2004-144-Ordinance No. 2004-004 Recorded 2/26/2004REVIEWED
LEGAL COUNSEL
REVIEWED
CODE REVIEW COMMITTEE
COUNTY OFFICIAL
NANCYUTES BLANKENSHIP, COUNTY CLERKDS V �QV�-144
COMMISSIONERS' JOURNAL ,
2004-144
0111611404 01,23,20 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 21, the Sisters Urban
Area Zoning Ordinance, of the Deschutes County * ORDINANCE NO. 2004-004
Code, for the Purpose of Updating this Title, and
Declaring an Emergency.
WHEREAS, on October 14, 1998, the City of Sisters ("City") and Deschutes County ("County")
entered into an agreement for the joint management of the Urban Growth Boundary ("UGB") and the Sisters
Growth Area; and
WHEREAS, during 2003, the City held public hearings and workshops to discuss proposed language for
updating its Comprehensive Plan and implementing development code for the City's Urban Growth Boundary;
and
WHEREAS, the Deschutes County Planning Commission held a public hearing January 8, 2004 on the
proposed amendments and recommended forwarding these amendments to the Board of County Commissioners
("Board") for approval; and
WHEREAS, the Board held a public hearing on February 4, 2004 on the proposed amendments and
approved the proposed amendments attached in Exhibits A through R; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. REPEAL. DCC Chapters 21.12, 21.16, 21.20, 21.24, 21.28, 21.32, 21.40, 21.44, 21.100,
21.112, and 21.124 are hereby repealed.
Section 2. AMENDMENT. DCC Chapter 21.04, Introductory Provisions, is amended to read as set
forth in Exhibit "A," attached hereto and incorporated herein by this reference with new language underlined
and deleted language set forth in strikethrough.
Section 3. AMENDMENT. DCC Chapter 21.08, Establishment of Zones, is amended to read as set
forth in Exhibit `B," attached hereto and incorporated herein by this reference with new language underlined
and deleted language set forth in strikethrough.
Section 4. AMENDMENT. DCC, Chapter 21.36, Flood Plain Zone — FP, is amended to read as set
forth in Exhibit "C," attached hereto and incorporated herein by this reference with new language underlined
and deleted language set forth in strikethrough.
Section 5. AMENDMENT. DCC, Chapter 21.48, Urban Area Reserve Zone UAR 10, is amended to
read as set forth in Exhibit "D," attached hereto and incorporated herein by this reference with new language
underlined and deleted language set forth in strikethrough.
PAGE 1 OF 3 - ORDINANCE NO. 2004-004 (2/25/2004)
Section 6. AMENDMENT. DCC, Chapter 21.52, Airport Overlay Zone - OA, is amended to read as
set forth in Exhibit `B," attached hereto and incorporated herein by this reference with new language underlined
and deleted language set forth in strikethrough.
Section 7. AMENDMENT. DCC, Chapter 21.56, Nonconforming Uses, is amended to read as set
forth in Exhibit "F," attached hereto and incorporated herein by this reference with new language underlined and
deleted language set forth in strikethrough.
Section 8. AMENDMENT. DCC, Chapter 21.60, Conditional Use Permits, is amended to read as set
forth in Exhibit "G," attached hereto and incorporated herein by this reference with new language underlined
and deleted language set forth in strikethrough.
Section 9. AMENDMENT. DCC, Chapter 21.64, Variances, is amended to read as set forth in Exhibit
"H," attached hereto and incorporated herein by this reference with new language underlined and deleted
language set forth in strikethrough.
Section 10. AMENDMENT. DCC, Chapter 21.68, Revocation of Permits or Variances, is amended to
read as set forth in Exhibit "I," attached hereto and incorporated herein by this reference with new language
underlined and deleted language set forth in strikethrough.
Section 11. AMENDMENT. DCC, Chapter 21.72, Amendments, is amended to read as set forth in
Exhibit "J," attached hereto and incorporated herein by this reference with new language underlined and deleted
language set forth in strikethrough.
Section 12. AMENDMENT. DCC, Chapter 21
"K," attached hereto and incorporated herein by this
language set forth in strikethrough.
76, Appeals, is amended to read as set forth in Exhibit
reference with new language underlined and deleted
Section 13. AMENDMENT. DCC, Chapter 21.80, Processing Appeals, is amended to read as set forth
in Exhibit "L," attached hereto and incorporated herein by this reference with new language underlined and
deleted language set forth in strikethrough.
Section 14. AMENDMENT. DCC, Chapter 21.84, Enforcement and Penalties, is amended to read as
set forth in Exhibit "M," attached hereto and incorporated herein by this reference with new language underlined
and deleted language set forth in strikethrough.
Section 15. AMENDMENT. DCC, Chapter 21.88, Servability and Validity, is amended to read as set
forth in Exhibit "N," attached hereto and incorporated herein by this reference with new language underlined
and deleted language set forth in strikethrough.
Section 16. AMENDMENT. DCC, Chapter 21.92, Provisions Applying to Special Uses, is amended to
read as set forth in Exhibit "O," attached hereto and incorporated herein by this reference with new language
underlined and deleted language set forth in strikethrough.
Section 17. AMENDMENT. DCC, Chapter 21.96, Site Plan Approval, is amended to read as set forth
in Exhibit "P," attached hereto and incorporated herein by this reference with new language underlined and
deleted language set forth in strikethrough.
Section 18. AMENDMENT. DCC, Chapter 21.108, Off -Street Parking and Loading, is amended to
read as set forth in Exhibit "Q," attached hereto and incorporated herein by this reference with new language
underlined and deleted language set forth in strikethrough.
PAGE 2 OF 3 - ORDINANCE NO. 2004-004 (2/25/2004)
Section 19. AMENDMENT. DCC, Chapter 21.116, Drainage of Impervious Surfaces, is amended to
read as set forth in Exhibit "R," attached hereto and incorporated herein by this reference with new language
underlined and deleted language set forth in strikethrough.
Section 20. FINDINGS. The Board adopts as its own findings in support of this ordinance Exhibit "S" to
Ordinance 2004-004, attached hereto and by this reference incorporated herein.
Section 21. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
DATED thisA ' day of 22ry�'-�'�t-�- 12004.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Date of I" Reading: day of ,, 2004.
Date of 2nd Reading: ') day of 2004.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Michael M. Daly
Tom DeWolf
Dennis R. Luke ✓
Effective date: day of 2004.
FE INOWIN
'IXAU'LL ffz'j�
Recording Secretary
PAGE 3 OF 3 - ORDINANCE NO. 2004-004 (2/25/2004)
EXHIBIT "A"
Chapter 21.04. INTRODUCTORY
PROVISIONS
21.04.010.
Title.
21.04.020.
Purpose.
21.04.030.
Compliance with ordinance
provisions.
21.04.040.
Definitions.
21.04.010. Title.
This title shall be known as the "zoning
ordinance" of the Sisters Urban Area, Oregon,
defined as all areas within the Sisters Urban
Growth Boundary.
(Ord. PL -17 § 1, 1979)
21.04.020. Purpose.
A. DCC Title 21 has been designed to be
consistent with the goals, policies, programs,
elements, and statements of intent of the
Sisters Urban Area Comprehensive Plan, the
officially adopted comprehensive plan for the
City of Sisters and its surrounding urbanizing
area. The general purpose of DCC Title 21 is
to provide for one principal means for
implementation of the Sisters Urban Area
Comprehensive Plan.
B. DCC Title 21 is designed to classify,
designate and regulate the use of land within
the Sisters Urban Area Growth Boundary
outside the City of Sisters Cil, Limits. To
achieve this purpose, DCC Title 21 divides
the Sisters Unincorporated Urban Area into
appropriate zoning districts as set forth in the
policies and elements of the Sisters Urban
Area Comprehensive Plan.
C. The further purpose of DCC Title 21 policies
and elements of the Sisters Area
Comprehensive Plan, is to encourage the
most appropriate use of land; to conserve and
preserve natural resources and the quality that
is unique to Sisters, including open space for
light, air, fire prevention, and for sanitary
purposes; to prevent undue or
uncharacteristic concentrations of population;
to lessen congestion of streets; to facilitate
adequate provisions for community utilities
such as transportation, water, sewage,
schools, parks other public requirements; to
promote the public health, safety, general
welfare and to protect and enhance the visual
quality of the Sisters area.
(Ord. 2004-004 § 2, 2004; Ord. PL -17 § 2, 1979)
21.04.030. Compliance with ordinance
provisions.
Except as provided in DCC Title 21, no building
or structure shall be constructed, improved,
altered, enlarged or moved, nor shall any use of
land or occupancy of premises within the Sisters
Urban Area be commenced or changed, nor shall
condition of or upon real property be caused or
maintained, after the effective date of DCC Title
21, except in conformity with conditions
prescribed for each of the several zones
established hereunder. It shall be unlawful for
any person, firm or corporation to erect,
construct, establish, move into, alter, enlarge, or
use, or cause to be used, any building, structure,
improvement or use of premises located in any
zone in the Sisters Urban Area unless it conforms
to DCC Title 21.
(2004-004 § 2,2004; Ord. PL -17 § 3, 1979)
21.04.040. Definitions.
As used in DCC Title 21, words in the present
tense include the future; the singular number
includes the plural and plural number includes the
singular; unless the context clearly indicates the
contrary, the word "shall" is mandatory and not
discretionary; the word "may" is permissive; the
masculine gender includes the feminine and
neuter; and the term "this title" shall be deemed to
include the text of this title and accompanying
zoning maps and all amendments hereafter made
thereto. As used in this title, unless the context
requires otherwise, the words and phrases used in
DCC Title 21 are defined as set forth in DCC
21.04.040.
"Abutting" means adjoining with a common
boundary line, except that where two or more lots
adjoin only at a corner or corners, they shall not
be considered as abutting unless the common
property line between the two parcels measures
not less than eight feet in a single direction.
PAGE I of 9 - EXHIBIT "A" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "A"
"Access or access way" means the place, means,
or way by which pedestrians and vehicles shall
have safe, adequate and usable ingress and egress
to a property or use as required by DCC Title 21.
"Accessory structure or use" means a structure or
use incidental, appropriate and subordinate to the
main structure or use on the same lot.
"Adjacent" means near, close; for example, an
Industrial District across the street or highway
from a Residential District shall be considered as
"Adjacent."
"Adjoin" See "Abutting."
"Advertising structure" means any notice or
advertisement, pictorial or otherwise, and any
structure used as, or for the support of, any such
notice or advertisement, for the purpose of
making anything known about goods, services, or
activities not on the same lot as the said
advertising structure.
"Alley" means a public way not more than 20 feet
wide affording only secondary means of access to
abutting property.
"Altered" See "Structural Alteration."
"Animal hospital" means a place where animals
or pets are given medical or surgical treatment
and are cared for during the time of such
treatment. Use as a kennel shall be limited to
short -time boarding and shall be only incidental
to such hospital use.
"Apartment" means a dwelling unit is a
multiple -family building.
"Applicant" means a person applying for a
permit, rezoning or nonlegislative comprehensive
plan change.
"Applications for land use permit" means a
written application requesting a change in zoning,
conditional and nonconforming uses, variances,
subdivisions and matters relating to the
comprehensive plan and amendments to the plan.
Also included are partitions, building permits,
and subsurface sewage permits.
"Assessor" means the County Assessor of
Deschutes County.
"Automobile, boat or trailer sales lot" means an
open lot used for display, sale or rental of new or
used motor vehicles, boats or trailers in operative
condition and where no repair work is done.
"Automobile repair, major" means the general
repair, rebuilding or reconditioning of engines,
motor vehicles or trailers; collision service
including body, frame or fender straightening or
repairs; overall painting or paint shop.
"Automobile repair, minor" means upholstering
of, replacement of parts for, and motor service to
passenger cars and trucks not exceeding one and
one-half tons capacity, but not including any
operation named under "Automobile repair,
major," or any other similar operation thereto.
"Automobile service station or filling station"
means an establishment where fuels, oils or
accessories for motor vehicles are dispensed, sold
or offered for sale at retail only, and where repair
service is secondary.
"Automobile towing" means an establishment
where emergency -towing equipment is kept along
with incidental, temporary and minor storage of
vehicles and emergency repairs.
"Automobile wrecking" means the dismantling or
disassembling of motor vehicles or trailers, or the
storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles, or their
parts. Two or more dismantled, obsolete or
inoperable motor vehicles or parts thereof on one
lot shall constitute a wrecking yard.
"Basement" means a space wholly or partly
underground, and having more than one-half of
its height, measured from its floor to its ceiling,
below the average adjoining finished grade.
"Billboard" See "Advertising Structure."
PAGE 2 of 9 - EXHIBIT "A" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "A"
"Boarding or lodging house" means a dwelling or
part thereof, other than a hotel or motel or
multiple -family dwelling, where lodging with or
without meals is provided, for compensation, for
three or more persons.
"Boat yard" means a place where boats are
constructed, dismantled, stored, serviced or
repaired, including maintenance work thereon.
"Building" means any structure built and
maintained for support, shelter or enclosure of
persons, animals, chattels or property of any kind.
"Building, height" means the vertical distance
from the average contact ground level of the
building to the highest point of the building.
"Building line" means a line parallel to the front
lot line and passing through the most forward
point or plane of a building.
"Building lot" means a lot occupied or intended
to be occupied by a principal building or a group
of such buildings and accessory building, together
with such open spaces as are required by DCC
Title 21, and having the required frontage on a
street.
"Building, main" means a building within which
is conducted the principal use permitted on the
lot, as provided in DCC Title 21.
"Building Official" means the Building Official
of Deschutes County, Oregon.
"Car wash" means a lot on which motor vehicles
are washed or waxed either by the patron or
others, using machinery especially designed for
the purpose.
"Church" means a permanently located building
commonly used for religious worship, fully
enclosed with walls, (including windows and
doors), and having a roof (canvas or fabric
excluded) and conforming to applicable legal
requirements affecting design and construction.
"City" means the City of Sisters, Oregon.
"Clinic" means a place for group medical services
not involving overnight housing of patients.
"Club" means an association of persons (whether
or not incorporated), religious or otherwise, for a
common purpose, but not including groups which
are organized primarily to render a service carried
on as a business for profit.
"Community building" means a building used for
and operated by a nonprofit organization whose
membership is open to any resident of the district,
neighborhood or community in which the club is
located; provided that the primary objectives of
the organization are the improvement of the
district, neighborhood or community and its
social welfare and recreation.
"Community storage area" means a facility
established in accordance with City standards,
designed to provide for the temporary or
permanent storage of boats, campers, trailers and
similar recreational vehicles or equipment, and
serving two or more unrelated persons.
"Comprehensive plan" means the legislatively
adopted Sisters Area General Plan.
"Condominium" means a type of residential
development utilizing zero lot lines, individual
ownerships of units, and common ownership of
open space and other facilities, and which are
regulated, in part by state law (ORS 91.010 -
91.652).
"Contested case" means proceedings in which the
legal rights, duties or privileges of specific parties
under the City of Sisters Zoning Ordinance.
Subdivision Ordinance or other similar
ordinances regulating land use are required to be
determined only after a hearing at which specific
parties are entitled to appear and be heard.
"Council" means the Sisters City Council.
"County" means Deschutes County, Oregon.
"County Commission" means the Deschutes
County Board of Commissioners.
PAGE 3 of 9 - EXHIBIT "A" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "A"
"Court" means an open, unoccupied space, other
than a yard, on the same lot with a building or
group of buildings.
"Density" means the number of residential
dwelling units in a residential development,
including, but not limited to, one house on one
lot, shall be computed as follows:
The gross area of land within the development,
less the total aggregate area dedicated for streets,
schools or other public facilities, but not
including public or private parks and recreation
facilities dedicated or created as an integral part
of the development; divided by the total number
of dwelling units in the proposed development;
equals the density, shall run with the land in a
specific development and cannot be sold, loaned
or otherwise divorced or separated from the
specific development under consideration.
"District" means a portion of the Sisters Urban
Area to which certain uniform regulations of
DCC Title 21 apply.
"Dwelling" means a building or portion thereof
designed or used as the residence or sleeping
place of one or more persons.
"Dwelling, multiple -family" means a building or
portion thereof designed used as a residence by
three or more families and containing three or
more dwelling units.
"Dwelling, single-family" means building
designed or used for residence purposes by not
more than one family and containing one
dwelling unit only, except for mobile homes as
defined herein; also excluding such temporary
structure as tents, tepees, travel trailers and other
similar uses.
"Dwelling, two-family or duplex" means a
building designed or used for residence purposes
by not more than two families and containing two
dwelling units.
Dwelling unit" means one room, or a suite of two
or more rooms, designed for and used by one
family or housekeeping unit for living and
sleeping purposes, and having not more than one
kitchen or kitchenette.
"Family" means an individual, or two or more
persons related by blood, marriage, adoption, or
guardianship, living together in a dwelling unit in
which board and lodging may also be provided
for not more than two additional persons,
excluding servants; or a group of not more than
five persons who need not be related by blood,
marriage, adoption or guardianship living
together in a dwelling unit.
"Farming" means the use of land for raising and
harvesting crops or for feeding, breeding and
managing livestock or for dairying or for any
other agricultural or horticultural use, or for any
combination thereof, excluding feedlots. It
includes the disposal, by marketing or otherwise,
of products raised on the premises.
"Fence, sight obscuring" means a fence or
evergreen planting arranged in such a way as to
obstruct vision.
"Floor area" means the area included in
surrounding walls of a building or portion
thereof, exclusive of vent shafts and courts.
"Frontage" means that portion of a parcel of
property which abuts a dedicated public street or
highway or an approved private way.
"Garage, private" means an accessory building or
portion of a main building used for the parking or
temporary storage of vehicles owned or used by
occupants of the main building.
"Garage, public" means a building other than a
private garage used for the care and repair of
motor vehicles or where such vehicles are parked
or stored for compensation, hire or sale.
PAGE 4 of 9 - EXHIBIT "A" TO ORDINANCE NO. 2004-004 (2/25/04)
■
"Dwelling" means a building or portion thereof
designed or used as the residence or sleeping
place of one or more persons.
"Dwelling, multiple -family" means a building or
portion thereof designed used as a residence by
three or more families and containing three or
more dwelling units.
"Dwelling, single-family" means building
designed or used for residence purposes by not
more than one family and containing one
dwelling unit only, except for mobile homes as
defined herein; also excluding such temporary
structure as tents, tepees, travel trailers and other
similar uses.
"Dwelling, two-family or duplex" means a
building designed or used for residence purposes
by not more than two families and containing two
dwelling units.
Dwelling unit" means one room, or a suite of two
or more rooms, designed for and used by one
family or housekeeping unit for living and
sleeping purposes, and having not more than one
kitchen or kitchenette.
"Family" means an individual, or two or more
persons related by blood, marriage, adoption, or
guardianship, living together in a dwelling unit in
which board and lodging may also be provided
for not more than two additional persons,
excluding servants; or a group of not more than
five persons who need not be related by blood,
marriage, adoption or guardianship living
together in a dwelling unit.
"Farming" means the use of land for raising and
harvesting crops or for feeding, breeding and
managing livestock or for dairying or for any
other agricultural or horticultural use, or for any
combination thereof, excluding feedlots. It
includes the disposal, by marketing or otherwise,
of products raised on the premises.
"Fence, sight obscuring" means a fence or
evergreen planting arranged in such a way as to
obstruct vision.
"Floor area" means the area included in
surrounding walls of a building or portion
thereof, exclusive of vent shafts and courts.
"Frontage" means that portion of a parcel of
property which abuts a dedicated public street or
highway or an approved private way.
"Garage, private" means an accessory building or
portion of a main building used for the parking or
temporary storage of vehicles owned or used by
occupants of the main building.
"Garage, public" means a building other than a
private garage used for the care and repair of
motor vehicles or where such vehicles are parked
or stored for compensation, hire or sale.
PAGE 4 of 9 - EXHIBIT "A" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "A"
"Grade -Ground level" means the average
elevation of the finished ground elevation at the
centers of all walls of building, walk, the
sidewalk elevation nearest the center of the wall
shall constitute the ground elevation.
"Guest house" means an accessory building used
for the purpose of providing temporary living
accommodations for guests, or for members of
the same family as that occupying the main
structure, and containing no kitchen or
kitchenette facilities.
"Hearing, initial" means an initial hearing is a
quasi-judicial hearing authorized and conducted
by the Hearings Officer or Planning Commission
to determine if a change or permit shall be
granted or denied.
"Hearings Officer" means a planning and zoning
Hearings Officer appointed or designated by the
County Commission pursuant to ORS 227.165 or,
in the absence of such appointed Hearings
Officer, the Planning Commission or City
Council.
"Height of building" means the vertical distance
measured between the hiahest point of the roof
and the average finished grade. €peke -ghee
the highest pail# ef the eeping Of a 41 P,
the geek line of„ mansar-d ofer- to the eente..
hei& between the highest and lowest Points On
ether- t�,pese€r-eafs.
"Home occupation" means a use conducted
entirely within a dwelling, which use is clearly
incidental and secondary to the use of the
dwelling for dwelling purposes and which
complies with the conditions of DCC Title 21.
"Hospital" means any institution, place, building
or agency which maintains and operates
organized facilities for 20 or more persons for the
diagnosis, care and treatment of human illness,
including convalescence and care during and after
pregnancy, or which maintains and operates
organized facilities for any such purpose, and to
which persons may be admitted for overnight stay
or for a longer period.
"Hotel" means a building or portion thereof with
more than five sleeping rooms designed or used
for occupancy of individuals who are lodged with
or without meals, and in which no provision is
made for cooking in any individual room or suite.
"Human resource facility" means a facility under
the control of and financed by a unit of
government or religious, philanthropic, charitable
or nonprofit organization and devoted to the
housing, training, or care of children, the aged,
indigent, handicapped or underprivileged,
including places of detention or correction.
"Junk yard" means a place where waste,
discarded or salvaged materials are stored,
bought, sold, exchanged, baled, packed,
disassembled or handled, including auto wrecking
yards, house wrecking yards, used lumber yards
and places or yards for storage of salvaged house
wrecking and structural steel materials and
equipment; but not including such places where
such uses are conducted entirely within a
completely enclosed building, and not including
pawn shops and establishments for the sale,
purchase or storage of used furniture and
household equipment, used cars in operative
condition, or salvaged materials incidental to
manufacturing operations, and recycling
operations.
"Kennel" means any premises where four or
more dogs, cats, or other small animals or any
combination thereof at least four months of age,
are kept commercially or permitted to remain for
board, propagation, training or sale, except
veterinary clinics and animal hospitals.
"Land use action" means any action involving an
application for a land use permit.
"Landscaping" means the term "landscaping"
includes primarily trees, grass, bushes, shrubs,
flowers and garden areas, and incidental
arrangements of fountains, patios, decks, street
furniture and ornamental concrete or stonework
areas and artificial turf or carpeting, but excludes
artificial plants, bushes, shrubs or flowers. It also
PAGE 5 of 9 - EXHIBIT "A" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "A"
includes open space and density and design
requirements.
"Livestock" means domestic animals of types
customarily raised or kept on farms for profit or
other purposes.
"Lot" means a parcel of land used or capable of
being used under the regulations of DCC Title 21,
lawfully created as such in accordance with the
subdivision laws or ordinances in effect at the
time of its creation.
"Lot area" means the computed area contained
within the lot lines; said area to be exclusive of
street or alley rights of way.
"Lot, corner" means a lot abutting upon two or
more streets at their intersection, or upon two
parts of the same street, such streets or parts of
the same street forming an interior angle of less
than 135 degrees within the lot line.
"Lot coverage" means that percentage of the total
lot area covered by structures as herein defined.
"Lot depth" means the horizontal distance
between the front and the rear lot lines. In the
case of a corner lot the depth shall be the length
of the longest front lot line.
"Lot, interior" means a lot or parcel of land other
than a corner lot.
"Lot line" means any line bounding a lot as
herein defined.
"Lot line, front" means the property line abutting
a street.
"Lot line, rear" means a lot line not abutting a
street which is opposite and most distant from the
front lot line. In the case of an irregular or
triangular-shaped lot, a lot line 10 feet in length
within the lot parallel to and at the maximum
distance from the front line.
"Lot line, side" means any lot line not a front lot
line or a rear lot line.
"Lot of record" means a lot held in separate
ownership as shown on the records of the County
Recorder at the time of the passage of an
ordinance or regulation establishing the zoning
district in which the lot is located, legally created
pursuant to law at that time.
"Lot, through" means an interior lot having a
frontage on two streets and/or highways.
"Lot width" means the horizontal distance
between the side lot lines measured within the lot
boundaries or the mean distance between the side
lot lines within the buildable area. In case of a
corner lot, lot width shall mean the mean
horizontal distance between the longest front lot
line and the opposite lot line not abutting the
street.
"Mobile home" means a detached single-family
dwelling unit with all of the following
characteristics:
A. Designed for a long term occupancy and
containing sleeping accommodations, flush
toilet, a tub or shower -bath and kitchen
facilities, with plumbing and electrical
connections provided for attachment to
outside systems.
B. Designed to be transported after fabrication
on its own wheels or on flatbed or other
trailers or detachable wheels.
C. Arriving at the site where it is to occupied as
a dwelling complete, ready for occupancy
except for minor and incidental unpacking
and assembly operations, location on
foundations supports, connection to utilities,
and the like.
D. Does not conform to the Oregon State
Structural Code as defined in ORS 45.750 or
standards for prefabrication (Modular)
structures as defined in ORS 456.750(6).
"Modular homes (prefabricated house)" means a
sectional or factory built house to which wheels
may or may not be attached for the purpose of
moving it to a homesite where it is affixed to the
PAGE 6 of 9 - EXHIBIT "A" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "A"
real property on a permanent foundation pursuant
to the Uniform Structural Code.
"Motel" means a building or group of buildings
used for transient residential purposes containing
guest room or dwelling units with automobile
storage space provided in connection therewith,
which building or group is designed, intended, or
used primarily for the accommodation of
transient automobile travelers.
"Nonconforming use" means a use of land or of a
building or structure which use lawfully existed
at the time of the adoption of DCC Title 21, or of
any amendment thereto, but which use does not
conform with the use regulations imposed by
DCC Title 21 or such amendment thereto.
"Open space" means the uses which exhibit an
open character, or natural resource, based use of
land, including, but not limited to landscaped
areas, commercial forestry, natural areas,
commercial agriculture or large lot hobby farming
consistent with the surrounding landscape, or
parks, golf courses, or other nonintensive
recreational use with a minimum of appurtenant
structures.
"Owner" means the owner of record of real
property as shown on the tax rolls of Deschutes
County, or a person purchasing a piece of
property under contract. For the purposes of
DCC Title 21 in terms of violations and binding
agreements between the County and the owner,
the word 'owner" shall also mean a leaseholder,
tenant or other person in possession or control of
the premises or property at the time of the
agreement or violation of agreement of the
provisions of DCC Title 21.
"Parking area, public" means an open area, other
than a street or other public way, used for the
parking of automobiles and available to the public
whether for a fee, free or as an accommodation
for clients or customers.
"Parking space" means a durable and dustless,
permanently surfaced and marked area, excluding
paved area necessary for access, for the parking
of a motor vehicle.
"Party" means any person who has standing.
"Permit" means authority for or approval of a
proposed use of land for which approval is a
matter of discretion and is required by a land use
ordinance. The term includes, but is not limited
to, permission given for those changes set forth in
Application for Land Use Permit and a special
exception, special design zone and other similar
permits.
"Permittee" means the person who is proposing
to use or who is using the land pursuant to any
permit required herein.
"Person" means an individual, firm, partnership,
corporation, company, association, syndicate, or
any legal entity, whether he, she or it is acting for
himself, herself or itself or as the servant,
employee, agent or representative of another.
"Planning Commission" means the Planning
Commission of the City of Sisters, Oregon.
"Planning Director" means the Planning Director
is the individual, or his or her delegate, appointed
by the Deschutes County Board of
Commissioners pursuant to ORS 215.042.
"Quasi -public" means land uses which are
conducted by a church, service club, fraternal,
philanthropic or charitable organization.
"Recreational facility, private" means a recreation
facility under private ownership and operated by
a profit or nonprofit organization, open to bona
fide members, and providing one or more of the
following types of recreational activities: Tennis,
handball, golf, squash, volleyball, racquetball,
badminton and swimming or other similar types
of uses.
"Riparian zones" means those areas characterized
by occasional, or consistent water occupation.
More precisely defined as being within the
boundaries of the 100 -year floodplain of a stream,
as designated by the U.S. Army Corps of
Engineers, or as being within the extremes of
PAGE 7 of 9 - EXHIBIT "A" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "A"
highest recorded water marks, without Corps
designation.
"Roadside stand" means a temporary structure,
vehicular or area designed or used for the display
or sale of merchandise on the premises upon
which such a stand is located.
"Setback" means the minimum allowable
horizontal distance from a given point or line of
reference, such as a property line, to the nearest
vertical wall or other element of a building or
structure as defined herein.
"Sisters City Limits" means those lands inside the
city boundaries as described in the City of Sisters
Charter, governed by such charter, and all
applicable City ordinances and codes.
"Sisters Urban Area" means that area lying inside
the adopted Sisters Urban Growth Boundary.
"Sisters Unincorporated Urban Area" means that
area lying inside the adopted Sisters Urban
Growth Boundary but outside the Sisters City
Limits.
"Street" means a public thoroughfare or right of
way dedicated, deeded or condemned for use as
such, other than an alley, which affords the
principal means of access to abutting property
including avenue, place, way, drive, lane,
boulevard, highway, road and any other
thoroughfare.
"Structural alteration" means any change in the
supporting members of a building, such as a
bearing wall, column, beam or girder, floor or
ceiling joist, roof rafters, roof diaphragms,
foundations, piles, or retaining walls or similar
components.
"Structure" means anything constructed or built,
any edifice or building of any kind, or any piece
of work artificially built up or composed of parts
joined together in some definite manner, which
requires location on the ground or is attached to
something having a location on the ground,
including swimming and wading pools and
covered patios, excepting outdoor areas such as
paved areas, driveways or walks.
"Trailer park" means a parcel of land upon which
two or more trailers occupied for dwelling or
sleeping purposes are located, regardless of
whether a charge is made for such
accommodations.
"Travel trailer" means a travel trailer means a
"Camping Vehicle" as defined by Oregon
Revised Statutes which is either a vacation trailer
or a self-propelled vehicle or structure equipped
with wheels for highway use and which is
intended for human occupancy and is being used
for vacation and recreational purposes, but not for
residential purposes, and is equipped with
plumbing, sink or toilet.
"Urban Growth Boundary" means a boundary
line shown in the Sisters Urban Area
Comprehensive Plan which separates urban and
urbanizable lands in and adjacent to the City of
Sisters Sisters from rural lands within Deschutes
Coun .
"Use" means the purpose for which land or a
structure is designed, arranged, or intended, or for
which it is occupied or maintained.
"Visual obstruction" means any fence, hedge,
tree, shrub, device, wall or structure exceeding
2.5 feet in height above the elevation of the top of
the curb, as determined by the Planning Director
and so located at a street intersection as to
dangerously limit the visibility of persons in
motor vehicles on said street or alleys. This does
not include trees kept trimmed of branches to a
minimum height of at least eight feet.
"Yard" means an open space on a lot which is
unobstructed from the ground upward except as
otherwise provided in DCC Title 21.
"Yard, front" means an open space extending the
full width of the lot between a building and the
front lot line, unoccupied and unobstructed from
the ground upward except as specified elsewhere
in DCC Title 21.
PAGE 8 of 9 - EXHIBIT "A" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "A"
"Yard, side" means An open space extending
from the front yard to the rear yard between a
building and the nearest side lot line, unoccupied
and unobstructed from the ground upward except
as specified elsewhere in DCC Title 21.
(Ord. 2004-004, § 2, 2004; Ord. 97-048 § 1,
1997; Ord. 88-038 § 1, 1988; Ord. 80-225 § 1,
1980; Ord. PL -17 § 4(1)-(108), 1979)
PAGE 9 of 9 - EXHIBIT "A" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT `B"
Chapter 21.08. ESTABLISHMENT OF
ZONES
21.08.010. Classification of Zoning Districts.
21.08.020. Application of Regulations to
Districts Generally.
21.08.030. Zoning Map.
21.08.040. Interpretation of District
Boundaries.
21.08.050. Zoning of Annexed Area.
21.08.010. Classification of Zoning Districts.
For the purposes of DCC Title 21, the Sisters
Unincorporated Urban Area is divided into
zoning districts designated as follows. These
districts, in their spatial representations within the
Sisters Unincorporated Urban Areal beA gin
Baufidaf:y are based on the public need found and
programmed for in the Sisters Urban Area
Comprehensive Plan.
ZONING DISTRICTS MAP SYMBOL
Residential-44ban Standard pensi ; - R.S
Residential Ufban high Density l4
G@FHFHPrsial l-lighwa ' E;=
C)nxnereiel General
cen��Prcaalllndastrial Eeanbinin� .Gl
lndestrial Light -ib
Floodplain District Fp
Urban Area Reserve UAR-10
Airport Overlay OA
(Ord. 2004-004 § 3, 2004; Ord. 94-019 § 1, 1994;
Ord. 88-038 § 2,1988; Ord. PL -17 § 5, 1979)
21.08.020. Application of Regulations to
Districts Generally.
Except as hereinafter provided:
A. No building or part thereof, or other structure
shall be erected, altered, or added to or
enlarged, nor shall any land, building,
structure, or premises be used for any
purpose or in any manner other than is
included among the uses hereinafter listed as
permitted in the district in which such
building, land or premises is located.
B. No building or part thereof, or structure shall
be erected, reconstructed or structurally
altered to exceed in height the limit
hereinafter designated for the district in
which the building is located.
C. No building or part thereof, or structure shall
be erected, nor shall any existing building be
altered, enlarged, rebuilt, or moved into any
district, nor shall any open space be
encroached upon or reduced in any manner,
except in conformity with the density
requirements hereafter prescribed for the
district in which such building or open space
is located.
(Ord. PL -17 § 6, 1979)
21.08.030. Zoning Map.
A. The location and boundaries of the zones
designated in DCC 21.08.010 are hereby
established as shown on the zoning map of
the Sisters Urban Area, dated with the
effective date of DCC Title 21 and signed by
the City Council and County Commission,
hereinafter referred to as the zoning map.
B. The signed copies of said zoning map are
maintained on file in the offices of the City
and County Recorders, and are hereby made
a part of DCC Title 21. Any revisions or
replacements of said map, when duly entered,
signed and filed with the City and County
Recorders, as authorized by DCC
21.08.030(C), are a part of this title.
C. When the zoning of any area is changed by
the County Commission and City Council, it
shall be done by ordinance amendment
procedures. The Planning Director shall
cause the official Plan/Zoning map to be
revised so that it reflects said changes, and
shall endorse on the map adjacent to said
revision, the number of the ordinance(s) by
which the change of the zone was effected,
provided that failure to revise said map shall
not affect the validity of any zone change.
The County Commission and City Council
may direct the Planning Director to replace
the official zoning map, or a portion thereof,
with a map which includes all lawful changes
of zone, and city boundaries, to date. Such a
map or portion thereof, filed as a
replacement, shall bear the number of the
ordinance authorizing same, and shall bear
PAGE 1 of 2 - EXHIBIT `B" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT `B"
dated, authenticating signature thereby
replaced, shall be retained in a separate file
by the City and County Recorders. Zone
changes shall be in accord with the
designations of the Comprehensive Plan Map
for the Sisters Urban Area.
(Ord. PL -17 § 7, 1979)
21.08.040. Interpretation of District
Boundaries.
In making a determination where uncertainty
exists as to boundaries or any of the aforesaid
districts as shown on said map, the following
rules shall apply:
A. Where district boundaries approximately
follow streets, alleys, or highways, such lines
shall be construed to such district boundaries.
B. Whenever any street, alley, or other public
way is vacated in the manner authorized by
law, the zoning district adjoining each side of
such street, alley or public way, shall be
automatically extended to the center of the
former right of way, and all of the area
included in the vacation shall then and
henceforth be subject to all regulations of the
extended districts.
C. Where district boundaries are indicated as
approximately following lot lines, such lines
shall be construed to be said boundaries. If a
boundary divides a lot into two or more
districts, the boundary shall be determined by
using the scale of the map and measuring the
distance from the property line or distance
specified on the map.
(Ord. PL -17 § 8, 1979)
administered sele13,b7
the City.,",o,o
speeifieally r-equiFed er-
allowed by
the Plan, Plan
a3ap4o"ing map, er
ubse uefft
development
limitations, and eeaditieas,
and enferee
the safne
PAGE 2 of 2 - EXHIBIT `B" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "C"
Chapter 21.12.36. FLOOD PLAIN ZONE -
FP
21.12.3"10. Purpose.
21.12.36:020. Permitted uses.
21.12.36-010. Purpose.
This district is intended to identify those sections
of the urban area subject to the hazards of
periodic stream flooding, and to preclude future
development or redevelopment that may suffer a
loss of life or property in the subject areas; and to
provide for a 100 -foot setback from 100 -year
flood -prone areas, to prevent possible lateral flow
of effluent into the riparian habitat of the
floodplain zone.
(Ord. 2004-004 § 4, 2004; Ord. PL -17 § 16(1),
1979)
21.12.36-020. Permitted uses.
A. Open space, excluding farming activities that
require groundbreaking.
B. Parks.
C. Camping associated with parks, providing the
camping does not occur during flood -prone
periods, and that waste disposal sites are at
least 100 feet set back from the 100 year
floodplain.
D. No existing structure shall be enlarged, or
structurally altered, nor shall the use be
changed unless decreasing in intensity to the
allowed uses of this zone.
E. Geothermal exploration and development,
and developed energy appurtenances,
providing air, water, and noise pollution are
mitigated.
(Ord. 2004-004 § 4, 2004; Ord. PL -17 § 16(2),
1979)
PAGE 1 OF 1 — EXHIBIT "C" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "D"
Chapter 21.16.4$: URBAN AREA
RESERVE ZONE -
UAR 10
21.16.48-010.
Purpose.
21.16.48-020.
Permitted uses.
21.16.48-030.
Conditional uses.
21.16.48-040.
Height regulations.
21.16.48-050.
Lot requirements.
21.16.48-060.
Signs.
21.16.48-070.
Off-street parking.
21.16.48-080.
Other required conditions.
21.16.48.10. Purpose.
To serve as a holding category and to provide
opportunity for tax differentials as urban growth
takes place elsewhere in the planning area, and to
be preserved as long as possible as useful open
space until needed for orderly growth.
(Ord. 2004-004 § 5, 2004; Ord. PL -17 § 18(1),
1979)
21.16.48.20. Permitted uses.
The following uses are permitted:
A. Farm use as defined in DCC Title 21.
B. Single-family dwelling.
C. Kennel or animal hospital.
D. Home occupation subject to DCC 21.60.010.
E. Other accessory uses and accessory buildings
and structures customarily appurtenant to a
permitted use subject to DCC 21.56.
F. Day Care Center facilities subject to site
review - DCC 21.44. and 21.44..
(Ord. 2004-004 § 5, 2004; Ord. PL -17 § 18(2),
1979)
21.16.48-030. Conditional uses.
The following conditional uses may be permitted
subject to a conditional use permit and the
provisions of DCC 21.28.:
A4.Commercial riding stable subject to DCC
21.64.
K. Reer-ea4ien > ; but not
ineluding—Stier intensive eeI
wer-ea4iefi e as e t..aek
paf k-.
B.1TUtility substations or pumping stations with
no equipment storage and sewage treatment
facilities.
CM -.Double -wide mobile home as a
single-family dwellin subject to DCC
21.60.010.
D.N Kennel or animal hospital, subject to DCC
21.52. and DCC 21.64.
(Ord. 2004-004 § 5, 2004; Ord. PL -17 § 18(3),
1979)
21.16.48-040. Light regulations.
No building or structure shall be hereafter
erected, enlarged, or structurally altered to exceed
30 feet in height.
(Ord. 2004-004 § 5, 2004; Ord. PL -17 § 18(4),
1979)
21.16.48-050. Lot requirements.
The following requirements shall be observed:
PAGE 1 of 2 — EXHIBIT "D" TO ORDINANCE NO. 2004-004 (2/25/04)
�.YATAWYMTIMMPM
K. Reer-ea4ien > ; but not
ineluding—Stier intensive eeI
wer-ea4iefi e as e t..aek
paf k-.
B.1TUtility substations or pumping stations with
no equipment storage and sewage treatment
facilities.
CM -.Double -wide mobile home as a
single-family dwellin subject to DCC
21.60.010.
D.N Kennel or animal hospital, subject to DCC
21.52. and DCC 21.64.
(Ord. 2004-004 § 5, 2004; Ord. PL -17 § 18(3),
1979)
21.16.48-040. Light regulations.
No building or structure shall be hereafter
erected, enlarged, or structurally altered to exceed
30 feet in height.
(Ord. 2004-004 § 5, 2004; Ord. PL -17 § 18(4),
1979)
21.16.48-050. Lot requirements.
The following requirements shall be observed:
PAGE 1 of 2 — EXHIBIT "D" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "D"
A. Lot Area. Each lot shall have a minimum
area of 10 acres.
B. Lot Width. Each lot shall have a minimum
average width of 300 feet with a minimum
street frontage of 150 feet.
C. Front Yard. The front yard shall be a
minimum of 50 feet from the existing street
right-of-way line or the ultimate street right
of way as adopted on the Comprehensive
Plan or Official Map, except that any lot of
record less than one acre in size is lawfully
created prior to (effective date of this title)
shall have a minimum front yard of 30 feet.
D. Side Yard. There shall be a minimum side
yard of 10 feet.
E. Rear Yard. There shall be a minimum rear
yard of 50 feet.
(Ord. 2004-004 § 5, 2004; Ord. PL -17 § 18(5),
1979)
21.16.45-060. Signs.
A. One nonilluminated nameplate or home
occupation sign not exceeding one and one-
half square feet in area for each dwelling
unit.
B. One nonilluminated temporary sign not
exceeding six square feet in area advertising
the sale, lease, or rental of the property on
which it is located.
C. One nonilluminated sign not exceeding 25
square feet in area identifying a conditional
use on the property. Said sign shall be set
back at least 10 feet from a property line.
(Ord. 2004-004 § 5, 2004; Ord. PL -17 § 18(6),
1979)
21.16.45-070. Off-street parking.
Off-street parking shall be provided as required in
DCC 21.108.
(Ord. 2004-004 § 5, 2004; Ord. PL -17 § 18(7),
1979)
PAGE 2 of 2 — EXHIBIT "D" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "E"
Chapter 21.20.33. AIRPORT OVERLAY
ZONE - OA
21.20.33:010. Purpose.
21.20.33:020. Compliance.
21.20.33:030. Definitions.
21.20.33:040. Permitted uses.
21.20.33:050. Conditional uses.
21.20.33:060. Prohibited uses.
21.20.33:070. Use and development
limitations.
21.20.33:080. Nonconforming uses.
21.20.33:090. Procedures.
21.20.33:100. Variances.
21.20.33:010. Purpose.
This overlay zone is intended to prevent the
establishment of airspace obstructions within the
Sisters Eagle Air Airport approach surfaces that
are located within the Urban Area of Sisters. The
Airport Overlay is composed of the Airport
Imaginary Surfaces, as defined herein. The
protection of the Airport Imaginary Surfaces will
be accomplished through height restrictions and
other land use controls as deemed essential to
protect the health, safety and welfare of the
people of Sisters.
In order to carry out the provisions of this overlay
zone there is hereby created an Airport Imaginary
Surfaces map that pertains to the Sisters Eagle
Air Airport Imaginary Surfaces that are located
within the Urban Area of Sisters.
The airport overlay zone requirements have been
designed to comply with the provisions of the
following legislation:
A. Federal Aviation Regulations, Part 77 -
Objects Affecting Navigable Airspace.
B. Oregon Administrative Rules, Chapter 738,
Division 70, Physical Hazards to Air
Navigation.
C. Oregon Revised Statutes Chapter 836,
Airports and Landing Fields.
D. The Land Conservation and Development
Commission Transportation Planning Rule.
E. Goal 12 - Transportation, of the Oregon Land
Conservation and Development Commission
Statewide Planning Goals and Guidelines,
Planning Guideline 2 and Implementation
Guideline 3.
F. Policy 12 and 13 from the Transportation
section of the sisters Urban Area
Comprehensive Plan.
(Ord. 2004-004 § 6, 2004; Ord. 94-019, § 1,
1994)
21.20.53:020. Compliance.
In addition to complying with the provisions of
the primary zoning district, all uses and activities
shall comply with the provisions of this Airport
Overlay Zone. In the event of conflict between
any provisions of this overlay zone and the
primary zoning district, the more restrictive
provision shall apply.
(Ord. 2004-004 § 6, 2004; Ord. 94-019, § 1,
1994)
21.20.53:030. Definitions.
A. Airport Approach Safety Zone. The land that
underlies the Approach Surface, excluding
the Runway Protection Zone.
B. Airport Elevation. The runway elevation
above mean sea level (MSL): 3,165 feet
(MSL).
C. Airport Hazard. Any structure, tree or use of
land which exceeds height limits established
by the Airport Imaginary Surfaces.
D. Airport Imaginary Surfaces. Those
imaginary areas in space which are defined
by the Approach Surface, Transitional
Surface, Horizontal Surface and Conical
Surface as defined herein and in which any
object extending above these imaginary
surfaces is an obstruction.
E. Approach Surface. A surface longitudinally
centered on the extended runway centerline
and extending outward and upward from each
end of the Primary Surface. The inner edge
of the approach surface is the same width as
the Primary Surface and extends to a width of
1,250 feet for a utility runway having only
visual approaches. The Approach Surface
PAGE 1 of 4 — EXHIBIT "E" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT `B"
extends for a horizontal distance of 5,000 feet
at a slope of 20 feet outward for each foot
upward (20:1).
F. Conical Surface. Extends 20 feet outward for
each one foot upward (20:1) for 4,000 feet
beginning at the edge of the horizontal
surface (5,000 feet from the center of each
end of the Primary Surface of each visual and
utility runway) and upward extending to a
height of 350 feet above the airport elevation.
G. Horizontal Surface. A horizontal plane 150
feet above the established airport elevation,
the perimeter of which is constructed by
swinging arcs of 5,000 feet from the center of
each end of the Primary Surface and
connecting the adjacent arcs by lines tangent
to those arcs for a utility runway having only
visual approaches.
H. Noise Sensitive Areas. Within 1,500 feet of
an airport or within established noise contour
boundaries exceeding 55 Ldn.
I. Oregon Aeronautics. The Aeronautics
Division of the Oregon Department of
Transportation.
J. Place of Public Assembly. Structure or place
which the public may enter for such purposes
as deliberation, education, worship, shopping,
entertainment, amusement, awaiting
transportation or similar activity.
K. Primary Surface. A surface longitudinally
centered on a runway. The Primary Surface
extends 200 feet beyond each end of the
runway when the runway has a specially
prepared hard surface. The width of the
Primary Surface is 250 feet for utility
runways having only visual approaches.
L. Runway Protection Zone (RPZ). An area off
the runway end (formerly the clear zone)
used to enhance the protection of people and
property on the ground. The RPZ is
trapezoidal in shape and centered about the
extended runway centerline. It begins 200
feet beyond the end of the areas usable for
takeoff or landing, at a width of 250 feet and
extends 1,000 feet to a width of 450 feet for
utility runways having only visual
approaches.
M. Structure. For the purposes of DCC
21.20..030 any manmade object, either
permanent or temporary, including mobile
objects.
N. Transitional Surfaces. Extends seven feet
outward for each one foot upward (7:1)
beginning on each side of the Primary
Surface which point is the same elevation as
the runway surface, and from the sides of the
approach surfaces thence extending upward
to a height of 150 feet above the airport
elevation (Horizontal Surface).
O. Tree. Any object of natural growth.
P. Utility Runway. A runway that is
constructed for and intended to be used by
propeller driven aircraft of 12,500 pounds
maximum gross weight or less. Runway
02/20 is such a runway.
Q. Visual Runway. A runway that is intended
solely for the operation of aircraft using
visual approach procedures with no
instrument approach procedures that has been
approved, or planned, or indicated on an
FAA or state planning document or military
service airport planning document. Runway
02/20 is such a runway.
(Ord. 2004-004 § 6, 2004; Ord. 94-019, § 1,
1994)
21.20.33:040. Permitted uses.
Any uses permitted outright in the underlying
zone are allowed except as provided in DCC
21.20.3-2.060 and 21.20.-52-.070.
(Ord. 2004-004 § 6, 2004; Ord. 94-019, § 1,
1994)
21.20.33-050. Conditional uses.
Any conditional uses listed in the underlying zone
that are allowed except as provided in DCC
21.20.060 and 21.20.070.
(Ord. 2004-004 § 6, 2004; Ord. 94-019, § 1,
1994)
PAGE 2 of 4 — EXHIBIT "E" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "E"
21.20.5060. Prohibited uses.
A. New structures or buildings are not allowed
within the Runway Protection zone.
B. New places of public assembly designed to
accommodate 50 people or more are not
allowed on land zoned Urban Area Reserve
(UAR-10) within the first 1,500 feet of the
Approach Safety Zone.
C. New wetland enhancements including
migratory bird refuges, water impoundments,
landfills, waste disposal sites, commercial
bird farms or similar uses individually
exceeding two acres in size that attract and
sustain flocks of birds are not allowed on
land beneath the Horizontal Surface.
D. New uses that interfere with aviation due to
height of structures, glare from buildings,
smoke, or safety considerations are not
allowed. Specific evidence of aviation
interference must be demonstrated before a
use (not listed above in DCC 21.20.-060(A)
through (C)) is prohibited under DCC
21.20..060. The evidence must show that the
use will regularly produce an interference
listed above, based on its normal operating
characteristics.
(Ord. 2004-004 § 6, 2004; Ord. 94-019, § 1,
1994)
21.20.5070. Use and development
limitations.
A. No new structure, except one customarily
used for aeronautical purposes, shall
penetrate into the Airport Imaginary Surfaces
as defined in DCC 21.20..030.
B. No glare producing material (unpainted
metal, reflective glass, and similar materials,
etc.) shall be used on the exterior of
structures within the Airport Approach Safety
Zone.
C. In noise sensitive areas (within 1,500 feet of
the airport runway) a declaration of
anticipated noise from aircraft shall be
recorded against the property in the deed
records of Deschutes County. Property
owners or their representatives are
responsible for providing the recorded
instrument prior to issuance of building
permits or final plat approval for land
divisions.
Within the first 1,500 feet of the Airport
Approach Safety Zone, a hold harmless
agreement and aviation and hazard easement
shall be attached to any building permit for
residential or places of public assembly and
shall be recorded against the property in the
deed records of Deschutes County. Property
owners or their representatives are
responsible for providing the recorded
instrument prior to issuance of building
permits.
(Ord. 2004-004 § 6, 2004; Ord. 94-019, § 1,
1994)
21.20.5080. Nonconforming uses.
A. The regulations for this overlay district shall
not be construed to require the removal,
lowering, or alteration of any lawfully
authorized structure not conforming to such
regulations. The regulations shall not require
any change in the construction, alteration or
intended use of any lawfully authorized
structure, the construction or alteration of
which was begun prior to the effective date of
this Airport Overlay Zone so long as
necessary prior approvals are not allowed to
lapse.
B. Notwithstanding DCC 21.20..080(A), the
owner of any existing structure that has an
adverse effect on air navigation as
determined by Oregon Aeronautics is hereby
required to permit the installation, operation,
and maintenance of obstruction markers as
deemed necessary by Oregon Aeronautics.
Certain objects and structures must be
marked to make them more visible to pilots.
The installation of any such markers will be
based on the characteristics of the structure,
including size or height, shape, function and
permanence in addition to effects on air
navigation.
(Ord. 2004-004 § 6, 2004; Ord. 94-019, § 1,
1994)
PAGE 3 of 4 — EXHIBIT "E" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "E"
21.20.090. Procedures.
A. All applications requiring site plan approval
within the Airport Imaginary Surfaces and
noise corridors shall be submitted to Oregon
Aeronautics for review. Oregon Aeronautics
has 10 days from date of receipt of an
application to review and return comments to
the County Planning Division.
(Ord. 2004-004 § 6, 2004; Ord. 94-019, § 1,
1994)
21.20.-52-.100. Variances.
A. Any person desiring to erect or increase the
height of any structure or use not in
accordance with provisions prescribed in
DCC 21.52.100 may apply for a variance as
set forth in DCC 21.32.
B. Application for variance must be
accompanied by a determination from
Oregon Aeronautics and the Federal Aviation
Administration as to the effect of the
proposal on the safe and efficient use of
navigable airspace.
C. Any variance granted may be conditioned to
require the owner of the structure to install,
operate and maintain, at the owner's expense,
obstruction markers.
(Ord. 2004-004 § 6, 2004; Ord. 94-019, § 1,
1994)
PAGE 4 of 4 — EXHIBIT "E" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "F"
Chapter 21.24.-56: NONCONFORMING
USES
21.24.-56:010. Nonconforming Uses.
21.24.-56:010. Nonconforming Uses.
A use lawfully occupying a structure or site on
the effective date of DCC Title 21 or of
amendments thereto, which does not conform to
the use regulations for the zone in which it is
located, shall be deemed to be a nonconforming
use and may be continued, subject to the
following regulations.
A. Routine maintenance and repairs may be
performed on structures or sites, the use of
which is nonconforming.
B. No structure, the use of which is
nonconforming, shall be moved, altered or
enlarged unless required by law or unless the
moving, alteration or enlargement will result
in the elimination of the nonconforming use.
located than the existing or pre-existing
use.
3. That the change of use will not result in
the enlargement of the space occupied by
a nonconforming use, except that a
nonconforming use of a building became
nonconforming provided that no
structural alteration, except those
required by law are made.
E. If a nonconforming use has been changed to a
conforming use, or if the nonconforming use
of a building, structure or premises ceases for
the period of one year or more, said use shall
be considered abandoned, and uses permitted
as a matter of right or as a Conditional Use in
the district in which it is located.
F
C. No structure partially occupied by a
nonconforming use shall be moved, altered or G
enlarged in such a way as to permit the
enlargement of the space occupied by the
nonconforming use.
D. The Planning Director or Hearings Body may
grant an application for a change of use, filed
in accordance with the provisions of DCC
Title 21 and processed under DCC Title 22 as
an application for a land use action, if, on the
basis of the application and the evidence
submitted, the following findings are made:
1. That the proposed use is classified in a
more restrictive category than existing or
pre-existing use by the zoning district
regulations of DCC Title 21. The
classifications of a nonconforming use
shall be determined on the basis of the
district in which it is first permitted,
provided that a Conditional Use shall be
deemed to be in a less restrictive category
than a permitted use in the same district.
2. That the proposed use will no more
adversely affect the character of the
district in which it is proposed to be
If a structure containing a nonconforming use
is destroyed by any cause to extent exceeding
60 percent of the appraised value of the
structure as determined by the records of the
County Assessor for the year preceding
destruction, a future structure or use on the
property shall conform to the regulations for
the district in which it is located.
Nothing contained in DCC Title 21 shall
require any change in the plans, construction,
alteration, or designated use of a structure for
which a valid permit exists prior to the
adoption of DCC Title 21 and subsequent
amendments thereto, except that if the
designated use will be nonconforming, it
shall for the purposes of DCC 21.36..010 be
an abandoned use if not in operation within
one year of the date of issuance of the
building permit.
H. If a building or structure, in existence on the
effective date of DCC Title 21 and subject to
any yard, location or coverage restriction
imposed by DCC Title 21, fails to comply
with such restriction, such building or
structure may be enlarged or altered to the
extent that such alteration or enlargement
does not itself encroach upon a required yard
or violate a location restriction or so increase
the area of the building or structure that it
violates that coverage restriction; but this
right shall be subject to all other restrictions
contained in DCC Title 21.
PAGE 1 of 2 — EXHIBIT "F" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "F"
I. If an existing nonconforming use, or portion
thereof, not housed or enclosed within a
structure, occupies a portion of a lot or parcel
of land on the effective date hereof, the area
of such use may not be expanded, nor shall
the use, or any part thereof, be moved to any
other portion of the property not theretofore
regularly and actually occupied by such use;
provided, that this shall not apply where such
increase in area is for the purpose of
increasing an off-street parking or loading
facility to the area specified further that this
shall not be construed as permitted
unenclosed commercial activities where
otherwise prohibited by DCC Title 21.
J. A use which was lawful by reason of a
variance may be conducted only on the term
of the original permit or variance granted and
subject to all limitations under which the
permit or variance was awarded.
K. The existence and scope of a nonconforming
use may be verified in accordance with the
requirements of state law under the
procedures set forth in DCC 22.40.
(Ord. 2004-004 § 7, 2004; Ord. 95-050 § 26,
1995; Ord. PL -17 § 19, 1979)
PAGE 2 of 2 — EXHIBIT "F" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "G"
Chapter 21.28.60: CONDITIONAL USE
PERMITS
21.28.60-010.
Purpose.
21.28.60-020.
Authority.
21.28.60-030.
General conditional use
permit criteria.
21.28.60-040.
Application.
21.28.60-050.
Procedures.
21.28.60-060.
Action by the Planning
Director or Hearings Body.
21.28.60-070.
Effect.
21.28.60-080.
Violation of condition.
21.28.60-090.
Special requirements.
21.28.60:100.
Notification of action.
21.28.60-010. Purpose.
In certain districts, conditional uses may be
permitted subject to the granting of a Conditional
Use Permit. Because of their unusual
characteristics, or the special characteristics of
the area in which they are to be located,
Conditional Uses require special consideration so
that they may be properly located with respect to
the objectives of DCC Title 21 and their effect on
surrounding properties.
(Ord. 2004-004 § 8, 2004; Ord. PL -17 § 20(1),
1979)
21.28.60-020. Authority.
The Planning Director or Hearings Body shall
have the authority to approve, with conditions,
disapprove, or revoke Conditional Use Permits
subject to the provisions of DCC 21.28..
(Ord. 2004-004 § 8, 2004; Ord. 95-050 § 27,
1995; Ord. PL -17 § 20(2), 1979)
21.28.60-030. General conditional use
permit criteria.
A Conditional Use Permit may be granted only
upon findings by the Planning Director or
Hearings Body that the proposal meets all of the
criteria in DCC 21.28..030, as well as all other
applicable criteria contained in DCC Title 21.
The general criteria are:
A. That the location, size, design and operating
characteristics of the proposed use are such
that it will have minimal adverse impact on
the livability, value, or permissible
development of abutting properties and the
surrounding area.
B. That the site planning of the proposed uses
will, as far as reasonably possible, provide an
aesthetically pleasing and functional
environment to the highest degree consistent
with the nature of the use and the given
setting.
C. If the use is permitted outright in another
zone, that there is substantial reason for
locating the use in an area where it is only
conditionally allowed, as opposed to an area
where it is permitted outright.
D. That the proposed use will be consistent with
the purposes of DCC Title 21, the
Comprehensive Plan, Statewide Goals, and
any other statutes, titles or policies that may
be applicable.
E. The establishment, maintenance or operation
of the use applied for will not, under
circumstances of the particular case, be
detrimental to the health, safety or general
welfare of persons residing or working in the
neighborhood or to the general welfare of the
Urban Area.
(Ord. 2004-004 § 8, 2004; Ord. 95-050 § 27,
1995; Ord. 81-038 § 1, 1981; Ord. PL -17 § 20(3),
1979)
21.28.60:040. Application.
A request for Conditional Use may be initiated by
a property owner or his authorized agent by filing
an application with the Planning Director. The
application shall be accompanied by a site plan
drawn to scale, showing the dimensions and
arrangement of the proposed development. The
Planning Director or Hearings Body may request
other drawings or material essential to an
understanding of the proposed use and its
relationship to the surrounding properties.
(Ord. 2004-004 § 8, 2004; Ord. 95-050 § 27,
1995; Ord. PL -17 § 20(4), 1979)
21.28.60-050. Procedures.
Conditional use applications shall be processed in
accordance with applicable provisions of DCC
Title 22.
PAGE 1 of 2 — EXHIBIT "G" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "G"
(Ord. 2004-004 § 8, 2004; Ord. 95-050 § 27,
1995; Ord. PL -17 § 20(5), 1979)
21.28.60-060. Action by the Planning
Director or Hearings Body.
The Planning Director or Hearings Body may
approve, approve with conditions, or disapprove
the application for a conditional use permit,
subject to the standard procedures of DCC Title
22. In permitting a conditional use, the Planning
Director or Hearings Body may impose, in
addition to regulations and standards expressly
specified in DCC Title 21, other conditions found
necessary to protect the best interests of the
surrounding property or neighborhood or the
urban area as a whole. Any future enlargement or
alteration of the use shall be reviewed by the
County and new conditions may be imposed.
A. In order to grant any conditional use, the
Planning Director or Hearings Body must
find that the establishment, maintenance or
operation of the use applied for will not,
under the circumstances of the particular
case, be detrimental to the health, safety or
general welfare of persons residing or
working in the neighborhood of such
proposed use, or be detrimental or injurious
to the property and improvements in the
neighborhood or to the general welfare of the
urban area.
B. Duration of permits issued under DCC 21.28.
shall be as set forth in DCC 22.36.
(Ord. 2004-004 § 8, 2004; Ord. 95-050 § 27,
1995; Ord. 95-018 § 1, 1995; Ord. PL -17 § 20(6),
1979)
21.28.60-070. Effect.
No building or other permit shall be issued in any
case where a conditional use permit is required by
the terms of DCC Title 21 until five days after the
approval of the conditional use by the Planning
Director or Hearings Body. An appeal from an
action of the Planning Director or Hearings Body
shall automatically stay the issuance of a building
or other permit until such appeal has been
completed.
(Ord. 2004-004 § 8, 2004; Ord. 95-050 § 27,
1995; Ord. PL -17 § 20(7), 1979)
21.28.60:080. Violation of condition.
The Planning Director or Hearings Body, on its
own action, may revoke any conditional use
permit for noncompliance with conditions set
forth in the granting of said permit after first
holding a public hearing and giving notice of
such hearing in accordance with applicable
provisions of DCC Title 22. The foregoing shall
not be the exclusive remedy, and it shall be
unlawful and punishable hereunder for any
person to violate any condition imposed by a
conditional use permit.
(Ord. 2004-004 § 8, 2004; Ord. 95-050 § 27,
1995; Ord. PL -17 § 20(8), 1979)
21.28.60-090. Special requirements.
The request for a building to exceed 30 feet in
height shall be considered in light of the Fire
Department's fire fighting apparatus and the
location of that apparatus. The community
should have adequate apparatus before taller
structures are allowed.
(Ord. 2004-004 § 8, 2004; Ord. PL -17 § 20(9),
1979)
21.28.60:100. Notification of action.
The Planning Director or Hearings Body shall
notify the applicant for a conditional use in
writing of the Planning Director's or Hearings
Body's action within 10 days after the decision
has been rendered.
(Ord. 2004-004 § 8, 2004; Ord. 97-048 § 2, 1997;
Ord. PL -17 § 20(10), 1979)
PAGE 2 of 2 — EXHIBIT "G" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "H"
Chapter 21.32.64: VARIANCES
21.32.64-010.
Variances.
21.32.64-020.
Authorization to grant or
deny variances.
21.32.64-030.
Conditions for granting a
variance.
21.32.64-040.
Conditions for granting a
variance to Off-street parking
or loading facilities.
21.32.64-050.
Application for variance.
21.32.64-060.
Public hearings.
21.32.64-070.
Action of the Planning
Director or Hearings Body.
21.32.64-080.
Time limit on approval of a
variance.
21.32.64-010. Variances.
Where practical difficulties, unnecessary
hardships and results inconsistent with the
general purposes of DCC Title 21 may result
from the strict application of certain provisions
thereof, variances may be granted as provided in
DCC 21.64.010. DCC 21.64.010 shall not be
used to allow a use that is not permitted by DCC
Title 21 for the district in which the land is
located.
(Ord. 2004-004 § 9, 2004; Ord. PL -17 § 21,
1979)
21.32.64-020. Authorization to grant or
deny variances.
The Planning Director or Hearings Body may
authorize variances from the requirements of
DCC Title 21 where it can be shown that, owing
to special and unusual circumstances related to a
specific piece of property, the literal
interpretation of this title would cause an undue
or particular hardship, except that no variance
shall be granted to allow the use of property for
purposes not authorized within the district in
which the proposed use would be located. In
granting a variance, the Planning Director or
Hearings Body may attach conditions which it
finds necessary to protect the best interests of the
surrounding property or neighborhood and to
otherwise achieve the purposes of DCC Title 21.
(Ord. 2004-004 § 9, 2004; Ord. 95-050 § 28,
1995; Ord. PL -17 § 21(1), 1979)
21.32.64-030. Conditions for granting a
variance.
A variance may be granted if, on the basis of the
application, investigation and evidence submitted,
the Planning Director or Hearings Body makes
the following findings:
A. That strict or literal interpretation and
enforcement of the specified regulation
would result in practical difficulty or
unnecessary physical hardship inconsistent
with the objectives of the zoning ordinance.
B. That there are exceptional or extraordinary
circumstances or conditions applicable to the
property involved or to the intended use of
the property which do not apply generally to
other properties classified in the same zoning
district.
C. That strict or literal interpretation and
enforcement of the specified regulation
would deprive the applicant of privileges
enjoyed by the owners of other properties
classified in the same zoning district.
D. That the granting of the variance will not
constitute a grant of special privilege
inconsistent with the limitations on other
properties classified in the same zoning
district.
E. That the granting of the variance will not be
detrimental to the public health, safety or
welfare or materially injurious to properties
or improvements in the vicinity.
F. That the variance conforms to the
Comprehensive Plan and the intent of the
ordinance being varied.
(Ord. 2004-004 § 9, 2004; Ord. 90-050 § 28,
1995; Ord. 80-225, § 1, 1980; Ord. PL -17 §
21(2), 1979)
21.32.64-040. Conditions for granting a
variance to off-street parking or
loading facilities.
The Planning Director or Hearings Body may
grant a variance to a regulation prescribed by
DCC Title 21 with respect to off-street parking
facilities or off-street loading facilities as the
variance was applied for or in modified form if,
on the basis of the application, investigation and
PAGE 1 of 2 — EXHIBIT "H" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "H"
the evidence submitted, the Planning Director or
Hearings Body makes the findings prescribed in
DCC 21.64.030, and the following additional
findings:
A. That neither present nor anticipated future
traffic volumes generated by the use of the
site or use of sites in the vicinity reasonably
require strict or literal interpretation and
enforcement of the specified regulation.
B. That the granting of the variance will not
result in the parking or loading of vehicles on
public streets in such a manner as to interfere
with the free flow of traffic on the streets.
C. That the granting of the variance will not
create a safety hazard or any other condition
inconsistent with the objectives of the zoning
ordinance.
(Ord. 2004-004 § 9, 2004; Ord. 95-050 § 28,
1995; Ord. PL -17 § 21(3), 1979)
21.32.64.050. Application for variance.
A request for a variance may be initiated by a
property owner or his authorized agent by filing
an application with the Planning Director. The
application shall be accompanied by a site plan,
drawn to scale, showing the dimensions and
arrangement of the proposed development. The
Planning Director or Hearings Body may request
other drawings or material essential to an
understanding of the proposed use and its
relationship to the surrounding properties.
(Ord. 2004-004 § 9, 2004; Ord. 95-050 § 28,
1995; Ord. PL -17 § 21(4), 1979)
21.32.64-060. Public hearings.
Before a variance is permitted, the proposed
variance shall be considered by the Planning
Director or Hearings Body at a public hearing.
Notice of said hearing shall be given as provided
in DCC Title 22.
(Ord. 2004-004 § 9, 2004; Ord. 95-050 § 28,
1995; Ord. PL -17 § 21(5), 1979)
21.32.64-070. Action of the Planning
Director or Hearings Body.
The Planning Director or Hearings Body may
approve, disapprove or approve with conditions
the application, subject to the standard procedures
of DCC Title 22. The Planning Director or
Hearings Body shall notify the applicant, in
writing, of the Planning Director or Hearings
Body's action in accordance with DCC Title 22.
The Planning Director or Hearings Body may
attach conditions to an authorized variance which
it feels are necessary to protect the public interest
and carry out the purpose of DCC Title 21.
(Ord. 2004-004 § 9, 2004; Ord. 95-050 § 28,
1995; Ord. PL -17 § 21(6), 1979)
21.32.64:080. Time limit on approval of a
variance.
Duration of variances issued under DCC 21.64
shall be as set forth in DCC 22.36.
(Ord. 2004-004 § 9, 2004; Ord. 95-050 § 28,
1995; Ord. 95-018 § 12, 1995; Ord. PL -17 §
21(7), 1979)
PAGE 2 of 2 — EXHIBIT "H" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "I"
Chapter 21.36.68. REVOCATION OF
PERMITS OR
VARIANCES
21.36.08-010. Revocation for noncompliance
with conditions.
21.36.08-020. Procedures.
21.36.65.010. Revocation for noncompliance
with conditions.
Any conditional use permit or variance granted in
accordance with the terms of DCC Title 21 may
be revoked if any of the conditions or terms of
such permit or variance are violated, or if any law
or ordinance is violated in connection therewith.
If, after notice and hearing, any permit is revoked
for a substantial violation of any of its conditions,
the Hearings Body may reconsider any zone
change granted in connection with the permit and
restore the zoning existing prior to the permit,
notwithstanding improvements constructed prior
to such revocations, but any such proposed
change of zone shall follow the procedures
otherwise specified for zone changes herein.
(Ord. 2004-004 § 10, 2004; Ord. 95-050 § 29,
1995; Ord. PL -17 § 22(2), 1979)
21.36.08:020. Procedures.
Procedures for revocation shall be as set forth in
DCC Title 22.
(Ord. 2004-004 § 10, 2004; Ord. 95-050 § 29,
1995; Ord. PL -17 § 22(3), 1979)
PAGE 1 of 1 — EXHIBIT "I" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "J"
Chapter 21.40.74: AMENDMENTS
21.40.74"10. Amendments.
21.40.74420. Standards for zone change.
21.40.74-030. Record of amendments.
21.40.7040. Resolution of intent to rezone.
21.40.WA10. Amendments.
DCC Title 21 may be amended by changing the
boundaries of districts, or by changing any other
provisions thereof as set forth in DCC 21.40.74.
The procedures for text or legislative map
changes shall be as set forth in DCC 22.12. A
request by a property owner for a quasi-judicial
map amendment shall be accomplished by filing
an application on forms provided by the Planning
Department and shall be subject to applicable
procedures of DCC Title 22.
(Ord. 2004-004 § 11, 2004; Ord. 95-050 § 30,
1995; Ord. PL -17 § 23, 1979)
21.40.7020. Standards for zone change.
The burden of proof is upon the applicant. The
applicant shall in all cases establish:
A. Conformance with the Comprehensive Plan.
B. Conformance with all applicable statutes.
C. Conformance with statewide planning goals
whenever they are determined to be
applicable.
D. That there is a public need for a change of the
kind in question.
E. That the need will be best served by changing
the classification of the particular piece of
property in question as compared with other
available property.
F. That there is proof of a change of
circumstance or a mistake in the original
zoning.
G. That annexation to the City of Sisters will
accompany the zone change.
(Ord. 2004-004 § 11, 2004; Ord. 95-050 § 30,
1995; Ord. PL -17 § 23, 1979)
21.40.74-030. Record of amendments.
The signed copy of each amendment to the text
and the map of DCC Title 21 shall be maintained
on file in the office of the County Clerk and City
Recorder. A record of such amendments shall be
maintained in a form convenient for the use of the
public.
(Ord. 2004-004 § 11, 2004; Ord. 95-050 § 30,
1995; Ord. PL -17 § 23(5), 1979)
21.407040. Resolution of intent to rezone.
If, from the facts presented and findings and the
report and recommendations of the Hearings
Officer as required by DCC 21.72.040, the
County Commission determines that the public
health, safety, welfare and convenience will be
best served by a proposed change of zone, the
County Commission may indicate its general
approval in principal of the proposed rezoning by
the adoption of a "resolution of intent to rezone."
This resolution shall include any conditions,
stipulations or limitations which the County
Commission may feel necessary to require in the
public interest as a prerequisite to final action,
including those provisions which the County
Commission may feel necessary to prevent
speculative holding of the property after rezoning.
Such a resolution shall not be used to justify spot
zoning to create unauthorized zoning categories
by excluding uses otherwise permitted in the
proposed zoning.
A. Content of Site Plan. Where a site plan is
required pursuant to DCC 21.96, it shall
include location of existing and proposed
buildings, structures, accesses, off-street
parking and loading spaces and landscaping;
existing and proposed topography;
mechanical roof facilities, if subject property
is so oriented as to become part of the view
from adjacent properties; architectural
perspective, layout and all elevations drawn
without exaggeration except where noted,
including locations, area and design of signs,
all landscaping and adjacent streets and
facilities.
B. Resolution on Intent Binding. The
fulfillment of all conditions, stipulations and
limitations contained in the resolution of
intent on the part of the applicant shall make
PAGE 1 of 2 — EXHIBIT "J" TO ORDINANCE NO. 2004-004 (2/4/04)
EXHIBIT "J"
the resolution binding on the County
Commission. Upon compliance with the
resolution by the applicant, the County
Commission shall, by ordinance, effect such
rezoning.
C. Resolution of Intent Void Upon Failure to
Comply. The failure of the applicant to meet
any or all conditions, stipulations or
limitations contained in a resolution of intent,
including the time limit placed in the
resolution, shall render said resolution null
and void, unless an extension is granted by
the County Commission upon
recommendation of the Hearings Officer.
(Ord. 2004-004 § 11, 2004; Ord. 97-048 § 3,
1997; Ord. 95-050 § 30, 1995; Ord. PL -17 §
23(6), 1979)
PAGE 2 of 2 — EXHIBIT "J" TO ORDINANCE NO. 2004-004 (2/4/04)
EXHIBIT "K"
Chapter 21.44.E APPEALS
21.44.7010. Appeals.
21.44.7010. Appeals.
Appeals shall follow the procedures established
by DCC Title 22, except that within the city
limits, the hearing shall be held by the City
Council.
(Ord. 2004-004 § 12, 2004; Ord. 95-050 § 31,
1995; Ord. 86-038 § 1, 1986; Ord. PL -17 § 24,
1979)
PAGE 1 of 1 — EXHIBIT "K" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "L"
Chapter 21.48.80. PROCESSING
APPROVALS
21.48.88:010. Procedures.
21.48.8"10. Procedures.
Procedures for processing approvals under DCC
21.4858 shall be as set forth in DCC Title 22.
(Ord. 2004-004 § 13, 2004; Ord. 95-050 § 31(A),
1995; PL -17 § 25, 1979)
PAGE I of 1 — EXHIBIT "L" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "M"
Chapter 21.52.84. ENFORCEMENT AND
PENALTIES
21.52.84-010.
Enforcement.
21.52.84-020.
Penalties for violations.
21.52.84-030.
Injunctive relief.
21.52.84-040.
Evidence.
21.52.84-050.
Abatement.
21.52.84.010. Enforcement.
It shall be the duty of the Planning Director to
enforce DCC Title 21. All departments, officials
and public employees of the County, vested with
the duty or authority to issue permits shall
conform to the provisions of DCC Title 21 and
shall issue no permit, certificate or license for any
use, building or purpose which violates or fails to
comply with conditions or standards imposed by
DCC Title 21. Any permit, certificate or license
issued in conflict with the provisions of DCC
Title 21, intentionally or otherwise, shall be void.
(Ord. 2004-004 § 14, 2004; Ord. 97-048 § 4,
1997; Ord. PL -17 § 26(l),1979)
21.52.84-020. Penalties for violations.
Any person, firm or corporation, whether as
principal, agent, employee or otherwise, violating
or causing the violation of any of the provisions
of DCC Title 21 commits a Class B violation, and
upon conviction thereof shall be punishable by a
fine of not more than $250. Such person, firm or
corporation shall be deemed guilty of a separate
offense for each and every day during any portion
of which any violation of DCC Title 21 is
committed or continued by such a person, firm or
corporation and shall be punishable as a
continuing as provided in Ordinance No. 82-012.
(Ord. 2004-004 § 14, 2004; Ord. 86-038 § 2,
1986; Ord. PL -17 § 26(2), 1979)
21.52.84-030. Injunctive relief.
The foregoing sanctions shall not be exclusive,
and where the public health, safety, morals, or
general welfare will be better served thereby, the
Planning Director may institute such proceedings
for injunctive relief against a continuing violation
as may be authorized by the statutes of the State
of Oregon. In the enforcement of provisions
prohibiting nuisances caused by odor, sound,
vibration and the like, the Planning Director may
seek injunction against the specific device,
activity, or practice causing the nuisance.
(Ord. 2004-004 § 14, 2004; Ord. PL -17 § 26(3),
1979)
21.52.84-040. Evidence.
In any prosecution for causing or maintaining any
condition or use of, or activity on, or
constructing, moving or maintaining any structure
on, any premises in violation of this zoning title, a
person in possession or control of the premises,
as owner or lessee at the time of the violation, or
continuance thereof, shall be presumed to be the
person who constructed, moved, caused or
maintained the unlawful activity, use, condition
or structure. This presumption shall be rebuttable
and either Deschutes County or the defendant in
such prosecution shall have the right to show that
the offense was committed by some person other
than, or in addition to, an owner or lessee or other
persons in possession or control of the premises;
but this shall not be construed as relieving a
person in possession and control of property from
any duty imposed upon him by this taxed
according to the records of the Deschutes County
Assessor shall be prima facie the person in
possession or control of the premises. Where
premises on which the violation is committed are
commercial or industrial premises on which a
sign is situated identifying the commercial or
industrial activity conducted thereof, the same
shall constitute prima facie evidence that the
person whose name is thus displayed is in
possession or control of the premises as owner or
lessee, but this shall not be construed to relieve
from responsibility any agent, manager, employee
or other person who actually committed the
violation.
(Ord. 2004-004 § 14, 2004; Ord. 97-048 § 5,
1997; Ord. PL -17 § 26(4), 1979)
21.52.84-050. Abatement.
Where, because of the absence of the responsible
person, or persons from the County or from the
State, as the case may be, the courts of Deschutes
County or the State of Oregon cannot secure
effective jurisdiction over the person or persons
responsible for the cause or continuation of a
structure or condition erected or maintained in
PAGE 1 OF 2 — EXHIBIT "M" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "M"
violation of the title, or where the County
Commission and City Council deems it important
to the public interest that the unlawful structure
or condition, and if such removal or correction is
not effected within the time prescribed in the
order, the Planning Director shall cause such
abatement, going upon the premises with such
men or equipment as may be necessary, and the
City Council and County Commission shall
thereafter by ordinance assess the cost of
abatement against the real property. The lien of
the assessment shall be enforced in the same
manner as in the case of street improvement liens.
Notice of hearing shall be sufficient if given 30
days in advance of the hearing, either by personal
delivery or by mailing the same to the last known
address of the owner of the property as shown by
the County Assessor's records. The order shall be
served upon the owner or responsible person in
the manner prescribed for the notice of hearing,
and the owner or responsible person shall have
such period of time after service of the order but
not less than 30 days, as the County Commission
and City Council may deem to be reasonably
necessary to accomplish the requirements of the
order. The notice of hearing and the abatement
order shall contain a notice to the property owner,
or other person served, that the City of Sisters or
Deschutes County shall not be responsible for the
condition or storage of the component parts of, or
personal property situated within, the structure
following abatement by the City of Sisters or the
County. The remedy of abatement shall be in
addition to, and not in lieu of, the other remedies
prescribed in DCC 21.84.050.
(Ord. 2004-004 § 14, 2004; Ord. PL -17 § 26(5),
1979)
PAGE 2 OF 2 — EXHIBIT "M" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "N"
Chapter 21.56.88. SEVERABILITY AND
VALIDITY
21.56.88-010. Validity.
21.56.88-010. Validity.
If any section, subsection, sentence, clause or
phrase of DCC Title 21 is for any reason held by
a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the
remaining portions of DCC Title 21. The County
Commission hereby declares that it would have
passed this title, and each section, subsection,
sentence, clause and phrase thereof, irrespective
of the fact that any one or more sections,
subsections, sentences, clauses or phrases might
be declared invalid.
(Ord. 2004-004 § 15, 2004; Ord. 97-048 § 6,
1997; Ord. PL -17 § 27, 1979)
PAGE 1 of 1 — EXHIBIT "N" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "O"
Chapter 21.60.E PROVISIONS
APPLYING TO
SPECIAL USES
21.60.93.010. Provisions applying to special
uses.
21.60.93.010. Provisions applying to special
uses.
In addition to the standards of DCC Title 21, the
following special uses shall comply with the
provisions of DCC 21.60.92.010:
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F
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EMP
PAGE 1 of 5 — EXHIBIT "O" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "O"
A.P. Home Occupation. An occupation carried on
within a dwelling by members of the family
occupying the dwelling, with no servant,
employee, or other person being engaged,
provided the occupation is conducted in such
a manner as not to give an outward
appearance, nor manifest any characteristic of
a business, in the ordinary meaning of the
term, nor infringe upon the rights of
neighboring residents. Such occupations
shall be secondary use of the premises, and
shall:
1. Not to exceed 25% of the ground floor of
the dwelling; or occupy no more than
500 square feet of a garage, either
attached or detached; or occupy no more
than 500 square feet of any other out
building.
2. Parking for the business to be same as for
the normal residential occupancy, with
no additional parking for the
establishment, either on or off street.
PAGE 2 of 5 — EXHIBIT "O" TO ORDINANCE NO. 2004-004 (2/25/04)
....
..
A.P. Home Occupation. An occupation carried on
within a dwelling by members of the family
occupying the dwelling, with no servant,
employee, or other person being engaged,
provided the occupation is conducted in such
a manner as not to give an outward
appearance, nor manifest any characteristic of
a business, in the ordinary meaning of the
term, nor infringe upon the rights of
neighboring residents. Such occupations
shall be secondary use of the premises, and
shall:
1. Not to exceed 25% of the ground floor of
the dwelling; or occupy no more than
500 square feet of a garage, either
attached or detached; or occupy no more
than 500 square feet of any other out
building.
2. Parking for the business to be same as for
the normal residential occupancy, with
no additional parking for the
establishment, either on or off street.
PAGE 2 of 5 — EXHIBIT "O" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "O"
3. No visual signs specifically indicating
the home occupation is anything more
than residential occupance.
4. Building standards for the home
occupation in compliance with fire, life,
and safety requirements, structural,
sanitary, and mechanical code
requirements.
5. Provision for noise, air, visual, and
electrical pollution related to the process
of the home occupation; and home
occupation neither infringes upon, nor
requires more area for density
requirement for on-site sewage disposal
for the residence.
B.&.. Mobile Home Standards. Mobile homes
not meeting structural criteria as established
in DCC Title 21, and allowed on individual
lots, mobile home subdivisions or planned
unit developments, or in mobile home parks,
shall meet the following minimum
requirements:
1. Insignia of Compliance. The mobile
home shall conform to the current
Oregon State Electrical, plumbing,
heating and structural codes for mobile
homes, whose conformance shall be
signified by the display of the "Insignia
of Compliance" of the State of Oregon,
pursuant to, and under provisions of ORS
446.002 and ORS 446.200, and all
subsequent amendments thereto.
2. Skirting. All nonpermanent mobile
homes shall have continuous skirting of
nondecaying, noncorroding, rodent -proof
material. Skirting shall be vented, and
insulated to an R -value as required for
foundation insulation for a modular, or
on-site built home. An 18x24 inch
access shall be provided in the skirting.
Skirting shall be installed within 60 days
of the date of issuance of the building
permit.
3. Foundations. All mobile homes not
meeting the structural criteria as outlined
in DCC Title 21, placed on individual
lots, or in mobile home subdivisions or
planned unit developments, as a
permanent location, shall be placed on a
foundation constructed to, or exceeding
Oregon and Deschutes County Structural
Codes for footings and foundations, and
insulation, and permanently attached to a
noncorrosive, nondecaying plate that is
integrated as a part of that foundation.
4. Permits. A building permit shall be
obtained from the Building Official prior
to construction of any footings and
foundations, or prior to moving in and
locating of any mobile home on any tract
of land. Said permits shall include other
site constructed buildings or structures.
5. Additions to Mobile Homes. No
additions to mobile homes will be
allowed that would extend residential
space of the original dwelling. A
canopied porch(s), or patio(s) will be
allowed at each entrance, only if the
canopy material is of a type that is
identical to the construction of, or
covering of, the mobile home, or of
materials that enhance the design of the
mobile home.
6. Storage and Accessory Requirements.
Each mobile home shall be provided with
an accessory building which encloses a
minimum of 70 square feet, for accessory
storage. No storage will be allowed
under the mobile home, nor in
unscreened, or enclosed areas. The
accessory storage building shall be
constructed to Uniform Building Code
Standards. Construction of the required
storage building shall be completed
within 60 days of the date of issuance of
the building permit.
7. Special Setbacks. Special setbacks, as
determined by the Planning Director or
Hearings Body as an element of Site Plan
Review, Conditional Use, or Variance
hearing, may be required in areas with
scenic impact, and in all areas designated
for Landscape Management or open
space on the Comprehensive Plan Map.
Also, special setbacks and landscape
requirements may be required where
subject property adjoins frame dwelling,
or modular home, residential units.
PAGE 3 of 5 — EXHIBIT "O" TO ORDINANCE NO. 2004-004 (2/25/04)
8
0
EXHIBIT "O"
Spatial Requirements. The lot size
requirements for mobile homes, either on
individual lots, mobile home
subdivisions, or planned unit
developments, or in mobile home parks,
shall be the same as for standard
residential units, or modular homes in the
same residential district, those standards
being based on the spatial requirement
for individual, on-site sewage disposal
systems. If eventually connected to
community sewerage, the mobile home
density shall not exceed the allowed
housing unit density ascribed to the
residential district within which they are
located.
Temporary Mobile Home Permits.
Temporary use permits for mobile homes
may be authorized by the Planning
Director or Hearings Body in the
following circumstances, upon such
terms and conditions as prescribed by the
Planning Director or Hearings Body:
a. Temporary use permits may be
granted to schools for a specified
time;
b. Temporary use permits may be
granted in residential zones for blood
relatives of the family residing on the
property, if the mobile home will be
used because of a medical problem
requiring the use of such a unit. The
existence of a medical problem shall
be certified by a medical doctor, with
description that such a location, for
minimum nursing and/or care, will
be beneficial to the patient. The
permit shall not exceed one year and
may only be renewed with another
certificate from a medical doctor.
Such a mobile home placement shall
not infringe upon the spatial
requirement for individual on-site
sewage disposal systems, nor their
assigned replacement area, for the
long-term residential unit on the
property;
c. Temporary use permits may be
granted in connection with
construction projects including
temporary residence, commercial use
associated with other facilities being
constructed at the site. The duration
of such permits shall not continue
beyond the construction period and
the permit shall terminate upon
occupancy of the building being
constructed. Set up requirements for
such permitted temporary location
mobile homes shall be by the
standard for nonpermanent mobile
homes, as outlined in DCC Title 21,
and the Oregon building, electrical,
plumbing, and structural codes for
mobile homes.
PAGE 4 of 5 — EXHIBIT "O" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "O"
spaee pr-evided for- eaeb mobile home site
so as to allaw for- a density rafie of fie
less than 3,009 feet f eaei.
area,of open spaee within the mobile hame
par -k. Those afeas gained as epeft
whether- or- fiet titili,6ed for- sewage
disposal--fmd Irealfaent, shall be
or- other reer-eatienal faeinties fef:—the
pafk's r-esiden4s
plans should ifieltide deser-iptien of-, and
previsietis—zo;—ease in mobile home
(Ord. 2004-004 § 16, 2004; Ord. 97-048 § 7,
1997; Ord. 80-225, § 1, 1980; Ord. PL -17 § 28,
1979)
PAGE 5 of 5 — EXHIBIT "O" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "P"
Chapter 21.64.96: SITE PLAN APPROVAL
21.64.96.010. Purpose.
21.64.96.020. Site plan approval required.
21.64.96.030. Site plan: contents and
procedure.
21.64.96.040. Site plan criteria.
21.64.96.010. Purpose.
The purpose of Site Plan Approval is to insure
compliance with the objectives and provisions of
DCC Title 21 and the Comprehensive Plan where
development may cause a conflict between uses
in the same or adjoining districts by creating
unsightly, unhealthful or unsafe conditions
thereby adversely affecting the public health,
safety and general welfare. The purpose of DCC
21.64.96:-010 is to influence location and design
of the proposed use rather than to deny a use
allowed within the zone. In considering a site
plan, the Planning Director or Hearings Body
shall take into account the impact of the proposed
development on nearby properties, on the
capacity and circulation of the street system, on
the capacity of the utility and service systems, on
land value and development potential of the area
and on the appearance of the street and the
community. The Planning Director or Hearings
Body may require the following, in addition to
the minimum requirements and standards of DCC
Title 21, as a condition to the site plan approval:
A. An increase in building separation to afford
greater fire resistance based on building
structural and fire flow requirements.
B. An increase in building separation, to afford
improvement in light reception or air
circulation.
C. Additional off-street parking according to
specific requirements for the type of
development.
D. Screening of the proposed use by a fence or
landscaping or a combination thereof.
E. Limitations on the size, location and number
of exterior lights.
F. Limitations on the number and location of
curb cuts for ingress/egress, for traffic safety
and improved circulation.
G. Dedication of land for the creation or
enlargement of streets where the existing
street system will be impacted by or is
inadequate to handle the additional burden
caused by the proposed use.
H. Improvement, including but not limited to,
paving, curbing, installing traffic control
facilities and constructing sidewalks,
drainage facilities or the street system which
serves the proposed use where the existing
street system will be burdened by the
proposed use.
I. Improvement or enlargement of utilities
serving the proposed use where existing
facilities serving the proposed use will be
burdened by the proposed use.
J. Landscaping or increases in landscaping
requirements for the site.
K. Limitations on the number and size of signs.
L. Review of and adjustments in design for
conformance with the historic architectural
design theme.
M. Any other limitations or conditions it
considers necessary to achieve the purposes
of DCC Title 21 and the Comprehensive
Plan.
(Ord. 2004-004 § 17, 2004; Ord. 95-050 § 32,
1995; Ord. 81-038 § 1, 1981; Ord. 80-225 § 1,
1980; Ord. PL -17 § 29(1), 1979)
21.64.96-020. Site plan approval required.
No building, parking, land use, sign or other
required permit shall be issued for a use subject
to DCC 21.64.96-020, nor shall such uses be
commenced, enlarged, altered or changed until a
final site plan is approved by the Planning
Director or Hearings Body.
A. The provisions of DCC 21.64.9020 apply to
developments and uses contained in the
zoning ordinance as follows:
1. Multi -family dwellings.
2. Planned unit developments.
3. Mobile home parks.
PAGE 1 OF 4 — EXHIBIT "P" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "P"
4. Commercial zones.
5. Commercial - Industrial zones.
6. Industrial zones.
7. Conditional uses where specified in each
zone.
B. A site plan must be filed under the following
conditions:
1. New buildings or structures.
2. Building alterations affecting the exterior
design and/or dimensions of an existing
structure.
3. Porches, decks and canopy additions.
4. Any new permitted land use on
undeveloped property, such as parking
lots, concession stands, storage yards,
etc.
5. Site grading of property affecting or
altering the on-site or off-site drainage.
6. Signs within the commercial zones.
7. A change of use within a zone unless the
site already complies with all of the
standards of DCC Title 21.
C. All conditions of site plan approval required
by the Planning Director or Hearings Body
shall be complied with prior to obtaining any
required permits or licenses.
D. Noncompliance with an approved site plan
and any conditions of approval shall be a
zoning violation.
(Ord. 2004-004 § 17, 2004; Ord. 97-048 § 8,
1997; Ord. 95-050 § 33, 1995; Ord. 80-225 § 1,
1980; Ord. PL -17 § 29(2), 1979)
21.64.96:030. Site plan: contents and
procedure.
A. Any site plan shall be filed on a form as
provided by the Planning Department and
shall be accompanied by such drawings,
sketches, and descriptions as the Planning
Director deems necessary to describe the
proposed development. A plan shall not be
deemed complete unless all information
requested is provided.
B. The applicant shall submit a site development
plan, existing natural plant materials
inventory of all trees six inches or greater in
diameter and other significant species,
landscape plan, and architectural drawings
(indicating floor plans and elevations) with
the following information.
C. The final site development plan shall indicate
the following:
1. Access to site from adjacent rights of
way, streets and arterials.
2. Parking and circulation areas.
3. Location, dimensions (height and bulk)
and design of buildings and signs.
4. Orientation of windows and doors.
5. Entrances and exits.
6. Private and shared outdoor recreation
spaces.
7. Pedestrian circulation.
8. Public play areas.
9. Service areas for uses such as mail
delivery, trash disposal, above -ground
utilities, loading and delivery.
10. Areas to be landscaped.
11. Exterior lighting.
12. Special provisions for handicapped
persons.
13. Existing topography of the site at
intervals appropriate to the site; but in no
case having a contour interval greater
than 10 feet.
14. Signs.
15. Elevations of all visible sides of
buildings eensistent withD"� 2-1.104.
16. Other site elements and information
which will assist in the evaluation of site
development.
17. Public improvements.
D. The landscape plan shall indicate:
1. The size, species, and approximate
locations of existing natural plant
materials proposed to be retained, and
new plant materials proposed to be
placed on site.
2. Proposed site grading.
3. An explanation of how drainage and soil
erosion is to be dealt with during and
after construction.
(Ord. 2004-004 § 17, 2004; Ord. 97-048 § 9,
1997; Ord. 80-225 § 1, 1980; Ord. PL -17 § 29(3),
1979)
PAGE 2 OF 4 - EXHIBIT "P" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "P"
21.64.96.040. Site plan criteria.
Approval of a final site plan shall be based on the
following criteria.
A. Relation of site plan elements to the
environment.
1. The elements of the site plan shall relate
harmoniously to the natural environment
and existing buildings and structures
having a visual relationship with the site.
2. The elements of the site plan should
promote energy conservation, and
provide adequate protection from adverse
climatic conditions, noise and air
pollution.
3. Each element of the site plan shall
effectively, efficiently and attractively
serve its function. The elements shall be
on a human scale, interrelated, and shall
provide spatial variety and order.
4. In commercial and industrial zones
adjacent to State or Federal highways,
and/or lying in County jurisdiction within
urban growth boundaries, coordinated
circulation and access plan shall be
submitted for the site and all properties in
the immediate vicinity (no more than
one-quarter mile to each site) to assure
the public's safety in entering or leaving
the site, as well as when traveling
through the area. This requirement may
be waived by the Planning Director if
adequate access control and efficient and
safe circulation can be obtained without
the development and approval of a
coordinated circulation and access plan.
5. Safety and Privacy. The site plan should
be designed to provide a safe
environment while offering appropriate
opportunities for privacy and transitions
from public to private spaces.
6. Special Needs of Handicapped. When
deemed appropriate, the site plan shall
provide for the special needs of
handicapped persons, such as ramps for
wheelchairs and braille signs.
7. Preservation of Natural Landscape. The
landscape and existing grade shall be
preserved to the maximum practical
degree, considering development
constraints and suitability of the
landscape or grade to serve the
applicant's functions. Preserved trees and
shrubs shall be protected during
construction.
8. Pedestrian and Vehicular Circulation and
Parking. The location and number of
points of access to the site, the interior
circulation patterns, the separations
between pedestrians and moving and
parked vehicles, and the arrangement of
parking areas in relation to buildings and
structures, shall be harmonious with
proposed and neighboring buildings and
structures.
9. Drainage. Surface drainage systems shall
be designed so as to not adversely affect
neighboring properties, streets, and/or
surface and subsurface water quality.
10. Buffering and Screening. Areas,
structures, and facilities for storage,
machinery and equipment, services (mail,
refuse, utility wires, and the like), loading
and parking, and similar accessory areas
and structures shall be designed, located,
buffered, or screened to minimize
adverse impacts on the site and
neighboring properties.
11. Utilities. All utility installations above
ground, if such are allowed, shall be
located so as to minimize adverse
impacts on the site and neighboring
properties.
12. Signs and Graphics. The location,
texture, lighting, movement, and
materials of all exterior signs, graphics,
or other information or directional
features shall be compatible with the
other elements of the site plan and
surrounding properties.
13. Guidelines designed to assist applicants
in developing site plans shall be adopted
by the Governing Body after review and
recommendation by the Planning
Commission.
14. Specific criteria which are outlined for
each zone shall be a required part of the
site plan (e.g., lot setbacks, etc.).
(Ord. 2004-004 § 17, 2004; Ord. 80-225 § 1,
1980)
PAGE 3 OF 4 — EXHIBIT "P" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "P"
3. Storage Residential
f:esidential developments
of af4ieles sueh
develepmen4s.
fef: the storage
as > >
Ieggage, eutdeer
areas shall be efitir-ely
€>:imitt re, ete. These
enele-se-d—
I Ilse—€ellowing—laedseapefequifements
are established der multi family
eemmer-eial and industrial developments,
IMM xv-9wrpvpw-p.RwM.
immrvm Por Mr
line by a
five feet in
..,..a.:..,. ,.
leading afea
width,
lafidseaped
width..
G. A lmdseaped
and afij, other- lot
sifip at least
..
line by a
five feet in
..,..a.:..,. ,.
leading afea
strip separating
from a street shall eantain-
to emeeed 50 feet
ate to he
apaFt, en
the -a'iierage--tel,
more than
eight feet apaA,
oli the
aefage;
and
PAGE 4 OF 4 — EXHIBIT "P" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "Q"
Chapter 21.68.408 -.OFF-STREET PARKING
21.68.010. Compliance.
21.68.020.108.030. Off-street parking.
21.68.030.108.040. Number of spaces
required.
21.68.040.108050: General provisions
off-street parking.
21.68.050.109 060. Development and
maintenance standards for
off-street parking areas.
21.68.060.408:00& Off-street parking lot
design.
21.108.080. PFovisioias for- paFliing in the
21.68.070.408090: Provisions for reductions
in spatial requirements for
off-street parking due to
landscaping.
21.68.108:010. Compliance.
No building or other permit shall be issued until
plans and evidence are presented to show how the
off-street parking and -lea�grequirements are to
be fulfilled and that property is and will be
available for extensive use as off-street parking
and leading -space. The subsequent use of the
property for which the permit is issued shall be
conditional upon the unqualified continuance and
availability of the amount of parking afld-leading
space required by this title.
(Ord. 2004-004 § 18, 2004; Ord. PL -17 § 32(1),
1979)
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PAGE 1 of 6 - EXHIBIT "Q" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "Q"
21.68.108.0230.0ff-street parking.
Off-street parking spaces shall be provided and
maintained as set forth in DCC 21.86.4-".0230
for all uses in all zoning districts. Such off-street
parking spaces shall be provided at the time a
new building is hereafter erected or enlarged or
the use of a building existing on the effective date
of this title is changed.
(Ord. 2004-004 § 18, 2004; Ord. 80-225 § 1,
1980; Ord. PL -17 § 32(3), 1979)
21.68.409.0340.Number of spaces required.
Off-street parking shall be provided as follows:
A. Residential.
USE
One, two and three
family dwellings:
dwelling unitsi.
-2 Bedr-eem Unit
3 BedFeaffl-U*t
.g -bear -ding
eF Q1
dwelling
2 spaces per dwelling
unit
paFkifig per- dwelling
4.5 spaees-per- quad
Mid 5.5 Spa808 eF
mer
eef+eeti
pa4ients and inmates.
our-siiig kerne;
.
1 Spare per- empleyee
OF 8 feet Of b
leHg4h auditer-ium or-
asseneerrr,
PAGE 2 of 6 — EXHIBIT "Q" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "Q"
1 spaee per- 600
medieal and-derttal)- square feet
fleepefea-
spaeePer300
eI in io, - square feet of gfess
iing 1 space -per -1-89
sgeafe feet e€ gross
€leepeFea-
Fr—If1destr-i4.
establishm an thee-1aFgest
Ste ,
wkelesale
1 spase
sgeafe
poi - 2,089
feet e€ 0666
establishfnefi4, r -ail of:
tf:ue1Eing 46&
tA1:M4;A1-
area.
..
1 spaee per- 600
medieal and-derttal)- square feet
fleepefea-
spaeePer300
eI in io, - square feet of gfess
iing 1 space -per -1-89
sgeafe feet e€ gross
€leepeFea-
Fr—If1destr-i4.
establishm an thee-1aFgest
Ste ,
wkelesale
1 spase
sgeafe
poi - 2,089
feet e€ 0666
establishfnefi4, r -ail of:
tf:ue1Eing 46&
tA1:M4;A1-
area.
B.I4- Other uses not specifically listed above
shall furnish parking as required by the Site
Plan Review Committee. The Site Plan
Review Committee shall use the above list as
a guide for determining requirements for said
other uses.
(Ord. 2004-004 § 18, 2004; Ord. PL -17 § 32(4),
1979)
21.68.449.04-50. General provisions off-street
parking.
A. More Than One Use on One or More Parcels.
In the event several uses occupy a single
structure or parcel of land, the total
requirement for off-street parking shall be the
sum of the requirements of the several uses
computed separately.
B. Joint Use of Facilities. The off-street parking
requirements of two or more uses, structures
or parcels of land may be satisfied by the
same parking or loading space used jointly to
the extent that it can be shown by the owners
or operators of the uses, structures or parcels
of land may be satisfied by the same parking
or loading space used jointly to the extent
that it can be shown by the owners or
operators of the uses, structures or parcels
that their operations and parking needs do not
overlap in point of time. If the uses,
structures or parcels are under separate
ownership, the right to joint use of the
parking space must be evidenced by a deed,
lease, contract or other appropriate written
document to establish the joint use.
C. Location of Parking Facilities. Off-street
parking spaces for dwellings shall be located
on the same lot with the dwelling. Other
required parking spaces shall be located on
the same parcel or on another parcel not
farther than 500 feet from the building or use
they are intended to serve, measured in a
straight line from the building in a
commercial or industrial zone. Such parking
shall be located in a safe and functional
manner as determined during Site Plan
Approval. The burden of proving the
existence of such off -premise parking
arrangements rests upon the person who has
the responsibility of providing parking.
D. Use of Parking Facilities. Required parking
space shall be available for the parking of
PAGE 3 of 6 – EXHIBIT "Q" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "Q"
operable passenger automobiles of residents,
customers, patrons and employees only, and
shall not be used for the storage of vehicles
or materials or for the parking of trucks used
in the conducting of the business or use.
E. Parking, Front Yard. Unless otherwise
provided, required parking and loading
spaces for multi -family dwellings,
commercial and industrial use shall not be
located in a required front yard, but such
space may be located within a required side
or rear yard.
(Ord. 2004-004 § 18, 2004; Ord. PL -17 § 32(5),
1979)
21.68.409.0560.Development and
maintenance standards for
off-street parking areas.
Every parcel of land hereafter used as a public or
private parking area, including commercial
parking lots, shall be developed as follows:
A. Any lighting used to illuminate the off-street
parking areas shall be so arranged that it will
not project light rays directly upon any
adjoining property in an "R" District.
RE
561
Except for single-family and duplex
dwellings, groups of more than two parking
spaces shall be so located and served by a
driveway that their use will require no
backing movements or other maneuvering
within a street or right of way other than, an
alley.
Areas used for standing and maneuvering; of
vehicles shall be paved with either AC paving
or .09 oil mat material and the surfaces
maintained adequately for all weather use and
so drained as to contain any flow of water on
the site.
D. Except for parking to serve residential uses,
parking and loading areas adjacent to or
within residential zones or adjacent to
residential uses shall be designed to minimize
disturbance of residents.
E. Access aisles shall be of sufficient width for
all vehicular turning and maneuvering.
F. Service drives to off-street parking areas shall
be designed and constructed to facilitate the
flow of traffic, provide maximum safety of
access and egress and maximum safety of
pedestrians and vehicular traffic on the site.
The number of service drives shall be limited
to the minimum that will accommodate and
serve the traffic anticipated. Service drives
shall be clearly and permanently marked and
defined through the use of rails, fences, walls
or other barriers or markers. Service drives
to drive-in establishments shall be designed
to avoid backing movements or other
maneuvering within a street other than an
alley.
G. Service drives shall have a minimum vision
clearance area formed by the intersection of
the driveway center line, the street right of
way line and a straight line joining said lines
through points 30 feet from their intersection.
H. Parking spaces along the outer boundaries of
a parking area shall be contained by a curb or
bumper rail so placed to prevent a motor
vehicle from extending over an adjacent
property line or a street right of way.
(Ord. 2004-004 § 18, 2004; Ord. PL -17 § 32(6),
1979)
21.68.408.06-7O.Off-street parking lot design.
All off-street parking lots shall be designed in
accordance with City standards for stalls and
aisles as set forth in the following drawings and
table:
SEE TABLE AT END OF CHAPTER 21.68.44&
A. For one row of stalls use "C" + "D" as
minimum bay width.
B. Public alley width may be included as part of
dimension "D," but all parking stalls must be
on private property, off the public
right-of-way.
C. For estimating available parking area, use
300-325 square feet per vehicle for stall, aisle
and access areas.
D. For narrow lots equivalent size stalls and
aisles may be approved by the Site Plan
Review Committee.
PAGE 4 of 6 — EXHIBIT "Q" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "Q"
E. For large parking lots exceeding 20 stalls,
alternate rows may be designed for compact
cars provided that the compact stalls do not
exceed 30 percent of the total required stalls.
A compact stall shall be eight feet in width
and 17 feet in length with appropriate aisle
width.
(Ord. 2004-004 § 18, 2004; Ord. PL -17 § 32(7),
1979)
21.68.408.0790.Provisions for reductions in
spatial requirements for off-street
parking due to landscaping.
Where landscaping is to be provided in parking
areas, to reduce the starkness generally associated
with such parking areas, the Site Plan Review
Committee shall consider the following:
A. Where general landscaping, utilizing ground
covers, raised beds, or low shrubbery, all of
evergreen nature are utilized around parking
area borders, or required screening around
borders, or as traffic control structures within
parking areas, or as general landscaping
within parking areas, the parking area gross
spatial requirement will be reduced
proportionately, up to a total of five percent.
B. Where native trees and brush are
incorporated for retention in new parking
facilities, or where utilized as newly
established landscaping within, or
surrounding required parking areas, the
drip -line perimeter around that vegetation
shall not be imperviously covered, and
reductions proportionate to the area involved,
up to a total of 10 percent of the required
parking area will be allowed. The drip -line
perimeter areas, if designed as "sumps," with
drill holes to provide for drainage, will be
allowed as meeting drainage requirements for
impervious surfaces, proportional to their
area carrying capacity for that purpose, to the
requirements for drainage for the area, upon
approval by the Site Plan Review Committee.
(Ord. 2004-004 § 18, 2004; Ord. PL -17 § 32(9),
1979)
PAGE 5 of 6 — EXHIBIT "Q" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "Q"
21.68.060OFF STREET PARKING LOT DESIGN
A
B
C
D
E
F
00
V-0"
9.0
12.0
22.0
30.0
9'-6"
9.5
12.0
22.0
31.0
10'-0"
10.0
12.0
22.0
32.0
450
V-0"
19.8
13.0
12.7
52.5
9'-6"
20.1
13.0
13.4
53.3
10'-0"
20.5
13.0
14.1
54.0
600
9'-0"
21.0
18.0
10.4
60.0
9'-6"
21.2
18.0
11.0
60.4
10'-0"
21.5
18.0
11.9
61.0
700
9'-0"
21.0
19.0
9.6
61.0
9'-6"
21.2
18.5
10.1
60.9
10'-0"
21.2
18.0
10.6
60.4
90°
9'4"
20.0
24.0
9.0
64.0
9'-6"
20.0
24.0
9.5
64.0
10'-0"
20.0
24.0
10.0
64.0
PAGE 6 of 6 - EXHIBIT "Q" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "R"
Chapter 21.72.446-. DRAINAGE OF
IMPERVIOUS
SURFACES
21.72.4010. Drainage of Impervious
Surfaces.
21.72.4:010. Drainage of Impervious
Surfaces.
For site plan review, an applicant will supply a
plan showing surface drainage provision, to
compensate for infiltration losses due to
impervious surfaces on the subject property.
Mitigation will be required at least for roof, and
off-street parking areas, to accommodate disposal
of one -inch depth water for all impervious
surfaces, by unfrozen ground. A surface drainage
system of channels will be required, to carry
excess water from rapid snow melt or intense
thunderstorms, with more than one -inch depth of
water, to a gravity -flow water disposal system,
designed as an integral part of the street/curb
system.
(Ord. 2004-004 § 19, 2004; Ord. PL -17 § 34,
1979)
PAGE 1 OF 1 — EXHIBIT "R" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "S"
Findings
Applicant: City of Sisters
Attn: Neil Thompson, Planning Director
150 N. Fir Street
P.O. Box 39
Sisters, OR 97759
Application' TA -03-11
Proposal: 1. Edits Deschutes County Code, Title 21, specifying Urban Area
Reserve as the primary land use category of the Sisters
Unincorporated Urban Growth Area
2. Deleting DCC Chapters 21.12, 21.16, 21.24, 21.28, 21.32, 21.40,
21.44, 21.100, 21.112, 21.124
3. Amending DCC Chapters 21.04, 21.08, 21.36, 21.48, 21.52, 21.56,
21.60, 21.64.
Applicable 1. Joint Management Agreement between the City of Sisters, Oregon
Criteria: and Deschutes County, Oregon
2. Updated City of Sisters Comprehensive Plan
3. Title 21, Deschutes County Code
4. Title 22, Deschutes County Code
Background: This is an application for a text amendment to the Deschutes County
Code, Title 21, which regulates the land uses in the area outside the
City of Sisters City Limits but inside the Sisters Urban Growth
Boundary. Currently, there are no such areas since the UGB and City
Limits of Sisters are the same. However, with a proposed UGB
expansion, new unincorporated urban areas will be created.
The current language of Title 21 is outdated and needs to reflect the
unincorporated area's purpose to serve as a holding zone for future
urban intensity development. The current language of Title 21 of the
Deschutes County Code is based on the old City of Sisters subdivision
ordinance which predates the current City of Sisters Development
Code. The current language is inconsistent with the new development
standards in the City of Sisters Development Code. Also, newly
created unincorporated areas are intended to be holding zones for future
urban development that will occur once the properties are annexed.
The changes are proposed to keep unincorporated lands inside the
Sisters UGB as urban area reserves for the City, prevent premature
parcelization of the unincorporated areas, and insure the lands will be
developed consistent with the City's Development Codes. Significant
deletions have been made to Title 21 to accomplish these goals.
As required by the Joint Management Agreement, the City Planning
Commission and City Council held hearings and recommend these
changes to the Deschutes County Board of Commissioners.
PAGE 1 of 15 — EXHIBIT "S" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "S"
Joint Management Agreement
The "Agreement Between the City of Sisters, Oregon and Deschutes County, Oregon, for
the Joint Management of the Urban Growth Boundary and the Sisters Growth Area",
September 27, 1979, hereafter referred to as the Joint Management Agreement guides
procedures and responsibilities in the unincorporated areas within the Sisters Urban
Growth Boundary. Currently, there are no properties meeting this description, but with
the upcoming proposal to expand the UGB lands will be added to this area. The Joint
Management Agreement contains procedural requirements for modifying Deschutes
County's Title 21, the set of ordinances regulating development outside the Sisters City
Limits, but inside the Sisters UGB, and is therefore discussed below.
Joint Management Agreement
1. Definitions (applicable definitions)
Urban Growth Area (UGA). Those areas encompassed with the Urban Growth
Boundary.
Urban Growth Boundary. The Urban Growth Boundary is the boundary line shown in
the Sisters Urban Area Plan which separates urban and urbanizable lands in and adjacent
to the City of Sisters from rural lands within Deschutes County.
Unincorporated Urban Growth Area (UUGA). Those land areas lying within the Urban
Growth Boundary but outside the city limits of the City of Sisters.
3. Preparation and Amendment of Comprehensive Plans and Land Use
Regulations.
A. Authority. The City has exclusive authority for enacting and amending the text of the
comprehensive plan and land use regulations within the City, subject to granting the
County a 20 -day notice and comment period before the first hearing on any proposed
amendments before the Planning Commission. Except as otherwise provided for in
Paragraph 5 herein, the County hereby delegates to the City responsibility for initiating
and processing legislative actions to adopt or amend the Comprehensive Plan and Land
Use Regulations for the UUGA (Unincorporated Urban Growth Area) in accordance with
this agreement. The parties agree that within the UUGA the Board of County
Commissioners shall retain the authority to initiate and have processed text amendments
in accordance with this section without charge.
B. Process for exercising_ delegated responsibilities within the UUGA.
(1) City staff shall be responsible for processing City and County initiated text
amendments and for accepting applications for and processing text amendments proposed
by private parties.
Finding: City staff is processing this City -initiated text amendment.
PAGE 2 of 15 — EXHIBIT "S" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "S"
(2) The City shall provide the County with 20 days notice before the first hearing of any
non -County proposed amendments before the Sisters Urban Area Planning Commission.
The County may comment on the proposed amendments. The City staff shall incorporate
the County's comments in the staff report and present them to the Planning Commission.
Finding: The first hearing by the City of Sisters Planning Commission was held on
November 20, 2003. Notice was sent to the County on October 31, 2003, providing 18
days notice to the County considering likely mail delivery. This standard was not met.
However, County staff was aware of the proposed changes as far back as October 16,
2003 when they received a draft of the proposed changes to Title 21. Therefore, the
intent of this requirement has been met.
(3) All proposed amendments with the UUGA shall be submitted to the Sisters Urban
Area Planning Commission for public hearing and recommendations to the Board of
County Commissioners. Those of Countywide impact shall also be submitted to the
County Planning Commission.
Finding: The proposed amendment was submitted to the Sisters Area Planning
Commission on November 20, 2003. The Sisters Area Planning Commission
recommended these changes to the City of Sisters City Council and Deschutes County
Planning Commission and Board of Commissioners. The City of Sisters City Council
held a public hearing on Title 21 and recommended the proposed Title 21 to the
Deschutes County Board of Commissioners at their January 8, 2004 meeting.
(4) The City shall transmit all records of the proceedings before the Sisters Urban Area
Planning Commission to the County within five (5) working days of transmittal of the
recommendation to the County.
Finding: This requirement has been met. The final recommendation from the Sisters
Urban Area Planning Commission was finalized February 19, 2004, and the minutes from
the November 20, 2003 Sisters Urban Area Planning Commission hearing were also sent
to the County on February 19, 2004.
(5) No text amendment shall be effective within the UUGA unless it is adopted by the
Board of County Commissioners. The County agrees to set a hearing date within ninety
(90) days of receipt of a recommendation for the Sisters Urban Area Planning
Commission for all ordinances prepared in County format.
(6) The City staff shall provide primary staff support to the Board on all UUGA text
amendments.
Finding: The ordinance has been prepared in County format to County specifications and
will be presented to the Board of County Commissioners on February 4, 2004. The
hearing is within the required 90 day time frame. City staff will provide support to the
Board as needed.
PAGE 3 of 15 - EXHIBIT "S" TO ORDINANCE NO. 2004-004 (2/25/04)
(7) The City staff shall prepare ordinances in County format for adoption by the Board.
Finding: The County's ordinance format standards have been applied to the proposed
ordinance included herein.
(8) The Sisters City Council shall review and comment on the Planning Commission's
recommendations to the Board of County Commissioners for proposed text amendments
within the UUGA prior to transmittal to the County.
Finding: The City Council held a hearing on the Planning Commission's
recommendations on January 8, 2004. The Sisters City Council accepted the City
Planning Commissions recommendation and also recommended the proposed Title 21 to
the County Board of Commissioners.
(9) The provisions of Title 22, the Deschutes County Development Procedures
Ordinance shall be followed for notice and hearing requirements.
Finding: As shown below under the section "Title 22", this standard has, and will be
met.
(10) The City shall hold a hearing for the purpose of amending the City ordinance to
adopt a parallel provision. City and County may hold joint hearings. Any issues between
City and County shall be worked out between the governing bodies.
Finding: A "parallel provision" is not proposed, nor applicable to the proposed changes.
Title 22 (applicable standards)
22.24.010. Filing of staff report for hearing.
B. A staff report shall be completed seven days prior to hearing...
Finding: The first staff report was completed on Thursday, November 13, 2003, a week
prior to the City of Sisters Planning Commission hearing scheduled for November 20,
2003. This version of the staff report was completed on February 3, 2004 to include
updated and improved references on behalf of the Deschutes County Board of
Commissioners.
22.24.030. Notice of hearing or administrative action.
A. Individual Mailed Notice...
B. Posted Notice...
Finding: There are many specific standards for mailed and posted notice. These are
omitted here for brevity since these do not apply because there are no specific affected
properties. There are no third party applicants, affected owners of property, nor other
subject properties.
PAGE 4 of 15 — EXHIBIT "S" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "S"
C. Published Notice. In addition to notice by mail and posting, notice of an initial
hearing shall be published in a newspaper of general circulation in the County at least 20
days prior to the hearing.
Finding: Public notices appeared in the Wednesday, November 5, 2003 Nugget and the
November 3, 5, and 7, 2003 issues of the Bend Bulletin. Notices were also posted at the
Sisters Post Office on October 31, 2003. Notice did not meet the County's requirements
by three days. While this standard was not met staff finds that sufficient notice was
provided and future hearings will also be well published in local newspapers, meeting the
intent of this requirement.
In addition, public notice was provided for the January 8, 2003 Sisters City Council
hearing on the proposed changes. This public notice was published in the December 24,
2003 issue of the Nugget newspaper. Notices for the Deschutes County Board of
Commissioners hearing was done by the Deschutes County Community Development
Chapter 21.72. AMENDMENTS
21.72.010. Amendments.
21.72.020. Standards for zone change.
21.72.030. Record of amendments.
21.72.040. Resolution of intent to rezone.
21.72.010. Amendments.
DCC Title 21 may be amended by changing the boundaries of districts, or by changing
any other provisions thereof as set forth in DCC 21.72. The procedures for text or
legislative map changes shall be as set forth in DCC 22.12. A request by a property
owner for a quasi judicial map amendment shall be accomplished by filing an application
on forms provided by the Planning Department and shall be subject to applicable
procedures of DCC Title 22.
(Ord. 95 050 § 30, 1995; Ord. PL 17 § 23, 1979)
Finding: This is a legislative text amendment initiated by the City of Sisters. All
proposed deletions either delete code text which is inconsistent with the intended use of
the unincorporated areas as holding zones for urban development, or are no longer
applicable because particular uses/requirements have been deleted.
PURPOSE OF SPECIFIC CHANGES TO TITLE 21
Findings:
Exhibit A, page 4. The purpose of the deletion of text defining "District" is that no R or I
Districts are a part of the proposed Title 21 Code. Therefore, references to R and I are no
longer needed and are proposed to be deleted.
PAGE 5 of 15 — EXHIBIT "S" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "S"
Exhibit A, page S. The purpose of changing the definition of "height of building" is to
bring the definition of building height in the Urban Reserve Area into conformance with
the adopted City of Sisters Development Code. With the proposed change, "height of
building" will be measured the same within the City and outside the City but inside the
UGB. This consistency will insure that any development of structures in the
unincorporated Urban Reserve Area prior to annexation will not be higher than
development that will likely occur on the parcel once annexed into the city. Once a
property developed according to the proposed Title 21 is annexed into the city, any
development that occurs on the property will be more compatible with the existing
buildings and solar access will also be improved. Many residents of the City have
provided written and oral testimony that buildings developed to the County's existing
definition of height are incompatible with development according to the City -adopted
definition, and the proposed change reduces the opportunity for development in rural
areas under Title 21 to be incompatible with future development according to City
development codes.
Exhibit B, page 1. The purpose of deleting all zones except FP, LM, UAR-10, and OA is
to make the intended use of the unincorporated urban area a holding zone for future
development consistent with the City's Comprehensive Plan. The zones that are selected
to remain applicable in Title 21 limit the intensity of development in the unincorporated
area and protect these lands for development at urban densities once annexed. It is more
efficient and less costly to provide roads, sewer, water, and other infrastructure to
compact urban development than rural development and once lands are developed at
lower residential densities it is less likely that it will redevelop at higher densities in a
manner that is efficient. The proposal prevents this inefficiency by reducing the
opportunities for land to develop at semi -urban levels (R, RH, CH, CG, CI, IL), and
keeping unincorporated lands in large, developable 10 -acre parcels.
Illustrating the importance of this approach, the "American Planning Association and its
Chapters support regulations that support land reuse and require new urban growth to be
coordinated with the provision of urban infrastructure capacity" (APA Policy Guide on
Smart Growth, adopted April 14, 2002). Further, "the benefits of locating new urban
growth in existing urban and urban -adjacent areas include preserving farmland,
increasing urban densities, utilizing existing infrastructure capacity, and reducing public
infrastructure costs." (APA Policy Guide on Smart Growth, adopted April 14, 2002).
Because public infrastructure is not available to developments in the unincorporated area,
less efficient development will occur in the unincorporated area without the proposed
changes. Preserving the unincorporated areas for future urban development by removing
zones allowing less efficient development (RS, RH, CH, CG, CI, IL) will result in more
compact urban development once annexed, will reduce the need for future urban
expansions on farm and forest land.
Exhibit D, page 1. A number of uses in the Urban Area Reserve Zone, UAR-10 are
proposed for deletion. These include dude or guest ranch, livestock sales yard,
PAGE 6 of 15 — EXHIBIT "S" TO ORDINANCE NO. 2004-004
EXHIBIT "S"
commercial livestock feeding yard, mining, quarrying (or other extractions, processing or
refining of ore or other natural resource material), cemeteries and mausoleums,
crematories, columbariums, and mortuaries within cemeteries (provided that no mortuary
or crematorium is within 100 feet of a boundary street, or where no street borders the
cemetery, within 200 feet of a lot in a residential district), churches, community
buildings, lodges, and fraterial organizations (except those carried on as a business for
profit), public, parochial, and private schools (but not including businesses, dancing,
trade, technical or similar schools), parks and recreation facilities, fire stations, libraries,
museums (but not including storage or repair yards, warehouses, or similar uses),
recreation facility (public or private; but not including such intensive commercial
recreation uses as a race tract or amusement park).
Each of the uses proposed to be deleted take up significant land areas and, if developed,
will reduce the opportunity for efficient residential land uses and future subdivision.
Uses such as livestock sales yard, commercial livestock feeding yard, mining, quarrying
are also not compatible with adjacent residential development contemplated in the
unincorporated urban area. Churches are conditional uses in the City's residential and
commercial zones, and outright permitted uses in the City's Urban Area Reserve.
According to the City's Economic Buildable Lands Inventory, the City has a surplus of
commercially -zoned land and many opportunities for church development in the City.
Currently, there are no properties in the unincorporated urban area so the proposed
changes do not reduce any existing development rights. Also, the uses that are proposed
for deletion are uses that are easily and outright permitted within the rural areas of
Deschutes County, and many are outright permitted uses inside the City limits of Sisters.
The development opportunities afforded by including properties inside the UGB, but
outside the City, and thus regulated by Title 21, far outweigh the loss of development
opportunities created by deleting the proposed uses.
Exhibit O. Numerous provisions applying to special uses are proposed for deletion,
including automobile service station minimum standards, churches, other religious
institutions or hospitals, community buildings, social halls, fraternal organizations and
clubs, nursery schools and kindergartens, housing for the elderly and nursing homes, and
mobile home parks. Each of these uses are no longer permitted in the unincorporated
urban area under the proposal, thus eliminating the need for provisions applying to these
uses. Housing for the elderly and nursing homes is essentially a residential use and will
be permitted accordingly.
Exhibit P. Likewise, site plan approval requirements for uses no longer allowed in the
unincorporated urban area are proposed for deletion. These include site plan approvals
for multi -family dwellings, planned unit developments, mobile home parks, commercial
zones, commercial industrial zones, and industrial zones. The "required minimum
standards" for private and shared outdoor recreation areas in residential developments
and landscaping requirements for multi -family commercial and industrial developments
are also proposed for deletion because such developments would no longer be allowed in
the unincorporated urban area.
PAGE 7 of 15 — EXHIBIT "S" TO ORDINANCE NO. 2004-004 (2/25/04)
EXHIBIT "S"
Exhibit Q. Off-street parking and loading requirements which no longer apply because
the uses requiring the parking/loading are no longer permitted in the unincorporated
urban area are proposed for deletion. Specifically, commercial and industrial uses would
no longer be permitted in the unincorporated urban area, so standards regulating the
development of parking and loading areas pertaining to these uses are no longer needed.
For the same reason, requirements establishing the number of parking spaces required for
uses no longer allowed in the unincorporated urban area are also proposed for deletion.
The uses proposed for deletion include multi -family dwellings, apartments, hotels,
boarding houses, quad or quints, commercial residential uses, institutions and places of
public assembly, commercial amusements, and all commercial and industrial uses. Since
these uses are no longer allowed, parking requirements for such uses are also proposed
for deletion from Title 21.
21.72.020. Standards for zone change.
The burden of proof is upon the applicant. The applicant shall in all cases establish:
A. Conformance with the Comprehensive Plan.
Finding:
The applicable Comprehensive Plan is the current adopted and acknowledged Sisters
Urban Area Comprehensive Plan, July 1979. This plan was adopted by Ordinance 118
on September 20, 1979 and acknowledged by LCDC on February 1982.
Relevant goals, objectives, and policies from the acknowledged plan are provided below
to demonstrate how the proposal complies. The plan language is in italics and findings
related to the plan language are in normal font.
PART V COMPREHENSIVE PLANPROPOSALS, FINDINGS AND POLICIES
LAND USE ELEMENT
OPEN LANDS
Findings
1. Agriculture: Agricultural land within the Urban Growth Boundary is limited to
grazing and is considered marginal and uneconomical for general agricultural
production. Such lands are located adjacent to the present city limits. These areas will
be held in "urban reserve " according to established urbanization policies.
Finding: The existing code provisions are amended as proposed to allow any
unincorporated lands brought inside the UGB to only be zoned "urban area reserves".
Policies
1. Agricultural lands within the Urban Growth Boundary shall be maintained and used
as "urban reserve" areas until such time as needed for urban expansion pursuant to
established urbanization policies.
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Finding: As part of a likely urban expansion proposal associated with the update and
adoption of the Sisters Urban Area Comprehensive Plan, some lands now used for
agricultural purposes would be included in the UGB. These lands would be classified as
"urban reserve" (UAR-10) until annexed and urbanized. Lands currently used for
agricultural purposes that are proposed for inclusion in the Sisters UGB would be zoned
urban reserve (UAR-10) until they are needed for urban expansion pursuant to
established urbanization policies. Therefore, the proposal is consistent with this policy.
RESIDENTIAL AREAS
Policies
8. Residential development standards within the Urban Growth Boundary shall be the
same for areas of similar densities or topographic conditions, both inside and outside the
city.
Finding: The proposed changes to Title 21 will keep lands outside the City limits in low
density residential development with very limited opportunities for higher density
residential or commercial uses until such time as those lands are annexed into the City
limits. Land uses on parcels regulated by Title 21 will be the same as the areas of similar
densities outside the UGB until annexation. The proposal is consistent with this policy
by preserving rural densities on the urban fringes.
21. Certain private recreational uses such as riding stables should be permitted in
residential areas provided the location, design and operation are compatible with
surrounding residential developments.
Finding: The proposal will allow riding stables on UAR-10-zoned lands, a use not
incompatible with future residential development as established by this policy.
ENERGY CONSER VA TION
GOAL: To manage land uses in a manner to maximize the conservation of all forms of
energy, based upon sound economic principles.
Findings:
S. Low density and/or scattered development is not energy efficient.
Finding: The proposal requires very low density development (one dwelling unit per 10
acres and few commercial uses) until annexation. The current Title 21 allows higher
density development than the proposal, but less dense development than would be
achieved by development consistent with the current City code. It is important to
consider that the lands inside the unincorporated urban area subject to Title 21 are
ultimately intended for inclusion into the city limits. The proposed changes to Title 21
are to maximize the opportunity for lands to be fully developed according to the City's
standards, not the County's.
The City's Development Codes require much more efficient use of land than the current
Title 21 and as properties are annexed, subsequent development will be a higher density
PAGE 9 of 15 — EXHIBIT "S" TO ORDINANCE NO. 2004-004 (2/25/04)
MM _I. M
than is allowed under the current Title 21. For example, the current Urban High Density
District — RH, a maximum of 10 units per gross acre applies to residential development.
According to the City's Development Code, the high density residential district requires
10-24 units per gross acre. The comparison is the similar for the standard residential
zones.
This proposal reduce the opportunity for long-term or end-use low-density development
within the unincorporated areas compared to the level and density of development
required when a property is annexed. Since this proposal prevents low density
development prior to annexation compared to urban development once annexed, it is
conserving more energy by discouraging "low density and/or scattered development"
which is "not energy efficient".
Policies:
9. To eliminate energy waste in the provision of public services (school bus, fire
protection, utilities, and transportation), development within the urban growth boundary
must be orderly and "leapfrogging" shall be avoided where possible.
Finding: With this proposal, the development potential of unincorporated lands will be
diminished, reducing the potential for "leapfrog" development. For example, under the
current Title 21 code, unincorporated lands could be developed at much higher densities
than would be allowed under the proposal. With the proposed changes to Title 21, higher
density development (greater than 1 dwelling unit per 10 acres, for example), is not
possible until annexation. This alone demonstrates that "leapfrog" development is less
likely with the proposed changes than the current Title 21 code, and meets the intent of
this policy.
URBANIZATION
To provide for an orderly and efficient transition from rural to urban land use.
To assure that the timing for growth is commensurate with the ability of the community to
provide public services.
Finding: The proposal meets the urbanization goals of the Comprehensive Plan by
providing urban reserves for future urban use. The proposed code accomplishes this goal
better than the current Title 21 code by reducing the development potential within the
unincorporated area. The proposal will result in an orderly and efficient transition from
rural to urban by keeping parcels in mostly rural/low density use until annexation and full
urbanization are possible. This proposal also takes into consideration the timing of
adding to the supply of the City's developable land base. By making the unincorporated
areas "urban reserves" this land is not immediately fully developable. This means that
more time will likely pass before these lands are urbanized compared with the current
code. During this time, demand can be met through infill and the development of
existing urban lands. Also, with rigorous City annexation requirements, public utilities
will be required "to and through" as a part of development and development will not
occur unless all development impacts are mitigated. This is much different than the way
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the unincorporated areas function under the current Title 21, where development could
occur without public service extensions.
B. Conformance with all applicable statutes.
Finding: Applicable statutes are incorporated into the Deschutes County and City of
Sisters Code, as well as the Joint Management Agreement. As shown by this staff report,
staff finds this proposal meets the standards in the local codes and is therefore consistent
with applicable statutes.
C. Conformance with statewide planning goals whenever they are determined to be
applicable.
Finding: This proposal in consistent with the planning goals to allow for the orderly
transition of lands and the economic and efficient provision of City services. Goal 14 and
the "urbanization factors" are below in italics.
Goal 14: Urbanization. To provide for an orderly and efficient transition from rural to
urban land use.
....Land within the boundaries separating urbanizable land from rural land shall be
considered available over time for urban uses. Conversion of urbanizable land to urban
uses shall be based on consideration of (1) Orderly, economic provision for public
facilities and services, (2) Availability ofsufficient land for the various uses to insure
choices in the marketplace; (3) LCDC goals or the acknowledged comprehensive plan;
and, (4) Encouragement of development within urban area before conversion of
urbanizable areas.
This proposal is consistent with Goal 14. The purpose changing Title 21 is to create an
effective holding or "reserve area" for future urban development. The current language
of Title 21 does not accomplish this end because it allows development of urban type
uses and densities without corresponding public infrastructure, and does so inconsistent
with the City's urban development standards. Title 21 provides for an orderly transition
between urban and rural uses by keeping properties in large parcels (10 acres or more)
and not allowing intensive development until annexation. When annexation occurs the
land use will become urban and orderly, economic provision for public facilities will be
required as part of development.
D. That there is a public need for a change of the kind in question.
Finding: The public need for this proposal is the need to be consistent with the Sisters
Urban Area Comprehensive Plan and Statewide Goals. The need stems from the
inconsistency between land uses currently allowed in the unincorporated areas in the
Sisters UGB and land uses that are needed to insure future development is orderly and
efficient. Without the proposed changes, development in the unincorporated portions of
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EXHIBTr "S"
the Sisters UGB will not be as consistent with the City's Comprehensive Plan and
Statewide Goals. This action prevents urban development of land prior to its inclusion
within the Citv of Sisters.
E. That the need will be best served by changing the classification of the particular
piece of property in question as compared with other available property.
Finding: No specific property is impacted by the action. This will apply to future
properties included in the UUGA.
F. That there is proof of a change of circumstance or a mistake in the original
zoning.
Finding: There are no properties currently within this zoning classification. This
standard does not apply.
G. That annexation to the City of Sisters will accompany the zone change.
(Ord. 95 050 § 30, 1995; Ord. PL 17 § 23, 1979)
Finding: There are no properties currently impacted and therefore, no annexation is
required.
21.72.030. Record of amendments.
The signed copy of each amendment to the text and the map of DCC Title 21 shall be
maintained on file in the office of the County Clerk and City Recorder. A record of such
amendments shall be maintained in a form convenient for the use of the public.
(Ord. 95 050 § 30,1995; Ord. PL 17 § 23(5), 1979)
Finding: The City shall comply.
21.72.040. Resolution of intent to rezone.
If, from the facts presented and findings and the report and recommendations of the
Hearings Officer as required by DCC 21.72.040, the County Commission determines that
the public health, safety, welfare and convenience will be best served by a proposed
change of zone, the County Commission may indicate its general approval in principal of
the proposed rezoning by the adoption of a "resolution of intent to rezone." This
resolution shall include any conditions, stipulations or limitations which the County
Commission may feel necessary to require in the public interest as a prerequisite to final
action, including those provisions which the County Commission may feel necessary to
prevent speculative holding of the property after rezoning. Such a resolution shall not be
used to justify spot zoning to create unauthorized zoning categories by excluding uses
otherwise permitted in the proposed zoning.
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Finding: The above requirement does not apply because the proposed changes are
legislative amendments with no proposed specific zone changes.
A. Content of Site Plan. Where a site plan is required pursuant to DCC 21.96, it
shall include location of existing and proposed buildings, structures, accesses, off street
parking and loading spaces and landscaping; existing and proposed topography;
mechanical roof facilities, if subject property is so oriented as to become part of the view
from adjacent properties; architectural perspective, layout and all elevations drawn
without exaggeration except where noted, including locations, area and design of signs,
all landscaping and adjacent streets and facilities.
B. Resolution on Intent Binding. The fulfillment of all conditions, stipulations and
limitations contained in the resolution of intent on the part of the applicant shall make the
resolution binding on the County Commission. Upon compliance with the resolution by
the applicant, the County Commission shall, by ordinance, effect such rezoning.
C. Resolution of Intent Void Upon Failure to Comply. The failure of the applicant to
meet any or all conditions, stipulations or limitations contained in a resolution of intent,
including the time limit placed in the resolution, shall render said resolution null and
void, unless an extension is granted by the County Commission upon recommendation of
the Hearings Officer.
(Ord. 97-048 § 3, 1997; Ord. 95 050 § 30, 1995; Ord. PL 17 § 23(6), 1979)
Finding: There are no site plans included in this proposal, no specific properties.
Chapter 22.12. LEGISLATIVE PROCEDURES
22.12.010. Hearing required.
22.12.020.
Notice.
22.12.030.
Initiation of legislative changes.
22.12.040.
Hearings Body.
22.12.050.
Final decision.
22.12.060.
Corrections.
22.12.010. Hearing required.
No legislative change shall be adopted without review by the Planning Commission and a
public hearing before the Board of County Commissioners. Public hearings before the
Planning Commission shall be set at the discretion of the Planning Director, unless
otherwise required by state law.
(Ord. 90 007 § 1, 1990)
Finding: A Sisters Urban Area Planning Commission hearing was held November 20,
2003. The Sisters Urban Area Planning Commission recommended the proposed
changes to the Board of County Commissioners. The Deschutes County Planning
Commission recommended the proposed changes to Title 21 at their hearing on January
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EXHIBIT "S"
8, 2003. A hearing before the Board of County Commissioners was held on February 4,
2004 and another scheduled for February 25, 2004.
22.12.020. Notice.
A. Published Notice.
1. Notice of a legislative change shall be published in a newspaper of general
circulation in the county at least 10 days prior to each public hearing.
2. The notice shall state the time and place of the hearing and contain a
statement describing the general subject matter of the ordinance under
consideration.
Finding: Appropriate notice was sent to the Bulletin and Nugget, staff shall monitor for
publication and provide affidavit for the file. All required information was included.
Planning staff sent notice to newspapers of general circulation in the City and beyond.
Public notices appeared in the Wednesday, November 5, 2003 Nugget and the November
3, 5, and 7, 2003 issues of the Bend Bulletin. Notices were also posted at the Sisters Post
Office.
In addition, public notice for the January 8`h, 2004 Sisters City Council hearing was
placed in the Nugget on December 201, meeting this standard.
Notice was also provided for the Board of Commissioners hearing on February 4, 2004
by the Deschutes County Community Development Department.
B. Posted Notice. Notice shall be posted at the discretion of the Planning Director
and where necessary to comply with ORS 203.045.
Finding: There is no specific property to be posted. Posting shall be at the Sisters Post
Office. A posting for the Sisters City Council January 8, 2004 hearing was placed on
January 5, 2004.
C. Individual Notice. Individual notice to property owners, as defined in DCC
22.08.010(A), shall be provided at the discretion of the Planning Director, except
as required by ORS 215.503.
Finding: There are no individual property owners as defined by the code.
D. Media Notice. Copies of the notice of hearing shall be transmitted to other
newspapers published in Deschutes County. (Ord. 90 007 § 1, 1990)
Finding: Public notices appeared in the Wednesday, November 5, 2003 Nugget and the
November 3, 5, and 7, 2003 issues of the Bend Bulletin. Notices were also posted at the
Sisters Post Office. Additional notices appeared in the December 24, 2004 issue of the
Nugget for the January 8, 2004 Sisters City Council hearing. Notice was also provided
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EXHIBIT "S"
for the Board of Commissioners hearing on February 4, 2004 by the Deschutes County
22.12.030. Initiation of legislative changes.
A legislative change may be initiated by application of individuals upon payment of
required fees as well as by the Board of Commissioners or the Planning Commission.
(Ord. 90 007 § 1, 1990)
Finding: This action is initiated by City of Sisters through its Sisters Urban Area
Planning Commission.
22.12.040. Hearings Body.
A. The following shall serve as hearings or review body for legislative changes in
this order:
1. The Planning Commission.
2. The Board of County Commissioners.
B. Any legislative change initiated by the Board of County Commissioners shall be
reviewed by the Planning Commission prior to action being taken by the Board of
Commissioners. (Ord. 90 007 § 1, 1990)
Finding: The first hearing was before the Sisters Urban Area Planning Commission
scheduled November 20, 2003. The Deschutes County Planning Commission held a
hearing on January 8, 2004. Both Planning Commissions recommended the changes to
Title 21 to the County Board of Commissioners.
22.12.050. Final decision.
All legislative changes shall be adopted by ordinance. (Ord. 90 007 § 1, 1990)
Finding: A draft of the proposed ordinance is attached to the file.
Findings and Conclusions: The Sisters Area Planning Commission, Sisters City
Council, and Deschutes County Planning Commission recommend approval to TA 03-11
based on the foregoing. The recommended text of Title 21 is attached.
PAGE 15 of 15 — EXHIBIT "S" TO ORDINANCE NO. 2004-004 (2/25/04)
J'TEa
gG� `2
o < Deschutes County Board of Commissioners
1130 NW Harriman St., Bend, OR 97701-1947
(541) 388-6570 - Fax (541) 388-4752 - www.deschutes.ore
AGENDA REQUEST AND STAFF REPORT
DEADLINE: The following items must be submitted to the Board's secretary no
later than noon of the Thursday prior to the Board meeting.
• This agenda request form • Maps of the subject property and
• Your staff report general area, if appropriate
• Any relevant backup information • The original documents to be approved
The Board's secretary will route your original documents to Legal Counsel for
approval if necessary. Please do not give your documents directly to Legal Counsel.
All boxes must be completed.
Department/Division: Person Submitting Request: Contact Phone #:
Community Development Damian Syrnyk, Senior Planner 385-1709
Date Submitted: Person to Attend Meeting: Date of Meeting:
February 19, 2004 Damian Syrnyk February 25, 2004
Description of Item (as it should appear on the agenda), and Action Requested:
Consideration and Possible Adoption of Ordinance 2004-004, Regarding Amendments to Title 21 of
the County Code, the Sisters Urban Area Zoning Ordinance.
Background Information (please attach additional pages as appropriate):
The City of Sisters submitted an ordinance text amendment through which it proposes changes to Title 21 of the
County Code, the Sisters Urban Area Zoning Ordinance. The City proposed amendments that repeal certain
chapters, renumber existing chapters, and amend some of the text of the existing chapters. The City's goal is to
retain the Urban Area Reserve Zone so it can be applied to properties included in the city's urban growth
boundary. The Board of Commissioners held a public hearing on this proposal on February 4, 2004. The record
is now closed and the ordinance is before the Board for consideration. A copy of the January 28, 2004 Staff
Report is enclosed and summarizes the proposed changes to Title 21.
Budget Implications:
None
Policy Implications:
The City has requested that the adopting ordinance include an emergency clause. If approved, the
proposed changes would retain the Urban Area Reserve Zone and several chapters.
Distribution of Documents after Approval:
Please distribute a signed copy of the approved ordinance to Damian Syrnyk for notification to the
parties and the Oregon Department of Land Conservation and Development.
Rev. 7-03
j
n Department
Community Development De
� P
Planning Division Building Safety Division Environmental Health Division
....... ... _..
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX(541)385-1764
http://www.co.deschutes.or.us/cdd/
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Damian Syrnyk, Senior Planner 0
DATE: February 19, 2004
SUBJECT: Consideration and adoption of Ordinance 2004-004 (File No. TA -03-11);
proposed amendments to DCC Title 21 for the City of Sisters.
Before the Board for consideration and possible adoption is Ordinance No. 2004-004. The City
of Sisters has proposed changes to Title 21 of the Deschutes County Code, the Sisters Urban
Area Zoning Ordinance. The proposed changes include deleting obsolete chapters,
renumbering existing chapters, and amending the text of the existing chapters of this title. The
City's purpose in proposing these changes is to revise this title so that one of the remaining
zones, the Urban Reserve Zone, can be used as a holding zone for properties included in the
city's urban growth boundary. A copy of the January 28, 2004 Staff Report is enclosed for your
reference.
The Board of Commissioners held a public hearing on Ordinance 2004-004 on February 4,
2004. There was no public testimony at this time and the Board closed the hearing. Staff made
several corrections and technical changes after Legal Counsel's review of the ordinance in
conjunction with city staff. The final version of this ordinance is before the Board for
consideration and possible adoption. The City of Sisters staff requested that the ordinance be
adopted with an emergency clause to ensure the code changes are in place before any
amendments to the city's urban growth boundary are approved and final.
Staff will attend the Board's work session on Monday, February 23, 2004 to present the final
version of the ordinance and to address your questions. Please contact me at extension 1709
or damiansaco.deschutes.or.us if I can be of any assistance.
/DPS
Quality Services Performed with Pride
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX(541)385-1764
http://www.co.deschutes.or.us/cdd/
STAFF REPORT
TO: Deschutes County Board of Commissioners
FROM: Damian Syrnyk, Senior Plann((Q� a `
P Y
DATE: January 28, 2004 ����
SUBJECT: February 4, 2004 Public Hearing on Ordinance 2004-004 (File No. TA -03-11);
Proposed Amendments To DCC Title 21 For the City of Sisters.
Purpose.
This report presents proposed changes to Title 21 of the Deschutes County Code, the Sisters
Urban Area Zoning Ordinance, which will be before the Board for a public hearing on
Wednesday, February 4, 2004. The City of Sisters is the applicant and has submitted an
application for an ordinance text amendment to amend the text of this title. This report presents
the background on the proposed amendments. City planning staff will attend the hearing and
the February 2, 2004 work session to present this matter and to respond to your questions.
Background.
The City of Sisters proposes amendments to the Sisters Urban Area Zoning Ordinance (Title
21) to eliminate zone districts and development standards that are now obsolete. The proposed
amendments will retain an Urban Area Reserve Zone (UAR10) to act as a holding zone for
lands brought into the city's urban growth boundary (UGB). The City's goal is to have an urban
area reserve zone in place at such time it includes additional lands within its UGB for future
urban development.
Title 21 regulates the use and development of land outside the city limits of Sisters and inside its
urban growth boundary. The current code includes residential, commercial, and industrial
zones with corresponding use and development regulations. The County administered this
ordinance until 1999. This ordinance is now obsolete because the City annexed all the land
within its urban growth boundary (UGB) in 1999. Currently, there are no lands regulated by Title
21 because the city limits and UGB are the same. In addition, the City has updated its
development code and re -written its use and development regulations for the residential,
commercial, industrial, and public facility zones within the city limits and urban growth boundary.
The City's goal is to retain the UAR10 Zone and apply it to properties brought into the city's
UGB. The UAR10 Zone, as amended, will act as a holding zone until such time as an owner of
such a parcel submits a proposal for a plan amendment and zone change in conformance with
the updated comprehensive plan and City of Sisters Development Code. The proposed
Quality Services Performed with Pride
changes to the UAR10 Zone include deletion of certain allowed uses that could be incompatible
with future urban development.
The City of Sisters is currently engaged in a public process for updating its comprehensive plan.
One of the proposed elements of this updated plan is an amendment to the UGB to add
approximately 134 acres of land for meeting the city's needs for residential lands. This
amendment includes seven parcels of land that would be included in the UGB, and rezoned to
Urban Area Reserve (UAR10) under Title 21. These parcels would remain in the UGB and
zoned UAR10 until an owner of one of the subject parcels submitted an application for a plan
amendment and zone change. At the time of annexation, the property would be zoned for
urban uses in conformance with the City's comprehensive plan and development code. The
City of Sisters requires a vote of the city's electorate on an annexation proposal.
Proposal.
The proposed amendments to Title 21 are reflected in the exhibits to Ordinance 2004-004. The
City also provided a set of findings in support of the proposed amendments See Enclosure #1).
In addition to this report, Staff has prepared a table that outlines the proposed changes to Title
21 See Enclosure #2). The proposed amendments to Title 21:
• Eliminate the urban residential, commercial, light industrial, and urban area reserve- 2
1/2 (LIAR 2.5) zones;
• Eliminate the standards for planned unit developments and landscaping for urban
development;
• Retain the Urban Area Reserve -10 (UAR10) Zone with changes so that it can function
as a holding zone, and;
• Renumber existing chapters, including but not limited to, the city's Flood Plain Zone,
Airport Overlay Zone, and use regulations (e.g. conditional uses).
Recommendation.
The County Planning Commission conducted a public hearing on the proposed amendments on
January 8, 2004. The Planning Commission closed the hearing on this date and voted
unanimously to forward the amendments to the Board with a recommendation of approval. The
City of Sisters Planning Commission also reviewed the proposed amendments during a public
hearing in November of last year. The City of Sisters has requested the Board adopt this
ordinance with an emergency clause to ensure that the ordinance regulations are in effect at the
time that the proposed amendments to the city's UGB become effective.
Enclosures.
1. City of Sisters Findings.
2. Proposed Amendments to Title 21 (Table)
3. Ordinance 2004-004, including Exhibits A through S
4. Proposed City of Sisters Zoning Map, including Additions to Urban Growth Boundary
/DPS