plan. 5. Mini -storage facility. 6. Uses accessory to the uses identified in DCC 18.61.030. m. Any of the uses allowed under DCC 18.61.030(B)(3)(1) housed in a building or buildings exceeding 8,000 square feet subject to the provisions of DCC 18.61.030(B)(4). n. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 4. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.61.030(B)(2)(d) and 18.61.030(B)(3)(m) may be allowed in a building or buildings exceeding 8,000 square feet of floor space if the Planning Director or Hearings Body finds: a. That the intended customers for the proposed use will come from the community and surrounding rural area, or the use will meet the travel needs of the people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. That it is not practical to locate the use in a building or buildings under 8,000 square feet of floor space. For the purposes of DCC 18.61.030, the surrounding rural area shall be that area identified in the map depicted as Figure 5 in the La Pine Urban Unincorporated Community section of the Comprehensive Plan. 5. Lot Size and Dimensional Standards. a. Lot Size. New commercial lots shall be served by an approved community or public sewage system and shall have a minimum width of 50 feet and a minimum area of 5,000 square feet. b. Lot Coverage. No requirements. c. Building Height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as approved under DCC 18.120.040. 6. Yard and Setback Requirements. a. Front Yard. The front yard shall be no more than 15 feet, except as otherwise allowed by DCC 18.124.070(D)(2) and except when abutting a lot in a Residential District, in which case the front yard shall be the front yard required in the abutting Residential District. All PAGE 3 of 11 - EXHIBIT "I" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "I" buildings shall be set at the front yard c. Uses that require proximity to rural setback line. resources, as defined in OAR 660- b. Side Yard. None required, except 04-022(3)(a). when a parcel or lot with a side yard d. Scientific research or experimental adjacent to zoned forest land shall development of materials, methods have a minimum side yard of 100 or products, including engineering feet. and laboratory research. c. Rear Yard. None required, except e. Light manufacturing, assembly, when abutting a yard in a Residential fabricating or packaging and District, and then the rear yard shall wholesale distribution. be a minimum of 20 feet. A parcel f. Cold storage plant, including storage or lot with a rear yard adjacent to and office. zoned forest land shall have a g. Kennel or veterinary clinic operated minimum rear yard of 100 feet. entirely within an enclosed building. C. La Pine Industrial District. h. Processing use such as bottling plant, 1. Uses Permitted Outright. The following creamery, laboratory, blueprinting uses and their accessory uses are and photocopying, laundry, carpet permitted outright: and rug cleaning plant, cleaning and a. Agricultural use as defined in DCC dyeing plant and tire retreading, Title 18. recapping and rebuilding. b. Excavation, grading or fill and i. Contractor's equipment storage or removal activities involved in sale yard, house mover, delivery creation of a wetland in areas not vehicles, transit storage, trucking requiring a conditional use permit for terminal and used equipment in fill or removal. operable condition. c. Class I and II road or street project j• Manufacture of concrete products subject to approval as part of a land and ceramic products using only partition, subdivision or subject to previously comminuted raw the standards and criteria established materials. by DCC 18.116.230. k. All types of automobile, motorcycle, d. Class III road or street project. boat, trailer and truck sales, service, e. Forest operation and forest practice repair, storage and rental. including, but not limited to, 1. Retail or combination reforestation of forest land, road retail/wholesale lumber and building construction and maintenance, materials yard, not including harvesting of a forest tree species, concrete mixing. application of chemicals and disposal m. Manufactured home sales and of slash. service. 2. Uses Permitted Subject to Site Plan n. Plant nursery and greenhouse. Review. The following uses and their 3. Conditional Uses Permitted. The accessory uses are permitted subject to following uses may be allowed subject to DCC 18.61.030(C)(4)(c)(2) and other the applicable provisions of DCC 18.61 applicable provisions of DCC 18.61 and and DCC 18.124, Site Plan Review, and DCC 18.116, Supplementary Provisions, DCC 18.128, Conditional Use: and DCC 18.124, Site Plan Review: a. Mini -storage facility. a. Expansion of a valid use existing on b. Hydroelectric facility, subject to December 5, 1994. DCC 18.116.130 and 18.128.260. b. Public use compatible with industrial c. Asphalt plant. d. Lumber manufacturing and wood uses. processing including pulp and paper manufacturing. PAGE 4 of 11 - EXHIBIT "I" TO ORDINANCE 2004-002 (1/28/04) 4. EXHIBIT "I" e. Electrical substation. lieu of obtaining a WPCF f. Concrete, asphalt and ready -mix permit. plant. 2. Uses that do not require a WPCF g. Petroleum products storage and permit shall demonstrate the distribution. ability to obtain approval for an h. Storage, crushing and processing of on-site sewage disposal system minerals, including the processing of either before approval of the land aggregate into asphaltic concrete or use permit or as a condition of Portland cement concrete. permit approval. i. Commercial feedlot, stockyard, sales 3. If a use requires more than 5,000 yard, slaughterhouse and rendering gallons of water per day, an plant. application shall be made to the j. Railroad track, freight depot and Oregon Water Resources related facilities. Department for a water rights k. Agricultural products storage and permit or the use must be processing plant. connected to a municipal, 1. Transfer station. community or public water m. Automotive wrecking yard totally system. enclosed by a sight -obscuring fence. b. Compatibility: n. Any use permitted by DCC 1. A use that requires a lot area 18.61.030(C)(2) that is expected to: exceeding 9,000 square feet shall 1. Require lot coverage in excess of not be permitted to locate 70 percent; adjacent to a lot in a residential 2. Require more than one acre of district. land; or 2. A use expected to generate more 3. Generate any odor, dust, fumes, than 30 truck trailer or other glare, flashing lights or noise that heavy equipment trips per day to would be perceptible without and from the subject property instruments 500 feet from the shall not be permitted to locate property line of the subject use. on a lot adjacent to or across a o. Service commercial use, such as street from a lot in a residential office, restaurant, cafe, refreshment district. stand, bar and tavern, whose primary 3. Any use on a lot adjacent to or purposes is to serve industrial uses in across the street from a lot in a the surrounding area, provided that residential district shall not emit such use is allowed as part of an odor, dust, fumes, glare, flashing Industrial Park Master Plan. lights, noise or similar p. Wireless telecommunications disturbances perceptible without facilities, except those facilities instruments more than 200 feet meeting the requirements of DCC in the direction of the affected 18.116.250(A) or (B). residential use or lot. Use Limits. The following limitations 4. Storage, loading and parking and standards shall apply to uses listed in areas for uses permitted by DCC DCC 18.61.030(C)(2) and (3): 18.61.030(0)(2) and (3) shall be a. Sewer and Water Requirements: screened from residential zones. 1. New uses that require DEQ 5. No use requiring air contaminant Water Pollution Control Facility discharge permits shall be (WPCF) permits shall be approved by the Planning required to connect to the La Director or Hearings Body prior Pine Sewer Treatment Facility in to review by the applicable state or federal permit reviewing PAGE 5 of 11 - EXHIBIT "I" TO ORDINANCE 2004-002 (1/28/04) C. Q EXHIBIT "I" authority, nor shall such uses be permitted adjacent to or across a street from a residential lot. 6. A property hosting a service commercial use shall be subject to a waiver of remonstrance recorded in the Deschutes County Book of Records declaring that the operator and his or her successors will not now or in the future file a complaint aimed at curtailing industrial activities on adjacent properties conducted in conformance with DCC 18.61. Traffic/Parking. 1. A use that generates more than 20 auto or truck trips during the busiest hour of the day to and from the premises shall be served directly by an arterial or collector. 2. An applicant must demonstrate that affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and the level of service of such facilities. 3. All parking demand created by any use permitted by DCC 18.61.030(C) shall be accommodated on the applicant's premises entirely off-street. 4. There shall be only one ingress and one egress from properties accommodating uses covered by DCC 18.61.030(C) per each 300 feet or fraction thereof of street frontage. If necessary to meet this requirement, uses shall provide for shared ingress and egress. Requirements for Large Scale Uses. Any industrial use listed in DCC 18.61.030(C)(2) and (3) may be allowed in a building or buildings exceeding 20,000 square feet of floor space if the Planning Director or Hearings Body finds: 1. That such uses are necessary to provide employment that does not exceed the total projected work force within the community and the surrounding rural area; 2. That such uses would not rely upon a work force served by uses within urban growth boundaries; and 3. That the determination of the work force of the community and surrounding rural area considers the total industrial and commercial employment in the community and is coordinated with employment projections for nearby urban growth boundaries. 5. Additional Requirements. As a condition of approval of any use proposed, 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. 6. Dimensional Standards. The following dimensional standards shall apply: a. Minimum Lot Size. The minimum lot size shall be determined subject to the provisions of DCC 18.61.030(C) concerning setback requirements, off-street parking and loading. b. Lot Coverage. Notwithstanding DCC 18.61.030(C)(3)(n), a use permitted by DCC 18.61.030(C) is located adjacent to or across the street from a lot in a residential district shall not exceed 70 percent lot coverage by all buildings, storage areas or facilities and required off- street parking and loading area. c. Setbacks. 1. The minimum building setback between a nonrailroad related structure and a street, road or railroad right of way line shall be PAGE 6 of 11 - EXHIBIT "I" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "I" 50 feet unless a greater setback is not exceeding 8,000 square feet of required for compliance with floor space. Comprehensive Plan policies. b. Industrial use, as defined in DCC 2. The minimum setback between a 18.04, in a building or buildings not structure and a property line exceeding 20,000 square feet of floor adjoining a residential district space. shall be 50 feet. 2. Conditional Uses Permitted. 3. The minimum setback between a Notwithstanding the uses allowed under structure and an existing use DCC 18.61.030(D)(1), the following uses shall be three feet from the may be allowed subject to the applicable property line and at least six feet provisions of DCC 18.61 and DCC from a structure on the adjoining 18.124, Site Plan Review, and DCC property. 18.128, Conditional Use: d. Building Heights. The maximum a. Mini -storage facility. building height for any structure shall b. Processing use such as bottling plant, be 30 feet on any lot adjacent to a creamery, laboratory, blueprinting residential district and 45 feet on any and photocopying, laundry, carpet lot not adjacent to a residential and rug cleaning plant, cleaning and district or that is separated from a dyeing plant and tire retreading, residential district by a street or road. recapping and rebuilding. However, if a building on a lot c. Contractor's equipment storage or adjacent to a residential district, but sale yard, house mover, delivery not separated by a street or road, is vehicles, transit storage, trucking set back 100 feet or more from the terminal and used equipment in residential district, the maximum operable condition. height shall be 45 feet. d. Manufacture of concrete products e. Minimum Lot Frontage. The and ceramic products using only minimum lot frontage shall be 50 previously comminuted raw feet. materials. f. Side Yard. None required, except e. Manufactured home sales and when a parcel or lot with a side yard service. adjacent to zoned forest land shall f. Lumber manufacturing and wood have a minimum side yard of 100 processing. feet. g. Electrical substation. g. Rear Yard. None required, except h. Agricultural products storage and when abutting a yard in a Residential processing plant. District, and then the rear yard shall i. Any use permitted by DCC be a minimum of 20 feet. A parcel 18.61.030(D) that is expected to: or lot with a rear yard adjacent to 1. Require lot coverage in excess of zoned forest land shall have a 70 percent; minimum rear yard of 100 feet. 2. Require more than one acre of D. La Pine Business Park District. land; or 3. Generate any odor, dust, fumes, 1. Uses Permitted Subject to Site Plan glare, flashing lights or noise that Review. The following uses and their would be perceptible without accessory uses are permitted subject to instruments 500 feet from the the applicable provisions of DCC 18.61 property line of the subject use. and 18.116, Supplementary Provisions, j • Wireless telecommunications and DCC 18.124, Site Plan Review: facilities, except those facilities a. Commercial use, as defined in DCC meeting the requirements of DCC 18.04, in a building or buildings each 18.116.250(A) or (B). PAGE 7 of 11 - EXHIBIT "I" TO ORDINANCE 2004-002 (1/28/04) 4. EXHIBIT "I" Additional Requirements for Large Scale lights, noise, or similar Uses. A commercial use in the Business disturbances perceptible without Park District may be allowed in a instruments more than 200 feet building or buildings exceeding 8,000 in the direction of the affected square feet of floor space if the Planning residential use or lot. Director or Hearings Body finds: 4. Storage, loading and parking a. That the intended customers for the areas for all uses shall be proposed use will come from the screened from residential zones. community and surrounding rural 5. No use requiring air contaminant area, or the use will meet the travel discharge permits shall be needs of the people passing through approved by the Planning the area, for the purposes of DCC Director or Hearings Body prior 18.61.030(D), the surrounding rural to review by the applicable state area shall be that area identified in or federal permit reviewing the map depicted as Figure 5 in the authority, nor shall such uses be La Pine Urban Unincorporated permitted adjacent to or across a Community section of the street from a residential lot. Comprehensive Plan; 6. A property hosting a service b. The use will primarily employ a commercial use shall be subject work force from the community and to a waiver of remonstrance surrounding rural area; and recorded in the Deschutes c. That it is not practical to locate the County Book of Records use in a building or buildings under declaring that the operator and 8,000 square feet of floor space. his or her successors will not Use Limits. The following limitations now or in the future file a and standards shall apply to all uses: complaint aimed at curtailing a. Sewer and Water Requirements: industrial activities on adjacent 1. New uses shall be required to properties conducted in connect to the La Pine Sewer conformance with DCC 18.61. Treatment Facility. c. Traffic/Parking 2. New uses must be connected to a 1. A use that generates more than municipal, community or public 20 auto or truck trips during the water system. busiest hour of the day to and b. Compatibility: from the premises shall be 1. A use that requires a lot area served directly by an arterial or exceeding 9,000 square feet shall collector. not be permitted to locate 2. An applicant must demonstrate adjacent to a lot in a residential that affected transportation district. facilities are adequate to serve 2. A use expected to generate more the proposed use, considering the than 30 truck -trailer or other functional classification, heavy equipment trips per day to capacity and the level of service and from the subject property of such facilities. shall not be permitted to locate 3. All parking demand created by on a lot adjacent to or across a any use permitted by DCC street from a lot in a residential 18.61.030(D) shall be district. accommodated on the applicant's 3. Any use on a lot adjacent to or premises entirely off-street. across the street from a lot in a 4. Parking may be allowed within residential district shall not emit the front yard building setback odor, dust, fumes, glare, flashing area except that no parking shall PAGE 8 of 11 - EXHIBIT "I" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "I" be allowed within 10 feet of any b. Side Yard. None required, a street. structure and a property line 5. There shall be only one ingress adjoining a street shall be 10 feet. and one egress from properties c. Rear Yard. None required, except accommodating uses permitted the minimum setback between a by DCC 18.61.030(D) per each structure and a property line 300 feet or fraction thereof of adjoining a street or a residential street frontage. If necessary to district shall be 20 feet. A parcel or meet this requirement, uses shall lot with a rear yard adjacent to zoned provide for shared ingress and forestland shall have a minimum rear egress. yard of 100 feet. 5. Additional Requirements. As a condition d. The minimum setback between a of approval of any use proposed, the structure and an existing use shall be Planning Director or Hearings Body may three feet from the property line and require: six feet from a structure on the a. An increase in required setbacks. adjoining property. b. Additional off-street parking and 8. Building Height. The maximum building loading facilities. height for any structure shall be 30 feet c. Limitations on signs or lighting, on any lot adjacent to a residential district hours of operation and points of and 45 feet on any lot not adjacent to a ingress and egress. residential district or that is separated d. Additional landscaping, screening from a residential district by a street or and other improvements. road. However, if a building on a lot 6. Dimensional Standards. The following adjacent to a residential district, but not dimensional standards shall apply: separated by a street or road, is set back a. Minimum Lot Size. The minimum 100 feet or more from the residential lot size shall be determined subject to district, the maximum height shall be 45 the provisions of DCC 18.61.030(D) feet. concerning setback requirements, E. La Pine Sewer Treatment District. off-street parking and loading. 1. Uses Permitted Outright. The following b. Minimum Lot Frontage. The uses and their accessory uses are minimum lot frontage shall be 50 permitted outright: feet. c. Lot Coverage. A use permitted by a. Any use that is allowed by ORS DCC 18.61.030(D) which is located 215.283(1), including utility facility adjacent to or across the street from a necessary for public service, except lot in a residential district shall not commercial facilities for the purpose exceed 70 percent lot coverage by all of generating power for public use by buildings, storage areas or facilities sale and transmission towers over and required off-street parking and 200 feet in height. loading area. 2. Conditional Uses Permitted. The 7. Setbacks. following uses may be allowed subject to a. Front Yard. The minimum setback applicable provisions of DCC 18.61 and between a building and the street that DCC 18.116, Supplementary Provisions, provides ingress and egress to that DCC 18.124, Site Plan Review, and DCC building shall be 30 feet unless a 18.128, Conditional Use and DCC greater setback is required for 18.16.040(A): a. Parks, playground or community compliance with Comprehensive centers owned and operated by a Plan policies. governmental agency or a nonprofit community organization. PAGE 9 of 11 - EXHIBIT "I" TO ORDINANCE 2004-002 (1/28/04) ID 691-9- %17 4 3. Dimensional Standards. The following shall be the side yard required in the dimensional standards shall apply: abutting Residential District. A a. Lot Coverage. No requirements. parcel or lot with a side yard adjacent b. Building Height. No building or to zoned forest land shall have a structure shall be erected or enlarged minimum side yard of 100 feet. to exceed 30 feet in height, except as c. Rear Yard. None required, except approved under DCC 18.120.040. when abutting a yard in a Residential 4. Yard and Setback Requirements. District, and then the rear yard shall a. Front Yard. The minimum front be a minimum of 20 feet. A parcel yard shall be 20 feet. or lot with a rear yard adjacent to b. Side Yard. A side yard shall be a zoned forest land shall have a minimum of five feet and the sum of minimum rear yard of 100 feet. the two side yards shall be a 3. Dimensional Standards. The following minimum of 15 feet. dimensional standards shall apply: c. Rear Yard. The minimum rear yard a. Lot Coverage. No requirements. shall be 20 feet. b. Building Height. No building or structure shall be erected or enlarged F. La Pine Flood Plain District. All uses to exceed 30 feet in height, except as proposed within this district shall be subject approved under DCC 18.120.040. to the provisions in DCC 18.96, Flood Plain 4. Lot Size. Zone. a. Lot Size. New lots shall have a G. La Pine Community Facility District. minimum width of 50 feet and a 1. Uses Permitted Subject to Site Plan minimum area of 5,000 square feet. Review. The following uses and their b. Lot Coverage. No requirements. accessory uses are permitted subject to c. Building Height. No building or the applicable provisions of DCC 18.61, structure shall be erected or enlarged DCC 18.116, Supplementary Provisions to exceed 30 feet in height, except as and DCC 18.124, Site Plan Review: approved under DCC 18.120.040. a. Performing arts center. 5. Additional Requirements. As a condition b. Swimming pool. of approval of any use proposed, the c. Community center. Planning Director or Hearings Body may d. Public use. require: e. School. a. An increase in required setbacks. f. Theater. b. Additional off-street parking and 2. Yard and Setback Requirements. loading facilities. a. Front Yard. The front yard shall be c. Limitations on signs or lighting, no more than 15 feet, except as hours of operation and points of otherwise allowed by DCC ingress and egress. 18.124.070(D)(2) and except when d. Additional landscaping, screening abutting a lot in a Residential and other improvements. District, in which case the front yard H. La Pine Community Facility Limited District. shall be the front yard required in the 1. Uses Permitted Outright. abutting Residential District. All a. Multi -use path. buildings shall be set at the front yard 2 . Uses Permitted Subject to Site Plan setback line. A parcel or lot with a Review. The following uses and their front yard adjacent to zoned forest f accessory uses are permitted subject to land shall have a minimum front yard la d s applicable provisions of DCC 18.61 and feet. DCC 18.116, Supplementary Provisions, b. Side Yard. None required, except and DCC 18.124, Site Plan Review: when abutting a lot in a Residential School. District in which case the side yard a. PAGE 10 of 11 - EXHIBIT' I' TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "I" b. Park or playground. (Ord. 2004-002 § 9, 2004; Ord. 2001-044 § 3, 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 11 of 11 - EXHIBIT "I" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "J" 18.61.050. Neighborhood Planning Area. A. Purpose. The Neighborhood Planning Area provides standards and review procedures for —11...... 5 ---ae +,�e .neltide the development in the Neighborhood Planning S—rn�avtien display Area of the La Pine UUC and is the femises of sale of s4ee " receiving area" for transferable development i n � ,��.,o *a , ,r Dees have credits (TDCs). The Neighborhood Planning 6 not Area includes six zoning districts, each with lie its own set of allowed uses, as further set eeeupatiem 2. Uses Permitted Subject to Site Plan forth in DCC 18.61.050. Review. The following uses and their B. Water and Wastewater Facilities. All uses in accessory uses are permitted subject to the Neighborhood Planning Area requiring applicable provisions of DCC 18.61 and water shall be connected to the La Pine Water DCC 18.116, Supplementary Provisions, District water system. All uses in the and DCC 18.124, Site Plan Review: Neighborhood Planning Area that discharge a. Multi -family dwelling, located along wastewater shall be connected to the La Pine the central collector road in the Special Sewer District sewage treatment Neighborhood Planning Area or facility or a Department of Environmental adjacent to Huntington or Burgess Quality approved community waste water Roads. treatment facility serving the La Pine b. Bed and Breakfast Inn, located along Neighborhood Planning Area. the central collector road in the C. Residential General District. Purpose: The Neighborhood Planning Area or Residential General District is the largest area Huntington or Burgess Roads. of Neighborhood Planning Area. The district c. Child care facility located adjacent to is primarily for single-family residential uses the central or a neighborhood with a variety of lot sizes and housing styles. collector road in the Neighborhood Some higher density housing is allowed in Planning Area or Huntington or specified locations. Burgess Roads. 1. Uses permitted outright. d. Park or playground. a. Single-family dwelling, including a 3. Conditional Uses Permitted. The "Class A" manufactured home. following uses and their accessory uses b. Duplex. are permitted subject to applicable c. Accessory dwelling. provisions of DCC 18.61 and DCC d. Multi use path. 18.116, Supplementary Provisions, DCC e. Open space. 18.124, Site Plan Review, and DCC £ Residential facility or residential 18.128, Conditional Use: home. a. Type 2 or Type 3 Home Occupation. g. Type 1 Home Occupation, subject to subject to DCC 18.116.280.Ieme DCC 18.116.280 4eme eeeepatiem eeetipatien as defined in DGG 18.04. b. Outdoor Recreational Equipment Storage area as defined in DCC ' 18.04. in the dwellin,—,, 4. Dimensional Standards. The lot size, lot who reside 2. Dees net elierA 'C-JP.�"���GYY�i2'IITBF coverage block length, block perimeter east, ff fs en site; and building height standards shown in 3. Dees net eder- Table 2 shall apply to the Residential pr-eduee ' General District. ' 5. Yard and Setback Requirements. The front, side and rear yard requirements in PAGE 1 of 10 — EXHIBIT "J" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "Y' Table 2 shall apply to uses in the a. Community center up to 4,000 Residential General District. square feet in floor area. 6. Residential Density. The residential a. Neighborhood commercial building density requirements in Tables 1 and 2 A as defined in DCC 18.04. shall apply to the Residential General b. Multi -family dwelling. District. c. Bed and Breakfast Inn. D. Residential Center District. Purpose: The d. Church. Residential Center District is a location for e. Park or playground. social activities and small mixed-use 3. Conditional uses permitted. The residential/commercial businesses. It is following uses and their accessory uses located near the geographical center of each are permitted subject to applicable Neighborhood. This district is the location provisions of DCC 18.61 and DCC for more compact housing types such as town 18.116, Supplementary Provisions, DCC homes and apartment buildings that activate 18.124, Site Plan Review, and DCC the center and allow a greater number of 18.128, Conditional Use: people the option to walk for their daily a. Single-family dwelling, including needs. "Class A" manufactured home, I. Uses permitted outright. except as permitted in a. Single Family Dwelling – Zero Lot 18.6 a. Line. town home, duplex or triplex. l facility or residential bResidential f . b. Accessory dwelling. home. c. Live/work unit. c. Type 2 or Type 3 Home Occupation, d. Multi use path. subject to DCC 18.116.280.14eiiae defined in DGG 18.04. e. Open space. g. Type 1 Home Occupation, subject to eeeupatien as 4. Dimensional standards. The lot size, lot 18.116.280.uofne eeeupatien coverage block len ' block perimeterDCC tka� and building height standards shown in Table 2 shall apply to the Residential Center District. in dwel2. 5. Yard and setback requirements. The who reside the noefs t sef Dees— eet�e��e—al}��� front, side and rear yard requirements in �,s„, Table 2 shall apply to uses in the site; 3. Dees Residential Center District. not pr-eduee ' i flashing lights 6. Residential density. The residential gle&e' er- 4. Does 25 density requirements in Tables 1 and 2 not eeeupy more then shall apply to the Residential Center dwelling; District. 5. Does fiet ineltide theen E. Community Facility District. Purpose: The purpose of this district is to provide a location ;n t� for public and private uses and facilities that serve the civic, social and recreational needs of the community. The Community Facility heme-eeeepatien. District also includes higher density housing. 2. Uses Permitted Subject to Site Plan 1. Uses Permitted Outright. Review. The following uses and their a. Duplex, triplex or town home. accessory uses are permitted subject to b. Multi -use path. applicable provisions of DCC 18.61 and c. Open space. DCC 18.116, Supplementary Provisions, 2. Uses Permitted Subject to Site Plan and DCC 18.124, Site Plan Review: Review. The following uses and their accessory uses are permitted subject to PAGE 2 of 10 – EXHIBIT "T' TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "J" applicable provisions of DCC 18.61 and 2. Uses Permitted Subject to Site Plan DCC 18.116, Supplementary Provisions, Review. The following uses and their and DCC 18.124, Site Plan Review: accessory uses are permitted subject to a. Multi -family dwelling. applicable provisions of DCC 18.61 and b. Continuing care retirement center. DCC 18.116, Supplementary Provisions, c. Hospital. and DCC 18.124, Site Plan Review:- d. Medical facility. a. Park and ride facility. e. Assisted living, congregate care b. School. facility. c. Park or playground. f. Nursing home. 3. Uses Permitted Subject to Conditional g. Mixed use building (residential with Use. The following uses and their other permitted use in the district). accessory uses are permitted subject to h. Child care center. applicable provisions of DCC 18.61 and i. Public use. DCC 18.116, Supplementary Provisions, j. Community center. DCC 18.124, Site Plan Review, and DCC k. Church. 18.128, Conditional Use: 1. Senior center. a. Equestrian facility. m. Library. G. Neighborhood Commercial District. n. Museum. Purpose: The purpose of this district is to o. Performing arts building. provide a location for small-scale p. Theater. School. convenience commercial uses designed to q. r. Park or playground. serve the Neighborhood Planning Area. 3. Conditional Uses Permitted. The 1 Uses Permitted Outright.. following uses and their accessory uses a. Multi use path. are permitted subject to applicable b. Open space. 2. Uses Permitted Subject to Site Plan provisions of DCC 18.61 and DCC Review. The following uses and their 18.116, Supplementary Provisions, DCC accessory uses are permitted in a building 18.124, Site Plan Review, and DCC or buildings each not exceeding 4,000 18.128, Conditional Use: a. Single-family dwelling. square feet of floor space, subject to b. Retail or professional office use that applicable provisions of DCC 18.61 and supports a permitted use in the DCC 18.116, Supplementary Provisions, district. and DCC 18.124, Site Plan Review: 4. Dimensional Standards. The lot size, lot a. Convenience market. coverage block length, block perimeter b. Video store. and building height standards shown in c. Retail store. Table 2 shall apply to the Community 3. Conditional Uses Permitted. The Facility District following uses and their accessory uses 5. Yard and Setback Requirements. The are permitted in a building or buildings front, side and rear yard requirements in each not exceeding 4,000 square feet of Table 2 shall apply to uses in the floor space, subject to applicable Community Facility District. provisions of DCC 18.61 and DCC 18.116, Supplementary Provisions, DCC F. Community Facility Limited District. 18.124, Site Plan Review, and DCC Purpose. The purpose of this district is to 18.128, Conditional Use: Such as but not provide locations for a school, recreation and limited to: transportation facilities. a. Restaurant. 1. Uses permitted outright. b. Laundry mat. a. Multi use path. c. Dry cleaning. b. Open space. PAGE 3 of 10 — EXHIBIT "J" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "J" d. Art studio in conjunction with retail 23.36.052. The exact boundaries of use. the Neighborhood Parks shall be e. Professional office. established at the time of approval of 4. Dimensional Standards. The lot size, lot a Quadrant Plan under DCC coverage block length, block perimeter 18.61.050(K). and building height standards shown in d. Platting. Neighborhood Parks shall Table 2 shall apply to the Commercial be platted as part of the first phase District. subdivision in an approved Quadrant 5. Yard and Setback Requirements. The Plan. front, side and rear yard requirements in 5. Regional Park Development Standards. Table 2 shall apply to uses in the a. The La Pine Neighborhood Planning Commercial District. Area may include one Regional Park. H. Park District. The purpose of this district is The Regional Park may be developed to provide Neighborhood Parks in each of the in Neighborhood 3 or 4. four neighborhoods within the Neighborhood b. Size Standard. The Regional Park Planning Area. This district may also apply shall be between 10 and 25 acres in to an optional Regional Park that may be size. located in Neighborhood 2 and or 3 during C. The location of a Regional Park shall Quadrant Plan approval process. be determined during the quadrant 1. Uses Permitted Outright. planning of Neighborhoods 3 and/or a. Multi -use path. 4. b. Open space. d. If the Regional Park is located at the 2. Uses Subject to Provisions of DCC intersection of the central collector 18.61.050(H)(4). and a neighborhood collector at the a. Neighborhood Park. center of a Neighborhood, it may 3. Conditional Uses. The following uses replace the required Neighborhood and their accessory uses are permitted Park. subject to the development standards in e. Siting Standards. DCC 18.61.050(H)(5) and the applicable i. The Regional Park shall have provisions of DCC 18.61 and DCC direct access to either a collector 18.116, Supplementary Provisions, and street and an arterial street or the DCC 18.124, Site Plan Review: central collector and a a. Regional Park. neighborhood collector street. 4. Neighborhood Park Development ii. The Regional Park shall have Standards. direct access to a paved multi - a. Size standard. Neighborhood Parks use path. shall be a minimum of two acres and I. Open Space District. The purpose of this no more than five acres in size. district is to provide two types of open space b. Location. Neighborhood Parks shall in the Neighborhood Planning Area. be located at the center of each Perimeter Open Space is located adjacent to Neighborhood and be fronted on at Huntington and Burgess Roads, Highway 97, least three sides by public streets and between existing residential lots west of including the central collector and a Neighborhood 4. Perimeter Open Space will neighborhood collector. provide visual and noise screening and c. Boundary Determination. The locations for multi use paths. Corridor Open boundaries of the Neighborhood Space divides the four Neighborhoods, helps Parks are generally depicted on the to maintain a rural feeling and contains Neighborhood Planning Area Park unpaved multi -use paths. Plan, Figure 17 in the Deschutes 1. Perimeter Open Space Uses Permitted County Comprehensive Plan, DCC Outright. PAGE 4 of 10 — EXHIBIT "J" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "J" PAGE 5 of 10 — EXHIBIT "J" TO ORDINANCE 2004-002 (1/28/04) e. Open space. 3. Application Requirements. All f. Multi use path. applications shall include the following 2. Corridor Open Space Uses Permitted elements. Outright. a. Zoning Plan, drawn to scale, a. Open space. showing the boundaries of the b. Multi -use path. proposed zones and the acres in each g. Picnic area. zone. h. Benches along multi -use path. b. Transportation Plan, drawn to scale, i. Park or playground managed by the including locations of street rights of La Pine Park District or a way for central collector, Neighborhood Planning Area neighborhood collector and local homeowners association. streets, block configurations and 3. Uses Permitted Subject to an Open Space connections with adjacent Quadrants. Management Plan under the provision of c. Non -motorized Circulation Plan DCC 18.61.050(1)(4). showing locations of sidewalks a. Vegetation management for wildfire paved and unpaved multi -use paths hazard reduction. and where they will connect to b. Vegetation management for wildlife adjacent Quadrants. habitat enhancement. d. Open Space and Park Plan, drawn to c. Landscaped earthen berm. scale, defining boundaries for the 4. Open Space Management Plan. open space district and a. An open space management plan Neighborhood or Regional Parks shall be prepared for each Quadrant where applicable. as a component of a Quadrant Plan. e. Open Space Management Plan. The plan shall be implemented as a f. Utility Plan, drawn to scale, condition of approval for the final identifying location and plat of the first phase of any specifications for sewer and water development in a Quadrant. The facilities. The utility plan shall open space management plan shall include a schedule of improvement identify the funding source and initiation and completion and a management responsibility for zoned written narrative that explains or open space. describes: J. Quadrant Plan. 1. How the proposed water and 1. Plan Approval Required. Prior to sewer systems will be adequate issuance of a building permit, approval of to serve the type and size of a tentative plan or initiation of development planned. development including streets or 2. How the proposed location and placement of utilities within a sizing of facilities will be Neighborhood or Quadrant, a Quadrant consistent with existing and Plan shall be approved according to the planned facilities. provisions of DCC 18.61.050. 3. How adequate water flow 2. Eligibility to Submit an Application. volumes will be provided to Deschutes County will accept a Quadrant meet fire flow and domestic Plan application from a developer who demands. has an agreement with Deschutes County g• Proposed design guidelines and of intent to purchase land in the process for reviewing and approving Quadrant. The County may also prepare buildings for conformance with the a Quadrant Plan. guidelines. Notwithstanding DCC 23.40.020(F)(1)(g), and this requirement, no design guidelines shall be required for Quadrant 1 c. PAGE 5 of 10 — EXHIBIT "J" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "J" h. A plan showing the zone boundaries c. There is adequate sewer and water for Neighborhood General and capacity to serve the development Neighborhood Center Districts. planned for the Quadrant and i. A plan showing the proposed agreements to provide service have locations and dimensions of road been signed with appropriate water rights-of-way. and sewer districts or providers. j. A written burden of proof statement d. The streets proposed in the Quadrant with findings demonstrating Transportation Plan conform to the conformance with the goals and general location and connection policies of The Deschutes County requirements of the La Pine Comprehensive Plan, DCC Neighborhood Street Plan, Figure 15 23.40.020, the applicable sections of in the Deschutes County DCC 18.61, and any other applicable Comprehensive Plan, DCC provisions of DCC Title 18. 23.36.052. The proposed street k. A proposal for deed restrictions, design conforms to the standards in Covenants, Conditions and DCC Title 17, Table 2 for the La Restrictions (CCRs), and a Pine Neighborhood Planning Area. homeowners association. Notwith- Final locations of road rights-of-way standing DCC 23.40.020(F)(1)(g) approved under a quadrant plan will and (h), no proposal for deed be determined through the process restrictions, CCRs, and a home- for approval of a tentative plat under owners association shall be required DCC Title 17. with an application for a quadrant e. The paved and unpaved multi -use plan for Quadrant lc. paths are located within or adjacent 4. Quadrant Plan Approval. Approval of a to the Perimeter or Corridor Open Quadrant Plan is a land use action and Space as generally shown in the shall be reviewed under the provisions of Non -Motorized Plan, Figure 16 in DCC 22.20.020. Notwithstanding the the Deschutes County order of hearings bodies listed under Comprehensive Plan, DCC DCC 22.24.020(A),_Quadrant Plans shall .23.36.052 be subject to a public hearing before the f. The open space in the Open Space Deschutes County Planning Commission. and Park Plan conforms to the The Planning Commission shall make the standards in Deschutes County decision to approve or deny an Comprehensive Plan, DCC application for a quadrant plan. The 23.36.020(D) and general location Board of County Commissioners will act shown in the La Pine Neighborhood as the hearings body on an appeal of such Parks and Open Space Plan, Figure a decision. An appeal of a quadrant plan 17 in the Comprehensive Plan. DCC decision shall be considered pursuant to 23.36.052. DCC Chapter 22.32, Appeals. A g. The Zoning Plan conforms to the Quadrant Plan may be approved subject following performance standards: to conditions with findings that the 1. Neighborhood Commercial following criteria are met: District. A minimum of two and a. The Quadrant Plan contains all of the a maximum of four acres of elements required in DCC Neighborhood Commercial 18.61.050(J)(3). District shall be established in b. The Quadrant Plan conforms to the Quadrant 3a or 3c. policies in the Deschutes County Alternatively, if Quadrant Plans Comprehensive Plan, DCC for Quadrant 3a and 3c are 23.36.052. approved at the same time, the maximum area of Neighborhood PAGE 6 of 10 — EXHIBIT "J" TO ORDINANCE 2004-002 (1/28/04) 2. 3. 4 5 G4 I*:4661UNIWA Commercial District may be divided between the two Quadrants. The Neighborhood Commercial zone shall be located at the intersection of Huntington Road and the neighborhood collector that bisects Neighborhood 3. Community Facility District. Quadrant 1 c shall be zoned as Community Facility District. Community Facility Limited District. The portion of Quadrant 3a that is located west of Huntington Road shall be zoned Community Facility Limited. A maximum of 15 acres in the northwest section of Quadrant 4a may be zoned Community Facility Limited. Residential Center District. Each Quadrant except Quadrant I c and l d shall have a Residential Center District with a minimum of three acres and a maximum of six acres. The area of the Residential Center District is gross acres including public rights of way. The Residential Center District shall be a contiguous area located so that it is adjacent to both the central collector and the collector street that bisects the Neighborhood. Residential General District. The area zoned Residential General shall be the area in each Quadrant that remains after the mandatory minimum Residential Center, Neighborhood Parks and Open Space zoning is defined. Neighborhood Park District. Where a Neighborhood Park is specified on the La Pine Neighborhood Parks and Open Space Plan (Figure 17 in the Deschutes County Comprehensive Plan, DCC 23.36.052, the Quadrant Plan shall zone a minimum of two acres and a maximum of five acres as Neighborhood Park District. The Neighborhood Park District shall be located at the intersection of the central collector and the neighborhood collector that that bisects the Neighborhood. 7. Open Space District. The Quadrant Plan shall designate the following minimum areas as Open Space District: i. Minimum 200 foot wide Corridor Open Space Buffer between Neighborhoods 1 and 2; 2 and 3; and 3 and 4. ii. Minimum 200 foot wide Perimeter Open Space adjacent to Highway 97. iii. Minimum 75 foot wide Perimeter Open Space adjacent to Huntington and Burgess Roads. iv. Minimum 50 foot wide Perimeter Open Space on the west edge of Quadrants 4a and 4c. 8. The proposed residential densities and lot sizes conform with the requirements of the Residential General and Residential Center Zones as further described as follows in Tables 1 and 2: (Ord. 2004-002 § 10, 2004; Ord. 2003-028 § 2, 2003; Ord. 2003-005 § 1, 2003; Ord. 2001-044 § 3, 2001; Ord. 2001-037 § 2, 2001; Ord. 2000-015 § 2, 2000) PAGE 7 of 10 — EXHIBIT "J" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "J" TABLE 1. La Pine Neighborhood Planning Area Density Standards NOTE: Density is calculated using gross acres, excluding collector street right of way. PAGE 8 of 10 — EXHIBIT "J" TO ORDINANCE 2004-002 (1/28/04) Maximum Minimum Lot Size Range Density Density Single-family NEIGHBORHOOD 1 �� Residential Center 12 units/acre 8 units/acre 2,400— 4,500 Residential General 6 units/acre 3 units/acre 4,000— 7,000 NEIGHBORHOOD 2 3 & 4 , ° 0 Residential Center 12 units/acre 6 units/acre 2,400— 7,000 Residential General 6 units/acre 2 units/acre 7,000 —15,000 NOTE: Density is calculated using gross acres, excluding collector street right of way. PAGE 8 of 10 — EXHIBIT "J" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "J" TABLE 2. La Pine Neighborhood Planning Area Zoning Standards RESIDENTIAL RESIDENTIAL COMMUNITY COMMUNITY NEIGHBORHOOD GENERAL CENTER FACILITY FACILITY COMMERCIAL LIMITED LOT SIZE.Sin le,famll '' s NEIGHBORHOOD 1 Maximum square feet 7,000 4,500 N/A N/A N/A Minimumsquare feet 4,000 2,400 N/A N/A N/A NEIGHBORHOOD 2 Maximum square feet 15,000 7,000 N/A N/A N/A Minimumsquare feet 7,000 3,500 N/A N/A N/A LO SIZE"fownhome w- tiµ Minimum square feet N/A 2,400 I 2,400'' I N/A Ni L©T SIZE Duplex Trrplexof .. w� Minimumsquare feet 8,000 8,000 8,000 N/A N/A LOT SIZE cul#ifamiY�. t Maximum square feet no maximum no maximum no maximum N/A N/A Minimumsquare feet 15,000 10,000 10,000 N/A N/A LOT; SIZE®fher,uses .u,. , d....,..,,w.. s. Maximum square feet no maximum no maximum no maximum no maximum 22,000 Minimumsquare feet 7,000 4,500 none none 7,000 w a3 :r 3 LflT�UI/IDTH�:� �' � " , .: .. w -e... - Yom...... „,...,xv/A ... a\tip; -- - -_ �• � ......: .''.. .wM� Minimum (feet) 50' for detached 40' for detached 50 50 50 dwellings dwellings 24' for attached 24' for attached townhome townhome LOT DEPT H/ ., .,,: .,u...., .... Minimum feet 100 100 150 150 150 RESIDN IAL DENSITY er rocs acre NEIGHBORHOOD 1 Maximum 8.0 12.0 12.0 N/A N/A Minimum 3.0 8.0 N/A N/A N/A NEIGHBORHOODS 2, 3 & 4 Maximum 6.0 12.0 N/A N/A N/A Minimum 2.0 6.0 SETBACKS }v .-._ , .zw Primary Building Front 15' min. 10' min. 10' min 10' min 10' min. 10' min. 5' min. or 0 lot 5' min. or 0 lot 5' plus 1/2 foot 5' plus 1/2 foot for line line for each ft. each ft. building Side building height exceeds 20' height exceeds 20' Side at corner (2) 10 feet 5 'or 0 lot line 5 feet 5 feet 5 feet 10 feet None except None except 5' plus 1/2 foot 5 feet abutting abutting for each ft. Rear Residential Residential building height General 5' General 5' exceeds 20' PAGE 9 of 10 — EXHIBIT "J" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "J" TABLE 2. La Pine Neighborhood Planning Area Zoning Standards (continued) RESIDENTIAL I RESIDENTIAL I COMMUNITY COMMUNITY NEIGHBORHOO GENERAL CENTER FACILITY FACILITY COMMERCIAL LIMITED Maximum 35 percent 50 percent 60 percent 60 percent 50 percent y BLC1( REQl71REMENTS 3.`Ma\i..... 0111, Min. from front of building 10 feet 5 feet 5 feet N/A N/A Maximum Perimeter 2,000 1,600 1,200 N/A 1,200 feet Maximum block length without 600 feet 600 feet 400 feet 800 600 feet pedestrian connection BUILDING HEIGHT N/A 50% min.(2) N/A N/A N/A _. _.. �R.. Primary 30' 40' except Res. 45' except Res. 45' 30' General General standards apply standards apply to single family. to single family. Townhomes 35 Townhomes 35 ft. max. ft. max. 20' 25' 30' 30' 25' Accessory Dwelling or Building Higher with Conditional Use NO YES up to 40 feet YES YES NO Permit Front lot line 20 feet 10 feet 10 feet N/A N/A Min. from front of building 10 feet 5 feet 5 feet N/A N/A MINIMUM ONSITE DCC 18.116 DCC 18.116 DCC 18.116 DCC 18.116 DCC 18.116 PARKING % Building at front lot line N/A 50% min.(2) N/A N/A N/A NOTES: (1) Gross acres, excluding collector street right of way (2) Must met clear vision requirements of DCC 18.116.020 (3) The block requirements not applicable to review and approval of quadrant plans. (Ord. 2003-005 § 1, 2003; Ord. 2001-044 § 3,2001; Ord. 2001-037 § 2,2001; Ord. 2000-015 § 2, 2000) PAGE 10 of 10 — EXHIBIT "J" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "K" 18.65.020. RSC - Commercial/Mixed Use place in multiple buildings may not District (Brothers, Hampton, exceed 4,000 square feet. Millican, Whistlestop and 2. Residential use in conjunction with a Wildhunt). permitted commercial use. A. Uses Permitted Outright. The following uses 3. Park or playground. and their accessory uses are permitted 4. Community building. 5. Public or semipublic building or use. outright, subject to applicable provisions of this chapter: 6. Highway maintenance facility. 1. Single-family dwelling. C. Conditional Uses Permitted. The following 2. Manufactured home, subject to DCC uses and their accessory uses are permitted 18.116.070. subject to applicable provisions of this 3. Type 1 Home Occupation, subject to chapter, DCC 18.116, Supplementary DCC 18.116.280.Home-eeetipatien,, Provisions, DCC 18.124, Site Plan Review, L limited �. e to efiN `heA.: and DCC 18.128, Conditional Use, of this a. is eaigFied en wkWn a dwelling e* title: ri. by embeH of the f . , ly whe r-esi �r 1. Multi -family dwelling with three or more in the dwelfing;t units. b. does net pr-eduee eder-, dust, gla 2. Church. flas ;..,.li `n e. 3. School. e. does- not eeetipy more tha- '� 4. Cemetery. per-eent-ef the-leer--m-ea of 5. Type 2 or Type 3 Home Occupation, Wig; and e. dees net inelude th subject to DCC 18.116.280.Heine eeetipatien that does net other -wise meet display a ale of s4eek ift t- ao U 4. Residential home and residential facility. the pfev�ens in DG18.65.020(A)(3). 6. Medical clinic or veterinary clinic. 5. Two-family dwelling or duplex. 7. Community Center. 6. Agricultural uses, as defined in Title 18, 8. Manufactured home park. and excluding livestock feed lot or sales 9. Recreational vehicle or trailer park. yard, and hog or mink farms. 10. Wireless telecommunications facilities, 7. Class I and II road or street project except those facilities meeting the subject to approval as part of a land requirements of DCC 18.116.250(A). partition, subdivision or subject to the D. Yard and Setback Requirements. standards and criteria established by 1. The front yard setback shall be a DCC 18.116.230. 8. Class III road and street project. minimum of 20 feet from a property line 9. Operation, maintenance, and piping of fronting on a local street right of way and existing irrigation systems operated by an 50 feet from an arterial right of way. Irrigation District except as provided in 2. The minimum side yard setback shall be DCC 18.120.050. 10 feet. 3. The minimum rear yard setback shall be B. Uses Permitted Subject to Site Plan Review. 20 feet. The following uses and their accessory uses 4. The minimum side and rear yard setbacks are permitted, subject to applicable for property that is adjacent to land zoned provisions of this chapter, DCC 18.116, exclusive farm use shall be 50 feet. Supplementary Provisions, and DCC 18.124, E. Lot Requirements. Site Plan Review, of this title: 1. Residential Uses: 1. Retail store, business office and/or a. The minimum lot size for residential commercial establishment in a building uses in Brothers, Hampton and or buildings each not exceeding 4,000 Millican is 2.5 acres. square feet of floor space. The aggregate area for any one type of use that takes PAGE 1 of 2 - EXHIBIT "K" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "K" 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, Millican, Whistlestop and Wildhunt for a commercial use served by an on-site septic system and individual well shall be the size necessary to accommodate the use. b. In Alfalfa, the minimum lot size shall be the size necessary to accommodate the use, but not less than one acre. c. Each lot shall have a minimum width of 150 feet. 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. (Ord. 2004-002 § 11, 2004; Ord. 2002-028 § 1, 2002; Ord. 2002-002 § 2, 2002) PAGE 2 of 2 - EXHIBIT "K" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "L" 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 18.65.021(D), and excluding livestock feed lot or sales yard, and hog or mink farms. 2. Single-family dwelling, or a manufactured 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. 7. Type 1 Home Occupation, subject to DCC 18.116.280. 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. S. Type 2 or Type 3 Home Occupation. subject to DCC 18.116.280.14eme eeeupetiens 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 PAGE 1 of 2 - EXHIBIT "L" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "L" 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. 3. All livestock shall be located a minimum of 100 feet away from a residential building on an adjacent lot. (Ord. 2004-002 § 12, 2004; Ord. 2002-028 § 1, 2002; Ord. 2002-002 § 2, 2002) PAGE 2 of 2 - EXHIBIT "L" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "M" 18.66.020. Residential (TeR) district. The Terrebonne Residential District allows a mixture of housing types and densities suited to the level of available water and sewer facilities. The purpose of this district is to allow new residential development that is compatible with the rural character of the area. A. Permitted uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type 1 Home Occupation, subject to DCC 18.116.280. a. Is eanied on witlin a dwelling e* by members of the family who r-esid in the ewees not serve-elieetsor- -eustemffs erg -sites flashing h& . I d. Dees not—eeeepy mere—thfin �5 pereent ef the floor- area—ef the did e. Dees not inelude th di spl&y a sale of s4eek i 4«...�e 4. Agricultural uses as defined in DCC 18.04, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total number of such animals over the age of six months does not exceed one for each 500 square feet of property. 5. Class I and H road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 6. Class III road or street project. 7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Manufactured home park. 2. Multi -family dwelling complex. 3. Retirement center or nursing home. 4. Cluster development. 5. Church. 6. Type 2 or Type 3 Home Occu ap tion, subject to DCC 18.116.280.14eme eeeupa4ien-as domed in DGG 18.04. 7. Child care center. 8. Public or private school. 9. Park. 10. Public or semi-public building. 11. Utility facility. 12. Water supply or treatment facility. 13. Veterinary clinic. 14. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B)• 15. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. C. Lot Requirements. 1. Partitions: a. Subject to the provisions of DCC 17.36.170(A), parcels not served by an approved community, non- community or municipal water system and not served by a public sewer system, shall have a minimum width of 150 feet with a minimum parcel size of one acre. b. Subject to DCC 17.36.170 parcels served by an approved community, non -community, municipal or public water system, but not served by an approved public sewer system, shall PAGE 1 of 2 - EXHIBIT "M" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "M" have minimum parcel sizes as follows: i. For a single-family dwelling, a parcel shall have a minimum width of 100 feet and a minimum parcel size of 22,000 square feet. ii. For a two-family dwelling, a parcel shall have a minimum width of 100 feet and a minimum parcel size of 33,000 square feet. c. For parcels served by an approved community, municipal or public water and sewer system, the minimum parcel sizes shall be as follows: i. For a single-family dwelling, the parcel shall have a minimum width of 75 feet and a minimum parcel size of 7,500 square feet. ii. For a two-family dwelling, the parcel shall have a minimum width of 75 feet and a minimum parcel size of 10,000 square feet. 2. Subdivisions: a. For subdivisions involving multi- family dwellings, a manufactured home park, a retirement center or a nursing home, all new lots shall be connected to a DEQ permitted wastewater pollution control facility. b. For subdivisions involving only single-family and two family dwellings the standards set forth in DCC 18.66.020(C)(1) shall apply. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.66.020(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subj ect to DCC 18.66.020(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel contiguous to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. 5. 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 meta (Ord. 2004-002 § 13, 2004; Ord. 97-063 § 3, 1997; Ord. 97-003 § 2, 1997) PAGE 2 of 2 - EXHIBIT "M" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "N' 18.66.030. Residential -5 acre minimum (TeR5) district. The purpose of the Terrebonne Residential -5 Acre Minimum District is to retain large rural residential lots where community sewer and water are not available. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type 1 Home Occupation, subject to DCC 18.116.280.Heffle eeeepafien tha4i. by member -s of the fiffifly who fesi in the dwelling,-- b. wellingn. Deesftsef e elients et= eustemefs iet pfeduee odor-, dust, , g lights Reis,—, 4. Agricultural uses as defined in DCC 18.04, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the aae of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals over the age of six months, provided that the total numbers of such animals does not exceed one for each 500 square feet of property. 5. Class I and 11 road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 6. Class III road or street project. 7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124 and 18.128: 1. Manufactured home park. 2. Multi -family dwelling complex. 3. Retirement center or nursing home. 4. Church. 5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.I4eme eeettpatienasde-fifl-eid�T8.04. 6. Public or private school. 7. Child care center. 8. Park. 9. Public or semi-public building. 10. Utility facility. 11. Water supply or treatment facility. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. C. Lot Requirements. The minimum lot or parcel size in the TeR5 District is five acres regardless of the availability of approved community, non -community, municipal, or public water system and public sewer system. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local road right-of-way, 30 feet for a property fronting on a collector right-of-way, and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.66.030(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subject to DCC 18.66.030(D)(4). PAGE 1 of 2 - EXHIBIT "N' TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "N" 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. 5. 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 of shall be met. (Ord. 2004-002 § 14, 2004; Ord. 97-063 § 3, 1997; Ord. 97-003 § 2, 1997) PAGE 2 of 2 - EXHIBIT "N" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "O" 18.66.040. Commercial (TeC) district. d. Veterinary clinic and kennel entirely The Terrebonne Commercial District is intended within an enclosed building. to allow a range of commercial and limited e. Residential use in the same building industrial uses to serve the community and as a use permitted by DCC surrounding rural area. 18.66.040(B)(1). A. Permitted Uses. The following uses and their 2. Any of the uses allowed under DCC accessory uses are permitted outright and do 18.66.040 proposing to occupy more than not require site plan review: 4,000 square feet of floor area in a 1. Single-family dwelling or two-family on building or buildings, subject to a lot or parcel existing on June 4, 1997. provisions of DCC 18.66.040(E). 2. Manufactured home on a lot or parcel C. Conditional Uses. The following uses and existing on June 4, 1997, subject to DCC their accessory uses are permitted subject to 18.116.070. the applicable provisions of DCC 18.66, 3. Type 1 Home Occupation, subject to 18.116, 18.124 and 18.128: DCC 18.116.280. 1. Motel, with a maximum of 35 units, only a. is eafried eft witlin a dwelling e* if served by a community sewer system by faem efs of the f ri fil y who r si as defined in OAR 660-22-010(2). in th�; 2. Recreational vehicle park. n. Does net sefve elients er-euteeRB 3. Church. en site; 4. Type 2 or Type 3 Home Occupation, e. Dees net pfaduee odor-, dust, , subject to DCC 18.116.280.Home Tarr d. Dees net eeeup7iner-e then --23 eeeiipafien as defined 18.04. 5. Public or private school. per -e&4 e€ the fleer- area --ef the 6. Child care center. dwelling 7. Park. e. Dees net inelude the on pr-ew�ses 8. Public or semi-public building. display or- sale e fst ek i trade 9. Medical center in a building or buildings 4. Class I and 11 road or street project not exceeding 4,000 square feet of floor subject to approval as part of a land space. partition, subdivision or subject to the 10. Utility facility. standards of DCC 18.66.070 and 11. Water supply or treatment facility. 18.116.230. 12. Vehicle and trailer sales, service, repair 5. Class III road or street project. or rental in a building or buildings not 6. Operation, maintenance, and piping of exceeding 4,000 square feet of floor existing irrigation systems operated by an space. Irrigation District except as provided in 13. Uses listed below carried on in a building DCC 18.120.050. or buildings not exceeding 4,000 square B. Uses Permitted Subject to Site Plan Review. feet of floor space with no exterior The following uses and their accessory uses displays or storage of industrial are permitted subject to the applicable equipment, industrial vehicles or provisions of DCC 18.66, 18.116 and industrial products: 18.1248: a. Manufacturing and production. 1. A building or buildings not exceeding b. Wholesale sales. 4,000 square feet of floor space to be c. Mini -storage. used by any combination of the following 12. Wireless telecommunications facilities, except those facilities meeting the uses: a. Retail or service business. requirements of DCC 18.116.250(A) or b. Eating or drinking establishment. (B)15. c. Offices. Surface mining of mineral and aggregate resources in conjunction with the PAGE 1 of 3 - EXHIBIT "O" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "O" operation and maintenance of irrigation to all new commercial buildings in the systems operated by an Irrigation TeC District except those containing uses District, including the excavation and listed in DCC 18.66.040(C)(13). The mining for facilities, ponds, reservoirs, provisions of DCC 18.124 also apply. and the off-site use, storage, and sale of a. The window area shall equal at least excavated material. 50 percent of the length and 25 D. Use Limitations. The following use percent of the height of the ground limitations shall apply to the uses listed in level wall area. Ground level wall DCC 18.66.040(B) and (C). area includes all exterior wall area up 1. Sewer and Water Requirements. to nine feet above the finished grade. Applicant must obtain approval for an The window requirement applies to on-site sewage disposal system, or if the ground level of exterior building applicable, obtain a Department of walls that abut sidewalks or roads. Environmental Quality (DEQ) Waste b. Required window areas shall be Water Pollution Control Facility (WPCF) windows that allow views into either permit before approval or as condition of working areas, lobbies, pedestrian approval of the land use permit. entrances or display windows. 2. The County shall notify the Terrebonne G. Lot Requirements. Minimum size Domestic Water District of land use requirements for this district will be actions made under DCC 18.66. determined by spatial requirements for on - E. Requirements for Large Scale Uses. site sewage disposal, required landscaped 1. All uses listed in DCC 18.66.040(B) and areas and off-street parking. No lot or parcel 18.66.040(C)(9) may have a total shall be created of less than a minimum of building floor area exceeding 4,000 10,000 square feet. square feet if the Planning Director or H. Dimensional Standards. Hearings Body finds: 1. Lot Coverage. No lot coverage a. The use is intended to serve the requirements, provided spatial community and surrounding rural requirements for parking, sewage area or the travel needs of people disposal and landscaping are satisfied. passing through the area; I. Yard Standards. b. The use will primarily employ a 1. Front Yard. The front yard shall be a work force from the community and maximum of 15 feet, except as otherwise surrounding rural area; and allowed by DCC 18.124.070(C)(3)(b). c. It is not practical to locate the use in The street setback for buildings may be a building or buildings with floor reduced, but not increased, to the average area of 4,000 square feet or less. building setback distance of existing 2. For purposes of DCC 18.66.040, the buildings on adjoining lots. surrounding rural area includes the area 2. Side Yard. No requirement, subject to described by the Terrebonne zip code, DCC 18.66.040(1)(4). which extends south to the boundary of 3. Rear Yard. No specific requirements, the Redmond zip code, west to the subject to DCC 18.66.040(H)(4). boundary of the Sisters zip code, east into 4. Exceptions to Yard Standards. Crook County to the boundary of the a. Lot line adjacent to a residential Prineville zip code and north into district. Any new structure requiring Jefferson County to include Crooked a building permit sited on a lot River Ranch. adjacent to a residential district shall F. Design Standards. be set back a minimum of 15 feet 1. Ground Floor Windows. The following from the common property line. The criteria for ground floor windows apply required yard shall be increased by PAGE 2 of 3 - EXHIBIT "O" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "O" one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any new structure requiring a building permit on a lot or parcel adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (Ord. 2004-002 § 15, 2004; Ord. 97-063 § 3, 1997; Ord. 97-003 § 2, 1997) PAGE 3 of 3 - EXHIBIT "O" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "P" 18.66.050. Commercial -rural (TeCR) district. The Terrebonne Commercial -Rural District allows a mix of commercial and industrial uses common to a farming community. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280.Heme eeeepation 0wA- a. . nthe e_ ;;. Dees net sefve eliefAs ereustemefs en site; flas" lights or- neise; d. Dees not eeeupy fner-e than dwelling; and display or- sale ef steek in t 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 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. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.124: 1. A building or buildings not exceeding 4,000 square feet of floor space to be occupied by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Office. d. Residential use in the same building as a use listed in DCC 18.66.050. 2. Any of the uses listed under DCC 18.66.050(B) proposing to occupy more than 4,000 square feet of floor area in a building or buildings, subject to provisions of DCC 18.66.050(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Church. 2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280.Hefne eeeupatien as defined in DGG 18.04. 3. Park. 4. Public or semi-public building. 5. Utility facility. 6. Water supply or treatment facility. 7. Vehicle and trailer sales, service, repair and rental in a building or buildings not exceeding 4,000 square feet of floor area. 8. Uses listed below carried on in a building or buildings not exceeding 10,000 square feet of floor space to be occupied by any combination of the following uses: a. Manufacturing or production. b. Wholesale sales. c. Mini -storage. d. Truck terminal. e. Farm or contractor equipment storage, sales, service or repair. f. Uses that require proximity to rural resources, as defined in OAR 660- 04-022- (3)(a). 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B)• 10. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.66.050(B) and (C). 1. Sewer and Water Requirements. PAGE 1 of 3 - EXHIBIT "P" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "P" a. Applicant must obtain approval for and level of service of the affected an on-site sewage disposal system, or transportation facility. if applicable, obtain a Department of b. All parking demand generated by Environmental Quality (DEQ) Waste uses permitted by DCC 18.66 shall Water Pollution Control Facility be accommodated entirely on the (WPCF) permit before approval or as premises. condition of approval of the land use c. Site design shall not require backing permit. of traffic onto a public or private b. The County shall notify the road right-of-way. Terrebonne Domestic Water District 4. Additional Requirements. As a condition of land use actions made under DCC of approval of any use proposed, the 18.66. Planning Director or Hearings Body may 2. Compatibility. require: a. Any use on a lot adjacent to a a. An increased setback requirement. residential district shall not emit b. Additional off-street parking and odor, dust, fumes, glare, flashing loading facilities. lights, noise, or similar disturbances c. Limitations on signs, lighting, hours perceptible without instruments more of operation and points of ingress than 200 feet in the direction of the and egress. affected residential lot. d. Additional landscaped buffering and b. Any use expected to generate more screening improvements. than 50 truck -trailer, contractors E. Requirements for Large Scale Uses. and/or farm heavy equipment trips 1. All uses listed in DCC 18.66.050(B) may per day to and from the subject be allowed to occupy a total floor area property shall not locate on a lot or exceeding 4,000 square feet if the parcel adjacent to or across a local or Planning Director or Hearings Body collector road from a lot or parcel in finds: a residential district. a. The use is intended to serve the c. No use shall be permitted that has community and surrounding rural been declared a nuisance by state area or the traveling needs of people statute, County ordinance or a court s passing through the area; of competent jurisdiction. b . The use will primarily employ a d. No use requiring an air containment work force from the community and discharge permit shall be approved surrounding rural area; and by the Planning Director or Hearings c. .practical to contain the It is not Body before review by the applicable proposed use within 4,000 square state or federal permit -reviewing feet of floor area. authority. Such uses shall not be . his provision does not apply to uses 2 T located adjacent to or across a local listed in DCC 18.66.0�0(C)(8). or collector road from a lot or parcel 3. For purposes of DCC 18.66.050(E), the in a residential district. surrounding rural area described by the 3. Traffic and Parking. Terrebonne zip code, which extends a. A use that generates more than 20 south to the boundary of the Redmond auto or truck trips during the peak a zip code, west to the boundary of the hour of the day to and from the Sisters zip code, east into Crook County premises shall document with facts to the boundary of the Prineville zip code that the affected transportation and north into Jefferson County to facilities are adequate to serve the include Crooked River Ranch. proposed use, considering the functional classification, capacity F. Design Standards. Ground Floor Windows. The following criteria for ground floor PAGE 2 of 3 - EXHIBIT "P" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "P" windows apply to all new commercial a. Lot line adjacent to a residential buildings in the TeCR District except those zone. For all new structures containing uses listed in DCC requiring a building permit on a lot 18.66.050(0)(8). The provisions of DCC adjacent to a residential district, the 18.124 also apply. setback shall be a minimum of 15 1. The window area shall be at least 50 feet. The required yard will be percent of the length of the ground level increased by one foot for each foot wall area and 25 percent of height of the by which the building height exceeds ground level wall area. Ground level 20 feet. wall area includes all exterior wall area b. Lot line adjacent to an EFU zone. up to nine feet above the finished grade. Any structure requiring a building The window requirement applies to the permit on a lot adjacent to EFU- ground level of exterior building walls zoned land that is receiving special that abut sidewalks or roads. assessment for farm use, shall be set 2. Required window areas shall be windows back a minimum of 100 feet from the that allow views into either working common property line. areas, lobbies, pedestrian entrances or (Ord. 2004-002 § 16, 2004; Ord. 2001-039 § 7, display windows. 2001; Ord. 2001-016 § 2, 2001; Ord. 97-003 § 2, G. Lot Requirements. No lot shall be created 1997) less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal, required landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 2. No use listed in DCC 18.66.050(C)(8) that is located adjacent to or across a local or collector road from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage or off-street parking and loading areas. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(C)(3)(b). The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.66.050(1)(4). 3. Rear Yard. No specific requirement, subject to DCC 18.66.050(I)(4). 4. Exceptions to Yard Standards. PAGE 3 of 3 - EXHIBIT "P" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "Q" 18.67.020. Residential (TuR) district. The Tumalo Residential (TuR) District allows a mixture of housing types and densities suited to the level of available water and sewer facilities. The purpose of this district is to allow new residential development that is compatible with the rural character of the area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling, or a manufactured home subject to DCC 18.116.070. 2. Two-family dwelling. 3. Type 1 Home Occupation, subject to DCC 18.116.280. . a. is eanied en widin a dwelling e* by members ef the fiffnily who r-esid in the dwelhng, b. Does net sen,e eliep s of eusten}er-s ensile; e. Dees Ret preduee eder-, dust, , flashing ligMs or- fleise; d. Does net eeetipy more than pereei# of thefleerarea of t did e. Dees not iavelw the on pirtmise displey a ..le o f sleek i t le 4. Agricultural uses as defined in DCC Title 18, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total number of such animals over the age of six months is limited to one for each 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals, provided that the total number of such animals over the age of six months does not exceed one for each 500 square feet of property. 5. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 6. Class III road or street project. 7. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116, 18.124, and 18.128: 1. Multi -family dwelling complex. 2. Retirement center or nursing home. 3. Church. 4. Cemetery. 5. Tvpe 2 or Tvpe 3 Home Occupation. subject to DCC 18.116.280.1Ieree eeeepatien as defined in DCC 18.04. 6. Child care center. 7. Public or private school. 8. Park. 9. Public or semi-public building. 10. Utility facility. 11. Water supply or treatment facility. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B)• 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. C. Lot Requirements. 1. Partitions: a. Subject to the provisions of DCC 17.36.170(A), parcels not served by an approved community, non- community or municipal water system shall have a minimum width of 150 feet with a minimum parcel size of one acre. b. Subject to DCC 17.36.170(A), parcels served by an approved community, non -community, municipal or public water system, shall have a minimum parcel size as follows: 1. For a single-family dwelling the parcel shall have a minimum width of 100 feet and a PAGE 1 of 2 - EXHIBIT "Q" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "Q" minimum parcel size of 22,000 square feet. 2. For a two-family dwelling the parcel shall have a minimum width of 100 feet and a minimum parcel size of 33,000 square feet. Subdivisions: a. For subdivisions involving multi- family dwellings, a manufactured home park or a retirement home, all new lots shall be connected to a DEQ -permitted Wastewater Pollution Control Facility. b. For subdivisions involving only single-family and two-family dwellings the standards set forth in DCC 18.67.020(C)(1) shall apply. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-of-way, 30 feet for a property fronting on a collector right-of-way and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.67.020(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subj ect to DCC 18.67.020(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot or parcel contiguous to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (Ord. 2004-002 § 17, 2004; Ord. 2001-039 § 8, 2001; Ord. 2001-016 § 2, 2001; Ord. 97-063 § 3, 1997; Ord. 97-033 § 2, 1997) PAGE 2 of 2 - EXHIBIT "Q" TO ORDINANCE 2004-002 (1/28/04) 18.67.030. Residential -5 acre minimum (TuRS) District. The purpose of the Tumalo Residential -5 Acre Minimum District is to retain large rural residential lots. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or a manufactured home subject to DCC 18.116.070. 2. Type 1 Home Occupation, subject to DCC 18.116.280. . 3. 4. 1.1 thedwelling; b. Does not serve—eliepAs or- eestereer-s erisite; flashing ligMs or- noise; ,7 Does net eeeupy a ♦1.a 25 e of the fleer- afea ef the dwelling; —and e. Dees net iiwelve the en prvw4w Agricultural uses as defined in DCC 18.04, involving: a. Keeping of cows, horses, goats, sheep or similar farm animals, provided that the total numbers of such animals over the age of six months is limited to the square footage of the lot or parcel divided by 20,000 square feet. b. Keeping of chickens, fowl, rabbits or similar farm animals over the age of six months, provided that the total numbers of such animals does not exceed one for each 500 square feet of property. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. Class III road or street project. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Church. 2. Type 2 or Type 3 Home Occu ap tion, subject to DCC 18.116.280.Home eeeepution as defined in DGC 18.04. 3. Public or private school. 4. Child care center. 5. Park. 6. Public or semi-public building. 7. Utility facility. 8. Water supply or treatment facility. 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B)• 10. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. C. Lot Requirements. The minimum lot or parcel size in the TuR5 District is five acres. D. Yard Standards. 1. Front Yard. The front yard shall be 20 feet for a property fronting on a local street right-of-way, 30 feet for a property fronting on a collector right-of-way, and 80 feet for a property fronting on an arterial right-of-way. 2. Side Yard. A side yard shall be a minimum of five feet and the sum of the two side yards shall be a minimum of 15 feet, subject to DCC 18.67.030(D)(4). 3. Rear Yard. The minimum rear yard shall be 20 feet, subj ect to DCC 18.67.030(D)(4). 4. Exception to Yard Standards. Any new structure requiring a building permit on a lot adjacent to EFU-zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (Ord. 2004-002 § 18, 2004; Ord. 2001-039 § 8, 2001; Ord. 2001-016 § 2, 2001; Ord. 2000-033 § 11, 2000; Ord. 97-063 § 3, 1997; Ord. 97-033 § 2, 1997 ) PAGE 1 of 1 - EXHIBIT "R" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "S" 18.67.040. Commercial (TuC) district. 4,000 square feet of floor area in a The Tumalo Commercial District is intended to building subject to the provisions of DCC allow a range of limited commercial and 18.67.040(E). industrial uses to serve the community and C. Conditional Uses. The following uses and surrounding area. their accessory uses are permitted subject to A. Permitted Uses. The following uses and their the applicable provisions of DCC 18.116, accessory uses are permitted outright and do 18.124, and 18.128: not require site plan review. 1. Church. 1. Single-family dwelling or duplex. 2. Bed and breakfast inn. 2. Manufactured home subject to DCC 3. Child care center. 18.116.070. 4. Type 2 or Type 3 Home Occupation, 3. Type 1 Home Occupation, subject to subject to DCC 18.116.280.Hofne DCC 18.116.280.Home eeeupatien tha4-. eeeepatien as defined in 18 a. is eaffied on within a dwellifig by 5. Park. members of the f wAly whe reside ' 6. Public or semi-public building. theme; 7. Utility facility. b. Deesnot erve -eli, 8. Water supply or treatment facility. eesite; 9. Manufactured home/RV park on a parcel in use as a manufactured home park or _"as" ligw . "; recreational vehicle park prior to the d. Does -not —eeeepy -me~" than adoption of PL -15 in 1979 and being pefeem of the fleer- e&ea--ftp operated as of June 12, 1996 as a did manufactured home park or recreational e. Dees not -inelude-the " vehicle park, including any expansion of display " ale of ste k in `w '" such uses on the same parcel as 4. Class I and 1I road or street project configured on June 12, 1996. subject to approval as part of a land 10. The following uses and their accessory partition, subdivision or subject to the uses may be conducted in a building or standards of DCC 18.67.060 and buildings not to exceed 4,000 square feet 18.116.230. of floor space. 5. Class III road or street project. a. Farm equipment, sales, service or 6. Operation, maintenance, and piping of repair. existing irrigation systems operated by an b. Trailer sales, service or repair. Irrigation District except as provided in c. Vehicle service or repair. DCC 18.120.050. d. Veterinary clinic. B. Uses Permitted, Subject to Site Plan Review. 11. The following uses may be conducted in The following uses and their accessory uses a building or buildings not to exceed are permitted subject to the applicable 10,000 square feet of floor space: provisions of DCC 18.67, 18.116 and 18.124: a. Manufacturing or production. 1. A building or buildings, none of which b. Wholesale sales. exceeds 4,000 square feet of floor space 12. Wireless telecommunications facilities, to be used by any combination of the except those facilities meeting the following uses: requirements of DCC 18.116.250(A) or a. Retail or service business. (B)• b. Eating and/or drinking establishment. 13. Surface mining of mineral and aggregate c. Offices. resources in conjunction with the d. Residential use in the same building operation and maintenance of irrigation as a use permitted in DCC 18.67.040. systems operated by an Irrigation 2. Any of the uses listed under DCC District, including the excavation and 18.67.040 proposing to occupy more than mining for facilities, ponds, reservoirs, PAGE 1 of 3 - EXHIBIT "S" TO ORDINANCE 2003-003 (1/28/04) EXHIBIT "S" and the off-site use, storage, and sale of excavated material. D. Use Limitations. The following use limitations shall apply to the uses listed in DCC 18.67.040(C)(11). 1. Compatibility. a. Any use expected to generate more than 50 truck -trailer and/or heavy equipment trips per day to and from the subject property shall not be permitted to locate on a lot or parcel adjacent to or across a local or collector street from a lot or parcel in a residential district. 2. Traffic and Parking. a. A use that generates more than 20 auto or truck trips during the peak hour of the day to and from the premises shall document with facts that the affected transportation facilities are adequate to serve the proposed use, considering the functional classification, capacity and level of service of the affected transportation facility. b. All parking demand generated by uses permitted by DCC 18.67 shall be accommodated entirely on the premises. E. Requirements for Large Scale Uses. 1. All uses listed in DCC 18.67.040(B) may have a total floor area exceeding 4,000 square feet but not greater than 10,000 square feet if the Planning Director or Hearings Body finds: a. The use is intended to serve the community and surrounding rural area or the traveling needs of people passing through the area; b. The use will primarily employ a work force from the community and surrounding rural area; and c. It is not practical to contain the proposed use within 4,000 square feet of the floor area. 2. This provision does not apply to uses listed in DCC 18.67.040(C)(10). 3. For the purposes of DCC 18.67.040, the surrounding rural area is described as the following: extending north to the Township boundary between Townships 15 and 16; extending west to the boundary of the public lands managed by the U.S. Forest Service in T16S-R11E; extending south to the south section lines of T17S-R12E sections 4,5,6 and T17S- R11E sections 1,2,3; and extending east to Highway 97. F. Design Standards. Ground Floor Windows. The following criteria for ground floor windows apply to new buildings in the TuC district except those uses listed in DCC 18.67.040(C)(10) and any residential use. The provisions of DCC 18.124 also apply. 1. The windows must be at least 50 percent of the length of the ground level wall area and 25 percent of height of the ground level wall area. Ground level wall area includes all exterior wall area up to nine feet above the finished grade. The window requirement applies to the ground level of exterior building walls which abut sidewalks or streets. 2. Required window areas shall be either windows that allow views into working areas, lobbies, pedestrian entrances or display windows. G. Lot Requirements. No lot shall be created having less than a minimum of 10,000 square feet. Lot requirements for this district shall be determined by spatial requirements for sewage disposal, required landscaped areas and off-street parking. H. Dimensional Standards. 1. Lot Coverage: No lot coverage requirements, provided spatial requirements for parking, sewage disposal and landscaping are satisfied. 2. No use listed in DCC 18.67.040(C)(10) that is located adjacent to or across a local or collector from a lot or parcel in a residential district shall exceed 70 percent lot coverage by all buildings, outside storage, or off-street parking and loading areas. I. Yard Standards. 1. Front Yard. The front yard shall be a maximum of 15 feet, except as otherwise allowed by DCC 18.124.070(C)(3)(b). PAGE 2 of 3 - EXHIBIT "S" TO ORDINANCE 2003-003 (1/28/04) EXHIBIT "S" The street setback for buildings may be reduced, but not increased, to the average building setback distance of existing buildings on adjoining lots. 2. Side Yard. No requirement, subject to DCC 18.67.040(1)(4). 3. Rear Yard. No specific requirement, subject to DCC 18.67.040 (1)(4). 4. Exceptions to Yard Standards. a. Lot line adjacent to a residential zone. For all new structures or substantial alteration of a structure requiring a building permit on a lot adjacent to a residential district, the setback shall be a minimum of 15 feet. The required yard will be increased by one foot for each foot by which the building height exceeds 20 feet. b. Lot line adjacent to an EFU zone. Any structure requiring a building permit on a lot adjacent to EFU- zoned land that is receiving special assessment for farm use shall be set back a minimum of 100 feet from the common property line. (Ord. 2004-002 § 19, 2004; Ord. 2001-039 § 8, 2001; Ord. 2001-016 § 2, 2001; Ord. 2000-033 § 11, 2000; Ord. 97-063 § 3, 1997; Ord. 97-033 § 2, 1997 ) PAGE 3 of 3 - EXHIBIT "S" TO ORDINANCE 2003-003 (1/28/04) EXHIBIT "T" 18.74.020. Uses permitted. h. Antique, art, craft, novelty and A. Uses Permitted Outright. The following uses second hand sales if conducted and their accessory uses are permitted completely within an enclosed outright and do not require site plan review: building. 1. Single-family dwelling. 2. Expansion of a nonconforming use listed 2. Manufactured home subject to DCC under section B(1)(a-h), existing as of 18.116.070. 11/05/2002, the date this chapter was 3. Two-family dwelling. adopted, shall be limited to 2,500 square 4. Type 1 Home Occupation, subject to feet or 25 percent of the size of the DCC 18.116.280.Heme eeeepatien that- building as of said date, whichever is a. is eaffied en wi"n a dwelling e* greater. by „ _ the c 3. A building or buildings not exceeding mbe„„ of mdly who sid in the 3,500 square feet of floor space to be w does -�sefve el-iexts ereustexiffs- used by any combination of the following uses. ell site; ' a. Retail sales of agricultural or farm flashing ligMs or- noise; products. b. Farm machinery sales and repair. the ager C. Kennel. pereent of �"r`��� d��d d. Veterinary clinic. e. Automobile service station and repair display o ale of steek in t, adt garage, towing service, fuel storage 5. Agricultural uses. and sales. 6. Class I and II road or street project f. Public or semi-public use. subject to approval as part of a land g• Residential use in the same building partition or subdivision, or subject to the as a use permitted by this chapter. standards and criteria established in DCC h. Park or playground. 18.116.230. 4. Expansion of a nonconforming use listed 7. Class III road or street project. under section B(3)(a-h), existing as of 8. A lawfully established use existing as of 11/05/2002, the date this chapter was 11/05/02, the date this chapter was adopted, shall be limited to 3;500 square adopted, not otherwise permitted by this feet or 25 percent of the size of the chapter. building as of said date, whichever is greater. B. Uses Permitted Subject to Site Plan Review. C. Conditional Uses. The following uses and The following uses and their accessory uses are permitted subject to the applicable their accessory uses are permitted subject to provisions of this chapter and DCC 18.116 the applicable provisions of this chapter and and 18.128: DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 1. A building or buildings not exceeding 2,500 square feet of floor space to be 3,500 square feet of floor space to be used by any combination of the following used by any combination of the following uses. a. Restaurant, cafe or delicatessen. uses. a. Type 2 or Type 3 Home Occupation, b. Grocery store. subject to DCC 18.116.280.Ie i o c. Tavern. d. Retail sporting goods and guide eee��t-ie� defined DDG in-��� 04 b. Utility facility. c. Wireless telecommunications services. e. Barber and beauty shop. facilities, except those facilities f. General store. meeting the requirements of DCC g. Video store. 18.116.250(A) or (B). PAGE 1 of 2 - EXHIBIT "T" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "T" d. Child care center. e. Church. f. School. 2. Recreational vehicle park (Ord. 2004-002 § 20, 2004; Ord. 2002-019 § 2, 2002) PAGE 2 of 2 - EXHIBIT "T" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "U" 18.108.030. Single Family Residential - RS District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Single-family dwelling, including one private garage for each dwelling unit. 2. Recreational path. 3. Type 1 Home Occupation, subject to DCC 18.116.280. B. Conditional Uses Permitted. The following uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Park, playground and picnic and barbecue area. 2. Fire station. 3. Library. 4. Museum. 5. Health and fitness facility. 6. Utility substations or pumping stations with no equipment storage or sewage treatment facilities. 7. Temporary subdivision sales office. 8. Community building. 9. Church. C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height, except as allowed under DCC 18.120.040. D. Lot Requirements. The following lot requirements shall be observed, provided that the Planning Director or Hearings Body may allow smaller lots approved pursuant to DCC Title 18 and consistent with the Comprehensive Plan designations for preservation of forested area or significant rock outcroppings when these lots are internal to the subdivision or after a hearing if they are located on the edge of the new plat. 1. Lot Area. Every lot shall have a minimum area of 6,000 square feet. 2. Lot Width. Every lot shall have a minimum average width of 60 feet, except that a corner lot shall be a minimum of 70 feet. 3. Frontage. Every lot shall have a minimum width at the street of 50 feet, except that on an approved cul-de-sac this may be reduced to 30 feet. 4. Front Yard. The front yard shall be a minimum of 20 feet. 5. Side Yard. A side yard shall be a minimum of five feet for structures up to 21 feet in height. All structures greater than 21 feet in height shall have a minimum side yard of 7.5 feet, including additions thereto. 6. Rear Yard. The rear yard setback for properties which do not have a common area adjoining the rear property line shall be a minimum of 25 feet. The rear yard setback is zero for properties with a rear property line which adjoins a common area that is 50 feet or greater in depth. The rear yard setback for properties which adjoin common area less than 50 feet in depth shall be calculated at six inches for every one foot less than 50 feet. The depth of the common area adjoining the rear yard shall be determined to be the average depth of the common area when measured at 90 degree angles at 10 foot intervals along the entire length of the rear property line. 7. Lot Coverage. Maximum lot coverage by buildings and structures shall be 35 percent of the lot area. (Ord. 2004-002 § 21, 2004; Ord. 98-035 § 2, 1998; Ord. 97-078 § 2, 1997) PAGE 1 OF 1 — EXHIBIT "U" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "V" 18.108.040. Multiple Family Residential - RM District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Two-family dwelling or duplex. 2. Multiple -family dwellings, apartment houses and dwelling groups including townhouses and condominiums. 3. Uses permitted outright in the RS District. 4. Planned unit developments and redevelopment. 5. Recreational path. 6. Residential home. 7. Residential facility. 8. Type 1 Home Occupation, subject to DCC 18.116.280. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit. 1. Park, playground and picnic and barbecue area. 2. Fire station. 3. Library. 4. Museum. 5. Utility substations or pumping stations with no equipment storage or sewage treatment facilities. 6. Off-street parking lots when contiguous to a less restrictive zoning district. 7. Community center. 8. Church. 9. Temporary sales office for on-site dwelling units. 10. Interval ownership and/or time-share unit or the creation thereof. 11. Health and fitness facility. C. Height Regulations. No building or structure shall be hereafter erected, enlarged or structurally altered to exceed 30 feet in height. D. Lot Requirements. The following lot requirements shall be observed: 1. Duplexes, threeplexes and fourplexes: a. Lot Area. Every lot shall have a minimum area of 5,000 square feet for the first dwelling unit, plus the following minimum land area based upon the number of bedrooms per additional dwelling unit in the following table: Studio or Efficiency 750 sq. ft. 1 Bedroom 1,000 sq. ft. 2 Bedrooms 1,500 sq. ft. 3 Bedrooms 2,250 sq. ft. 4 Bedrooms 2,500 sq. ft. The overall density shall not exceed eight dwelling units per acre. b. Lot Width. Every lot shall have a minimum average width of 50 feet. c. Frontage. Every lot shall have a minimum width at the street of 50 feet, except that on an approved cul-de-sac this may be reduced to 30 feet. d. Front Yard. The front yard shall be a minimum of 10 feet. e. Side Yard. There shall be a minimum side yard of five feet and the sum of the side yards shall be a minimum of 15 feet. The side yards shall be increased by one-half foot for each foot by which the building height exceeds 15 feet. f. Rear Yard. There shall be a rear yard having a depth of not less than five feet. The rear yard shall be increased by one-half foot for each foot by which the building height exceeds 15 feet. g. Lot Coverage. Maximum lot coverage by buildings and structures shall be 40 percent of the total lot area. 2. Townhouses, condominiums, zero lot line dwellings and apartments: a. There shall be no minimum lot area for apartments, townhouses, condominium developments or planned unit developments provided, however, that the overall density shall not exceed eight dwelling units per acre. b. Setbacks. Yard setbacks, lot widths and lot coverage shall be determined at the time of site plan approval. 3. Single Family Residences. PAGE 1 OF 2 — EXHIBIT "V" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "V" a. Lot widths, yard setbacks and lot coverage shall be the same as provided in the RS District, provided that the overall density shall not exceed eight dwelling units per acre. E. Off -Street Parking. Off-street parking shall be provided for a minimum of two cars per dwelling unit. (Ord. 2004-002 § 22, 2004; Ord. 99-036 § 1, 1999; Ord. 97-078 § 2, 1997) PAGE 2 OF 2 — EXHIBIT "V" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "W" 18.108.050. Commercial - C District. B. Conditional Uses Permitted. The following A. Uses Permitted Outright. Any combination conditional uses may be permitted subject to of the following uses and their accessory uses DCC 18.128 and a conditional use permit. are permitted outright in the C district. 1. Public buildings and public utility 1. Recreational path. buildings and structures. 2. Ambulance service. 2. Club, lodge or fraternal organization. 3. Library. 3. Commercial off-street parking lot. 4. Church. 4. Bus passenger station. 5. Bus stop. 5. Interval ownership and/or time-share unit 6. Community center. or the creation thereof. 7. A building or buildings each not 6. Miniature golf. exceeding 8,000 square feet of floor 7. Bed and breakfast inn. space housing any combination of 8. Inn' a. Retail/rental store, office and service 9. Residential facility. establishment. 10. A building or buildings each not b. Art galleries exceeding 8,000 square feet of floor c. Dry cleaner and/or self-service space housing any combination of. laundry establishment. a. Bowling alley. d. Radio and television sales and b. Car wash. service. c. Dancing or music school, nursery e. Radio and television broadcasting school, kindergarten and day-care studios and facilities, except towers. facility. f. Restaurant, bar and cocktail lounge, d. Theater exceeding 4,000 square feet including entertainment. in floor area. g. Automobile service station. e. Veterinary clinic or kennel operated h. Technical and business school. entirely within an enclosed building. i. Catering establishment. f. Automotive repair and maintenance j. Crafts in conjunction with retail sales garage, or tire store, provided the (occurring on premises, such as business is wholly conducted within stained glass/pottery, etc.). an enclosed building. k. Medical and dental clinic, office and C. Use Limits. laboratory. 1. Multiple -family residential dwelling 1. Theater not exceeding 4,000 square units, allowed on the nine acres vacant as feet of floor area. of December 31, 1997 in the C District, 8. Multiple -family residential dwelling shall be subject to the provisions of DCC units, subject to the provisions of DCC 18.108.040(C) and (D), and the following 18.108.050(C)(1). requirements: 9. Residential dwelling units constructed in a. No dwelling unit shall have more the same building as a commercial use, than three bedrooms. subject to the provisions of DCC b. Individual dwelling units shall not 18.108.050(C)(2). exceed 2,250 square feet of habitable 10. Post Office. floor area. 11. Administrative and office facility c. One off-street parking space shall be associated with a community association provided for each bedroom within or community use. each dwelling unit, with a maximum 12. Police facility. of two spaces allowed per dwelling 13. Type 1 Home Occupation, subject to unit. DCC 18.116.280. 2. Residential dwelling units constructed in the same building as a commercial use PAGE 1 OF 2 — EXHIBIT "W" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "W" developed in the C district shall be subject to the following requirements: a. Residential dwelling units shall be developed above first floor commercial use. b. No dwelling unit shall have more than two bedrooms. c. Individual dwelling units shall not exceed 850 square feet of floor area. d. One off-street parking space shall be provided for each bedroom within each dwelling unit. Uses permitted either outright or conditionally in the C District shall not involve the transport of chemicals which would present a significant hazard. D. Special Requirements for Large Scale Uses. Any of the uses listed in DCC 18.108.050(A)(7) or DCC 18.108.050(B)(10) 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. 4. Front Yard. The front yards shall be a minimum of 10 feet. 5. Side Yard. None, except when a side lot line is adjoining a lot in an RS or RM District, and then the side yard shall be a minimum of 10 feet. The required side yards shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 6. Rear Yard. None, except when a rear lot line is adjoining a lot in an RS or RM District, and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. 7. Lot Coverage. No requirements. (Ord. 2004-002 § 23, 2004; Ord. 2003-026 § 1, 2003; Ord. 98-016 § 1, 1998; Ord. 97-078 § 2, 1997) PAGE 2 OF 2 — EXHIBIT "W" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "X" 18.116.280. Home Occupations. A. Uses Permitted Outright. 1. Home occupations that operate from within a dwelling, have characteristics that are indistinguishable from the residential use of a dwelling, and meet the criteria in paragraph (A)(2) shall be considered uses accessory to the residential use of a dwelling. 2. Home occupations under this subsection (A) that meet the following criteria are uses permitted outright under Title 18 of the Deschuts County Code, the Deschutes County Zoning Ordinance, in all zones: a. Are carried on within a dwelling only by residents of the dwelling; b. Do not serve clients or customers on-site; c. Do not occupy more than 25 percent of the floor area of the dwelling; d. Do not have operating characteristics that produce odor, dust, glare, flashing lights or noise that are detectable off-site, and; e. Do not include the on -premise advertisement, display or sale of stock in trade. B. Types. The following describes the types of home occupations allowed in Deschutes County: Type 1. Where permitted outright, a Type 1 home occupation shall be subject to the following limitations. A Type 1 home occupation is one that: a. Is carried on within a dwelling and/or a residential accessory structure only by members of the family who reside in the dwelling; b. Does not generate more than five (5) trips per day to the site, including parcel delivery services; c. May include employees or contractors that work off-site; d. Does not produce odor, dust, glare, flashing lights or noise; e. Does not involve the on -premise display or sale of stock in trade, and; f. Does not involve the use of a sign to advertise the location of the home occupation. 2. Type 2. Type 2 home occupations may be allowed as conditional uses with an approved conditional use permit. Such uses are subject to the standards of the zone in which the home occupation will be established and the following criteria. A Type 2 home occupation is not subject to the approval criteria for a conditional use permit in DCC Chapter 18.128 or site plan review under DCC Chapter 18.124. A Type 2 home occupation is one that: a. Is conducted from a property that is at least one-half (1/2) acre in size. b. Is carried on within a dwelling and/or an accessory building by residents of the dwelling and no more than two (2) employees who report to the property for work. c. Does not occupy more than 25 percent of the combined floor area of the dwelling, including attached garage, and one (1). accessory building. The maximum amount of floor area that can be devoted to a Type 2 home occupation is 1,500 square feet. d. Includes on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. e. Creates no more than ten (10) business-related vehicle trips to the site per day by employees, customers or clients. f. Has adequate access and parking for employees and customers. g. Is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, for operation. h. Does not involve any external changes to the dwelling or the accessory building in which the home occupation will be established that would give any building an outward appearance of a business. PAGE 1 OF 3 — EXHIBIT "X" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "X" Any structure on the property where n. The following uses are not allowed the home occupation is conducted as Type 2 home occupations: shall be of a type normally i. Repair, towing, or storage of associated with the zone where it is motorized vehicles and located. No structural alterations equipment, including but not affecting the residential appearance limited to automobiles, trucks, of a building shall be allowed to trailers, recreational vehicles, accommodate the home occupation and boats. except when otherwise required by ii. Detailing, painting, and law, and, then, only after the plans upholstery of motorized for such alterations have been vehicles. reviewed and approved by the iii. Businesses that store and use Deschutes County Planning vehicles with a gross vehicle Division. weight rating of greater than or i. Does not use materials or equal to 15,000 pounds or mechanical equipment which will be equipment with an operating detrimental to the residential use of weight greater than or equal to the property or adjoining residences 3,000 pounds. because of vibration, noise, dust, iv. Appliance repair. smoke, odor, light, interference with v. Welding or machine shop. radio or television reception or other factors. 3. Type 3. Type 3 home occupations may j. Complies with all requirements of be allowed as conditional uses with an the Deschutes County Building approved conditional use permit. Such Safety Division and the uses are subject to the standards of the Environmental Health Division and zone in which the home occupation will any other applicable state or federal be established, the applicable provisions laws. Compliance with the of DCC Chapter 18.128, and the requirements of the Deschutes following limitations. A Type 3 home County Building Safety Division occupation is not subject to site plan shall include meeting all building review under DCC Chapter 18.124. A occupancy classification Type 3 home occupation is one that: requirements of the state -adopted a. Is conducted in such a way that it is building code. compatible with the residential k. May have one (1) sign, ground- character, or in resource zones, mounted or wall -mounted, as resource -oriented character of its defined in DCC Chapter 15.08, that location. is no more than three (3) square feet b. Is carried on within a dwelling in area, non -illuminated, and located and/or an accessory building by on the property from which home members of the family who reside in occupation will operate. Such signs the dwelling and no more than two do not require a sign permit under (2) employees who report to the DCC Chapter 15.08, Signs. property for work. A home 1. May be subject to an annual occupation proposed on property inspection, as a condition of an that is located in an EFU, Forest, approval, to ensure compliance with MUA10, or RR10 Zone and that is the conditions of an approved at least 10 acres in size may have conditional use permit. not more than five (5) employees m. May not include outside storage of who report to the property for work. equipment or materials used in c. Does not occupy more than 35 operation of the home occupation. percent of the combined floor area of the dwelling, including an PAGE 2 OF 3 — EXHIBIT "X" TO ORDINANCE 2004-002 (1/28/04) EXHIBIT "X" PAGE 3 OF 3 — EXHIBIT "X" TO ORDINANCE 2404-002 (1/28/04) attached garage, and one (1) or television reception or other accessory building. factors. d. Includes on-site sales of products j. Complies with all requirements of associated with the home occupation the Deschutes County Building that are incidental and subordinate Safety Division and the to the home occupation. Environmental Health Division and e. Creates traffic that will not be of a any other applicable state or federal volume or frequency that will cause laws. Compliance with the disturbance or inconvenience to requirements of the Deschutes nearby land uses. A Type 3 home County Building Safety Division occupation can create no more than shall include meeting all building twenty (20) business-related vehicle occupancy classification trips to the site per day by requirements of the state -adopted employees, customers or clients. building code. f. Has adequate access and parking for k. May have one (1) sign, ground - employees and customers. Vehicles mounted or wall -mounted, as used by the operator to conduct the defined in DCC Chapter 15.08, that home occupation that have a gross is no more than three (3) square feet vehicle weight of 15,000 or more in area, non -illuminated, and located pounds must be parked in a garage, on the property from which home a detached building, or screened occupation will operate. Such signs according to the requirements of do not require a sign permit under DCC 18.116.280(B)(3)(1)(i) through DCC Chapter 15.08, Signs. (v). 1. May include outside storage of g. Is limited to the hours and days of equipment and materials if the operation proposed by an applicant subject property is 10 or more acres and approved with a conditional use in size and the applicant shows that permit. adequate setbacks, screening and/or h. Does not involve any external buffering are provided, and will be changes to the dwelling in which the maintained, to screen materials and home occupation will be established equipment from adjacent properties. that would give the dwelling an The form of screening may include, outward appearance of a business. but is not limited to: Any structure on the property where i. A sight -obscuring fence, as the home occupation is conducted defined by this title. shall be of a type normally ii. Intervening mature tree associated with the zone where it is cover. located. No structural alterations iii. Topography. affecting the residential appearance iv. Existing buildings on site. of a building shall be allowed to v. Introduced landscape accommodate the home occupation materials, including, but not except when otherwise required by limited to, trees and/or law, and then only after the plans for shrubs on an earthen berm. . such alterations have been reviewed in. The home occupation approval shall and approved by the Deschutes be reviewed every 12 months by the County Planning Division. planning division to ensure i. Does not use materials or compliance with the requirements of mechanical equipment which will be this section and the conditions detrimental to the residential use of required for approval of the use. the property or adjoining residences (Ord 2004-002 § 24, 2004) because of vibration, noise, dust, smoke, odor, interference with radio PAGE 3 OF 3 — EXHIBIT "X" TO ORDINANCE 2404-002 (1/28/04)