43-848-Ordinance No. PL-5 Recorded 9/20/1982Proposed
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DESCHUTES COUNTY
Z 0 N I N G 0 R D I N A N C E No. PL-5
Note of Explanation
This draft of the proposed zoning ordinance for Deschutes County has been
prepared as part of the countys comprehensive planning program. It is
prepared in recognition of Oregon law requiring county zoning and more
particularly in recognition of those pertinent policy objecti,Ws and
recommendations of the adopted Comprehensive Plan for Deschutes County.
The draft incorporates those policies and objectives already concluded
by the Citizens Advisory Committee which underlie the Comprehensive
General Plan and deals more specifically with the technical aspects of
land use regulation needed to protect and enhance the environment. It
further incorporates those applicable provisions of the Deschutes County
Subdivision Ordinance.
The preparation of this report was financed in part through an urban
planning assistance grant from the U. S. Department of Housing and Urban
Development under the provisions of Section 701 of the Housing Act of
1954, as amended.
Prepared by: Deschutes County Planning Commission
Lorin D. Morgan, Planning Director
Grunwald, Crawford & Associates
City & Regional Planning Consultants
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September, 1970
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TABLE OF CONTENTS
ARTICLE 1. INTRODUCTORY PROVISIONS 1
Title, Purpose, Definition
ARTICLE 2.
BASIC PROVISIONS
6
Compliance
Classification of Zones
Official Zoning Maps, Zone Boundaries
Authorization of Similar Uses
Interpretation, Severability
Zones in Relation to the Comprehensive Plan
Use Zone Parcel Size Designation
ARTICLE 3.
USE ZONES .
R-1 URBAN RESIDENTIAL SINGLE-FAMILY ZONE
8
R-2 URBAN RESIDENTIAL MULTI-FAMILY ZONE
10
SR-1 SUBURBAN RESIDENTIAL ZONE .
13
RR-1 RURAL RECREATION RESIDENTIAL ZONE
15
A-1 EXCLUSIVE AGRICULTURAL ZONE
17
A-2 GENERAL AGRICULTURAL ZONE
18
A-S RURAL SERVICE CENTER ZONE
19
C-1 TOURIST COMMERCIAL ZONE
20
C-2 GENERAL COMMERCIAL ZONE
22
M-1 LIGHT INDUSTRIAL ZONE
24
M-2 HEAVY INDUSTRIAL ZONE .
27
M-R INDUSTRIAL RESERVE ZONE.
29
ARTICLE 4.
SPECIAL USE ZONES
PD PLANNED DEVELOPMENT ZONE
31
SC SCENIC CORRIDOR ZONE
33
FP FLOOD PLAIN-20NE .
34
AA AIRPORT APPROACH ZONE
35
ARTICLE 5.
SUPPLEMENTARY REGULATIONS
36
Home Occupations
Minimum Lot Frontage
Clear-Vision Area Requirements
Off-Street Parking
Design and Improvement Standards for Parki ng 'Lots .
ARTICLE 6.
EXCEPTIONS
40
Projections from Buildings
Lot Size and Yard Requirements
Building Height Limitations.
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Page•
CONDITIONAL USES 41
Authorization, Application
Public Hearing, Notification of Action
Standards Governing Conditional Uses
ARTICLE 8.. NONCONFORMING USES 44
Continuation of a Nonconforming Use
Discontinuance of a Nonconforming Use
Change, Destruction, Completion
ARTICLE 9.
VARIANCES
45
Authorization
Circumstances for Granting a Variance
Application, Public Hearing, Notification
ARTICLE 10.
AMENDMENTS . •
.
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46
Amendments
Initiate
Authorization to
Public Hearing on an Amendment
Record of Amendments
ARTICLE 11.
ADMINISTRATIVE PROVISIONS
47
Administration
Appeal from Ruling of the Planning Commission
Notice ofPublic Hearing
Time Limit on Conditional Use, Variance, Zone Change
ARTICLE 12.
REMEDIES .
49
Penalty, Enforcement
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ZONING ORDINANCE
ORDINANCE NO. PL-5 04c; S~'eY " 0 y~8~
County of Deschutes, Oregon 1✓T Pq~
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AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF ZONING REGULATIONS FOR,
PORTIONS OF THE UNINCORPORATED AREA OF DESCHUTES COUNTY, OREGON.
THE COUNTY OF DESCHUTES, OREGON, ORDAINS AS FOLLOWS:
ARTICLE 1. INTRODUCTORY PROVISIONS
SECTION 1.010 Title. This ordinance shall be known as the Zoning Ordinance
of the County o-Deschutes, Oregon.
SECTION 1.020 Purpose. The purposes of this ordinance include the following:
1. To promote the orderly growth of Deschutes County.
2. To protect and enhance the environment.
3. To conserve and stabilize the value of property.
4. To reduce excessive traffic congestion.
5. To prevent overcrowding of land by establishing standards for population
density.
6. To provide adequate open space for light and air.
7. To conserve natural resources.
8. To encourage the most appropriate use of land.
9. To prevent water and air pollution.
10. To facilitate fire and police protection.
11. To provide for community facilities.
12. To promote and protect the public health, safety, convenience, and
general welfare and to carry out the Comprehensive General Plan of
Deschutes County.
SECTION 1.030 Definitions. As used in this ordinance the following words
and phrases shall mean as follows:
1. ACCESSORY USE OR ACCESSORY STRUCTURE: A use or structure incidental
and subordinate to the main use of the property and located on the
same lot as the main use.
2. ALLEY: A street which affords only a secondary means of access to
property.,
3. AUTOMOBILE WRECKING YARD: A premises used for the storage or sale
of used automobile or truck parts or for the storage, dismantling,
or abandonment of junk, obsolete automobiles, trailers, trucks,
machinery, or parts thereof.
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4. BUILDING: A structure built for the support, shelter, or
enclosure of persons, animals, chattels, or property of any kind.
5. DWELLING, MULTI-FAMILY: A building or portion thereof, designed
for occupancy by three or more fami..lies living independently of
each other.
6. DWELLING, SINGLE-FAMILY:, A detached building containing one
dwelling unit and designed for occupancy by one family only.
7. DWELLING, TWO-FAMILY; A detached building containing two dwelling
units and designed for occupancy by two families.
8. DWELLING UNIT: One or more rooms in a building designed for
occupancy by one family and having not more than one cooking
facility.
9. FAMILY: An individual or two or more persons related by blood,
marriage, legal adoption, or legal guardianship, living together
as one housekeeping unit using one kitchen, and providing meals
or lodging to not more than two additional persons, excluding
servants; or a group of not more than five unrelated persons
living together as one housekeeping unit using one kitchen.
10, FARMING: 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 market-
ing or otherwise, of products raised on the premises. It further
includes the construction and use of dwellings and other buildings
customarily provided in conjunction with a farm use.
11. HEIGHT OF BUILDING: The vertical distance from the grade to the
highest point of the coping of a flat roof, to the deck line of
a mansard roof, or to the center height between the highest and
lowest points on other types of roofs.
12, HOME OCCUPATION: A lawful occupation carried on by a resident of
a dwelling as an accessory use within the same dwelling.
13. JUNK YARD: Primary or accessory use of a parcel of land for the
storage, dismantling or selling of cast-off or salvage material
of any sort in other than the original form in which it was manu-
factured and/or assembled and not including reconditioned second-
hand furniture or fixtures sold from within-a walled building.
14. KENNEL: A lot or building in which four or more dogs, or cats,
at least four months of age are kept commercially for board,
propagation, training, or sale.
15. LIVESTOCK: Domestic animals of types customarily raised or kept
on farms for profit or other purposes.
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LIVESTOCK FEEDING YARD (feedlot): An enclosure designed or used
for the purpose of the concentrated feeding or fattening of live-
stock for marketing.
17. LIVESTOCK SALES YARD: An enclosure or structure designed or used
for holding livestock for purposes of sale oe transfer by auction,
consignment, or other means.
18. LOT: A parcel or tract of land.
19. LOT AREA: The total horizontal area within the lot lines of a lot
exclusive of streets,and easements of access to other property.
20. LOT, CORNER: A lot abutting on two or more streets other than an
alley, at their intersection.
21. LOT LINE: The property line bounding a lot.
22. LOT LINE, FRONT The lot line separating the lot from the street
other than an alley, and in the case of a corner lot, the shortest
lot line along a street other than an alley.
23. LOT LINE, REAR: The lot line which is opposite and most distant
from the front lot line. In the case of an irregular, triangular,
or other shaped lot, a line 10 feet in length within the lot
parallel to and at a maximum distance from the front lot line.
24. LOT LINE, SIDE: Any lot line not a front or rear lot line.
25. LOT WIDTH: The average horizontal distance between the side lot
lines, ordinarily measured parallel to the front lot line.
26. NONCONFORMING STRUCTURE OR USE. A lawful existing structure or
use at the time this ordinance or any amendment thereto becomes
effective, which does not conform to the requirements of the zone
in which it is located.
27. OWNER: An owner of property or the authorized agent of an owner.
28. PERSON: Every natural person, firm, partnership, association,
social or fraternal organization, corporation, trust, estate,
receiver, syndicate, branch of government, or any group or combina-
tion acting as a unit.
0.
29. PUBLIC USE: A structure or use intended or used for a public purpose
by a city, a school district, the county, the state, or by any other
public agency or by a public utility.
30. SEMI-PUBLIC USE: A structure or use intended or used for a semi-
public purpose by a church, lodge, club, or any other non-profit
organization.
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31. SIGN: An identification, description, illustration, or de vi ce
which is affixed to or represented, directly or indirectly, upon
a building, structure, or land, and which directs attention to a
product, place, aciti,vty, person, institution, or business.
32. STREET A public right-of-way for vehicular and pedestrian traffic.
33. STRUCTURE: Something constructed or built and having a fixed base
on, or fixed connection to, the ground or another structure.
34. TRAILER HOUSE: A vehicle or similar portable device originally
designed or presently constructed to 'permit human occupancy for
living or sleeping purposes:
35. MOBILE HOME: A trailer house not less than 32 feet in body length
designed for long term occupancy and containing a flush toilet, a
tub or shower bath, and kitchen facilities with water supply,
electrical supply and sewage disposal connected to outside systems.
36. TRAILER PARK. A lot upon which two or more trailer houses occupied
for living or sleeping purposes are located, regardless of whether
a charge is made for such accommodations.
37. USE: The purpose for which land or a structure is designed,
arranged, or intended, or for which it is occupied or maintained.
38. YARD: An open space on a lot which is unobstructed from the ground
upward except as otherwise provided in this ordinance.
39. YARD, FRONT: A yard between side lot lines and measured horizontally
at right angles to the front lot line from the front lot line to the
nearest point of a building. Any yard meeting this definition and
abutting on a street other than an alley, shall be considered a front
yard.
40. YARD, REAR: A yard between side lot lines and measured horizontally
at right angles to the rear lot line from the rear lot line to the
nearest point of a building.
41, YARD, SIDE: A yard between the front and rear yard measured horiz-
ontally at right angles from the side lot line to the nearest point
of a building.
42. YARD, STREET SIDE: A yard adjacent to a street between the front
yard and rear lot line measured horizontally and at right angles
from the side lot line to the nearest point of a building.
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StCTION 1.040 Administrative Terminology and Construction
1. Terminology: The word "County" shall mean the County of Deschutes,
Oregon. The words "County Commission" shall mean the Board of
County Commissioners of the County of Deschutes. The words
"Planning Commission" and "Commission" shall mean the Planning
Commission duly appointed by the Board of County Commissioners.
The words "Planning Director", "County Roadmaster", "County
Sanitarian", "County Surveyor", "Tax Collectbr", and "Assessor"
shall mean the Planning Director, County Roadmaster, County
Sanitarian, County Surveyor, Tax Collector and Assessor of the
County of Deschutes.
2. Construction: Words used in the present tense include the future
tense; words used in the singular include the plural, and words
used in the plural include the singular; the word "shall" is
mandatory; the word "may" is permissive; the masculine shall
include the feminine and neuter.
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ARTICLE 2 BASIC PROVISIONS
SECTION 2.010 Compliance. A lot may be used and a structure or part of a
structure constructed, reconstructed, altered, occupied, or used only as
this ordinance permits.
SECTION 2.020 Classification of Zones. For the purposes of this ordinance
the following zone classifications are hereby established:
Zone
Abbreviated Designation
URBAN RESIDENTIAL SINGLE-FAMILY ZONE R-1
URBAN RESIDENTIAL MULTI-FAMILY ZONE R-2
SUBURBAN RESIDENTIAL ZONE SR-1
RURAL RECREATION RESIDENTIAL ZONE RR-1
EXCLUSIVE AGRICULTURAL ZONE........ A-1
GENERAL AGRICULTURAL ZONE A-2
RURAL SERVICE CENTER ZONE A-S
TOURIST COMMERCIAL ZONE C-1
GENERAL COMMERCIAL ZONE C-2
LIGHT INDUSTRIAL ZONE M-1
HEAVY INDUSTRIAL ZONE M-2
INDUSTRIAL RESERVE ZONE M-R
Special Use Zones
PLANNED DEVELOPMENT ZONE PD
SCENIC CORRIDOR ZONE SC
FLOOD PLAIN ZONE FP
AIRPORT APPROACH ZONE AA
A special use zone classification may be applied as the specific use of
property (i.e. FP) or may be applied supplemental to a regular zone
(i.e. R-1 PD; A-2FP; A-1SC; M-1 AA; etc.).
SECTION 2.030 "Official Zoning Maps". The locations and boundaries of zones
listed in this ordinance shall apply to areas for which an "Official Zoning
Map" has been prepared and adopted after public hearing as required by this
ordinance and O.R.S. Ch. 215. At the time an Official Zoning Map may be
adopted, the provisions of this ordinance is thereby incorporated by referrence.
Any changes in zone boundaries shall be made by amendment to the Official
Zoning Map. The Official Zoning Map or its subsequent amendments shall be
dated with the effective date of the ordinance that adopts the map or map
amendments. An Official Zoning Map or its amendment may be prepared by
authority of the Deschutes County Planning Commission pursuant to O.R.S. Ch.215
and recommended, after public hearing, to the Board of County Commissioners
for adoption and filing with the office of the County Clerk.
SECTION 2.040 Zone Boundaries. Unless otherwise indicated on the Official
Zoning Map, zone boundaries are section lines, subdivision lines, lot lines,
or the center lines of streets.
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SECTION 2.050 Authorization of Similar Uses. The Planning Commission may
rule that a use not specifically permitted in a zone shall be permitted in
a zone if it is similar to the permitted uses in the zone, if its effect
on adjacent properties is substantially the same as the permitted uses.
SECTION 2.060 Interpretation. If the conditions imposed by a provision
of this ordinance are less restrictive than comparable conditions imposed
by another provision of this ordinance or of any other County or State
regulation, the provision which is more restrictive-shall govern.
SECTION 2.070 Severabilit The provisions of this ordinance are severable.
If any section, sentence, clause, or phrase of this ordinance is judged by
a court to be invalid, the decision shall not affect the validity of the
remaining portions of this ordinance:.
SECTION 2.080 Zones in.Relation to the Comprehensive Plan. The zones as
listed in this ordinance conform generally to the land use objectives as
generally designated on the Comprehensive Plan. The locations of zones shall
conform to the Comprehensive Plan where practical and where conditions
warrant under the provisions of this ordinance.
SECTION 2.090 Use Zone Parcel "$ize Desi nation. Where an area is required
to have greater lot sizes than the minimum area specified by a zone because
of such reasons as sanitation or topographical conditions, or as may be
requested by property owners of an area, the zone designation symbol shall
be followed by a number designating the lot size which shall be the minimum
parcel size permitted. Numbers less than (100) indicates acres. Numbers
more than (100) indicates square feet. For example, R-1 (12,000) indicates
minimum square feet in an R-1 zone; A-1 (20) indicates minimum acres in an
A-1 zone. Such symbols when applied shall be shown on the Official Zoning
Map when adopted.
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ARTICLE 3. USE ZONES
URBAN RESIDENTIAL SINGLE-FAMILY ZONE R-1
SECTION 3.010 Uses Permitted, Outright. In an R-1 Zone the following uses
and their accessory uses are permitted outright:
1. Farming not including the keeping of livestock.
2. Single-family dwelling.
SECTION 3.015 Conditional Uses Permitted; In an R-1 Zone.the following
uses and their accessory uses are permitted when authorized in accordance
with the provisions of Article 7:
1. Keeping of livestock.
2. Public use.
3. Semi-public use.
4. Two-family dwellings.
5., Planned Development as provided in Section 4.010 of this ordinance.
6. Mobilehome Subdivision pursuant to Section 3.025.
SECTION 3.020 Accessory Uses. In an R-1 Zone, there shall be the following
limitations on accessory uses:
1. There shall be not more than one private garage for each dwelling
.unit and the garage shall not exceed 720 square feet in floor area.
2. There may be home occupations as provided in Section 5.010.
SECTION 3.025 Lot Size. In an R-1 Zone the minimum lot size shall be as
follows:
1. Lot area shall be a minimum of 7000 square feet where both a
community water and sewer system exists. Such lots shall have a
minimum average width of 70 feet and minimum depth of 100 feet.
2. Where a community water system exists but there is no public
sewer system, lot area and soil conditions shall be adequate to
provide a septic tank and drain field in accordance with County
Health Standards or as maybe otherwise determined by the County
Health Department.
3. Where neither a community water system or public sewer system is
available or is being provided, the minimum lot area shall be
one acre (43,560 sq. ft.); provided, however, that there is
adequate soil and area on the lot for the installation of a septic
tank and. drain field.
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SECTION 3.030 Yards. Except as provided in Article 6, in an R-1 Zone.
the minimum yard requirements shall be as follows:
1. A front yard shall be a minimum of 25 'feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map.
2. A side yard shall be a minimum of 5 feet, except that on corner
lots the side yard on the street side shall be a minimum of 15 ft.
3. A rear yard shall be a minimum of 25 feet
SECTION 3.035 Lot Coverage. In an R-1 Zone buildings shall not cover more
than 35 percent o the lot area.
SECTION 3.040 Height of Buildings.. In an R-1 Zone. no buildings shall
exceed a height of 3 feet or two and one-half stories, whichever is lower.
SECTION 3.045 Signs. In an R-1 Zone the following signs are permitted:
1. One name plate or home occupation sign for each dwelling unit.
The sign shall not be more than one and one-half square feet
in area, and shall not be illuminated.
2. One temporary sign advertising the sale, lease, or rental of the
property on which it is located. The sign shall not be more than
six square feet in area, and shall not be illuminated.
3. One temporary sign advertising the sale of a tract of land or
sub-division or of lots in a subdivision. The sign shall not be
more than 64 square feet in area, shall not be illuminated, and
shall be at least 10 feet from a front or side property line
4. One sign identifying a conditional use. The sign shall not be
more than 25 square feet in area, shall not be illuminated, and
shall be at least 10 feet from a property line.
SECTION 3.050 Off-Street Parkin and Loading. In an Rif Zone, off-street
parking and loading shall be provide in accordance with the provisions
of Article 5.
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URBAN RESIDENTIAL MULTI-FAMILY ZONE R-2
SECTION 3.060 Uses Permitted Outright. In an R-2 Zone the following uses
and their accessory uses are permittea outright:
1. Single-family dwelling.
2. Two-family dwelling.
3. Multi-family dwelling.
SECTION 3.065 Conditional Uses Permitted. In an R--2 Zone the following
uses and their accessory uses are permitted when authorized in accordance
with the provisions of Article 7:
1. Boarding or rooming house,;
2. Day nursery.
3. Hospital, nursing home, home for the aged.
4. Medical or dental clinic.
5. Mobile home park
6. Mobilehome Subdivision pursuant to Section 3.0275.
7. Public use.
8. Semi-public use.
9. Planned Development as provided in Section 4.010 of this ordinance.
SECTION 3.070 Accessory Uses., In an R-2 Zone, =thereshal l be the following
limitations on accessory uses
1. There shall be not more than one private garage for each dwelling
unit and the garage shall not exceed 720 square feet in floor area.
2. There may be home occupations as provided in Section 5.010.
SECTION 3.075 Lot Size. In an R-2 Zone the minimum lot size shall be as
follows where there is both a community water and sewer system provided:
1. For a single-family dwelling the lot area shall be a minimum of
6,000 square feet. The lot width shall be a minimum of 60 feet.
The lot depth shall be a minimum of 100 feet.
2. For a two-family dwelling the lot area shall be a minimum of
7,500 square feet. The lot width shall be a minimum of 75 feet.
The lot depth shall be a minimum of 100 feet.
3. For a multi-family dwelling having only one story the lot area
shall be a minimum of 7,500 square feet plus 2,000 square feet
for each dwelling unit over two. The lot width shall be a minimum
of 75 feet. The lot depth shall be a minimum of 100 feet.
4. For a multi-family dwelling having more than one story the lot
shall be a minimum of 7,500 square feet plus 1,500 square feet for
each dwelling unit over two. The lot width shall be a minimum of
75 feet. The lot depth shall be a minimum of 100 feet.
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1. Where a community water system exists but there is no public sewer
system, lot area and soil conditions shall be adequate to provide
a septic tank and drain field in accordance with County Health
Standards or as may be otherwise determined by the County Health
Department.
2. Where neither a community water system or public sewer system is
available or is being provided, the minimum lot area shall be one
acre (43,560 sq. ft.); provided, however, that there is adequate
soil and area on the lot for the installation of a septic tank
and drain field.
3. Sewerage disposal systems of other types acceptable to the County
Health Department and Oregon State Board of Health may determine
lot density, and area provided that such standards are not less
than those prescribed in Section 3.075.
SECTION 3.085 Yards. Except as provided in Article 6, in an R-2 Zone
the minimum yard requirements shall be as follows:
2. A side yard shall be a minimum of 5 feet, except that on corner
lots the side yard on the street side shall be a minimum of 15
feet.
3. A rear yard shall be a minimum of 25 feet.
4. Side and rear yards shall be increased by one foot for each foot
.by which a building exceeds a height of 35 -feet.
1. A front yard shall be a minimum of 25 feet between a building or
structure and the ultimate street right-of-way as adopted in the
Comprehensive Plan or Official Map.
SECTION 3.090 Lot Coverage. In an R-2 Zone buildings shall not cover
more than 40 percent of the lot area.
SECTION 3.091 Height of Buildings. In an R-2 Zone no building shall
exceed a height of 45 feet or three stories, whichever is lower.
SECTION 3.092 Signs. In an R-2 Zone the following signs are permitted:
1. One name plate or home occupation sign for each dwelling unit.
The sign shall not be more than one and one-half square feet
in area, and shall not be illuminated.
)
SECTION 3.080 Density and Lot Area Limitations. In an R-2 Zone, where a
community water system and/or sewer system is not available, the following
standards shall apply:
2. One temporary sign advertising the sale., lease, or rental of the
property on which it is located, The sign shall not be more than
six square feet in area, and shall not be illuminated. '
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r_ 3. One temporary sign advertising the sale of a'tract of land or
subdivision or of lots in a subdivision. Teh sign shall not be
more than 64 square feet in area, shall not be illuminated, and
shall be back at least 10 feet from a,front or side property
line.
4. One sign identifying a conditional use. The sign shall not be
more than 25 square feet in area, shall not be illuminated, and
shall be set back at least 10 feet from a property line.
SECTION 3.095 Off-Street Parking and Loading. In an R-2 Zone off-street
parking and loading shall be provided in accordance with the provisions
of Article 5.
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I_ S6BURBAN RESIDENTIAL ZONE SR-1
SECTION 3.110 Uses Permitted Outright. In a SR-1 Zone the following uses
and their accessory uses are permitted outright:
1. Single-family dwelling.
2. Farming including the keeping of livestock in accordance with
standards prescribed in Section 7.050, 6. of this ordinance.
SECTION 3.115 Conditional Uses`Permitted. In a SR-1 Zone the following
uses and their accessory uses are permitted when authorized in accordance
with the provisions of Article 7:
1. Two-family dwelling.
2. Public use.
3. Semi-public use.
4. Mobilehome Subdivision pursuant to Section 3.125.
5. Mobilehome used as the principle or second residence on a lot
having a minimum area of one acre and meeting the sanitation
requirements of the County Health Department. Mobilehomes
shall not be permitted where deed restrictions have been recorded
prohibiting them.
6. Planned Development as provided in Section 4.010 of this ordinance.
SECTION 3.120 Accessory Uses. In a SR-1 Zone, there shall be the following
limitations on accessory uses:
1. There shall be not more than one private garage for each dwelling
unit and the garage shall not exceed 720 square feet in floor area.
2. There may be home occupations as provided in Section 5.010.
SECTION 3.125 Lot Size. In a SR-1 Zone the minimum lot size shall be as
follows:
1. Lot area shall be a minimum of 20,000 square feet where both a
community water and sewer system exists. Such lots shall have a
minimum average width of 80 feet and minimum depth of 100 feet.
2. Where a community water system exists but there is no public
sewer system, lot area and soil conditions shall be adequate to
provide a septic tank and drain field in accordance with County
Health Standards or as may be otherwise determined by the County
Health Department.
3. Where neither a community water system or public sewer system is
available or is being provided, the minimum lot area shall be
one acre (43,560 sq. ft.); provided, however, that there is
adequate soil and area on the lot for the installation of a septic
tank and drain field.
SECTION 3.130 Yards. Except as provided in Article 6, in a SR--1 Zone the
minimum yard requirements shall be as follows:
1. A front yard shall be a minimum of 25 feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map
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2. A side yard shall be a minimum of 5 feet, except that on corner
lots the side yard on the street side shall be a minimum of 15 ft.
3. A rear yard shall be a minimum of 25 feet.
SECTION 3.135 Lot Coverage. In a SR-1 Zone buildings`shall not cover
more than 35 percent of t e lot area.
SECTION 3.136 Height of Buildings. In a SR-1 Zone no'-building shall
exceed a height of 35 feet or two and one-half stories, whichever is
lower.
SECTION 3.140 Signs. In a SR-1 Zone the following signs are permitted
1. One name pl ate: or' home, occupati on .sign for each dwelling unit.
The sign shall not be more than-one and one-half square feet
in area, and shall not be illuminated.
2. One temporary sign advertising the sale, lease, or rental of the
property on which it is located. The sign shall not be more than
six square feet in area, and shall not be illuminated.
3. One temporary sign advertising the sale of a tract of land or
sub-division or of lots in a subdivision. The sign shall not be
more than 64 square feet in area, shall not be illuminated, and
shall be at least 10 feet from a front or side property line.
4. One sign identifying a conditional use. The sign shall not be
more than 25 square feet in area, shall not be illuminated, and
shall be at least 10 feet from a property line.
SECTION 3.145 Off-Street Parkin and Loading. In an SR-1 Zone, off-
street parking an loading shall be provided in accordance with the pro-
visions of Article 5.
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RIkAL RECREATION RESIDENTIAL ZONE, RR-1
5 E
SECTION 3.150 Uses Permitted Outr.` ht. In a RR-1 Zone the following uses
and their accessory uses are permit 'te outright:
1. Single-family dwelling.
2. Farming including the keeping of liyvestock in accordance with the
standards''prescribed in Section 7.050, 6, of this ordinance.
SECTION 3.155 Conditional Uses Permitted. In a:RR-1 Zone the following
uses and their accessory uses are permitted when authorized in accordance
with the provisions of Article 7:
1. Two-family dwelling.
2. Public use.
3. Sem-publ i c use.
4. Mobilehome used as the princip16 residence unless otherwise
restricted by deed restrictions-.
5. Planned Development as prescribed in Section 4.010 of this ordinance.
SECTION 3.160 Accessory Uses. In a RR-1 Zone there shall be the following
limitations on accessory uses:
1. There shall be not more than one private garage for each dwelling
unit and the garage shall not exceed 720 square feet in floor area.
2. There may be home occupations as provided in Section 5.010.
SECTION 3.165 Lot Size. In a RR-1 Zone the minimum lot size shall be as
follows:
1. Lot area shall be a minimum of one acre except as may be provided
in a planned development where a community water system is provided
and approved by the State Board of Health.
2. Where inadequate soil conditions or a high water table exists or
where areas are subject to imnundation, no individual sewage
disposal systems may be installed. Lot size shall be predicated
on adequate soil conditions and locations for the installation of
sewage disposal facilities as determined by the County Health
Department; however, no lot may be less than one acre in area.
3. No sewage disposal facility shall be installed and no residence
may be constructed or mobilehome occupied unless and until approval
has first been obtained from the County Health Department.
SECTION 3.170 Yards. Except as provided in Article 6, in an R-1 Zone the
minimum yard requirements shall be as follows:
1. A front yard shall be a minimum of 50 feet between a building or
structure and the ultimate street right-of-way as adopted on the.
Comprehensive Plan or Official Map.
2. A side yard shall be a minimum of 10 feet, except that on corner
lots the side yard on the street side shall be a minimum of 25 ft.
3. A rear yard shall be a minimum of 50 feet.
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SECTION 3.175 Height of Buildings. In an RR-1 Zone no buildings shall
exceed a height of 35 feet or two and one-half storied, whichever is lower.
SECTION 3.180 Signs. In an RR-1 Zone the following signs are permitted:
1. One name plate or home occupation sign for each dwelling unit.
The sign shall not be more than.one and one-half square feet
in area, and shall not be ;illuminated.
2. One temporary sign advertising the sale, lease, or rental of
the property on which it is located. The sign shall not be more
than six square feet in area, and shall not be illuminated.
3. One temporary sign advertising the sale of a tract of land or
sub-division or of lots i.n a subdivision. The sign shall not be
more than 64 square feet in area, shall not be illuminated, and
shall be at least 10 feet from a front or, side property line.
4. One sign identifying a conditional use. The sign shall not be
more than 25 square feet i.n area, shall not be illuminated, and
shall be at least 10 feet frow a property, line.
SECTION 3.185 Off-Street Parkin and Loadin . In a RR-1 Zone, off-street
parking and loading shall be provided in accordance with the provisions
of Article 5.
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r VOL
r Ek(CLUSIVE AGRICULTURAL ZONE A-1
SECTION 3.210 Uses 'Permitted Outright. In an A-1 Zone the following
uses and their accessory uses are permitted outright:
1. Farming as defined in this ordinance.
2. Uses permitted in the R-1 zone.
3. Guest House (dwelling or one mobilehome).
4. Buildings and uses customarily provided in conjunction with farming.
SECTION 3.215 Conditional Uses Permitted. In an A-1 Zone the following uses
and their accessory usesare permitted w en authorized in accordance with the
provisions of Article 7:
1. Public use.
2. Semi-public use.
3. Dude or guest ranch.
4. Commercial riding stable.
5. Kennel or.animal hospital.
SECTION 3.220 Lot Size. In an A-1 Zone the lot size shall be as follows:
1. The minimum-lot area shall be five (5) acres.
2. The mini mum lot wi dth shal l be 300, ifedt wi th a mi ni mum street
frontage of 150 feet.
3. The minimum lot depth shall be 400 feet.
SECTION 3.225 Yards. Except as provided in Article 6, in an A-1 Zone the
minimum yard requirements shall be as follows:
1. A front yard shall be a minimum of 50 feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map.
2. A side yard shall be a minimum of 10 feet, except that on corner
lots the side yard on the street side shall be a minimum of 50 ft.
3. A rear yard shall be a minimum of 50 feet.
SECTION 3.230 Signs. In an A-1 Zone the following signs are permitted:
1. One name plate for each dwelling unit. The sign shall not be more
than one and one-half square feet in area, and 'shall not be
i 11 uminated.
2. One temporary sign advertising the sale, lease, or rental of the
property on which it is located. The sign shall not be more than
six square feet in area, and shall not be illuminated.
3. One temporary sign advertising the sale of a tract of land or
sub-division or of lots in a subdivision. The sign shall not
be more than 64 square feet in area, shall not be illuminated,
and shall be at least 10 feet from a front or side property line.
4. One sign identifying the name of a farm or ranch of 20 acres or
more, a conditional use. The sign shall not be more than 25 square
feet in area, shall not be illuminated, and shall be at least 10
feet from a property line.
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M GOERAL AGRICULTURAL ZONE A-2
SECTION 3.250 Uses Permitted Outright. In an A-2 Zone the following uses
and their accessory uses are permitted outright:
1 . Farming as. defined in this ordinance.
2. Uses permitted in the R-1 and A-1 zones..
3. Dude or guest ranch.
4. Commercial riding stable.
5. Livestock sales yard.
6. Kennel or animal hospital.
SECTION 3.255 Conditional Uses Permitted. In an A-2 Zone the following
uses and their accessory uses are permitted when authorized in accordance
with the provisions of Article 7:
1. Public use.
2. Semi-public use.
3. Commercial livestock feeding yard.
4. Mining, quarrying, or other extraction, processing or refining
of ore or other natural resource material.
5. Wrecking yard or junk yard not visable from any scenic or major
highway system shown on the Comprehensive Plan.
SECTION 3.260 Lot Size. In an A-2 Zone the lot size shall be as follows:
1. The minimum lot area shall be ten (10) acres.
2. The minimum lot width shall be 300 feet with a minimum street
frontage of 150 feet.
3. The minimum lot depth shall be 600 feet.
SECTION 3.265 Yards. Except as provided in Article 6, in an A-2 Zone the
minimum yard requirements 'shall be as follows:
1. A front yard shall be a minimum of 50 feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map.
2. A side yard shall be a minimum of 10 feet, except that on-corner-
lots the side yard on the street side shall be a minimum of 50 ft.
3. A rear yard shall be a minimum of 50 feet.
SECTION 3.270 Si ns. In'an A-2 Zone signs shall be permitted as used in
an A-1 zone under Section 3.230.
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1
RAAL SERVICE CENTER :ZONE A-S
SECTION 3.275 Uses Permitted Outright. In an A-S Zone the following uses
and their accessory uses are permitted:
1. Uses permitted outright in the A-2 zone
2. Agribusiness - agriculturally oriented commercial or industrial
use designed to serve the agricultural community, i.ncl udi ng non-
farm residents living within the A-S zone.
3. Public and semi-public uses.
4. Non-farm and commercial residential use.
5. Retail store, restaurant, office or service establishment, including
commercial amusement or recreation facilities.
6. One mobi lehome used as the main residence on lot.
7. Two-family dwelling.
SECTION 3.280 Conditional Uses Permitted. In an A-S Zone the following
uses and their accessory uses are permitted when. authorized in accordance
with Article 7:
1. Livestock feeding yard.
2. Mining or other extractive use.
3. Wrecking yard or junk yard.
4. Mobilehome or non-farm trailer park.
SECTION 3.285 Lot Size and Yards. In an A-S Zone, the minimum lot sizes
and yard requirements shall con orm to the standards specified in the various
applicable zones of this ordinance subject to approval of the County Health
Department necessary for the protection of the public health. Approval shall
be first obtained from the County Health Department prior to constructing any
building and installing a sewage disposal system, including that for a mobile-
home.
SECTION 3.290 Signs. Signs for the various uses permitted in the A-S Zone
shall conform to the standards specified under the comparable zones of this
ordinance.
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TOURIST COMMERCIAL ZONE C-1
SECTION 3.310 Uses Permitted Outright. In a C-1 Zone the following uses and
their accessory uses are permitted subject to the provisions of Section 3.320.
1. Car wash.
2. Drug store.
3. Eating or drinking establishment, including drive-in restaurant.
4. Food store.
5. Gift shop or similar tourist-oriented specialty store.
6. Motel.
7, Self-servicing laundry.
8. Sporting goods store.
9. Service station.
10. Business or professional office.
11. Medical or dental clinic.
12. Commercial recreation facility.
SECTION 3.315 Conditional Uses Permitted. In a C-1 Zone the following uses
and their accessory uses are permitted when authorized in accordance with the
provisions of Article 7:
1. Public use.
2. Semi-public use.
3. Veterinary clinic or kennel.
4. Repair garage provided there is no outside repair or storage.
5. Travel-trailer park or mobilehome park.
6. The resumption of a residential use for single, two or multi-family
dwellings as the use has been previously conducted where such use
has been discontinued.
SECTION 3.320 Site Plan Review. In a C-1 Zone a use permitted shall be
subject to the provisions of this section. Before a new building may be
constructed or an existing building enlarged or substantially altered, a
site development plan shall be submitted to the Planning Commission for
approval. Construction and development of the site shall be in substantial
conformance with plans approved by the Planning Commission. In considering
a site plan for a proposed use in a C-1 zone, the Planning Commission shall
take into account the impact of the proposed use on nearby residential and
commercial property,
of the street. Theo PlanningrCommissionrmayrrequireaas a
on the appearance
condition of approval:
1. An increase in the required yards.
2. Additional off-street parking.
3. Screening of the proposed use by a fence or landscaping.
4. Limitations on signs or lighting.
5. Limitations on the number and location of curb cuts.
6. Any other conditions which it considers necessary to achieve the
purposes of this ordinance.
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vex : , A,GE 871.
t SECTION 3.325 Yards. Except as provided in Article 6, in a C-1 Zone the
minimum yard requirements shall be as follows:
1. A front yard shall be a minimum of 10 feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map
2. A side or rear yard abutting a residential zone shall be a minimum
of 25 feet.
3. A side or rear yard abutting a-street shall be a minimum of 10 feet.
4. A rear yard abutting an alley shall be 25 feet when it is to be used
for servicing the commercial establishment.
SECTION 3.330 Height of Buildings. In a C-1 Zone no buildings shall exceed
a height of 35 feet or two and one-hal_f stories, whichever is lower.'
SECTION 3.335 Signs. In a C-1 Zone signs are subject to the following
general requirements:
1. Signs shall be set back at least 10 feet from a lot in a residential
zone.
2. Signs shall not be placed (post or overhang) or projected into an
ultimate street right-of-way as adopted on the Comprehensive Plan
or Official Map.
3. In the event a person, desiring to erect or place a sign, does not
know or is uncertain where the ultimate street right-of-way is
located, he shall contact the County Planning Department for assistance.
4. Signs shall be oriented in a manner not to cast direct light on
adjacent or nearby residential property.
5. The specific types, sizes, design and number of permitted commercial
and industrial signs shall conform to the County Sign Code as may be
adopted in addition to this ordinance."
SECTION 3.340 Off-Street Parkin and Loading. In a C-1 Zone off-street
parking and loading shall be provided in accordance with the provisions
of Article 5.
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y GENERAL COMMERCIAL ZONE C-2
SECTION 3.350 Uses Permitted Outright. In a C-2 Zone the following uses and
their accessory uses are subject to Section 3.330 (includes uses
permitted i n the C-1 zon~ermitted
.
1.
2.
3.
4.
5.
6.
7.
8.
9.
18.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Automotive sales and service.
Bank or other financial institution.
Bakery.
Boat or trailer sales and service.
Building supply outlet.
Day n u rs a ry
Farm and heavy equipment sales and service.
Frozen food locker.
Laundry or dry-cleaning establishment.
Printing plant.
Retail store.
Veterinary clinic or kennel.
Car wash.
Drug store.
Eating or drinking establishment, including drive-in restaurant.
Food store.
Gift shop or similar tourist-oriented specialty store.
Motel.
Self-service laundry.
Sporting goods store.
Service station.
Business or professional office, including personal service.
Medical or dental clinic.
Commercial recreation facility.
SECTION 3.355 Conditional Uses Permitted. In a C-2 Zone the following uses
and their accessory uses are permitted when authorized in accordance with the
provisions of Article 7:
1. Public use.
2. Semi-public use.
3. Multi-family dwelling.
4. Mobilehome park.
5. Drive-in theatre.
6. Mortuary.
7. The resumption of a residential use for single, two or multi-family
dwellings as the use has been previously conducted where such use
has been discontinued.
SECTION 3.360 Site Plan Review. In a C-2 Zone a use permitted shall be
subject to the provisions o this section. Before a new building may be
constructed or an existing building enlarged or substantially altered, a
site development plan shall be submitted to the Planning Commission for
approval. Construction and development of the site shall be in substantial
conformance with plans approved by the Planning Commission. In considering
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a`site plan for a proposed use in a C-2 zone the Planning Commission shall
take into account the impact of the proposed use on nearby residential and
commercial property, on the capacity of the street to carry traffic, and
on the appearance of the street. The Planning Commission may require as a
condition of approval:
1. An increase in the required yards.
2. Additional off-street parking.
3. Screening of the proposed use by a fence or landscaping.
4. Limitations on signs or lighting.
5. Limitations on the number and location of curb cuts.
6. Any other conditions which it considers necessary to achieve
the purposes of this ordinance.
SECTION 3.365 Yards. Except as provided in Article 7, in a C-2 zone the
minimum yard requ eri ments shall be as follows:
1. A front yard shall be a minimum of 10 feet between a building or
structure and the ultimate street right-of-way as adopted on the
Comprehensive Plan or Official Map.
2. A side or rear yard abutting a residential zone shall be a minimum
of 25 feet.
3. A side or rear yard abutting a street shall be a minimum of 10 feet.
4. A rear yard abutting an.alley shall be 25 feet when it is to be used
for servicing the commercial establishment.
SECTION 3.370 Height of Buildings. In a C-2 Zone no building shall exceed
a height of 35 et or two an one-half stories, whichever is lower.
SECTION 3.375 Signs. In a C-2 Zone signs are subject to the following
general requirements:
1. Signs shall be set back at least 10 feet from a lot in a residential
zone.
2. Signs shall not be placed (post or overhang) or projected into an
ultimate street right-of-way as adopted on the Comprehensive Plan
or Official Map.
3. In the event a person, desiring to erect or place a sign, does not
know or is uncertain where the u-ltimate street right-of-way is
located, he shall contact the County Planning Department for assistance.
4. Signs shall be oriented in a manner not to cast direct light on
adjacent or nearby residential property.
5. The specific types, sizes, design and number of permitted commercial
and industrial signs shall conform to the County Sign Code as may be
adopted in addition to this ordinance.
SECTION 3.380 Off-Street Parking and Loading. In a C-2 Zone off-street
parking and loading shall be provided in accordance with the provisions
of Article 5.
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LIGHT INDUSTRIAL ZONE M-}
SECTION 3.410 Uses Permitted Outright. In an M-1 Zone, the following uses
and their accessory uses are per,ini tted outright:
1. Business office or commercial service business.
2. Eating or drinking establishment.
3. Manufacturing, fabricating, processing, repairing, packing or
storage, except a use specifically listed as a conditional use
in an M-1 zone or a use specifically listed as permitted outright
or as a conditional use in an M-2 zone.
4. Service station.
5. Veterinary clinic or kennel.
6. Wholesale distribution<and sales.
7. Trucking freight terminal.
8. Any industry related to research activities and its products
thereof, subject to Section 3.420.
SECTION 3.415 Conditional Uses Permitted. In an M-1 Zone the following
uses and their accessory uses are permitted when authorized in accordance
with the provisions of Article 7:
1. Public use.
2. Semi-public use.
3. Mobilehome park.
4. Concrete or ready-mix plant.
5. The resumption of a residential use for single, two or multi-family
dwellings as the use has been previously conducted where such use
has been discontinued.
SECTION 3.420 Limitations on Use. In an M-1 Zone the following limitations
on use shall app y:
1. Any use which creates a nuisance because of excessive noise, smoke,
odor, dust, or gas is prohibited.
2. Materials shall be stored and grounds shall be maintained in a
manner which will not attract or aid the propagation of insects
or rodents or otherwise create a health hazard.
3. All service, processing, and storage on property abutting or
facing a residential zone shall be wholly within an enclosed
building or screened from view from the residential zone or a
street or highway by a permanently-maintained, sight-obscuring
fence at least six feet high or sight obscuring landscaping.
4. Access from a public street to properties in an M-1 zone shall be
so located as to minimize traffic congestion and avoid directing
industrial traffic onto residential or other streets.
5. Building entrances or other openings adjacent to a residential or
commercial zone shall be prohibited if they cause glare, excessive
noise, or otherwise adversely affect the use or value of the
adjacent property.
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6. Water used in conjunction with an industrial use shall not be.
used or discharged except as approved by the State Department
of Environmental Quality.- Also sewage disposal systems shall
be approved by the County Health Department prior to installation.
SECTION 3.425 Site Plan Review. In a M-1 Zone a use permitted shall be
subject to the provisions of this section. Before a new building may be
constructed or an=existing building enlarged or substantially altered,, a
site development plan shall be submitted to the Planning Commission for
approval. Construction:"and development of the site shall be in substantial
conformance with plans approved by the Planning Commission. In considering
a site plan for a proposed use in a M-1 zone the Planning' Commission shall
take into account the impact of the proposed use on nearby residential and
commercial property, on the capacity of the street to carry traffic, and
on the appearance of the street. The Planning Commission may require as
a condition of approval:
1. An increase in the required yards.
2. Additional off-street parking..
3. Screening of the proposed use by a fence or landscaping.
4. Limitations on signs or lighting.
5. Limitations on the number and location of curb cuts.
6. Any other conditions which it considers necessary to achieve
the purposes of this ordinance.
SECTION 3.430 Yards. Except as provided in Article 6, in an M-1 Zone, the
side, front and rear yard shall be a minimum of 50 feet.
SECTION 3.435 Lot Coverage. In an M-1 Zone buildings shall not cover more
than 75° percent of the lot.
SECTION 3.440 Height of Buildings. In an M-1 Zone no building shall exceed
a height of 45 feet or three stories.
SECTION 3.445 Sick. In an M-1 Zone signs are subject to the following
general requirements:
1. Signs shall be set back at least 25 feet from a lot in a residential
aone.
2. Signs shall not be placed (post or overhang) or projected into an
ultimate street right-or-way as adopted on the Comprehensive Plan
or Official Map.
3. In the event a person, desiring to erect or place a sign, does not
know or is uncertain where the ultimate street right-of-way is
located, he shall contact the County Planning 'Department for assistance.
4. Signs shall be oriented in a manner not to'Cast-direct light on
adjacent or nearby residential property.
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VOL,
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x K
W 5. The specific types, sizes, design and number of permitted
commercial and industri=al signs shall conform to the County
Sign Code as may be adopted in addition to this ordinance.
SECTION 3.450 Off-Street_Parkin and Loadin . In an M-1 Zone off-street
parking and loading shall be provide in accordance with the provisions
of Article 5.
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HEAVY INDUSTRIAL ZONE M-2
SECTION 3.455 Uses Permitted Outright. In an M-2 Zone the following uses
and their accessory uses are permitted outright:
1. A use permitted outright in an M-1 zone.
2. Concrete or concrete products manufacturing.
3. Lumber manufacturing or wood processing.
4. Petroleum products storage or distribution:
SECTION 3.460 Conditional Uses Permitted. In an M-2 Zone the following
uses and their accessory uses are permitted, "when authorized in accordance
with the provisions of Article 7:
1. Asphalt plant.
2. Chemical manufacturing or-storage, including farm chemicals.
3. Livestock feeding yard or stock yard.
4. Glue manufacturing.
5. Ore smelter.
6. Public use.
7. Semi-public use.
8. Rendering plant.
9. Slaughter house
10. Tannery.
11. Wrecking yard or junk yard.
12. The resumption of a residential use for single, two or multi-family
dwellings as the use has been previously conducted where such use
has been discontinued.
SECTION 3.465 Limitations on Use. In an M-2 Zone the following limitations
on use shall apply:
1. Any use which creates a nuisance because of excessive noise, smoke,
odor, dust, or gas is prohibited.
2. Materials shall be stored and grounds shall be maintained in a
manner which will not attract or aid the propagation of insects
or rodents or otherwise create a health hazard.
3. All service, processing, and storage on property abutting or
facing a residential zone shall be wholly within an enclosed
building or screened from view from the residential zone or a
street or highway by a permanently-maintained, sight-obscuring
fence at least six feet high or sight obscuring landscaping.
4. Access from a public street to properties in an M-2 zone shall be
so located as to minimize traffic congestion and avoid directing
industrial traffic onto residential or other streets.
5. Building entrances or other openings adjacent to a residential or
commercial zone shall be prohibited if they cause glare, excessive
noise, or otherwise adversely affect the use or value of the
adjacent property.
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' 6. Water used in conjunction with an industrial use shall not be
used or discharged except as approved by the State Department
of Environmental Quality. Also sewage disposal systems shall
be approved by the County Health Department prior to installation.
SECTION 3.470 Site Plan Review. In a M-2 Zone a use permitted shall be
subject to the provisions of this section. Before a new building may be
constructed or an existing building enlarged or substantially altered, a
site development plan shall be submitted to the Planning Commission for
approval. Construction and development of the site shall be in substantial
conformance with plans approved by the Planning Commission. In considering
a site plan for a proposed use in a M-2 zone the Planning Commission shall
take into account the impact of the proposed use on nearby residential and
commercial property, on the capacity of the street to carry traffic, and
on the appearance of the street. The Planning Commission may require as
a condition of approval:
1. An increase in the required yards.
2. Additional off-street parking.
3. Screening of the proposed use by a fence or landscaping.
4. Limitations on signs or lighting.
5. Limitations on the number and location of curb cuts.
6. Any other conditions which it considers necessary to achieve
the purposes of this ordinance.
SECTION 3.475 Yards. Except as provided in Article 6, in an M-2 Zone the
side, front and rear yard shall be a minimum of 50 feet.
SECTION 3.480 Lot Coverage. In an M-2 Zone buildings shall not cover more
than 75 percent of the lot.
SECTION 3.485 Height of Buildings. In an M-2 Zone no building shall exceed
a height of 45 feet or three stories.
SECTION 3.490 Signs. In an M-2 Zone signs are subject to the same require-
ments as provided in the M-1 Zone, Section 3.448.
SECTION 3.495 Off-Street Parkin and Loading. In an M-2 Zone off-street
parking and loading shall be provided in accordance with the provisions of
Article 5.
s
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-.-`ADUSTRIAL RESERVE ZONE M-R
~879
SECTION 3.510 Uses Permitted Outright. In an M-R Zone, certain uses and
their accessory uses are permitted where a site development plan as required
in Section 3.520 has been approved by the Planning Commission. In considering
the site development plan, the Commission shall determine that the proposed
development'is significantly related to and dependent on a transportation
facility such as an airport or railroad as identified in and as recommended
by the policies of the Comprehensive Plan for Deschutes County. In addition,
the M-R zone includes certain incidental and commercial service uses to
accomodate such M-R industries. The M-R zone is established to ensure the
protection and enhancement of the economic values of special use industries
which could otherwise be hampered by uses permitted in other industrial zones.
M-R zone uses include the following: .
1. Manufacturing and incidental uses pursuant to the purpose of this
Section.
2. Truck freight terminal.
3. Any industrial use engaged in research activities and products
thereof, subject to Section 3.51-5.
4. Public use and Semi-public use when appropriate to an M-R area.
5. Business office incidental to a permitted- industrial use.
6. Commercial service business.
7. Eating or drinking establishment.
8. Wholesale distribution of goods incidental to M-R industries.
9. Service station.
10. Similar uses incidental` or related to' M-R industries, as authorized
in accordance with Section 2.050 of this ordinance.
SECTION 3.515 Uidtations on~VJ e, In an M-R Zone the following, limitations
on use shall apply:
1. Any use which creates a nuisance because of excessive noise, smoke,
odor, dust, or gas is prohibited.
2. Materials shall be stored and grounds shall be maintained in a
manner which will not attract or aid the propagation of insects
or rodents or otherwise create a health hazard.
3. All service, processing, and storage on property abutting or
facing a residential zone shall be wholly within an enclosed
building or screened from view from the residential zone or a
street or highway by a permanently-maintained, sight-obscuring
fence at least six feet high or sight obscuring landscaping.`
4. Access from a public street to properties in an M-R zone shall be
so located as to minimize traffic congestion and avoid directing
industrial traffic onto residential or other streets.
5. Building entrances or other openings adjacent to a residential or
commercial zone shall be prohibited if they cause glare, excessive
noise, or otherwise adversely affect the use or value of the
adjacent property.
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i
6 Water used in conjunction with an industrial use shall not be
used or discharged except as approved by the State Department
of Environmental Quality. Also sewage disposal systems shall
be approved by the County Health Department prior to installation.
SECTION 3.520 Site Plan Review. In an M-R Zone a use permitted shall be
subject to the provisions of this section. Before a new building may be
constructed or an existing building enlarged or substantially altered, a
site development plan shall be submitted to the Planning Commission for
approval. Construction and development of the site shall be in substantial
conformance with plans approved by the Planning Commission. In considering
a site plan for a proposed use in a M-R zone the Planning Commission shall
take into account the impact of the proposed use on nearby residential and
commercial property, on the capacity of the street to carry traffic, and
on the appearance of the street. The Planning Commission may require as
a condition of approval:
1. An increase in the required yards.
2. Additional off-street parking.
3. Screening of the proposed use by a fence or landscaping.
4. Limitations on signs or lighting.
5. Limitations on the number and location of curb cuts.
6. Any other conditions which it considers necessary to achieve
the purposes of this ordinance.
SECTION 3.525 Yards. Except as provided in Article 6, in an M-R Zone the
side, front and rear yard shall be a minimum of 25 feet.
SECTION 3.530 Lot Coverage. In an M-R Zone buildings shall not cover more
than 75 percent o the lot.
SECTION 3.535 Height of Buildings. In an M-R Zone no building shall exceed
a height of 45 feet or three stories.
SECTION 3.540 Signs. In an M-R Zone signs are subject to the same
requirements as provided in the M-1 zone, Section 3.445.
SECTION 3.545 Off-Street Parkin and Loading. In an M-R Zone off-street
parking and loadings all be provided in accordance with the provisions
of Article 5.
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ARTICLE 4. SPECIAL USE ZONES
PLANNED DEVELOPMENT ZONE PD
SECTION 4.010 Purpose and Utilization. The purpose of the PD Zone is to
permit flexibility in the design and development of larger tracts of land.
Planned developments, involving the careful application of design, are
encouraged to achieve a more functional, esthetically pleasing and harmonious
living environment within the County than might be achieved otherwise through
strict adherence to the regulations of this ordinance or the Subdivision
Ordinance No. PL-2. In certain instances, the objectives of these ordinances
may be achieved by the development of planned units which do not conform with
the more conventional standards of design and improvement.
A planned unit development may include lots, streets and other improvements
in an arrangement which will accommodate a variety of dwelling types and a
variety of land uses which are made to complement each other and harmonize
with existing or planned uses in the vicinity, by innovation in design.
SECTION 4.020 Standards and Requirements. Approval of a request for a PO
Zone is dependent upon the submission of an acceptable plan and satisfactory
assurance that it will be carried out. The following standards and require-
ments shall apply:
1. A planned development approach may be utilized in the design and
development of an urban, suburban or recreation residential area
as generally shown on the Comprehensive Plan for Deschutes County.
2. A planned unit development includes without exception, an open space
or recreational area designed for the use and benefit of all the
dwelling units or lots in the development. Lots or units shall be
designed to have direct access to the open space provided.
3. A use permitted in an R-1, R-2 or C-1 zone is permitted in a PD zone.
4. The minimum area shall be 10 acres where a subdivision (including
condominium) is proposed pursuant to the Subdivision Ordinance
No. PL-2.
5. The minimum area shall be 5 acres where a subdivision is not proposed.
6. Where a planned development subdivision is proposed, the standards of
the Subdivision Ordinance No. PL-2 shall apply.
7. The Planning Commission may require a performance bond to assure that
the proposed development will be completed as approved and within the
time limits agreed to.
SECTION 4.030 Procedure. The following procedure shall be followed in
requesting a PD Zone:
1. An applicant shall submit to the Planning Commission ten copies of
a plan for development of the property. The plan shall be submitted
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to the Planning Director at least 21 days prior to the Vlanning
Commission meeting at which. it will be considered. The plan shall
show at a suitable scale the following information:
a. The relationship of the property to the surrounding area.
b. The preliminary plan of subdivision or re-subdivision,if
any, which shall include the information required by the
Subdivision Ordinance.
c. Land uses, building locations, and number of dwelling units.
d. The arrangement of streets and pedestrian ways.
e. The location of off-street parking spaces.
f. The location of public or communal open space.
g. Plans for site grading and drainage.
h. Plans for water supply and sewage disposal.
i. Plans for transfer of ownership of the property, if any, and
arrangements for maintenance of common areas and facilities.
2. In considering the plan, the Planning Commission shall determine that:
a. There are special development objectives or physical conditions
which justify a request for a PD Zone.
b. The planned development will be in harmony with the surrounding
area.
c. The planned development can be completed within a reasonable
period of time.
d. The planned development will not overload adjacent streets or
utilities.
e. The planned development will be consistent with the objectives of
the Comprehensive Plan.
3. The Planning Commission shall notify the applicant whether in its
judgment the foregoing provisions have been satisfied and, if not,
whether they can be satisfied with other alternatives or revision
of the plan.
4. When the foregoing provisions have been satisfied for a development
plan or.preliminary subdivision plan, the Planning Commission may,
after the public hearing, grant preliminary approval of the plans
and recommend adoption of the PD Zone to the Board of Commissioners.
Final approval of the plan of a planned development or final sub-
division plat (pursuant to Ordinance PL-2) shall be withheld until
the zone change to PD has been adopted by the Board of Commissioners
and has become effective.
5. In the event the planned development is proposed in a permitted zone
as a Conditional Use, plans may receive approval (with conditions)
when the Conditional Use Permit is approved by the Planning Commission.
In such case, when the conditions have been satisfied and the final
plan or final subdivision plat has been approved, the planned-develop-
ment zone classification symbol (PD) will be automatically encorporated
as part of the permitted zone; i.e. R-1 (PD).
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' ~CENI C CORRIDOR ZONE SC
SECTION 4.110 (Reserved for expansion)
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7
FLOOD PLAIN ZONE FP
SECTION 4.210 (Reserved for expansion)
All-
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AIRPORT APPROACH ZONE AA
SECTION 4.310 (Reserved for expansion)
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ARTICLE 5. SUPPLEMENTARY REGULATIONS
SECTION 5.010 Home occupations. A home occupation, when conducted as an
accessory use to a dwe ing in a residential zone, shall be subject to the
following limitations:
1. No person shall be employed other than a member of the family
residing on the premises:
2. No exterior storageor display shall be permitted.
3. Exterior signs shall be limited to those permitted in the zone
in which the home occupation is located. There shall be no other
exterior indication of the home occupation.'
4. There shall be no retail sales from the premises.
5. A home occupation which creates a nuisance because of noise,
smoke, dust, gas, or the generation of excessive vehicle traffic
is prohibited.
SECTION 5.020 Minimum Lot Frontage. Every lot shall abut a street, other
than an alley, for at least 60 feet or as specified in the County Subdivision
Ordinance No. PL-2 (as applied to curved streets and other conditions).
SECTION 5.030 Clear-Vision Area Requirements. A clear-vision area of 15 ft.
shall be maintained on the corners of all property adjacent to the intersection
of two streets or of a street and a railroad. A clear-vision area shall
contain no planting, fence, or other temporary or permanent obstruction
exceeding three feet in height, measured from the top of the curb, or where
no curb exists, from the established center line grade of the street, except
that trees exceeding two and one-half feet may be permitted if foliage is
removed to a height of 8 feet above the top of the curb.
SECTION 5.040 Off-Street Parking. At the time a building is constructed or
enlarged, off-street parking spaces shall be provided as set forth in this
section. When square feet are specified, the area measured shall be the
gross floor area of the building but shall exclude any space within a building
devoted to off-street parking or loading. When the number of employees is
specified, persons counted shall be those working on the premises, including
proprietors, during the largest shift at peak season.
USE
1. Residential uses.
One or two-family dwelling
or mobile home.
Multi.-family dwelling containing
three or more dwelling units.
STANDARD
One space per dwelling unit:
Spaces equal to 1.5 times the
number of dwelling units.
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Club or lodge
3. Institutions
Convalescent hospital, nursing
home, sanitarium, rest home.
Hospital
4. Places of public assembly.
Ch urch
Elementary or junior high
school
High school
5
r
Y r ~ r
a•- ' 2. Commercial residential uses.
Motel or hotel
Other auditorium or meeting
room
Commercial amusements.
Stadium, arena, etc.
Bowling establishment without
restaurant.
Bowling establishment with
restaurant.
Dance hall or skating rink.
VOL
One space per guest or suite
plus one space for the owner
or manager.
Spaces to meet the combined
requirements of the uses being
conducted such as hotel,restaur
ant, etc.
One space per two beds for
patients or residents.
Spaces equal to 1.5 times the
number of beds.
One space per-four seats in
the main auditorium.
One space per classroom plus
one space per administrative
employee or one space per four
seats in the auditorium or
assembly room.
One space per classroom plus
one.,space per administrative
employee plus one space for
,each six students or one space
per four seats in. the main
auditorium.
One space per 60 square feet
of floor area..
One space per'four seats.
Six spaces per alley.
Eight spaces per alley.
One space per 100 square feet
of floor area.
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s
6. Commercial
Retail store
Service or repair shop, retail
business handling bulky merchan-
dise such'as automobiles and
furniture.
Bank or business office -
Medical or dental clinic
OARE '
One space per 400 square feet
of floor area.
One space per 600 square feet
of floor area.
One space per 600 square feet
of floor area plus one space
per two employees.
One space per, 300 square feet
of floor area plus one space
per two employees
Eating or.drinking establishment
Mortuary
7. Industrial
Storage warehouse, manufacturing
freight terminal or wholesale
establishment.
One 'space per 200 square feet
of floor area.
One space per four seats in
the chapel.
One space per employee.
SECTION 5.050 Off-Street Parking and Loading. Buildings or structures to
be built or substantially altered which receive and distribute materials and
merchandise by trucks shall provide and maintain off-street loading berths
in sufficient number and size to handle adequately the needs of the particular
use. Off-street parking areas used to fulfill the requirements of this
ordinance shall not be used for loading and unloading operations except during
periods of the day when not required to care for parking needs. General
provisions are as follows:
1. The provision and maintenance of off-street parking and loading spaces
is a continuing obligation of the property owner. Should the owner
or occupant of any lot or building, change the use to which the lot or
building is put, thereby increasing off-street parking or loading
requirements, it shall be a Violation of this ordinance to begin or
maintain such altered use until such time as the increased off-street
parking or loading requirements are complied with.
2. Requirements for types of buildings and uses not specifically listed
in this ordinance shall be determined by the Planning Commission
based upon the requirements for comparable uses listed.
3. In the event several uses occupy a single structure or parcel of land,
the total requirements for off-street parking shall be the sum of the
requirements of the several uses computed separately.
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4. Owners of two or more uses, structures, or parcels of land may
agree to utilize jointly the same parking and loading spaces when
the hours of operation do not overlap, provided that satisfactory
legal evidence is presented to the county in the form of deeds,
leases, or contracts to establish the joint use.
1. Areas used for parking for more than two vehicles shall have durable
and dustless surfaces adequately maintained.
2. Except for parking in connection with dwellings, parking and loading
areas adjacent to or within a residential zone or adjacent to a
dwelling shall be designed to minimize disturbance to residents by
the erection between the uses of a sight-obscuring fence or planted
screen of not less than five feet in height except where vision clear-
ance is required.
3. Parking spaces along the outer boundaries of a parking lot shall be
contained by a bumper rail or by a curb which is at least four inches
high and which is set back a minimum of one and one-half feet from
the property line.
4. Artificial lighting which may be provided shall not shine or create
glare in any residential zone or on any adjacent dwelling.
5. Access aisles shall be of sufficient width to permit easy turning
and maneuvering.
5. Off-street parking spaces for dwellings shall be located on the
same parcel with the dwelling. Other required parking spaces shall
be-located not farther than 500 feet from the building or use they
are required to serve, measured in a straight line from the building.
6. Required parking spaces shall be available for the parking of passenger
automobiles of residents, customers, patrons, and employees only, and
shall not be used for storage of vehicles or materials or for the park-
ing or trucks used in conducting the business or use.
SECTION 5.060 Design and Improvement Standards for Parking Lots.
6. 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 right-of-way other than an alley.
7. Service drives to off-street parking areas shall be designed and
constructed both to facilitate the flow of traffic and to provide
maximum safety for vehicles and pedestrians. The number of service
drives shall be limited to the minimum that will accommodate
anticipated traffic.
8. Driveways 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.
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ARTICLE 6. EXCEPTIONS
SECTION 6.010 Projections from Building. Cornices, eaves, canopies, sun-
shades, gutters, chimneys, flues, be-It courses, leaders, sills, pilasters,
lintels, and other similar architectural features shall not project more
'
than 24 inches into a required yard.
SECTION 6.020 Exception to Lot Size Requirements. If a lot or the aggregate
of contiguous lots or parcels platted prior to the time this ordinance was
adopted has an area or dimension which does not meet the requirements of
this ordinance, the lot or aggregate holdings may be put to a use permitted
subject to the other requirements of the zone in.which the property is
located.
SECTION 6.030 Exception to Yard Requirements. The Planning Commission may
increase the yard requirement when a yard abuts a street which the County
has designated for future widening. The Planning Commission may permit a
lesser front yard requirement if structures on abutting lots do not meet
the front yard requirement of the zone in which it is located.
SECTION 6.031 Exception to Yard Requirements For Detached Accessory Buildings.
Detached accessory buildings shall be located not less than 50 feet from the
front lot line and shall not project into the required side yard on the street
side of a corner lot. Where no alley exists, accessory buildings shall be
located not less than 6 feet from the rear lot line, but in no event may ' a
structure encroach on a public utility easement. Where an alley does exist,
accessory buildings shall be located not less than five feet from the rear
lot line or alley.
SECTION 6.040 Exception to Building Height Limitations. The following types
of structures or structural parts are not subject to the building height
limitations of this ordinance: chimneys, tanks, church spires, belfries,
dorms, monuments, fire and hose towers, observation towers, transmission
towers, smokestacks, flagpoles, radio an'd television towers, masts., aerials,
cooling towers, elevator shafts, and other similar projections.
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Vt)CI► E
ARTICLE 7. CONDITIONAL USES
SECTION 7.010 Authorization to Grant or Den Conditional Uses. Uses
designated in this or lnance as conditional uses may a permitted upon
authorization by the Planning Commission in accordance with the standards
and procedures established in this article. In permitting a conditional
use the Planning Commission may impose, in addition to those standards
and requirements expressly specified by this ordinance, any additional
conditions which it considers necessary to protect the best interests of
the surrounding property or community. These conditions may include
increasing the required lot size or yard size, limiting the height of
buildings, controlling the location and number of driveways, increasing the
street width, increasing the number of off-street parking and loading spaces:
limiting the sumber, size, and location of signs, and requiring diking,
fencing, screening, or landscaping to protect nearby property values. In the
case of a use existing prior to the effective date of this ordinance and
which is classified in this ordinance as a conditional use, any change in use
or in lot area or any substantial alteration of the structure shall conform
with the requirements dealing with conditional uses.
SECTION 7.020 Application for a Conditional
a request for a conditional use by filing a
Commission using forms prescribed in Article
provided by the County Planning Department.
Commission shall be filed with the Planning.
to the Planning Commission meeting.
Use. A property owner may initiate
application with the Planning
11. Application forms shall be
An application to the Planning
Director at least 21 days prior
SECTION 7.030 Public Hearin on a Conditional Use. Before the Planning Com-
mission may act on a request or a conditional-5-se it shall hold a public
hearing following the procedure described in Article 11.
SECTION 7.040 Notification of Action. Within five days after a decision has
been rendered on a request for a conditional use, the Planning Director shall
provide the applicant with written notice of the Commissions action.
SECTION 7.050 Standards Governing Conditional Uses. A conditional use shall
comply with the standards of the zone in which it is located except as these
standards may have been modified in authorizing the conditional use or as
otherwise provided as follows:
1. Yards • In a residential zone a . required yard shall be at least
two-thirds the height of the principal structure. In any zone
additional yard requirements may be imposed pursuant to Section 7.010.
2. Church: The Planning Commission may authorize a-church as a conditional
use if in its judgment the size of the site is adequate for the intended
use, access to the site is adequate, and the surrounding property will
not otherwise be adversely affected.
3. Planned Development: Authorization of a planned development as a
conditional use is dependent upon the submission and approval of a
plan for such development, or subdivision plan, in accordance with
the standards and procedures prescribed in Article 4. Section 4.010.
In approving a conditional use for a planned development, the principle
use must be as permitted in the zone in which it is located.
- 41 -
4. Mobile Home Park. Authorization of a mobilehome park as a conditional
use is, su ject to the submission and approval of a development plan
by the Planning Commission. The primary purpose is to determine its
relationship to and effects on surrounding,property. The development
plan shall be drawn at a scale of 1 inch = 50 feet or larger in legible
form and shall include the following information:
a. Name, scale, north point and general property description (location).
b. Method of water supply and sewage disposal.
c. Location of trailer spaces and parking spaces.
d. Location of streets, septic and drainfield facilities, recreation
and other facilities.
e. Location of any natural features that might affect the design.
Four copies of the development plan shall be submitted to the Planning
Director for review and distribution to the County and State Health
Departments for their review. The plan shall be submitted at least
21 days 'prior to the Planning Commission meeting. Basic development
standards are as follows:
a. The minimum area for a mobile home park shall be three acres.
b. The average area of mobile home sites within the trailer park
shall not be less than 4,000 square feet, excluding roadways,
recreation areas, and other accessory facilities.
c. A sight-obscuring fence or hedge row not less than 6 feet high
shall enclose the trailer park except at points'of entry and exit.
d. A parking space shall be provided for each trailer site. In
addition, quest parking spaces shall be provided in every trailer
park wi thi n 200 feet of the trailer sites served, at a ratio of
one parking space for each two trailer sites. Parking spaces
and drives shall have durable and dustless surfaces and shall be
properly drained and maintained.
5. Medical or Dental Clinic. The Planning Commission may authorize a
medical or dental clinic as a conditional use in an 9-2 zone if access
to the site is from a Coajor or secondary street, if off-street parking
space is adequate, and if the design of the clinic is compatible:: with
the character of the immediate neighborhood.
6. Keeping of Livestock. The Planning Commission may authorize..the keep-
ing-flivestoc< as a conditional use in a residential zone subject
to the following standards:
a. One horse shall ttave a fenced corral or pasture with a useable
area of at least 7,500 square feet; two horses, at least 10,000
square feet; and for each additional horse, at least 5,000 square
feet.
b. Cows, goats, sheep, swing, fowl, or other livestock shall not be
kept on any parcel of land with an area less than one acre.
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4-0'
VOL
L- N 1 f h t h +k n
V enc Vsure or orses, cows, goa s, s eep, an "CO or o e
a r
livestock shall be located closer than 25 feet to a dwelling.
d. Fences erected inconnection with the keeping of livestock shall
be of lumber or other solid material, shall be kept in good
repair, and shall be at least four feet in height. Fences shall
not be made of barbed wire. A fence shall meet the setback
requirements of the zone.
7. Wrecking Yard or Junk Yard. A wrecking yard shall be enclosed I a
sight-obsc- ng fence not `less than six feet high and shall not e
located along a designated scenic highway or within -a scenic' corridor
as designated by the Comprehensive Plan of Deschutes County. In
considering a proposed 'wrecking yard or junk yard, the Planning
Commission shall determine that adequate provisions are made for
the permanent maintenance and disposal of materials over time as
conditions may warrent.
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W° A*E
ARTICLE 8. NONCONFORMING USES
SECTION 8.010 Continuation of a Nonconforming Use or Structure. Subject
to the provisions 0 this article, a nonconforming use or structure existing
prior to, the adoption of this° ordinance may be continued and maintained in.
reasonable rep4jr.. A structure conforming with respect to use but noncon-
forming with respect to hefgh.t, setback, or coverage may be altered or
extended if the alteration or extension does not further deviate from the
standards of this ordinance.
SECTION 8.020 Discontinuance of a Nonconforming Use.
1. If a nonconforming use ;involving a structure is discontinued from
use for a period of one year, further use of the property shall
conform to this ordinance; except that previous residential use
may be resumed as a conditional use pursuant to Article 7.
2. If a nonconforming use not involving a structure is discontinued
for a period of one year, further use of the property shall
conform to this ordinance.
SECTION 8.030 Change of a Nonconforming Use. If a nonconforming use is
replaced by another use, the new use sha 1 conform to this ordinance.
SECTION 8.040 Destruction of a Nonconforming. Use. If a nonconforming
structure or a structure containing_a nonconforming use is destroyed by
any cause to an extent exceedin 60 ercent of fair market Value as in-
dicated by the records of the County Assessor, a future structure or use
on the site shall conform to this ordinance.
SECTION 8.050 Completion of Structure. Nothing contained in this ordinance
shall require any c ange in the -plans, construction, alteration, or designated
use of a structure for which construction work has commenced prior to the
adoption of this ordinance.
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ARTICLE 9. VARIANCES
SECTION 9,010 Authorization to Grant or Den Variances. The Planning
Commission may authorize variances rom the standards of this ordinance
where it can be shown that, owing to special and unusual circumstances
related to a specific piece of property, the literal interpretation of
this ordinance would cause an undue or unnecessary hardship, except that
no variance shall be granted to allow the use of property for purposes
not authorized within the zone in which the proposed use would be located.
In granting a variance the Planning Commission may attach conditions which
it finds necessary to protect the best interests of the surrounding property
or neighborhood and to otherwise achieve.the pruposes of this ordinance.
SECTION 9.020 Circumstances for Granting a Variance. No variance shall be
granted unless it can be shown that all of the following circumstances exist:
1. Conditions apply to the property that do not apply generally to other
properties in the same zone or vicinity, which conditions are a
result'of lot size or'shape, topography, or other circumstances over
which the.applcant has no control
2. The variance is necessary for the preservation of a property right
of the applicant substantially the same as is possessed by owners
of other property in the same zone or vicinity.
3. The authorization of the variance will not be injurious to other
property in the zone or vicinity in which the property is located
and will not otherwise conflict with the purposes of this ordinance.
4. The variance requested is the minimum variance which will alleviate
the hardship.
SECTION 9.030 Application for a Variance. A property owner may initiate
a request fora variance. by filing an application with the Planning Director,
using forms prescribed in Article 11. The application shall be accompanied
by a plan, drawn to a suitable scale, showing the condition to be varied
and the dimensions and arrangement of the proposed development.
SECTION 9.040 Public Hearin on a Variance. Before the Planning Commission
may act on a request or a variance, it shall hold a public hearing in
accordance with the •provisions,of Article 11.
SECTION 9.050 Notification of Action. Within five days after a decision has
been rendered on a request for a variance, the Planning Director shall pro-
vide the applicant with written notice of the Commission"s action.,
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ARTICLE 10. AMENDMENTS
SECTION 10.010 Authorization'to Initiate Amendments. An amendment to the
text of this ordinance or to a zoning map may a initiated by the Board of
County Commissioners,by the Planning Commission, or by aproperty owner.
A property owner may initiate a request for an amendment by filing an appli-
cation with the Planning Director using forms prescribed by Article 11.
SECTION 10.020 Public Hearin on an Amendment. The Planning Commission
shall hold a public nearing on a proposed amendment in accordance with the
provisions of Article 11. Within 40 days after the hearing the Planning
Commission shall recommend to the Board of Commissioners approval, disap-
proval, or modification of the proposed amendment.
SECTION 10.030 Record of Amendments. The County Clerk shall maintain
records of amendments to this ordinance in a form convenient for use by
the public.
0
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„ r
ARTICLE 11. ADMINISTRATIVE PROVISIONS
k,F
SECTION 11.010 Administration. It shall be the duty and responsibility
of the Planning Director to aTminister this ordinance by authority of the
County Planning Commission and the Board of County Commissioners.
SECTION 11.020 Appeal from Ruling of the"P1'annin Commission. An action or
ruling of the Planning Commission pursuant to this ordinance may be appealed
to the Board of County Commissioners within 15 days after Planning Commission
action. Written notice of the appeal shall be filed with the Board of
Commissioners. If the appeal is not filed within the 15-day period, the
decision of the Planning Commission shall make a written report and recommen-
dation to the Board of Commissioners. The.Board of Commissioners shall hold
a public hearing on the appeal.
SECTION 11,030 ',Farm of Petitions _ Applications, and Appeals. All petitions,
applications, an appea s provided for in this ordinance shall be made on
forms prescribed by the County.
SECTION 11.040 iFiling Fees. Upon filing an application for an amendment,
a conditional use permit, or a variance, the applicant shall pay a fee as
may be established by the Board of Commissioners.
SECTION 11.050 Notice of Public Hearing. When the Planning Commission is
required to hold a public earing, notice of the hearing shall be given in
the following manner:
1. Each notice of a hearing on an amendment to change the zoning map,
on a conditional use, or on a variance shall be published in a
newspaper of general circulation in the County not more than ten
days nor less than 5 days prior to the date of the hearing. In
addition, at least 5,days 'prior to the date of the hearing, notices
shall-be-mailed to all owners of.property within 250 feet of the
exterior boundary of the.property for which the application is
made. For this purpose the names and addresses of the owners as
shown on the records of the County Assessor may be used.
2. Each notice of a hearing on an amendment to the text of this
ordinance shall be published at least three times in a newspaper
of general circulation in the county not more than 10 days or less
than 5 days prior to the date of the hearing.
3. Each notice of a hearing on an appeal authorized by this ordinance
shall be published in a newspaper of general circulation in the
county not more than 10 days or less than 5 days prior to the
date of the hearing.
4. Failure of a person to receive the notice prescribed in this
section shall not impair the validity of the hearing.
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W.
5. The Planning Commission may recess a hearing in order to obtain
additional information or to serve further notice upon other
property owners or persons it decides may be interested in the
proposal being considered. Upon recessing, the Planning Commission
shall announce the time and date when the hearing is to be resumed.
SECTION 11.060 Time Limit W a Permit for a,Conditional Use Variance, or
a Zone Change. Authorization o a conditional 'use, a variance, or a zone
c a~i nge-shall be void after eighteen months unless substantial construction
has taken place.
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.
~ Aft
V&!~GE
ARTICLE 12 REMEDIES
SECTION 12.010 Penalty. A person violating a provision of this ordinance
shall, upon convlction, be punished by imprisonment for not more than 30 days
or by a fine of not more than $100, or both. A violation of this ordinance
shall constitute a separate offense each day that the violation continues
pursuant to 0. R. S. 215.990.
SECTION 12.020 Enforcement - Alternative Remedy. In case a building or other
structure is, or is proposed to be located, constructed, maintained,
repaired, altered, or used, or land is or is proposed to be used in violation
of this ordinance, the building or land thus in violation shall constitute
a nuisance, and the county may, as an alternative to other remedies that
are legally available for enforcing this ordinance, institute injunction,
abatement, or other appropriate proceedings to prevent, enjoin temporarily
or permanently, abate, or remove the unlawful location, construction,
maintenance, repair alteration, or use.
Approved by the Board of County Commissioners on the 2nd day of December, 1971,
to become effective on January 1, 1972.
ATTEST:
BOARD OF COMMISSIONFRS