Loading...
30-649-Ordinance No. PL-11 Recorded 7/13/1979VOL 30 rAu 649 t D ao U~ 1 ~ 1979 SNA,?Y DFS~yUrFS Cod rl tpso'v Nry CIFRK B E N D U R B A N G R O W T H B O U N D A R Y Z 0 N I N G O R D I N A N C E PL-11 D E S C H U T E S C 0 U N T Y, 0 R E G 0 N I 1 1 'vcu 30 rW TABLE OF CONTENTS Section Title Section 1 Title . . . . . . . . . . . . . . . . . . . Section 2 Purpose . . . . . . . . . . . . . . . . . . Section 3 Compliance with Ordinance Provisions . . . . Section 4 Definitions . . . . . . . . . . . . . . . . Section 5 Classification of Zones . . . . . . . . . . Section 6 Application of Regulations to Zones Generally . . . . . . . . . . . . . . . . . Section 7 Zoning Map . . . . . . . . . . . . . . . . Section 8 Interpretation of Zoning Boundaries . . . . Section 9 Zoning of Annexed Areas . . . . . . . . . . Section 10 Urban Area Reserve Zone - UAR-10 . . . . . . Section 11 Surface Mining - SM Zone . . . . . . . . . . Section 12 Suburban Low Density Residential District or SR-2-1/2 District . . . . . . . . . . . . Section 13 Suburban High Density Residential Zone or SR-20 Zone . . . . . . . . . . . . . . . Section 14 Urban Standard Residential Zone - RS Zone Section 15 Urban Medium Density Residential Zone - RM Zone . . . . . . . . . . . . . . . . . . Section 16 Urban High Density Residential Zone - RH Zone . . . . . . . . . . . . . . . . . . Section 17 Neighborhood Commercial Zone - CN Zone . . . Section 18 Limited Commercial Zone - CL Zone . . . . . Section 19 Highway Commercial Zone - CH Zone . . . . . Section 20 Industrial Park Zone - IP Zone . . . . . . . Section 21 Light Industrial Zone - IL Zone . . . . . . Page 1 2 3 4-20 22 23 24 25 26 27-29 30-35 36-37 38-40 41-43 44-46 47-50 51-52 53-56 57-59 60-62 63-66 ii TABLE OF CONTENTS CONTINUED VOL 00 FAcf 651 Section Title Page Section 22 General Industrial Zone - IG Zone . . . . . 67-68 Section 23 Flood Plain Combining Zone - FP Zone . . . 69 Section 24 Site Plan Review . . . . . . . . . . . . . 70-75 Section 25 Off-Street Parking and Loading . . . . . . 76-83 Section 26 Provisions Applying to Special Uses . . . . 84-91 Section 27 Interpretations and Exceptions . . . . . . 92-94 Section 28 Nonconforming Uses . . . . . . . . . . . . 95-96 Section 29 Conditional Use Permits . . . . . . . . . . 97-98 Section 30 Planned Unit Development Approval . . . . . 99-101 Section 31 Variances . . . . . . . . . . . . . . . . . 102-103 Section 32 Revocation of Permits or Variances . . 104 Section 33 Amendments . . . . . . . . . . . . . . . . 105-107 Section 34 Appeals . . . . . . . . . . . . . . . . . . 108 Section 35 Procedures . . . . . . . . . . . . . . . . 109 Section 36 Enforcement and Penalties . . . . . . . . . 110-111 Section 37 Land for Public Purposes . . . . . . . . . 112 Section 38 Severability and Validity . . . . . . . . . 113 Section 39 Emergency Clause . . . . . . . . . . . . . 114 Section 40 . . . . . . . . . . . . . . . . . . . . . . 115 ii VOL 30 P 6 52 ORDINANCE NO. PL-11 AN ORDINANCE ESTABLISHING ZONING REGULATIONS, PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND ALL AMENDMENTS THERETO. THE COUNTY OF DESCHUTES DOES ORDAIN AS FOLLOWS: TITLE, PURPOSE, COMPLIANCE AND DEFINITIONS Section 1. Title. This Ordinance shall be known as the "Zoning Ordinance" of the Bend Urban Area of Deschutes County, Oregon. -1- t Section 2. Purpose 1 1~ 7 ~ VOL 30 PACE 653 (1) This Ordinance has been designed in accordance with the goals, policies, and statements of intent of the Bend Area General Plan, the officially enacted comprehensive plan for the City of Bend and its' environs. It is the general purpose of this Ordinance, therefore, to provide one of the principal means for implementation of the Bend Area General Plan. (2) This Ordinance is designed to classify, designate, and regulate the location and use of buildings, structures, and land for residential, commercial, industrial, or other uses in appropriate places and for said purposes; to divide the Bend Urban Area into districts of such number, shape and area as may be deemed best suited to carry out these regulations and provide for their enforcement; to encourage the most appropriate use of lands; to conserve and preserve natural resources, to conserve and stabilize the value of property; to provide adequate open spaces for light and air and prevention of fires; to prevent undue concentrations of population; to lessen congestion of streets; to facili- tate adequate provisions for community utilities, such as, transportation, water, sewerage, schools, parks, and other public requirements; and to promote the public health, safety, and general welfare. 1 -2- VOL 30 PAcE'654 Section 3. Compliance with Ordinance Provisions. (1) Except as provided in Section 24 of this Ordinance, no build- ing or other structure shall be constructed, improved, altered, enlarged, or moved, nor shall any use or occupancy of premises within the Bend Urban Area be commenced or changed, nor shall any condition of or upon real property be caused or maintained, after the effective date of this Ordinance, except in conformity with conditions prescribed for each of the several zones established hereunder, provided however, ' that no use for which site plan approval pursuant to Section 24 is required herein. ' (2) Any application for land use permit received prior to the adoption of this Ordinance which has not received preliminary approval by the effective date hereof, shall comply with this ' Ordinance. Applications for land use permit for which pre- liminary approval notices have been mailed on or before the effective date hereof need not comply with this Ordinance, but shall comply with the City and County zoning ordinances which ' this Ordinance supersedes. This Ordinance supersedes County zoning Ordinance PL-5 and the zoning ordinance of the City of Bend on the date this Ordinance is adopted by the governing bodies of the County and City, respectively. 1 -3- ~VOL n Section 4. Definitions. As used in this ordinance, words in the present tense include the future; the singular number includes the plural and the plural number includes the singular; unless the ' context clearly indicated the contrary, the word "shall" is mandatory and not discretionary; the word "may" is permissive; the masculine gender includes the feminine and neuter; and the term "this ordinance" ' shall be deemed to include the text of this ordinance and accompany- ing zoning maps and all amendments hereafter made thereto. As used in this Ordinance, unless the context requires otherwise, the following words and phrases shall mean: (1) Abutting. Adjoining with a common boundary line, except that where two or more lots adjoin only at a corner or corners, ' they shall not be considered as abutting unless the common property line between the two parcels measures not less than 8 feet in a single direction. (2) Access or Access Way. The place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to, through or past a property or use as ' required by this Ordinance. (3) Accessory Structure or Use. A structure or use incidental, ' appropriate and subordinate to the main structure or use on the same lot. (4) Adjacent. Near, close; for example, an Industrial :Zone across the street or highway from a Residential Zone shall be considered as "Adjacent." (5) Adjoin. See "Abutting." (6) Alley. A public way not more than 20 feet wide affording only secondary means of access to abutting property. (7) Altered. See "Structural Alteration." (8) Animal Hospital. A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time ' boarding and shall be only incidental to such hospital use. (9) Apartment. A dwelling unit in a multiple-family building. 1 (10) Applicant. See Deschutes County Ordinance PL-9. (11) Application for Land Use Permit. See Deschutes County Ordinance PL-9. (12) Assessor. The County Assessor of Deschutes County. ' (13) Aircraft. Any vehicle designed or used for flight through the air and capable of carrying goods or people. (14) Airport. Any area of land or water which is used or intended to be used for the landing and taking off of aircraft, and including appurtenant areas, buildings or facilities. -4- 30 rAcEG56 (15) Automobile, Boat or Trailer Sales Lot. An open lot used for display, sales or rental of new or used motor vehicles, boats or trailers in operative condition and where no repair work is done. (16) Automobile Repair, Major. The general repair, rebuilding or ' reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repairs; overall painting or paint shop. (17) Automobile Repair, Minor. Upholstering of, replacement of parts for, and motor service to passenger cars and trucks not exceed- ing one-and-one-half tons capacity, but not including any ' operation named under "Automobile Repair, Major," or any other similar operation thereto. (18) Automobile Service Station or Filling Station. An establishment where bulk sales, fuels, oils or accessories for motor vehicles are dispensed, sold or offered for sale at retail only, and where repair service is secondary. (19) Automobile Towing. An establishment where emergency towing equipment is kept along with incidental, temporary and minor storage of vehicles and emergency repairs. (20) Automobile Wrecking. The dismantling or disassembling of motor vehicles or trailers, or the storage, sale or dumping of dis- mantled, partially dismantled, obsolete or wrecked vehicles, or their parts. Two or more dismantled, obsolete or inoperable motor vehicles or parts thereof exposed to the public on one lot shall constitute a wrecking yard. (21) Basement. A man-made space wholly or partly underground, and having more than one-half of its height, measured from its floor to its ceiling, below the average adjoining finished grade. (22) Bend Urban Area. That area lying inside the adopted Bend Urban Growth Boundary and outside the City of Bend boundaries. (23) Board. See "County Commission." (24) Boarding or Lodging House. A dwelling or part thereof, other than a hotel or motel or multiple-family dwelling, where lodging with or without meals is provided, for compensation, for three or more persons. (25) Boat Yard. A place where boats are constructed, dismantled, stored, serviced or repaired, including maintenance work thereon. (26) Building. Any structure built and maintained for support, shelter or enclosure of persons, animals, chattels or property of any kind. (27) Building Height. The vertical distance from the average contact ground level of the building to the highest point of the building. -5- IL V9L 30 rw 657 ' (28) Building Line. A line parallel to the front lot line and passing through the most forward point or plane of a building. ' (29) Building Lot. A lot occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, together with such open spaces as are required by this ordinance, and having the required frontage on a street, and setbacks. ' (30) Building, Main. A building within which is conducted the principal use permitted on the lot, as provided in this ordinance. (31) Building Official. The Building Official of Deschutes County, Oregon. (32) Bulk Distribution Plant. A facility for the storage of fuels or other volatile products and for their distribution to retail sales facilities or other bulk purchasers, regardless of ownership. ' (33) Camp, Tourist or Trailer Park. Any area or tract of land used or designed to accommodate two or more trailers, or two or more camping vehicles, tents or outfits, including cabins, the ' primary purpose of which is to rent space or keep space for rent to any person for a charge or fee. (34) Camping Vehicle. A vacation trailer or a self-propelled vehicle or structure equipped with wheels for highway use and which is intended for human occupancy and is being used for vacation and recreational purposes, but not for resident pur- poses, and is equipped with plumbing, sink or toilet. (35) Car Wash. A lot on which motor vehicles are washed or waxed either by the patron or others, using machinery especially ' designed for the purpose. ' (36) Church. A permanently located building commonly used for religious worship, fully enclosed with walls (including windows and doors) and having a roof (canvas or fabric excluded) and conforming to applicable legal requirements affecting design and construction. (37) City. The City of Bend, Oregon. (38) Clinic. A place for group medical services not involving ought housing of patients. ' (39) Club. An association of persons (whether or not incorporated), religious or otherwise, for a common purpose, but not including groups which are organized primarily to render a service carried ' on as a business for profit. (40) Commercial Amusement Facility. A facility which supplies refreshments and various forms of entertainment to the public. 1 -6- l 7 1 VOL 30 PAGE 658 (41) Commercial Residential Use. A building, portion of a building or group of buildings designed or used for human occupancy or lodging for which a fee is charged, such as a hotel, motel, tourist camp or labor camp, but excluding quarters intended for permanent or semi-permanent occupancy, such as a duplex or apartment. A mobile home part is not included in this definition. (42) Community Building. A building used for and operated by a non- profit organization whose membership is open to any resident of the zone, neighborhood or community in which the club is located; provided that the primary objectives of the organiza- tion are the improvement of the zone, neighborhood or community and its social welfare and recreation. (43) Community Storage Area. A facility established in accordance with City and/or County standards, designed to provide for the temporary or permanent storage of boats, campers, trailers and similar recreational vehicles or equipment, and serving two or more unrelated persons. (44) Community Water System. A domestic water supply source or distribution system which serves or is designed to serve more than three single, residences or other users for the purpose of supplying water for household uses, but is neither a municipal water supply system nor a public utility water system, and must have legal financial provisions for long-term operation and maintenance. (45) Community Sewage System. A sewage disposal system which serves or is designed to serve more than ten single residences or other users for the purpose of disposing of household liquid wastes, but is neither a municipal nor a public utility sewage disposal system, and must be approved by the appropriate government agency and must have legal financial provisions for long-term operation and maintenance. (46) Comprehensive Plan. The duly adopted Bend Area General Plan. (47) Condominium. The ownership of single units in a multi-unit structure with common areas and facilities. (48) Contested Case. Proceedings in which the legal rights, duties or privileges of specific parties under the County Zoning Ordinance, Subdivision Ordinance or other similar ordinances regulating land use are required to be determined only after a hearing and/or public input at which specific parties are entitled to appear and be heard. (49) Contiguous. See "Abutting." (50) Contiguous Land. Parcels of land under the same ownership which abut each other. (51) County. Deschutes County, Oregon. (52) County Commission. The Deschutes County Board of Commissioners. -7- .a 30 X659 (53) Court. An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings. (54) Curb Level. The level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the County Engineer shall establish such level or its equivalent. (55) Day Care Center or Facility. An agency, organization, or individual providing daytime care of six or more children not related by blood, marriage to, or not the legal wards or foster children of, the attendant adult. (Nursery.) ' (56) Density. The number of residential dwelling units per acre of land or the amount of land area expressed in square feet of land assignable to each dwelling unit in a residential develop- ment, including, but not limited to, one house on one lot, shall be computed as follows: the gross area of land within the development; less the total aggregate area dedicated for streets, schools or other public facilities, but not including public or private parks and recreation facilities dedicated or created as an integral part of the development; divided by the total number of dwelling units in the proposed development; equals the density. Density shall run with the land in a ' specific development and cannot be sold, loaned or otherwise divorced or separated from the specific development under con- sideration. (57) Districts. When used herein shall refer to Zones, unless obviously to the contrary. ' (58) Dude Ranch. A ranch or farm operated as a resort for tourists, with horseback riding and similar sports. ' (59) Dwelling. A building or portion thereof designed or used as the residence or sleeping place of one or more persons. (a) Dwelling, Single-Family. A building designed or used for residence purposes by not more than one family and containing one dwelling unit only, except for mobile ' homes as defined herein; also excluding such temporary structures as tents, teepees, travel trailers and other similar uses. ' (b) Dwelling, Two-Family or Duplex. A building designed or used for residence purposes by not more than two families and containing two dwelling units. ' (c) Dwelling, Multiple-Family. A building or portion thereof designed or used as a residence by three or more ' families and containing three or more dwelling units. (60) Dwelling Unit. One room, or a suite of two or more rooms, designed for and used by one family or housekeeping unit for ' living and sleeping purposes, and having not more than one kitchen or kitchenette. -8- G L r~ t J 7 VOL 30 fAmss© (61) Easement. A grant of the right to use a parcel of land or portion thereof for specific purposes where ownership of the land or portion thereof is not transferred. (62) Family. An individual, or two or more persons related by blood, marriage, adoption or guardianship, living together in a dwelling unit in which board or lodging may also be provided for not more than two additional persons, excluding servants; or a group of not more than five persons who need not be related by blood, marriage, adoption or guardianship living together in a dwelling unit. (63) Farm Use. The current employment of land, including that portion of such lands under buildings supporting accepted farming practices, for the purpose of obtaining a profit in money by raising, harvesting and selling crops, or by the feeding, breeding, management and sale of, or the produce of, livestock, poultry, fur-bearing animals or honey bees, or for dairying and the sale of dairy products, or any other agricultural or horti- cultural use or animal husbandry, or any combination thereof. "Farm use" includes the preparation and storage of the products raised on such land for man's use and animal use, and disposal by marketing or otherwise. It does not include the use of land subject to the provisions of ORS Chapter 321, or to the construction and use of dwellings customarily provided in con- junction with the farm use. "Current employment" of land for farm use includes: (a) land subject to the soil-bank provisions of the Federal Agricultural Act of 1956, as amended (P.L. 85-540, 70 Stat. 188; (b) land lying fallow for one year as a normal and regular requirement of good agricultural husbandry; and (c) land planted in orchards or other perennials prior to maturity. As used in this subsection, "accepted farming practice" means a mode of operation that is common to farms of a similar nature, necessary for the operation of such farms to obtain a profit in money, and customarily utilized in conjunction with farm use. (64) Feedlot. Any tract of land or structure wherein any type of fowl or by-products thereof are raised for sale at wholesale or retail. Any structure, pen or corral wherein cattle, horses, sheep, goats, swine, or similar animals are maintained in close quarters for the purpose of fattening, such livestock for final shipment to market, or for breeding. (65) Fence, Bight Obscuring. A fence or planting arranged in such a way to obstruct vision throughout the year. -9- VOL 30 PAGE 661 (66) Flood. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, the unusual and rapid accumulation of ' runoff of surface waters from any source, mudslides which are approximately caused or precipitated by accumulations of water on or under the ground, and the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by unusually high water level in a natural or man-made body of water accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined ' hereinbefore. (67) Flood Hazard Area. The relatively flat area or lowland adjoin- ing the channel of a river, stream, other watercourse, lake or reservoir which has been or may be covered by a Base Flood. ' (68) Floor Area. The area included in surrounding walls of a building or portion thereof, exclusive of vent shafts and courts, including the garage. (69) Frontage. That portion of a parcel of property which abuts a ' dedicated public street or highway or an approved private way. (70) Grade (Ground Level). The average elevation of the finished ' ground elevation at the centers of all walls of a building, walk; the sidewalk elevation nearest the center of the wall shall constitute the ground elevation. ' (71) Garage, Private. An accessory building or portion of a main building used for the parking or temporary storage of vehicles ' owned or used by occupants of the main building. (72) Garage, Public. A building other than a private garage used ' for the care and repair of motor vehicles or where such vehicles are hire or sale arked or stored for com ensation . p p , (73) Guest House. An accessory building used for the purpose of ' providing temporary living accommodations for guests, or for members of the same family as that occupying the main structure, and containing no kitchen or kitchenette facilities. ' (74) Hearing Body. Planning Commission, Hearings Officer, County Planning Commission, County Legal Counsel, and County Board ' of Commissioners. (75) Hearing, Initial. See Deschutes County Ordinance PL-9. ' (76) Hearings Officer. See Deschutes County Ordinance PL-9. (77) 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. -10- C C J a 30 FACE 662 (78) Home Occupation. A use conducted entirely within a dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and which complies with the. conditions of subsection (14) of Section 25. (79) Hospital. Any institution, place, building or agency which maintains and operates organized facilities for 20 or more persons for the diagnosis, care and treatment of human illness, including convalescence and care during and after pregnancy, or which maintains and operates organized facilities for any such purpose, and to which persons may be admitted for overnight stay or for a longer period. (80) Hotel. A building or portion thereof with more than five sleeping rooms designed or used for occupancy of individuals who are lodged with or without meals, and in which no provision is made for cooking in any indivdiaul room or suite. (81) Human Resource Facility. A facility under the control of and financed by a unit of government or religious, philanthropic, charitable or non-profit organization and devoted to the housing, training, or care of children, the aged, indigent, handicapped, or underprivileged, including places of detention or correction. (82) Junk Yard. A place where waste, discarded or salvaged materials are stored, bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operative condition, or salvaged materials incidental to manufacturing operations. (83) Kennel. Any premises where four or more dogs, cats or other small animals or any combination thereof at least four months of age, are kept commercially or permitted to remain for board, propagation, training or sale, except veterinary clinics and animal hospitals. (84) Land Use Action. See Deschutes County Ordinance PL-9. (85) Landscaping. The term "landscaping includes primarily trees, grass, bushes, shrubs, flowers and garden areas, and incidental arrangements of fountains, patios, decks, street furniture and ornamental concrete or stonework areas, and artificial turf or carpeting, but excludes artificial plants, bushes, shrubs or flowers. ' (86) Livestock. Shall be animals of any kind kept or raised for sale, resale, agriculture field production or pleasure. -11- F I 0 k I 'voL 30 PAcF 663 (87) Livestock Feeding Yard. An enclosure designed or used for the purpose of concentrated feeding or fattening of livestock for commercial slaughter. (88) Livestock Sales Yard. An enclosure or structure designed or used for holding livestock for purposes of sale or transfer by auction, consignment, or other means. (89) Loading Space. An off-street space within a building or on the same lot with a building, for the temporary parking of a commercial vehicle or truck while loading or unloading merchandise or materials and which space has direct access to a street or alley. (90) Lot. A parcel of land used or capable of being used under the regulations of this ordinance, lawfully created as such in accordance with the subdivision laws or ordinances in effect at the time of this creation. (91) Lot Area. The total horizontal area contained within the lot lines; said area shall be computed as gross area for lots larger than 2.5 acres and net area for lots 2.5 and smaller. The total horizontal net area within lot lines of a lot is that square footage of a lot that is free from roads, streets, rights-of-way or easements of access to other property. Provided, however, that the Planning Director shall include in gross lot areas all streets, roads and easements of access to other property that would accrue to that lot if the road, street or easement were vacated, and shall treat the gross area of lots that have never been previously described of record as other than fractions of a section as if the section contained 640 acres, in cases where a lot is sought to be partitioned. (92) Lot, Corner. A lot abutting upon two or more streets at their intersection, or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees within the lot line. (93) Lot Coverage. That percentage of the total lot area covered by structures as herein defined. (94) Lot Depth. The horizontal distance between the front and the rear lot lines. In the case of a corner lot, the depth shall be the length of the longest front lot line. (95) Lot, Interior. A lot or parcel of land other than a corner lot. (96) Lot Line. Any line bounding a lot as herein defined. (97) Lot Line, Front. The property line abutting a street. (98) Lot Line, Rear. A lot line not abutting a street which is opposite and most distant from the front lot line. In the case of an irregular or triangular-shaped lot, a lot line 10 feet in length within the lot parallel to and at the maximum distance from the front lot line. -12- VOL 30 PAGE 664 ' (99) Lot Line, Side. Any lot line not a front lot line or a rear lot line. (100) Lot of Record. A lot held in separate ownership as shown on the records of the County Clerk at the time of the passage of an ordinance or regulation establishing the zone in which the lot is located, legally created pursuant to law at that time. (101) Lot, Through. An interior lot having a frontage on two streets ' and/or highways . (102) Deleted. ' (103) Lot Width. The horizontal distance between the side lot lines measured within the lot boundaries or the mean distance between the side lot lines within the buildable area. In the case of a ' corner lot, lot width shall mean the mean horizontal distance between the longest front lot line and the opposite lot line not abutting the street. 1 (104) Maintain. To cause or allow to continue in existence. When the context indicates, the word shall mean to preserve and care for a structure, improvement, condition or area to such ' an extent that it remains attractive, safe and presentative, and carries out thepurpose for which it was installed, constructed or required. (105) Mobile Home. A detached single-family dwelling unit with all of the following characteristics: ' (a) Designed for long-term occupancy and containing sleeping accommodations, flush toilet, a tub or showerbath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems. (b) Designed to be transported after fabrication on its own wheels, or modular home on flatbed or other trailers or detachable wheels. (c) Arriving at the site where it is to be occupied as a ' dwelling complete, ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like. (d) Does not conform to the Oregon State Structural Code ' as defined in ORS 456.750, subsection 9, or standards for prefabricated structures as defined in ORS 456.750(6). 1 -13- t J j VOL 30 PAcf 665 (106) Mobile Home Subdivision. A subdivision designed and intended for residential use where residence is in mobile homes exclusively. (107) Mobile Home Park. Any place where four or more mobile homes are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent space or keep space for rent to any person for a charge or fee paid or to be paid for the rental or use of facilities, or to offer space free in connection with securing the trade or patronage of such person. (108) Modular Home. See "Prefabricated House." (109) Motel. A building or group of buildings used for transient res dential purposes containing guest rooms or dwelling units with automobile storage space provided in connection therewith, which building or group is designed, intended, or used pri- marily for the accommodation of transient automobile travelers; including groups designated as auto cabins, motor courts, motor hotels and similar designations. (110) Municipal Water Supply System. A domestic water supply source and distribution system owned and operated by a city or county; or owned and operated by a special district or other public corporation which has independent tax-levying powers to support the system and which supplies water to a total of 1,000 or more households. (111) Nonconforming Use. A use of land or of a building or structure, which use lawfully existed at the time of the adoption of this ordinance, or of any amendment thereto, but which use does not conform with the use regulations imposed by this Ordinance or such amendment thereto. (112) Nursing Home. Any home, institution or other structure main- tained or operated for the nursing and care of four or more ill or infirm adults not requiring hospital care or hospital facilities. (113) O.R.S. (ORS). Oregon Revised Statutes. (114) Owner. The owner of record of real property as shown on the tax rolls of Deschutes County, or a person purchasing a piece of property under contract. For the purposes of this Ordinance in terms of violations and binding agreements between the County and the owner, the word owner shall also mean a leaseholder, tenant or other person in possession or control of the premises or property at the time of the agreement or violation of agree- ment or the provisions of this ordinance. (115) Parking Area, Public. An open area, other than a street or other public way, used for the parking of automobiles and avail- able to the public whether for a fee, free or as an accommodation for clients or customers. -14- t vot 30 rac€ 666 (116) Parking Space. A durable and dustless, permanently surfaced and marked area, excluding paved area necessary for access, for the parking of a motor vehicle. (117) Partition. An act of partitioning land or an area or tract of land partitioned as defined in Deschutes County Land Partition Ordinance Number PL-7. (118) Partition Land. To divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. "Partition land" does not include divisions of land resulting from the creation of cemetary lots. "Partition land" does not include the sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner. (119) Party. See Deschutes County Ordinance PL-9. (120) Permit. See Deschutes County Ordinance PL-9. (121) Permittee. The person who is proposing to use or who is using the land pursuant to any permit required herein. (122) Person. See Deschutes County Ordinance PL-9. (123) Planning Commission. The Planning Commission of Deschutes County, Oregon. (See Deschutes County Ordinance PL-9.) I(124) Planning Director. The Director of the Deschutes County Planning Department and his/her delegate. ' (125) Planning Development. The development of an area of land as a single entity for a number of dwelling units or a number of uses, according to a plan which does not necessarily correspond t in lot size, bulk or type of dwelling, density, lot coverage, or required open space to the standard regulations otherwise required by this Ordinance. ' (126) Planned Community. A self-contained complex of residential, commercial, and industrial uses in conjunction with an inter- related system for transportation, utilities, recreational areas and other public facilities, and constituting a separate community within the County. (127) Plat. A final map, diagram, drawing, replat or other writing ' containing all the descriptions, locations, specifications, deciations, provisions and information concerning a subdivision. (128) Prefabricated House. A sectional or factory built house to which wheels may or may not be attached for the purpose of moving it to a homesite where it is affixed to the real property on a permanent foundation. ' -15- (129) Principal Building. See "Main Building." . not 30 FA% 667 (130) Primary Use. The first use to which property is or may be devoted, and to which all other uses on the premises are derived as accessory or secondary uses. As used relative to dwelling units, the primary dwelling would be the first dwelling unit to be located on a specific parcel or lot. (131) Principal Use. The primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. (132) Protect. Save or shield from loss, destruction, or injury, or for future intended use. (133) Provide. Prepare, plan for and supply what is needed. (134) Public Use. A use owned or operated by a public organization for the benefit of the public generally. This does not include landfill sites, garbage dumps or utility facilities. (135) Public Works Director. The Director of the County's Public Works Department, or the Roadmaster or his/her delegate. (136) Public Utility Water System. A domestic water supply source and distribution system supplying water for household uses, owned and operated by a person subject to regulation by the Public Utility Commissioner of the State of Oregon, and supplying water to a total of 500 or more households. (137) Public Water System. A system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals. (138) Quasi-judicial. A zoning action entailing application of a general rule or policy to specific individuals or situations. (139) Ranch Hand Residence. A building, structure or mobile home used for residential purposes for an agricultural employee and his family. (140) Recreation Camps or Resorts. An area devoted to facilities and equipment for recreational purposes, including swimming pools, tennis courts, playgrounds and other similar uses, whether the use of such area is limited to private membership or whether open to the public upon payment of a fee. (141) Recreation Parks. An area designated by the landowner for pic- nicking or overnight camping and offered to the general public, whether or not a fee or charge is made for such accommodations. -16- ' VOL 30 FAc€ 668 (142) Recreation Vehicle. A vacation trailer or other unit with or without motive power which is designed for human occupancy and to be used temporarily for recreational or emergency pur- poses and has a floor space of less than 220 square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures and bath or toilet rooms. The unit shall be identified as a recreational vehicle by the manufacturer. (143) Recreational Facility, Private. A recreation facility under private ownership and operated by a profit or nonprofit organiza- tion, open to bona fide members, and providing one or more of the following types of recreation activity: tennis, handball, golf, squash, volleyball, racquetball, badminton and swimming or other similar types of uses. (144) Residential. Any dwelling unit or group of units built or used for human occupancy. (145) Right-of-Way. The area between the boundary lines of a street, road, or other easement. (146) Road or Street. A public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress and egress to such land in con- junction with the use of such land for forestry, mining or agricultural purposes. (a) Alley. A narrow street through a block primarily for vehicular service access to the back or side of properties abutting on another street. (b) Arterial. A street of considerable continuity which is primarily a traffic artery for intercommunication among large areas, and so designated by the County's Com- prehensive Plan or by the Commission. (c) Bicycle Route. Aright-of-way for bicycle traffic. (d) Collector. A street supplementary to the arterial street system and a means of intercommunication between this system and small areas; used to some extent for through ' traffic and to some extent for access to abutting properties, and so designated by the County's Comprehensive Plan by the Commission. I(e) Cul-de-sac (dead-end street). A short street having one end open to traffic and being terminated by a vehicle turn-around. ' (f) Street. A public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting ' property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare. 1 -17- ' VOL 30 PAGE 669 (g) Half Street. A portion of the width of a street usually along the edge of a subdivision, where the remaining portion of the street could be provided in another sub- division. (h) Marginal Access Street. A minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic. ' (i) Local Street. A street intended primarily for access to abutting pro erties p . (j) Stubbed Street. A street having only one outlet for ' vehicular traffic and which is intended to be extended or continued to serve future subdivisions or developments on adjacent lands. ' (147) Roadside Stand. A temporary structure, vehicle or area designed or used for the display or sale of merchandise on the premises ' upon which such a stand is located. (148) Roadway. That portion of a street or road right-of-way developed for vehicular traffic. (149) Scenic Area. Land and other natural features that are valued for their aesthetic values and appearance. (150) 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. (151) Setback. The minimum allowable horizontal distance from a given point or line of reference, such as property line, to the near- est vertical wall or other element of a building or structure as defined herein. (152) Site Plan. A plan prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. ' (153) Stable, Public. A stable other than a private stable. (154) Standing, Legal. See standing as defined in Deschutes County Ordinance PL-9. (155) Start of Construction. Means the first placement of permanent ' construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the preparation, such as clearing, grading and filling. Nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms;. nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a ' mobile home) without a basement or poured footings, the "start of construction" includes the first permanet framing or assembly of the structure or any part thereof on its piling or foundations. For mobile homes not within a mobile home park or mobile -18- VOL 30 PACE 670 home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities. (156) Stock and Trade. The total amount of goods or merchandise used in the operation of a home occupation. ' (157) Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above it, except the top story shall be that portion of a ' building included between the upper surface of the topmost floor and the ceiling or roof above. (158) Story, Half. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story. ' (159) Structure. Anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to some- thing having a location on the ground, including swimming and wading pools and covered patios, excepting outdoor areas such ' as paved areas, driveways, walks and fences. Structural Alteration. Any change in the supporting members of a building, such as a bearing wall, column, beam or girder, i floor or ceiling joist, roof rafters, roof diaphragms, founda- tions, piles, or retaining walls or similar components. 1 (160) Trailer Park. A parcel of land upon which two or more trailers occupied for dwelling or sleeping purposes are located, regard- less of whether a charge is made for such accommodations. ' " " (161) as camping vehicle Travel Trailer. A travel trailer means a defined by Oregon Revised Statutes, which is either a vacation trailer or a self-propelled vehicle or structure equipped with ' wheels for highway use and which is intended for human occupancy and is being used for vacation and recreational purposes, but not for residential purposes, and is equipped with plumbing, sink and toilet. (162) Use. The purpose for which land or a structure is designed, ' arranged, or intended, or for which it is occupied or maintained. (163) Utility Facility. Any major structure owned or operated by a public, private or cooperative electric, fuel, communication, sewage or water company for the generation, transmission, dis- tribution or processing of its products or for the disposal of cooling water, waste or by-products, and including power ' -19- . VOL 30 FACE 671 transmission lines, major trunk pipelines, power substations, dams, water towers, sewage lagoons, sanitary landfills and similar facilities, but excluding local sewer, water, gas, telephone and power distribution lines, and similar minor facilities allowed in any zone. (164) Visual Obstruction. Any fence, hedge, tree, shrub, device, wall or structure exceeding 2-1/2 feet in height above the elevation of the top of the curb or ground as determined by the Planning Director and so located at a street intersection as to dangerously limit the visibility of persons in motor vehicles on said street or alleys. This does not include trees kept trimmed of branches to a minimum height of at least 8 feet. (165) Yard. Means an open space on a lot which is unobstructed from the ground upward, except as otherwise provided in this Ordinance. In determining the required yard for properties abutting the Deschutes River, the edge of the river shall be determined by the ordinary high water mark which shall be the mark on the Deschutes River that will be found by examining the banks and ascertaining where the presence and action of waters are so common as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition existed on April 1, 1976, or as it may naturally change after; provided, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining the Deschutes River shall be the line of mean high water or as determined by the County Planning Commission on evidence submitted by the applicant and other agencies. (166) Yard, Front. An open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this Ordinance. Distances referred to throughout this Ordinance shall constitute building setback requirements. (167) Yard, Rear. An open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as specified else- where in this Ordinance. (168) Yard, Side. An open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this Ordinance. (169) Zone. A portion of the territory of the Bend Urban Area of Deschutes County within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance. (a) Where certain uses are required to be a specified distance from "any R Zone," as provided in this Ordinance, the term "any R Zone" shall include any RS, RM or RH Zone. -20- ` VOL 30 FACE 672 ' (b) The term "any C Zone" shall include any CN, CC, CL, CG, CH or CB Zone. (c) The term "any I Zone" shall include any IP, IL or IG Zone. 7 J C -21- i i vot 30 FAcE 67'3 ESTABLISHMENT OF ZONES AND ZONING MAPS Section 5. Classification of Zones. For the purposes of this Ordinance, the Bend Urban Area is di- vided into zones designated as follows: Zones Urban Area Reserve Surface Min ing Residential - Suburban Low Density Residential - Suburban High Density Residential - Urban Standard Density Residential - Urban Medium Density Residential - Urban High Density Commercial - Neighborhood Commercial - Convenience Commercial - Limited Commercial - Highway Industrial - Park Industrial - Light Industrial - General Flood Plain zones Map Symbol and Abbreviated Designations UAR-10 SM SR-2' SR-20 RS RM RH CN CC CL CH IP IL IG FP -22- VOL 00 PACE 6 74 ' Section 6. Application of Regulations to Zones Generally Except as hereinafter otherwise provided: ' (1) No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used for any purpose or in any manner other than is included among the uses here- inafter listed as permitted in the zone in which such building, land, or premises is located. ' (2) No building or part thereof or structure shall be erected, reconstructed, or structurally altered to exceed in height the limit hereinafter designated for the zone in which ' such building is located. (3) No building or part thereof, or structure shall be erected, ' nor shall any existing building be altered, enlarged, re- built, or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in con- formity with the yard, setback, building location, site ' area, and coverage requirements hereinafter prescribed for the zone in which such building or open space is located. (4) No yard or other open space provided about any building or on any building lot for the purpose of complying with the provisions of this Ordinance shall be considered as pro- viding a yard or other open space for any other building or any other building lot. I F I 1 -23- H I VOL 30 PAGE 675 Section 7. Zoning Map (1) The location and boundaries of the zones designated in Section 5, are hereby established as shown on the map entitled "Zoning Map of the Bend Urban Area" dated with the effective date of this Ordinance and signed by the County Commission hereinafter referred to as the "Zoning Map. (2) The signed copy of said Zoning Map is maintained on file in the office of the County Clerk and is hereby made a part of this Ordinance. Any revisions or replacements of said map, when duly entered, signed, and filed with the County Recorder, as authorized by Subsection (3) of Section 7, are a part of this Ordinance. (3) When the zoning of any area is changed by the County Commission in the manner prescribed by this Ordinance, the Planning Director shall cause the official Zoning Map to be revised so that it accurately portrays said change, and shall endorse on the map adjacent to said revision, the number of the ordinance by which the change of zone was effected, provided that failure to so revise the said map shall not affect the validity of any zone change. The County Commission may, from time to time, direct the Planning Director to replace the official Zoning Map, or a portion thereof, with a map which includes all lawful changes of zone and City boundaries to date. Such map, or portion thereof, filed as a replacement, shall bear the number of the ordinance authorizing same and shall bear dated, authenticating signatures of the County Commission. Any map or portion thereof thereby replaced, shall be re- tained in a separate file by the County Clerk. -24- P 11 VCL 30 PAGE 676 Section 8. Interpretation of Zoning Boundaries. In making a determination where uncertainty exists as to bound- aries of any of the aforesaid zones as shown on said Zoning Map, the following rules shall apply: (1) Where zone boundaries approximately follow streets, alleys, or highways. Where zoning boundaries are indicated as approximately following the centerline or right-of-way line of streets, alleys, or highways, such lines shall be con- strued to be such zoning boundaries. (2) Vacation of public ways. Whenever any street, alley, or other public way is vacated in the manner authorized by law, the zone district adjoining each side of such street, alley, or public way, shall be automatically extended to the center of the former right-of-way and all of the area included in the vacation shall then and henceforth be subject to all regulations of the extended zones. (3) Where boundaries approximately follow lot lines. Where zone boundaries are indicated as approximately following lot lines, such lines shall be construed to be said boundaries. If a zoned boundary divides a lot into two or more zones, the boundary shall be determined by using the sacale of the map and measuring the distance from the property line or distances specified on the map. -25- VOL 30 PACE 671 ' Section 9. Zoning of Annexed Areas. All land annexed to the City of Bend, shall be classified upon ' annexation to a zone consistent with the Comprehensive Plan after hearing and recommendation by the Planning Commission to the City Commission. Any conditions, limitations, or restric- tions applied by the County to regulate a development of land annexed to the City, shall continue to apply until replaced by the City. Where appropriate, the City may continue any re- strictions, limitations and conditions, and enforce the same ' as if applied by the City pursuant to this Ordinance and its procedures. u fl L -26- u r r I VOL 30 FA(E 67$ Section 10. Urban Area Reserve Zone - UAR-10. (1) Purpose: To serve as a holding category and to provide opportunity for tax differentials as urban growth takes place elsewhere in the planning area, and to be pre- served as long as possible as useful open space until needed for orderly growth. (2) Permitted Uses. The following uses are permitted: a. Farm uses as defined in this Ordinance. b. Single-family dwelling. C. Kennel or animal hospital subject to Subsection (2) of Section 26. d. Home occupation subject to Subsection (14) of Section e. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to Subsection (2) of Section 27. f. Day Care Center facilities subject to site review - Section 24 and Section 26(16). (3) Conditional Uses. The following conditional uses may be permitted subject to a conditional use permit and the pro- visions of Section 29 and Section 24. a. Dude or guest ranch. b. Commercial riding stable subject to Subsection (2) of Section 26. C. Livestock sales yard. d. Commercial livestock feeding yard. e. Mining, quarrying, or other extraction, processing, or refining of ore or other natural resource material subject to Subsection (10) of Section 26. f. Cemeteries and mausoleums,crematories, columbariums, and mortuaries within cemetaries provided that no mortuary or crematorium is within 100 feet of a boun- dary street, or where no street borders the cemetary, within 200 feet of a lot in a residential district and subject to Subsection (3) of Section 26. g. Churches. 26. h. Community buildings, lodge, and fraternal organizations, except those carried on as a business for profit. i. Public, parochial, and private schools, but not in- cluding business, dancing, trade, technical or simi- lar schools. -27- "von 30 FAcE 679 j. Parks and recreation facilities, fire stations, li- braries, museums; but not including storage or repair yards, warehouses, or similar uses. k. Recreation facility, public or private; but not in- ' cluding such intensive commercial recreation uses as a race track or amusement park. ' 1. Utility substations or pumping stations with no equip- ment storage and sewage treatment facilities subject to Subsection (12) of Section 26. ' m. Double-wide mobile home as a single family dwelling subject to Subsection (11) of Section 26. ' n. Kennel or animal hospital, subject to Section 26(2). ' (4) Height Regulations. No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed 30 feet in height. (5) Lot Requirements. The following requirements shall be observed: a. Lot Area: Each lot shall have a minimum area of ' Ten (10) acres. b. Lot Width: Each lot shall have a minimum average width of 300 feet with a minimum street frontage of ' 150 feet. C. Front Yard: The front yard shall be a minimum of 50 feet from the existing street right-of-way line or ' the ultimate street right-of-way as adopted on the Comprehensive Plan or Official Map, except that any lot of record less than one acre is size lawfully created prior to (effective date of this ordiance) shall have a minimum front yard of 30 feet. ' d. Side Yard: There shall be a minimum side yard of 10 feet. e. Rear Yard: There shall be a minimum rear yard of 50 feet. ' (6) Signs a. One non-illuminated nameplate or home occupation sign not exceeding one-and-one-half (1h) square feet in area for each dwelling unit. b. One non-illuminated temporary sign not exceeding six (6) square feet in area advertising the sale, ' lease, or rental of the property on which it is located. c. One non-illuminated sign not exceeding twenty-five (25) ' square feet in area identifying a conditional use on the property. Said sign shall be set back at least ten (10) feet from a property line. ' -28- VOL 30 PAGE 680 ' (7) Off-Street Parking. Off-street parking shall be provided as required in Section 25. (8) Other Required Conditions. See Section 26 applying to Special Uses where applicable. J 7 C -29- von 30 PAGE s$1 ' Section 11. Surface Mining - SM Zone (1) Purpose: The purpose of the Surface Mining SM Zone is to: ' a. Implement the Statewide Planning Goals, as set forth by the Oregon Land Conservation and Development Commission; most specifically, Part b, of Goal 5, the ' open spaces, scenic and historic areas, and natural resources goal. ' b. Implement the Comprehensive Land Use Plan for each appropriate planning jurisdiction, each such plan itself being in compliance with the Statewide Planning ' Goals. C. Recognize that minerals and related materials within Deschutes County are a non-renewable resource, and that the extraction and processing of such minerals and materials are beneficial and necessary to the economy of the County and to the welfare of its people. ' d. Zone surface mining and natural resource sites for present use and for future generations, and to plan surface mining and natural resource sites for interim, transitional, and second use utilization. e. Establish standards and procedures which minimize ' visual impact, noise, air and noise pollution, natural and operational hazards, and other environmental impacts of surface mining operations. f. Provide standards for the reclamation of quarry and mining sites which will return the site to a useful condition, and/or decrease the visual and environmental impact. g. Provide that this ordinance and related standards will ' conform to the current requirements of the applicable portions of ORS Chapter 517 and ORS Chapter 541. ' (2) Applicable Areas: This Ordinance shall apply to all lands and waters within t e jurisdictional boundaries of the Bend Urban Growth Boundary. It is a measure for implementing the-Comprehensive Land Use Plans as are in compliance with the Oregon State ' wide Planning Goals, including land-use plans for urban areas in which the Board of Commissioners for Deschutes County have jointly agreed upon management responsibilities for implementing comprehensive land-use plans. (3) Definition: ' a. Surface Mining: Includes all or any part of the process of mining minerals by the removal of overburden and extraction of natural mineral deposits thereby exposed i ' -30- VOL 30 fAGE 602 by any method by which more than 50 cubic yards of ' minerals are extracted or by which at least one acre of land is affected within a period of 12 consecutive calendar months, including open-pit mining operations, auger mining operations, production of surface mining ' refuse, the construction of adjacent or off-site borrow pits (except those constructed for use as access roads), ' and prospecting and exploration activities coming within the quantity or area specifications set forth herein or when such activities affect more than one acre of land for each eight acres of land prospected or ex- plored; but excluding excavations of sand, gravel, clay, rock, or other similar materials conducted by the landowner or tenant for the primary purpose of con- struction, reconstruction, or maintenance of access roads and excavation or grading operations conducted in the process of farming or cemetery operations, on-site road construction or other on-site construction or ' underground mines; and excluding rock, gravel, sand, silt, or similar substances removed from the beds or banks of any waters of this State pursuant to permit issued under ORS 541.605 to 541.660. (Reclamation of ' Mining Lands, ORS 517. 750, number 12). ' (4) Permitted Business and Uses: In the Surface Mining SM Zone, the following uses and their accessory uses are permitted outright, subject to provisions of this section; and the applicant's submission and the Planning Department's subsequent approval of a satisfactory Site Plan as outlined in Section 11 and Section 24. a. Uses, except dwellings, in the UAR-10 Zone, pursuant ' to adopted standards. b. Extraction of all materials, sand, gravel, rock, cinders, ' pumice, top soil, and fill material (including select fill), plus any other mineral or aggregate material. C. Stock piling and storage for mineral or aggregate ' materials produced from the site. d. Crushing. ' e. Processing, washing, and sizing. f. Caretaker's residence. ' g. Buildings, structures, apparatus, equipment, and appur- tenances necessary for these uses to be carried on. ' h. Sale of products produced from the site. ' (5) Conditional Uses Permitted: In an SM Zone, the following uses and their accessory uses are permitted when author- ized, in accordance with the provisions subject to Section ' 24 and 29. 1 -31- a. Public use VOL 30 FAGS 683 b. Semi-public use. NOTE: Where the public and semi-public uses are of a type consistent with, or are dependent on, those uses allowed in the SM Zone. c. Ore smelter. d. Other related activities using materials found pri- marily on the site, such as concrete batching plants, mineral refining plants, hot mix asphalt plants, and concrete products plants. ' (6) Li.mi.tations on Use: a. Nuisances: Any use which creates a nuisance shall be reviewed by the Director for compliance at the time of complaint. b. Screening: Unless the natural topography of the site offers satisfactory screening in the judgement of the Director, the exposed sides of the site shall be screened with landscaped berms, wall, hedges, fences, or similar devices to effectively screen the site from the public. If necessary, upon site plan review, the Director and the applicant may determine that screening ' requirements are not economically feasible or physically possible. ' c. Air, Water, and Noise Requirements: Air and water quality and noise levels shall be in accordance with the re- quirements of the Oregon Department of Environmental ' Quality, as outlined in ORS Chapters 467 and 468, and more precisely in OAR 340-(20, 21, 25, 35, 45), and Subsections. d. Reclamation: The reclamation plan shall be in accordance with, and approved by, the Oregon Department of Geology and Mineral Industries, by standards in ORS Chapter 517. ' The reclamation plan shall be a necessary part of the site plan to be reviewed and approved b y the Director at _ the time of application. ' e. Maintenance: All buildings, structures, and plants used for the production and processing of minerals and other materials as affected by this Ordinance, shall be main- ' tained in such a manner as to assure that such buildings, structures, and plants will not become dilapidated or hazardous. The reclamation plan, as outlined in Section 11(6)d., shall also address disposition of buildings, structures, including, but not limited to, -32- t 7 VOL 30 FACE 084 plants used for the production and processing of minerals and other materials, offices, storage garage and watchman's house, as affected by this ordinance, or any remains thereof. (7) Site Plan Review: In an SM Zone, a use permitted shall be subject to the provisions of this Section. Before any new site development may begin, after the effective date of this ordinance, a site development plan shall be approved by the Director. Subject also to the requirements of Section 24. Construction and development of the site shall be in accordance with the approved site plan. The Commission and Board may adopt standards for plan submittal and review. In considering a site plan for a proposed use in an SM Zone, the Director shall take into account the impact of the proposed use on nearby agricultural, residential, commercial and scenic property, or on any other nearby use of the land; and impact of traffic on affected streets and roads; and economic impact on the community, as well as general environmental impacts. The Commission shall require, as a con- dition of the site plan approval, that the proposed reclamation plan, or any amendments thereto, be approved by the Department. In addition, the Director may require the following as conditions of approval: a. An increase in required setbacks. b. Screening of the proposed use, or parts thereof, by fencing or landscaping. C. Limitations on lighting. The site plan shall be submitted in conformance with Deschutes County Surface Mining Standards which shall be the same as the "Requirements for the Operators Reclamation Plan" as defined by the rules and regulations of the Department in ORS Chapter 517, or in OAR, Chapter 632. (8) Site Plan Evaluation and Approval: ' a. Within thirty (30) days of the receipt of an initial applica- tion, review fee and plans, the Director shall make an evaluation and notify the applicant in writing of any ' additional information necessary for processing. Upon receipt of all required information, the processing of the application will begin. ' b. Each application and site plan shall be reviewed by the Director for conformance with this ordinance. The Director shall transmit the application to affected agencies for ' their review. -33- vat 30 FACE 685 ' c. Upon review of a site plan, and receipt of the application review fee, the Director shall issue a letter to all persons entitled to a distribution of documents under PL-9, out- lining the disposition of the application. The Director shall refer an application to the Commission when there is a disagreement between the application and any individual, agency, or group withstanding in the particular application. The applicant may waive referral, at his discretion. In the event an application is referred to either the Commission, or by the same process, to the Board, the thirty (30) day review period shall be re-initiated upon notification of the applicant that his application has been referred. ' d. In the event the plan is modified during the review period, the review period may be extended for not more than thirty (30) days after final submis-sign of required information. ' e. The application, once approved, shall expire five (5) years from the date of approval. At the end of this five (5) year period the applicant shall cease operations until such time as a new application is submitted and approved. (9) Use Setbacks: Uses within an SM Zone shall maintain a fifty (50) ' foot setback from property line when adjacent to residential development. One hundred (100) foot setbacks shall be maintained from property lines adjoining roads that are in Landscape Manage- ment Areas, and/or in residential areas. These requests shall be reviewed, as provided by the objectives or policies of the Comprehensive Plan, by the Director. (10) Bond, Cash or Security: A bond or security deposit shall be required of all applicants and shall be in accordance with applicable parts of ORS 517.810. (11) Failure to Comply: ' a. If, from an inspection by the Director, it is found that the permittee has not complied, or is not complying, with the reclamation plan or site plan, or regulation contained in this ordinance, enforcement proceedings may be instituted ' by either the County, or the Department, in accordance with ORS Chapter 517.860 and 517.865. b. If a permittee fails to faithfully perform the reclamation required by his reclamation plan, or if the bond or security deposit required by Section 24(5) ' is not sufficient to compensate the Department or the County for all reasonable necessary costs and expenses incurred by it or them in performing the reclamation required by the reclamation plan, the amount due shall be a lien in accordance with ORS ' Chapter 517.865, in favor of the Department and/or County, upon all property whether real or personal, belonging to the permittee. -34- I . VOL 30 FACE M t (12) Exceptions: This Ordinance shall not apply to the following: a. Excavation of sand, gravel, clay, rock, soil, cinders, or ' other similar materials conducted by a landowner or tenant, for the primary purpose of construction, reconstruction or maintenance of access roads or on-site roads, or other construction outside the definition of surface mining, provided that such material is not to be sold as in a commercial operation, and shall not exceed fifty (50) cubic ' yards per 12 consecutive calendar months. b. Excavation or grading operations conducted in the process of farming or cemetery operations, with the provisions in ' Section 11 (11) 1. C. Exception to ORS Chapter 517 when State administration of mineral and aggregate activities are assumed by the Oregon Division of State Lands per ORS Chapter 541.605 to 541.660. Provisions of this Ordinance shall apply to lands and activities administered by the State of Oregon per ' ORS 541.605 to 541.660. d. Exception to Department of Geology and Mineral Industries for dredged mineral and aggregate materials, administered by Oregon Division of State Lands per ORS Chapter 517.611 to 517.700. Provisions of this Ordinance shall apply to ' lands and waters and activities within them administered by the State of Oregon per ORS 517.611 to 517.700. 1 -35- 30 X 687 Section 12. Suburban Low Density Residential District or SR 2h District. ' (1) Purpose. To encourage,accommodate, maintain, and protect large lot suburban type residential developments in areas without community sewer services in suburban areas or in areas which, because of location and physical character- istics, are well suited for such development. (2) Permitted Uses. The following uses are permitted: ' a. Single-family dwelling. b. Farming-excluding the keeping of livestock. ' c. Home occupations subject to Subsection (14) of Section 26. ' d. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to Subsection (2) of Section 27. ' (3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit as provided in Section 24 and Section 29. ' a. Churches subject to Subsection (4) of Section 26. b. Cemeteries and mausoleums, crematories, columbariums, and mortuaries within cemeteries provided that no mortuary or crematorium is within 100 feet (100') of a boundary street, or where no street borders the ' cemetery, within 200 feet (200') of a lot in a resi- dential district and subject to Subsection (3) of Section 26. C. Community buildings, lodge, and fraternal organizations, except those carried on as a business for profit, and subject to Subsection (5) of Section 26. d. Public, parochial, and private schools, including nursery schools, kindergartens, and day nurseries; but not including business, dancing, trade, technical, ' or similar schools subject to Subsection (16) of Section 26. e. Parks and recreation facilities, fire stations, li- braries, museums; but not including storage or repair yards, warehouses, or similar uses. f. Recreation facility, public or private; but not in- cluding such intensive commercial recreation uses as a racetrack or amusement park. g. Utility substations or pumping stations with no equip- ment storage and sewage treatment facilities, subject to Subsection (12) of Section 26. -36- VOL 3 FADE 008 h. Doublewide mobile home as a single-family dwelling, subject to Subsection (11) Section 26. i. Keeping of livestock subject to Subsection (7) of Section 26. j. Kennel or commercial riding stable subject to Sub- section (2) of Section 26. ' k. Planned Unit Development subject to the provisions of Section 30. ' (4) Hei ght Regulations. No building or structure shall here- after be erected, enlarged, or structurally altered to ex- ceed 30 feet (30') in height. ' (5) Lot Requirements. The following lot requirements shall be observed: ' a. Lot area: Each lot shall have a minimum area of 2.5 acres. b. Lot width: Each lot shall be a minimum width of 200 feet. ' c. Front yard: The front yard shall be a minimum of 40 feet. d. Side yard: There shall be a minimum side yard on each side of a building of not less than ten (10) feet. ' e. Rear yard: There shall be a rear yard having a depth of not less than twenty (20) feet. ' (6) Signs a. One non-illuminated name plate or home occupation sign not exceeding one-and-one-half (1h) square feet in area ' for each dwelling unit. b. One non-illuminated temporary sign not exceeding six (6) ' square feet in area advertising the sale, lease, or rental of the property on which it is located. C. One non-illuminated temporary sign not exceeding sixty-four (64) square feet in area advertising lots within that subdivision. Said sign shall be set back at least ten (10) feet from a front or side property ' line. d. One non-illuminated sign not exceeding twenty-five (25) square feet in area identifying a conditional use on the property. Said sign shall be set back at least ten (10) feet from a property line. ' (7) Off-Street Parking. Off-street parking shall be provided as required in Section 25. (8) Other Required Conditions. See Section 26 applying to ' Special Uses and Section 24. -37- 689 30 FADE VOL ' Section 13. Suburban High Density Residential Zone or SR-20 Zone (1) Purpose. SR-20 Zone is intended to provide large urban lots for development with a community water system and individual sewerage disposal systems in areas not planned for community sewerage disposal systems and where soils will accommodate individual disposal systems. ermitted: uses are ll in Th f (2) P itt d U p g e ow erm e ses. o a. Single-family dwelling. b. Agriculture, excluding the keeping of livestock. C. Home occupations subject to the provisions of Sub- section (14) Section 26. d. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to Subsection (2) of Section 27. e. One private garage for each dwelling unit and the ' garage shall not exceed 720 square feet in floor area. (3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit and the pro- visions of Section 24 and Section 29. a. Mobile home subdivision subject to standards of Sub- section (11) of Section 26. b. Churches subject to Subsection (4) of Section 26. C. Cemeteries and mausoleums, crematories, columbariums, and mortuaries within cemeteries, provided that no mortuary or crematorium is within 100 feet of a boun- dary street, or where no street borders the cemetery, within 200 feet of a lot in a residential district and subject to Subsection (3) of Section 26. d. Public, parochial, and private schools, including nursery schools, kindergartens and day nurseries; in- cluding business, dancing, trade, technical or similar schools and subject to Subsection (16) of Section 26. ' e. Parks and recreation facilities, fire stations, libraries, museums; but not including storage or repair yards, warehouses, or similar buses. f. Recreation facility, including country clubs, golf courses, swimming clubs, tennis clubs; but not in- cluding such intensive commercial recreation uses as a racetrack or amusement park. g. Utility substations or pumping stations with no equip- ment storage and sewage treatment facilities. h. Planned Unit Developments subject to provisions of Section 30. -38- C r r i. Temporary subdivision tract offices. j. Community buildings, lodge, and fraternal organizations, except those carried on as a business for profit and subject to Subsection (5) of Section 26. k. Keeping of livestock, subject to Subsection (7) of Section 26. 1. Moving in a single-family dwelling built prior to January 1, 1961. M. Mobile home park, subject to Subsection (8) of Section 26. (4) Height Regulations. No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed 30 feet in height. (5) Lot Requirements. The following lot requirements shall be observed, provided that the Hearings Body may allow smaller lots or different housing types in a new subdivision approved pursuant to this Ordinance and consistent with the Comprehensive Plan designations for preservation of for- ested areas or significant rock outcroppings when these lots are internal to the subdivision or after hearing if they are located on the edge of the new plat. ' 6 C a. Lot Area: Every lot shall have a minimum area of 20,000 square feet. b. Lot Width: Every lot shall have a minimum average width of 100 feet. c. Frontage: Every lot shall have a minimum width at the street of 50 feet except that on an approved cul-de-sac this may be reduced to 30 feet. d. Front Yard: The front year shall be a minimum of 30 feet. e. Side Yard: A side yard shall be a minimum of 5 feet and the sum of the two side yards shall be a minimum of 15 feet. f. Rear Yard: The rear yard shall be a minimum of 20 feet. g. Lot Coverage: Maximum lot coverage by buildings and structures shall be 35 percent of the lot area. Signs a. One non-illuminated name plate or home occupation sign not exceeding one-and-one half (1h) square feet in area for each dwelling unit. b. One non-illuminated temporary sign not exceeding six (6) square feet in area advertising the sale, lease, or rental of the property on which it is located. -39- VOL 30 FACE 6,91 c. One non-illuminated temporary sign not exceeding ' 64 square feet in area advertising lots within that subdivision. Said sign shall be set back at least ten (10) feet from a property line. ' d. One non-illuminated sign not exceeding twenty-five (25) square feet in area identifying a conditional use on ' the property. Said sign shall be set back at least ten (10) feet from a property line. (7) Off-Street Parking. Off-street parking shall be provided ' as required in Section 25. (8) Other Requried Conditions. See Section 26 applying to ' Special Uses and Section 24. 7-- L L -40- vot 30 FACE 602 ' Section 14. Urban Standard Residential Zone - RS Zone (1) Purpose; The RS Zone is intended to provide for the most ' common urban residential densities in places where community sewer services are or will be available and to encourage, accomodate, maintain, and protect a suitable environment for family living. ' (2) Permitted Uses. The following uses are permitted: a. Single-family dwelling. b. Agriculture, excluding the keeping of livestock. ' c. Rooming and boarding of not more than two persons. d. Home occupation subject to the provisions of Sub- section (14) of Section 26. ' e. One private garage for each dwelling unit and the garage shall not exceed 720 square feet in floor area. ' f. Other accessory uses and buildings and structures cus- tomarily appurtenant to a permitted use subject to Subsection (2) of Section 27. (3) Con ditional Uses. The following uses may be permitted ' subject to a Conditional Use Permit and the provisions of Sec tion 24 and Section 29. ' a. Mobile home subdivision subject to standards of Sub- section (11) of Section 26. b. Churches subject to Subsection (4) of Section 26. C. Cemeteries and mausoleums, crematories, columbariums, and mortuaries within cemeteries provided that no mor- tuary or crematorium is within 100 feet of a boundary street, or where no street borders the cemetery, within 200 feet of a lot in a residential district ' and subject to Subsection (3) of Section 26. d. Public, parochial, and private schools, including nursery schools, kindergartens and day nurseries; including business, dancing, trade, technical, or similar schools, and subject to Subsection (16) of Section 26. e. Parks and recreation facilities, fire stations, li- braries, museums; but not including storage or repair yards, warehouses, or similar uses. f. Recreation facility, including country clubs, golf courses, swimming clubs, tennis clubs; but not including such intensive commercial recreation' uses as a race- track or amusement park. g. Utility substations or pumping stations with no equip- ment storage and sewage treatment facilities. -41- I t n vet 30 rAcE 6.93 h. Planned Unit Developments subject to provision of Section 30. i. Temporary subdivision tract offices. j. Rear lot development subject to Site Plan Approval as provided in Section 24 and Subsection (13) of Section 26. k. Community buildings, lodge and fraternal organi- zations, except those carried on as a business for profit, and subject to Subsection (5) of Section 26.. 1. Duplex in areas designated RS provided that each lot occupied by a duplex shall have a minimum area of 12,000 square feet. M. Two single-family dwellings on one lot in areas des- ignated RS provided that each lot occupied by two single-family dwellings shall have a minimum area of 12,000 square feet and also provided that all yard and coverage requirements set forth in Subsection (5) of Section 14, are observed. In addition, no dwelling unit shall be located within 10 feet of any other dwelling unit on the same lot. There shall be provided for the rear dwelling unoccupied and unobstructed access not less than 15 feet wide to the street fronting the lot. n. Keeping of livestock, subject to Subsection (7) of Section 26. o. Moving in a single-family dwelling built prior to January 1, 1961. p. Mobile home park, subject to Subsection (8) of Section 26. (4) Height Regulations. No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed 30 feet in height. (5) Lot Requirements. The following lot requirements shall be observed, provided that the Hearings Body may allow smaller lots or different housing types in a new subdivision approved pursuant to this ordinance and consistent with the Comprehensive Plan designations for preservation of forested areas or significant rock outcroppings when these lots are internal to the subdivision or after hearing if they are located on the edge of the new plat. a. Lot Area: Every lot shall have a minimum area of 6,000 square feet. b. Lot Width: Every lot shall have a minimum average width of 60 feet except that a corner lot shall be a minimum of 70 feet. C. Frontage: Every lot shall have a minimum width at the street of 50 feet except that on an approved cul-de-sac this may be reduced to 30 feet. -42- I t t (6) (7) (8) VOL 30 FACE 694 d. Front Yard: The front yard shall be a minimum of 20 feet except an existing 40 or 50 foot corner lot may have one front yard of 10 feet provided that the garage or carport is at least 20 feet from the front. e. Side Yard: A side yard shall be a minimum of 5 feet and the sum of the two side yards shall be a minimum of 15 feet. f. Rear Yard: The rear yard shall be a minimum of 5 feet. g. Lot Coverage: Maximum lot coverage by buildings and structures shall be 35 percent of the lot area. Signs a. One non-illuminated name plate or home occupation sign not exceeding one-and-one-half (1h) square feet in area for each dwelling unit. b. One non-illuminated temporary sign not exceeding six (6) square feet in area advertising the sale, lease, or rental of the property on which it is located. C. One non-illuminated temporary sign not exceeding 64 square feet in area advertising lots within that sub- division. Said sign shall be set back at least ten (10) feet from a property line. d. One non-illuminated sign not exceeding twenty-five (25) square feet in area identifying a conditional use on the property. Said sign shall be set back as least ten (10) feet from a property line. Off-Street Parking. Off-street parking shall be provided as required in Section 25. Other Required Conditions. See Section 26 applying to Special Uses and Section 24. -43- C H . VOL 30 FADE 695 Section 15. Urban Medium Density Residential Zone- RM Zone. (1) Purpose. This zone is intended to provide for the develop- ment of low density multiple-family residential structures which are reasonably spaced on the lot to provide for light, air, privacy, safety, and insulation against transmission of off-site sound. Each development of three or more units is subject to Site Plan Approval as provided in Section 24. (2) Permitted Uses. The following uses are permitted: a. Two-family dwelling or duplex. b. Two single-family dwellings on one lot, provided that no dwelling is located within 10 feet of any other dwelling on the same lot, and also provided that all lot area, yard, and coverage requirements set forth in Subsection (5) of Section 15, are observed. There shall be provided for the rear dwelling, unoccupied and un- obstructed access not less than 15 feet wide to the street fronting the lot. C. Multiple-family dwellings, apartment houses, and dwelling groups. d. Home occupations in a detached single-family dwelling unit or duplex and subject to the provisions of Sub- section (14) of Section 26. e. Offices incidental and necessary to the conduct of a permitted use. f. Off-street parking lots when appurtenant to a permitted use. g. Mobile home park, subject to the provisions of Sub- section (8) of Section 26. h. Day Care facilities. (3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit and the pro- visions of Section 24 and Section 29. a. Nursing homes, rooming and boarding houses. b. Churches, subject to Subsection (4) of Section 26. C. Public, parochial, and private schools, including business, dancing, trade, technical, or similar schools, and subject to Subsection (16) of Section 26. d. Parks and recreation facilities, fire stations, li- braries, museums; but not including storage or repair yards, warehouses, and similar uses. e. Planned Unit Developments subject to the provisions of Section 30. -44- u 11 . VOL 30 FAA96 f. Utility substations or pumping stations with no equip- ment storage and sewage treatment facilities. g. Off-street parking lots when contiguous to a less re- strictive zoning district. h. Building over 30 feet in height. i. Human Resource Facility. j. Moving and location of a dwelling built prior to January 1, 1961. k. Single-family dwelling. 1. Community building, lodge and fraternal organizations, except those carried on as a business for profit and subject to Subsection (5) of Section 26. M. Medical and dental clinics and laboratories and pharmancy located within a clinic. (4) Height Regulations. No building or structure shall be here- after erected, enlarged, or structurally altered to exceed a height of 30 feet without Conditional Use Permit. (5) Lot Requirements. The following lot requirements shall be observed: a. Lot Area: Every lot shall have a minimum area of 5,000 square feet for the first unit,plus the following minimum unit square foota.ges based upon the number of bedrooms per additional dwelling unit in the following table: Studio or Efficiency 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms 750 Square feet 1,000 square feet 1,500 square feet 2,250 square feet 2,500 square feet provided that the overall density shall not exceed one dwelling unit per-2,000 square feet of lot area. A lot having a width of less than 50 feet, and an area of less than 5,000 square feet of record at the time of the passage of this ordinance, may be occupied by one single- family dwelling provided that all the yard requirements of this section are observed. b. Lot Width: Every lot shall have a minimum average width of 50 feet. C. Frontage: Every lot shall have a minimum width at the street of 50 feet except that on an approved cul-de-sac this may be reduced to 30 feet. d. Front Yard: The front yard shall be a minimum of 20 feet except that on corner lots one front yard need not ex- ceed 10 feet. -45- vas 30 PEA&E 697 e. Side Yard: There shall be a minimum side yard of ' 5 feet and the sum of the side yards shall be minimum of 15 feet. The side yards shall be increased by h foot for each foot by which the building height exceeds 15 feet. ' f. Rear Yard: There shall be a rear yard having a depth of not less than 5 feet. The rear yard shall be increased by h foot for each foot by which the building height ex- ceeds 15 feet. g. Lot Coverage: Maximum lot coverage by buildings and structures shall be 40 percent of the total lot area. ' (6) Si gns. a. One non-illuminated name plate or home occupation sign not exceeding one-and-one-half (1~) square feet in area for each dwelling unit. b. One non-illuminated temporary sign not exceeding six (6) square feet in area advertising the sale, lease, or rental of the property on which it is located. C. One non-illuminated temporary sign not exceeding 64 square feet in area advertising lots within that subdivision. Said sign shall be set back at least ten (10) feet from a property line. d. One non-illuminated sign not exceeding twenty-five (25) square feet in area identifying a conditional use on the property. Said sign shall be set back at least ten (10) feet from a property line. (7) Off-Street Parking. Off-street parking shall be provided as ' required in Section 25. (8) Special Yards and Distances between Buildings. The following special yards and distances between buildings shall be ' observed: ' a. An inner court providing access to double-row dwelling groups shall be a minimum of 20 feet. b. Except for single-family dwellings on one lot, the dis- tance between principal buildings shall be at least one-half the sum of the height of both buildings; pro- vided, however, that in no case shall the distance be ' less than 12 feet. This requirement shall also apply to portions of the same building separated from each other by a court or other open space. (9) Other Required Conditions. See Section 26 applying to Special Uses and Section 25. -46- 11 VOL 30 FAm698 Section 16. Urban High Density Residential Zone - RH Zone. (1) Purpose. This zone is intended to provide for high density multiple-family developments in locations close to shopping and services, transportation, or public open space, and, in appropriate locations, to provide a transitional use area between residential areas and other less restrictive districts. The professional and office uses included in this district are intended to enhance the function of this district in transitional areas and to encourage this transition in a more residential character. (2) Permitted Uses. The following uses are permitted subject to the provisions of Section 24, excluding duplexes. a. Duplexes. b. Two single-family dwellings on one lot, provided that no dwelling is located within 10 feet of any other dwelling on the same lot, and also provided that all lot area, yard, and coverage requirements set forth in Subsection (5) of Section 16, are observed. There shall be provided for the rear dwelling unoccupied and un- obstructed access not less than 15 feet wide to the street fronting the lot. c. Multiple-family dwellings,apartment houses, and dwelling groups. d. Rooming and Boarding houses. e. Medical and dental clinics and laboratories and pharmacy located within a clinic. f. Nursing and convalescent homes. g. Nursery schools, kindergartens and day care facilities, subject to Subsection (16) of Section 26. h. Mobile home park subject to Subsection (8) of Section26. i. Off-street parking lots when appurtenant to a permmitted use. j. Necessary and incidental services, such as, a dining room, barber shop, beauty shop, hobby shop, etc., in- cluded within apartment buildings, provided that the facilities are used by and services rendered to only tenants of the building and their guests. (3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit and the pro- visions of Section 24, Section 29, and Section 30. a. Public, parochial and private schools, including day care facilities, but not including business, technical, or similar schools. b. Dancing or music schools. -47- 30 FACE 699 vat C. Parks, recreation facilities, fire stations, libraries, ' museums; but not including storage or repair yards, warehouses, or similar uses. d. Utility substations or pumping stations with no equip- ment storage and sewage treatment facilities. e. Hospital, laboratory, orthopedic supply house, sani- tarium (except animal hospital and clinic, hospital for sanitarium, mental, drug, or liquor addict cases) and subject to Subsection (4) of Section 26. ' f. Planned Unit Development subject to Section 30. g. Community building, lodge and fraternal organization, except those carried on as a business for profit and ' subject to Subsection (5) of Section 26. h. Off-street parking lots when contiguous to a less re- strictive zoning district. For required development standards, see Section 25. i. Motel, apartment hotel, when located near hospitals or similar facilities, restaurants and bars within a hotel, ' provided there is no external advertising. j. Mortuaries. ' k. Housing for the elderly (see Subsection (17) of Section 26. 1. Buildings in excess of 45 feet. M. Single-family dwelling. ' n. Churches subject to Subsection (4) of Section 26. o. Medical and dental clinics and laboratories and pharmacy ' located within a clinic. (4) Hei ght Regulations. No building or structure shall hereafter be erected, enlarged, or structurally altered to exceed a hei ht of 45 feet with ut c nditi n l use g . o o o a (5) Lot Requirements. The following lot requirements shall be observed: a. Lot Area: Every lot shall have a minimum area of 5,000 square feet for the first unit, plus the following minimum square ' footages based upon the number of bedrooms per additional dwelling unit in the following table: Land Area Land Area lst & 2nd Floor lst &.2nd Floor Studio Efficiency bbU square eet 2255 mare feet 1 b d 50S e s uare feet room 900 square feet ' 2 bedrooms 1,250 square feet 1,000 square feet 3 bedrooms 1,850 square feet 1,550 square feet ' 4 bedrooms 2,100 square feet 1,850 square feet 11 -48- VOL 30 rAcE700 provided that the overall density does not exceed one ' dwelling unit per-1,000 square feet of lot area. A lot having a width of less than 50 feet, and an area of less than 5,000 square feet of record at the time of the ' passage of this Ordinance may be occupied by one single- family dwelling provided that all the yard requirements of this Section are observed. b. Lot Width: Every lot shall have a minimum width of 50 feet. C. Front Yard: The front yard shall be a minimum of 10 feet except on corner lots where vision clearance require- ments shall apply. d. Side Yard: Side yards shall be a minimum of 5 feet. The side yards shall be increased by ~ foot for each ' foot by which the building height exceed 15 feet. e. Rear Yard: The rear yard shall be a minimum of 5 feet. A rear yard shall be increased by h foot for each foot ' by which the building height exceeds 15 feet. f. Lot Coverage: Maximum lot coverage by buildings and structures shall be 50 percent of the lot area. ' (6) Signs. ' a. One non-illuminated name plate or home occupation sign not exceeding one-and-one-half (1;~) square feet in area for each dwelling unit. ' b. One non-illuminated temporary sign not exceeding six (6) square feet in area advertising the sale, lease, or rental of the property on which it is located. ' c. One non-illuminated temporary sign not exceeding 64 square feet in area advertising lots within that subdivision. Said sign shall be set back at least ' ten (10) feet from a property line. d. One non-illuminated sign not exceeding twenty-five (25) square feet in area identifying a conditional use on ' the property. Said sign shall be set back at least ten (10) feet from a property line. ' (7) Off-Street Parking. Off-street parking shall be provided as required in Section 25. (8) Special Yards and Distances Between Buildings. The following special yards and distances between buildings shall be observed: ' a. An inner court providing access to double-row dwelling groups shall be a minimum of 20 feet. b. Except for single-family dwellings on one lot, the dis- tance between principal buildings shall be at least one-half the sum of the height of both buildings; pro- vided, however, that in no case shall the distance be less than 12 feet. This requirement shall also apply to portions of the same buildings separated from each other by a court or other open space. -49- n (9) Other Required Conditions. Special Uses. -50- VOL 30 FACE 701 See Section 26 applying to r u u VOL 30 FAcE 702 Section 17. Neighborhood Commerical Zone - CN Zone. (1) Purpose. This Zone is intended to provide for the location of small businesses and services in residential sections of the County for the convenience of nearby residents; also to recognize existing uses of this type within the County. New CN Zones shall have a maximum area of 20,000 square feet of contiguous land. The business are intended to fit into the residential pattern of development and not create either land use, architectural, or traffic conflicts. The above site sizes for new CN Zones and the following regulations are intended to protect the residential envir- oment and to be consistent with the General Plan. These Zones shall generally be no closer than three-fourths of a mile apart. (2) Permitted Uses. The following uses are permitted in a CN Neighborhood Commercial Zone, subject to the provisions of Section 24. ' a. b. ' c. d. f. Existing residential uses, without any increase in density. Grocery stores. Barber and/or beauty shop. Clothes., cleaning pick-up agency. Laundromat. Accessory buildings customarily appurtenant to a per mitted use. (3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit and the ' provisions of Section 24 and Section 29. a. Residential dwelling units not on the ground floor of a building. ' b. Conversion of an existing dwelling unit to a permitted use. ' (4) Height Regulations. No building or structure shall be hereafter erected, enlarged, or structurally altered to exceed 30 feet in height. ' (5) Lot Requirements. The following lot requirements shall be observed: ' a. Lot Area: Not to exceed h acre in area. b. Lot Width: No requirements. ' c. Lot Depth: Each lot shall have a minimum depth of 100 feet. d. Front Yard: The front yard shall be a minimum of 20 feet. ' -51- FIB (6) (7) VOL 30 FACE ?03 e. Side Yard: None, except when a side lot line is abutting a lot in an RS, RM, or RH Zone and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by h foot for each foot by which the building height exceeds 20 feet. f. Rear Yard: None, except when a rear lot line is abutting a lot in an RS Zone and then the rear yard shall be a minimum of 10 feet. The required rear yeard shall be increased by h foot for each foot by which the building height exceeds 20 feet. g. Lot Coverage: Maximum lot coverage by buildings and structures shall be 35 percent of the total lot area. Off-Street Parking and Loading: Off-street parking and loading space shall be provided as required in Section 25. Other Required Conditions: a. All uses shall be conducted wholly within an enclosed building, except for off-street parking and loading facilities. b. Items produced or wares and merchandise handled shall be limited to those sold at retail on the premises. C. In a CN Zone directly across the street from any RS, RM, or RH Zone, the parking and loading area shall be set back at least 10 feet from the street right-of-way and said area shall be appropriately landscaped along the residential street frontage to protect the char- acter of adjoining and adjacent residential property. Such landscaping shall be maintained. d. See Section 26 applying to Special Uses where applicable. -52- r i I VOL 30 PAGE 304 Section 18. Limited Commercial Zone - CL Zone. (1) Purpose. This zone is intended to establish locations for the development of commercial centers to provide for the shipping and service requirements for large sections of the community and to recognize existing uses both in centers and as parts of commercial strips. (2) Permitted Uses. The following uses are permitted in the CL Zone subject to the provisions of Section 24. a. Existing residential uses without any increase in density b. Ambulance service c. Antique shop. d. Appliance sales (household), including minor repairs e. Art galleries, libraries, and reading rooms, f. Artist supplies and picture framing, g. Auto parts sales, (new) h. Automobile sales (new) i. Bakery, retail j. Bank or other financial institution k. Barber shop 1. Beauty shop m. Book or stationery store n. Bicycle shop o. Clothing store or tailor shop p. Clothes cleaning pick-up agency q. Clothes cleaning agency using non-flammable cleaning agents, including self-service cleaning establishment r. Confectionary or delicatessen s. Dairy products, sales only. t. Drug store, including soda fountain U. Dry goods store, millinery shop, dress shop v. Florist shop w. Food store X. Frozen food locker, excluding wholesale storage y. Furniture store z. Garden supply store aa. Gift shop, notion or variety store bb. Hardware store or paint store cc. Health food store dd. Hobby shop -53- G 11 I VOL 30 PAGE 705 ee. Home furnishings ff. Jewelry store gg. Leather goods and luggage hh. Musical instruments ii. Laundry or dry cleaning establishment jj. Laundry pick-up agency, self-service laundry kk. Medical and dental clinic and office LL. Motel or hotel mm. Office - business or professional nn. Pet shop oo. Photographic supplies and studio pp. Printer qq. Radio and television sales and service rr. Radio and television broadcasting studios and facilities. SS. Restaurant, bar, and cocktail lounge including entertainment. tt. Shoe store, shoe repair shop uu. Service station vv. Toy store ww. Upholstery Shop xx. Planned Unit Development subject to the provisions of Section 30. yy. Technical and business schools zz. Day care center facilities aaa. Accessory uses and buildings customarily appurtenant to a permitted use, such as, incidental storage, are permitted. (3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit and the provisions of Section 24 and 29. a. New residential dwelling units b. Automotive sales lot (used) c. Bowling alley d. Car wash e. Conversion of an existing dwelling unit to a permitted use. f. Dancing or music school, nursery school, kindergarten and day care facility. g. Department store -54- . VOL 30 PAGE 706 ' h. Drive-in restaurant i. Public buildings and public utility buildings and structures as may be appropriate to the CL Zone. j. Church, club, lodge or fraternal organization. k. Commercial off-street parking lot. ' 1. Mortuary m. Theater n. Veterinary clinic or kennel operated entirely within ' an enclosed building. o. Minor automotive repair, battery and tire store provided the business in wholly conducted within an enclosed building and all waste or used parts are removed from the premises each day. 1 (4) Hei ght Regulations. No building or structure shall be here- after erected, enlarged, or structurally altered to exceed a height of 30 feet. ' (5) Lot Requirements. The following lot requirements shall be observed: ' a. Lot Area: No requirements b. Lot Width: No requirements 1 c. Lot Depth: 100 feet d. Front Yard: The front yard shall be a minimum of 10 feet. e. Side Yard: None, except when a side lot line is abutting ' a lot in an "R" Zone, and then the side yard shall be a minimum of 10 feet. The required side yard shall be increased by h foot for each foot by which the building ' height exceeds 20 feet. f. Rear Yard: None, except when a rear lot line is abutting a lot in an "R" Zone, and then the rear yard shall be a ' minimum of 10 feet. The required rear yard shall be in- creased by z foot for each foot by which the building height exceeds 20 feet. ' g. Lot Coverage: Maximum lot coverage by buildings and structures shall be 35 percent of the total lot area. ' (6) Off-Street Parking and Loading. Off-street parking and loading space shall be provided as required in Section 25. ' (7) Other Required Conditions. a. All uses shall be conducted wholly within an enclosed building except for off-street parking and loading facilities, automobile service stations, automobile sales and drive-up windows. -55- voL 30 PACE 70'7 b. Items produced or wares and merchandise handled shall ' be limited to those sold at retail on the premises. C. In any CL Zone directly across the street from an "R" Zone, the parking and loading area shall be set back at least 10 feet from the street right-of-way and said area shall be appropriately landscaped along the resi- dential street frontage to protect the character of the ' adjoining, residential property. Such landscaping shall be maintained. I -56- 30 FAcE 708 VOL ' Section 19. Highway Commercial Zone - CH Zone. (1) Purpose. This zone is intended to provide for those uses which have large site requirements, or are oriented to highway access, or provide service to the traveling public, or are dependent on thoroughfare travel. In addition, highway commercial zones can include limited commercial ' uses and commercial recreation facilities. (2) Permitted Uses. The following uses are are permitted ' subject to the provisions of Section 24. a. Existing residential uses, without any increase in density. ' b. Ambulance service. c. Any permitted use in the CL Zone. d. Bank, office, and financial institution. e. Auto sales lot (including truck sales as part of a car agency), provided all repair work is within an ' enclosed building. f. Automobile parts sales, automobile repair (major), tire sales (including recapping), battery sales and ' repair, all to be conducted within an enclosed building. g. Automobile service station subject to standards of Section 27. h. Car wash facilities. ' i. Carpenter, electrical, plumbing, sheet metal, welding, electroplating, heating and sign shops, auto and furniture-upholstery shops, printing, publishing and ' lithographing shops, and paint shops operated entirely within an enclosed building. j. Commercial recreation facilities such as bowling alley, skating rink, dance hall, but not including golf driving range or drive-in theater. ' k. Equipment sales, service, rental, and repair. i h if r s op. t store, or souven 1. Grocery store, g m. Hotel and motel. n. Mobile home, trailer and recreational vehicle sales and service. o. Motorcycle sales, service, and repair. ' p. Restaurant, cafe, refreshment stand, drive-in restaurant, bar, tavern, club, and lodge. ' q. Retail business and service establishment providing home furnishings, supplies and service for home improvements including garden supplies, nurseries, greenhouses, re- tail lumber yards, paint and wallpaper, plumbing, -57- t t . VOL 30 PAcf 709 heating and electrical sales and services, drapery, floor covering and tile. r. Veterinary clinic operated entirely within an enclosed building. s. Second-hand store operated within an enclosed building. t. Places for public assembly, such as, churches, meeting halls, auditoriums, lodges, clubs, fraternal organi- zations, and mortuaries. U. Public buildings and public utility structures as may be appropriate to the CH Zone. v. Commercial off-street partking lot. w. Planned Unit Development subject to Section 26. X. Radio and television broadcasting studios and facilities. y. Laundry and dry cleaning establishment. z. Monument sales, retail. aa. Accessory uses and buildings customarily appurtenant to a permitted use. bb. Technical and business schools. cc. Day care center facilities. (3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit and the pro- visions of Section 24 and Section 29. a. Automobile sales lot (used). b. Drive-in theater, golf driving range, and miniature golf course. C. Existing industrial uses. d. Trailer park and campground. e. Building over 35 feet in height. f. Auction house or yard. g. Contractor's office and equipment storage yard or storage and rental of equipment commonly used by contractors. h. Wholesale business, storage, warehousing, transfer company, and trucking company. i. Department store. j. Towing service where no wrecked or impounded vehicles are kept on the site. k. Residential use. (4) Height Regulations. No building or structure shall be here- after erected, enlarged, or structurally altered to exceed a height of 35 feet without a conditional use permit. -58- VOL 30 FACE 710 ' (5) Lot be Requirements:. The following lot requirements shall observed: a. Lot Area: No requirements. ' b. Lot Width: No requirements. C. Lot Depth: Each lot shall have a minimum depth 1 of 100 feet. d. Front Yard: The front yard shall be a minimum of 10 feet, except when a side lot line is abutting a lot in an "R" Zone and then the front yard shall be the ' front yard required in the abutting "R" Zone. e. Side Yard: None, except when a side lot line is abutting an "R" Zone and then the side yard shall be a minimum ' of 10 feet. The required side yard shall be increased by h foot for each foot by which the building height exceeds 20 feet. f. Rear Yard: None, except when a rear lot line is abutting a lot in an "R" Zone and then the rear yard shall be a minimum of 10 feet. The required rear yard shall be ' increased by h foot for each foot by which the building height exceeds 20 feet. ' g. Lot Coverage: No requirements. (6) Off -Street Parking and Loading. Off-street parking and ' loading space shall be provided as required in Section 25. (7) Other Required Conditions. a. All business, service, repair, processing, storage or merchandise display on property abutting or across the street from a lot in an "R" Zone, shall be conducted wholly within an enclosed building unless screened ' from the "R" Zone by a sight-obscuring fence or wall not less than 6 feet nor more than 8 feet in height. ' Said fence or wall shall not extend into a required front yard area. b. Motor vehicle,boat, or trailer rental, sales or storage lot shall be drained and surfaced with pavement except in those portions of the lot maintained as landscaped areas. -59- C VOL 30 eACE 711 Section 20. Industrial Park Zone - IP Zone. (1) Purpose; This Zone is intended to provide for research or development of materials, methods, or products, and compatible light manufacturing, in a park-like environ- ment. I(2) Permitted Uses. The following uses are permitted in the IP Zone subject of the provisions of Section 24. ' a. Existing residential uses, without any increase in density, and a dwelling unit for a caretaker or watchman working on the property. ' b. Scientific research or experimental development of materials, methods, or products, including engineering, and laboratory research. c. Administrative, educational, and other related activi- ' ties and facilities in conjunction with a permitted use. d. Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials, such as, ' cloth, plastic, paper, leather, precious or semi- precious metals, or stones. ' e. Manufacture of electric, electronic, or optical in- struments or devices. f. Manufacture of food products, pharmaceuticals, and ' the like, but not including the production of fish or meat products, or fermented foods, such as, sauerkraut, vinegar, or the like, or the rendering of fats and oils. ' g. Planned Unit Development subject to the requirements of Section 30. ' h. Other similar uses which the Commission may find to be similar to those listed as permitted in this Zone and which are not in-consistent with the purpose of this Zone. ' i. Accessory uses and buildings customarily appurtenant to a permitted use, such as, incidential storage, are permitted. ' (3) Con ditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit and the pro- vis ions of Section 24 and Section 29. a. Public buildings and public utility structures and yards, including railroad yards. b. Bank, restaurant, automobile service station or the like, to serve developed permitted uses. C. Warehouse and distribution uses which the Commission finds not to be inconsistent with the purpose of this Zone and which will not impair present or potential use of adjacent properties. d. Buildings over 45 feet in height. -60- I . VOL 30 FACE 712 (4) Height Regulations; No building or structure shall be ' hereafter erected, enlarged, or structurally altered to exceed a height of45 feet without Conditional Use Permit. (5) Lot Requirements. The following lot requirements shall be ' observed: a. b Lot Area: Each lot shall have a minimum area of 1 acre. Lot Width: No re uirements . q . ' c. Lot Depth: Each lot shall have a minimum depth of 100 f eet. d. Front Yard: The front yard shall be a minimum of 35 feet. e. Side Yard: Side yard shall be a minimum of 25 feet except when abutting a lot in an "R" Zone and then the required side yard shall be 50 feet. No side yards ' are required on the side of a building abutting a railroad right-of-way. f. Rear Yard: A rear yard shall be a minimum of 25 feet ' except when abutting a lot in an "R" Zone and then the rear yard shall be 50 feet. No rear yard is re- quired on the side of a building abutting a railroad right-of-way. g. Lot Coverages: The maximum lot coverage by buildings and structures shall be 50 percent of the total lot ' area. (6) Off-Street Parking and Loading. Off-street parking and ' loading space shall be provided as required in Section 26. (7) Other Required Conditions. ' a. All uses in this Zone shall be carried on entirely within a completely enclosed building except for parking and loading, and automobile service stations. ' b. In an IP Zone directly across the street from any "R" Zone, an off-street parking and loading area shall be set back at least 20 feet from the right-of-way, ' and said area shall be appropriately landscaped along the residential street frontage to protect the character of the adjoinging residential property. ' Such landscaping shall be maintained. C. Other yards and unused property on a developed site shall be landscaped and maintained. d. Any use or portion thereof causing noise shall be per- formed in such a manner as not to create a nuisance or hazard on any adjacent property. ' e. Any use or portion thereof causing vibration shall be performed in such a manner as not to create a nuisance or hazard on any adjacent property. -61- . VOL 30 PACE 713 f. Any operation producing intense heat or glare shall ' be performed in such a manner as not to create a nuisance or hazard on adjacent property. g. There shall be no emission of odorous, toxic, noxious ' matter, or dust in such quantities as to be readily detectible at any point along or outside property lines so as to produce a public nuisance or hazard. h. All off-street parking or loading areas and access drives shall be surfaced with dust free surface and shall be maintained. i. Fences, walls, or hedges, may be required by the Site Plan Committee if, in the opinion of the Committee, such screening is necessary to protect the residential ' quality of adjacent property in any "R" Zone. L L C -62- r VOL 30 PAGE 714 Section 21. Light Industrial Zone - IL Zone. (1) Purpose. This zone is intended to provide for those heavier ' commercial and light industrial uses located in existing built-up areas of the City. (2) Permitted Uses. The following uses are permitted in the IL ' Zone subject to the provisions of Section 24. ' a. Any permitted use in the IP Zone. b. Cold storage plants, including storage and office. c. Equipment sales, service, rental and repair. d. Fuel oil distributors. t e. Printing, publishing and book binding. ' f. Public utility buildings and yards. g. Veterinary clinic and hospitals operated entirely within an enclosed building. h. Light fabrication and repair shops, such as blacksmith, cabinet, electric motor, heating, machine, sheet metal, sign, stone monuments, upholstery and welding. i. Assembly, manufacture, or preparation of articles and merchandise from the following previously prepared types ' of materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, leather, precious or semi-precious metal or stones, shell, textiles, tobacco, wax, wire, wood (excluding sawmills, lumber mills,planing mills and molding plants), yarns, and paint not employing a boiling process. ' j. Manufacture, compounding, processing, packing, or treat- ment of such products as bakery goods, candy, cosmetics, dairy products, and meat, drugs, perfume, pharmaceuticals, ' perfumed toilet soap, toiletries; excluding the rendering of fats and oils, fish and meat slaughtering, and fer- mented foods, such as sauerkraut, vinegar and yeast. k. Processing uses such as bottling plants, creameries, lab- oratories, blueprinting and photocopying, laundries, carpet and rug cleaning plants, cleaning and dyeing plants, tire retreading, recapping and rebuilding. 1. Storage or sale yard for building materials, contractor's ' equipment, house mover, delivery vehicles, transit storage, trucking terminal, and used equipment in operable condition. m. Manufacture of concrete products and ceramic products using ' only previously pulverized clay. -63- J 1 WL 30 PAcf 715 n. Manufacture of musical instruments, novelties, rubber or metal stamps, toys, optical goods or precision instruments or equipment. o. Manufacture of artificial limbs, dentures, hearing aids, surgical instruments and dressings and other devices employed by the medical and dental professions. p. Planned Unit Development subject to the provisions of Section 30. q. Other similar uses which the Commission may find to be similar to those listed as permitted in this Zone and which are not inconsistent with the purpose of this Zone. r. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage, are permitted. (3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit and the provisions of Sections 24 and 29. a. Building over 35 feet in height. b. Livestock feed and sales yard. C. Ambulance service. d. Service commercial uses such as banks, offices, restaurants, cafes, refreshment stands, bars, and taverns. e. All types of automobile, motorcycle, truck and equipment sales, service, repair and rental. Automobile and truck service stations subject to Section 26. f. Boat building and repair. g. Retail or combination retail/wholesale lumber and building materials yard, not including concrete mixing. h. Trailer sales, storage, and rental. i. Wholesale distribution of all standard types of prepared or packaged merchandise, such as automobile supplies, drugs,- electrical supplies, furniture, food products, hardware, leather goods, plumbing supplies, textiles and fabrics, and general merchandise. j. Commercial parking lot. k. Nursery school, kindergarten and day-care facility. (4) Height Regulations. No building or structure shall hereafter be erected, enlarged, or structurally altered to exceed a height of 35 feet without Conditional Use. -64- VOL 30 Fact 716 ' (5) Lot Requirements. The following lot requirements shall be observed. ' a. Lot Area: No requirements. b. Lot Width: No requirements. ' c. Lot Depth: Each lot shall have a minimum depth of 100 feet. 1 d. Front Yard: 10 feet, except when abutting a lot in an "R" Zone and then the front yard shall be the front yard required in the abutting "R" Zone. e. Side Yard: None, except when abutting a lot in an "R" Zone and then the side yard shall be a minimum of 20 feet. The required side yard shall be increased by one- half foot for each foot by which the building height exceeds 20 feet. ' f. Rear Yard: None, except when abutting a lot in an "R" Zone, and then the rear yard shall be a minimum of 20 feet. The required rear yard shall be increased by one-half foot for each foot by which the building height exceeds 20 feet. Lot Covera No i t g. ge: requ remen s. (6) Off-Street Parking and Loading. Off-street parking and loading ' space shall be provided as required in Section 25. Other Required Conditions. a. All business, service, repair, processing, storage or merchandise displays, on property abutting or across the street from a lot in an "R" Zone shall be conducted wholly within an enclosed building unless screened from the "R" Zone by a sight-obscuring fence or wall. b. Openings to structures on sides abutting to or across the street from an "R" Zone shall be prohibited if such access or openings will cause glare, excessive noise, or similar conditions such as to have an adverse effect on property in the "R" Zone. C. Motor vehicle, boat, or trailer rental, sales or storage lots, shall be drained and surfaced with pavement, except in those portions of the lot maintained as landscaped areas. d. In any IL Zone, directly across the street from any "R" Zone, the parking and loading area, and outdoor display or storage areas shall be set back at least 10 feet from the right-of-way, and said areas shall be appropriately land- scaped along the residential street frontage to protect the character of the adjoining residential property. Such landscaping shall be maintained. e. Access point from a public road to properties in an IL Zone shall be so located as to minimize traffic congestion and to avoid directing traffic on to access streets of a pri- marily residential character. -65- k r ri n VOL 30 FAcE 717 f. All materials, including wastes, shall be stored, and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create health or fire hazards. g. The emissions of disturbing vibrations or of unpleasant odorous gases or matter in such quaniity or at such amplitude as to be readily detectable at any point beyond the property line of the use creating the vibrations or odors, is prohibited. h. All uses in the IL Zone shall be carried on in such a manner that they do not create smoke, gas, odor, dust, sound, vibration, soot or lighting to a degree which might be obnoxious or offensive to persons residing in or con- ducting business in this or any other Zone. -66- 1 I~ 1 H vot 30 PACE 118 Section 22. General Industrial Zone - IG Zone. (1) Purpose: This Zone is intended to provide for the estab- lishment of light and heavier industrial uses essential to the development of a balanced economic base in an in- dustrial environment with a minimum conflict between in- dustrial uses and residential and light commercial uses. (2) Permitted Uses. The following uses are permitted subject to the provisions of Section 24. a. Any permitted use b. Any manufacturing an IL or IP Zone; assembling, whole fically mentioned the manufacturing of animals. in the IL Zone. not listed as an outright use in processing, repairing, research, sale, or storage uses, not speci- below as a conditional use, excepting of explosives, and the slaughtering (3) Conditional Uses. The following conditional uses may be permitted subject to a Conditional Use Permit and the provisions of Section 24 and Section 29. a. Asphalt plant. b. Wrecking yard or junk yard. C. Buildings over 35 feet in height. d. Livestock feed or sales yard. e. Any permitted use in an IL Zone or IP Zone. (4) Height Regulations. No building or structure shall be here- after erected, enlarged, or structurally altered to exceed a height of 35 feet without a conditional use permit. (5) Lot Requirements. The following lot requirements shall be observed: a. Lot Area: No requirements. b. Lot Width: No requirements. C. Lot Depth: Each lot shall have a minimum depth of 100 feet. d. Front Yard: None, except when abutting a lot in an "R" Zone and then the rear yard shall be a mimimum of 20 feet. The required rear yard shall be increased by ~ foot for each foot by which the building height exceeds 20 feet. e. Side Yard: None, except when abutting a lot in an "R" Zone and then the rear yard shall be a minimum of 20 feet. The required rear yard shall be increased by h foot for each foot by which the building height exceeds 20 feet. f. Lot Coverage: No requirements. -67- ' VOL 30 PACE 719 (6) Off -Street Parking and Loading. Off-street parking and ' loading space shall be provided as required in Section 25. (7) Oth er Required Conditions. a. All business, service, repair, processing, storage, or merchandise display on property abutting or across ' the street from a lot in an "R" Zone, shall be con- ducted wholly within an enclosed building unless screened from the "R" Zone by a sight-obscuring fence or wall. ' b. Openings to structures on sides adjacent to or across the street from an "R" Zone, shall be prohibited if ' such access or openings will cause glare, excessive noise, or other conditions, such as to have adverse effects on property in the "R" Zone. c. Motor vehicle, boat or trailer rental, sales or storage areas, shall be drained and surfaced with pavement except in those portions of the lot main- tained as landscaped areas. ' d. In any IG Zone directly across the street from any "R" Zone, the parking and loading area, and outdoor display or storage areas, shall be set back at least 10 feet from the right-of-way, and said areas shall be appropriately landscaped along the residential street frontage to protect the character of the ad- joining residential property. Such landscaping shall be maintained. e. Access point from a public road to properties in an IG Zone shall be so located as to minimize traffic ' congestion and to avoid directing traffic on to local access streets of a primarily residential character. f. All materials, including wastes, shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents, or create health or fire hazards. ' g. The emission of vibrations or of odorous gases., or matter in such quantities as to be readily detectable at any point beyond the property line of the use ' creating the vibrations or odors, is prohibited. h. All uses in the IG Zone, shall be carried on in such a manner that they do not create smoke, gas, odor, dust, sound, vibration, soot, or lighting to a degree which might be obnoxious or offensive to persons re- siding in or conducting business in this or any other Zone. -68- VOL 30 FAcc 720 Section 23. Flood Plain Combining Zone - FP Zone. (1) Purpose: This Zone is intended to identify and recognize those sections of the community subject to the hazards of periodic flooding and to establish special standards and regulations to reduce flood damage or loss of life in these areas. For the purpose of this ordinance, areas subject ' to flooding and included in the FP Zone, are those desig- nated by HUD flood area map. (2) Permitted Uses. Any use permitted in the basic zones sub- ject to the following limitations and exceptions: a. No existing structure shll be enlarged or structurally altered, nor shall the use be changed without the approval of the Planning Commission. b. No existing land use not including a structure, shall ' be enlarged or changed without the approval of the Planning Commission. c. No new structure or land use shall be permitted with- out the approval of the Planning Commission. d. In the process of reviewing changes in land use or structures, or new land use or structures in this Zone, the Planning Commission shall be guided by con- siderations relating to the nature of the use or structure or change in use or structure as it relates to the flood hazard to life and property. The Commission may require any changes or laterations in sites or structures it deems necessary to reduce or alleviate flood hazards. e. Any new structure or use intended for temporary or permanent human habitation, is prohibited. ' (3) Procedure. ' a. Changes in FP Zoning boundaries shall be made accor- ding to procedures established for changes in other Zoning boundaries in the County. b. When subject to the requirements of this Zoning, the Planning Commission may require site plans, site elevations, and such other data as will assist the Commission in evaluating the proposed structure or land use. C. After reviewing plans and other material submitted by the applicant, the Planning Commission may approve, approve with conditions, or disapprove the issuance of a building permit or other permit in any matter subject to its jurisdiction. -69- 1 VOL 30 PAuE 721 Section 24. Site Plan Review. (1) Purpose. This Section provides tive approval of the design of provements in order to promote and attractive site development and man-made environment. for the review and administra- certain developments and im- functional, safe, innovative compatible with the natural (2) Elements of Site Plan. The elements of a Site Plan are: The layout and design of all existing and proposed improvements, including, but not limited to, buildings, structures, parking and circulation areas, outdoor storage areas, landscape areas, service and delivery areas, outdoor recreation areas, retain- ing walls, signs and graphics, cut and fill actions, accessways, pedestrian walkways, buffering and screening measures, and street furniture. (3) Site Plan Approval Required. a. No building, gradings, parking, land use, sign or other required permit shall be issued for a use subject to this Section, nor shall such a use be commenced, enlarged, altered or changed until a final Site Plan is approved by the Planning Director, pursuant to this Ordinance. b. The provisions of this Section shall apply to all conditional, multiple-family dwellings, and community service uses in any zone, and all developments in the following zones: 1. All commercial zones. 2. All industrial zones. C. Non-compliance with a final approved Site Plan, as approved, shall be a zoning ordinance violation. d. The Board of County Commissioners, Planning Commission, Hearings Officer, may, as a condition of approval of any action in addition to those outlined in (b) above, require that Site Plan approval be obtained prior to issuance of any required permit. (4) Site Plan: Contents and Procedure. a. Any Site Plan shall be filed on a form as provided by the Planning Department and shall be accompanied by such drawings, sketches and descriptions as the County deems necessary to describe the proposed development. A plan shall not be deemed complete unless all information requested is provided. -70- ' VOL 30 PAGE 722 ' b. Prior to filing a Site Plan, the applicant shall confer with the Planning Director concerning the requisites of formal application. h ll h li i cant s a ng, t e app C. Following the pre-application meet file with the Planning Director a Site Plan, which shall ' contain the items listed in e below. d. The applicant, after pre-application conference with the ' Planning Director, shall submit a Site Development Plan, existing natural plant materials inventory of all trees 6" or greater in diameter and other significant species, landscape plan, and architectural drawings (indicating ' floor plans and elevations) with the following information. e. The final Site Development Plan shall indicate the following: ' 1. Access to site from adjacent rights-of-way, streets and arterials. ' 2. Parking and circulation areas. 3. Location, dimensions (height and bulk) and design of ' buildings and signs. 4. Orientation of windows and doors. ' 5. Entrances and exits. 6. Private and shared outdoor recreation spaces. 7. Pedestrian circulation. ' 8. Public play areas. 9. Service areas for uses such as mail delivery, trash ' disposal, above-ground utilities, l oading and delivery. 10. Areas to be landscaped. ' 11. Exterior Lighting. 12. Special provisions for handicapped persons. ' 13. Existing topography of the site at intervals appropriate to the site, but in no case having a contour interval greater than 10 feet. ' 14. Signs. 15. Other site elements and information which wil l assist in ' the evaluation of site development. 16. Public improvements. -71- n n VOL 30 PACE 723 f. The landscape plan shall indicate: 1. The size, species and approximate locations of exist- ing natural plant materials proposed to be retained and new plant materials proposed to be placed on site. 2. Proposed site contouring. 3. An explanation of how drainage and soil erosion is to be dealt with during and after construction. (5) Decision on Final Site Plan. The Planning Director may approve a final Site Plan, disapprove it, or approve it with such modifications and conditions as may be consistent with the Comprehensive Plan or the criteria and standards listed in this Ordinance. The Planning Director, as a condition of approval, shall require that the applicant/developer file with the County a performance bond or other security approved by the Governing Body on a case- by-case basis, to assure his full and faithful performance of the required improvement. The bond shall be for the dollar amount plus 100 of the estimated cost of the improvements. The County Planning Department shall deem whether or not the bond is to cover the cost of said improvements, and incidental expenses. ' A decision on a final Site Plan shall include written conditions, if any, and findings and conclusions. The findings shall specifically address the relationships between the plan and the criteria and standards listed in this Ordinance. (6) Site Plan Criteria. Approval of a final Site Plan shall be based on the following criteria. ' a. Relation of Site Plan elements to environment. 1. The elements of the Site Plan shall relate harmoniously ' to the natural environment and existing buildings and structures having a visual relationship with the site. ' 2. The elements of the Site Plan should promote energy conservation and provide adequate protection from ' adverse climatic conditions, noise and air pollution. 3. Each element of the Site Plan shall effectively, efficiently and attractively serve its function. The elements shall be on a human scale, interrelated, and shall provide spatial variety and order. -72- t VOL 30 PAGE 724 ' 4. In commercial and industrial zones adjacent to State or Federal highways, and/or lying in County juris- diction within urban growth boundaries, a coordinated ' circulation and access plan shall be submitted for the site and all properties in the immediate vicinity (no more than 1/4 mile to each side) to assure the public's safety in entering or leaving the sites, as well as when traveling through the area. This require- ment may be waived by the Planning Director if adequate ' access control and efficient and safe circulation can be obtained without the development and approval of a coordinated circulation and access plan. ' 5. Safety and Privacy. The Site Plan shall be designed to provide a safe environment, while offering appropriate opportunities for privacy and transitions from public ' to private spaces. 6. Special Needs of Handicapped. When deemed appropriate ' the Site Plan shall provide for the special needs of handicapped persons, such as ramps for wheelchairs and braille signs. ' 7. Preservation of Natural Landscape. The landscape and existing grade shall be preserved to the maximum practical degree, considering development constraints ' and suitability of the landscape or grade to serve the applicant's functions. Preserved trees and shrubs shall be protected during construction. ' 8. Pedestrian and Vehicular Circulation and Parking. The location and number of points of access to the site, the interior circulation patterns, the separations between pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to build- ings and structures, shall be harmonious with proposed and neighboring buildings and structures. 9. Drainage. Surface drainage systems shall be designed so as not to adversely affect neighboring properties, ' streets, and/or surface and subsurface water quality. 10. Buffering and Screening. Areas, structures and facilities for storage, machinery and equipment, services ' (mail, refuse, utility wires, and the like), loading and parking and similar accessory areas and structures shall be designed, located, buffered or screened to minimize adverse impacts on the site and neighboring properties. ' 11. Utilities. All utility installations above ground, if such are allowed, shall be located so as to minimize adverse impacts on the site and neighboring properties. i ' -73- VOL 34 PAGE 725 12. Signs and Graphics. The location, texture, lighting, movement, and materials of all exterior signs, graphics or other informational or directional features shall be compatible with the other elements of the Site Plan and surrounding properties. 13. Guidelines designed to assist applicants in developing Site Plans shall be adopted by the Board after review and recommendation by the Planning Commission. 14. Specific criteria which are outlined for each zone shall be a required part of the Site Plan (e.g., lot setbacks, etc.). (7) Required Minimum Standards. I a. Private and shared outdoor recreation areas in Residential Developments. ' 1. Private areas. Each ground level living unit in a residential development subject to Site Plan approval shall have an accessible outdoor private space of not less than 48 square feet in area. The area shall be ' enclosed, screened or otherwise designed to provide privacy for unit residents and their guests. 2. Shared areas. Usable outdoor recreation space shall be provided for the shared use of residents and their guests in any apartment residential development, as follows: (a) Units with one or two bedrooms: 200 sq. ft. per unit. (b) Units with three or more bedrooms: 300 sq. ft. per unit. 3. Storage. Residential developments, convenient areas shall be provided in residential developments for the storage of articles such as bicycles, barbecues, luggage, outdoor furniture, etc. These areas shall be entirely enclosed. b. Required Landscaped Areas. 1. The following landscape requirements are established for multi-family, commercial and industrial develop- ments, subject to Site Plan approval: (a) A minimum of 15% of the lot area shall be land- scaped. (b) All areas subject to the final Site Plan and not otherwise improved shall be landscaped. -74- LI 0 1 VOL 30 PACE 726 2. In addition to the requirement of subpart (1) of subsection (b) above, the following landscape requirements shall apply to parking and loading areas: (a) A parking or loading area may be required to be improved with defined landscaped areas totaling no less than 15 sq. ft. per parking space. (b) In addition to the landscaping required under subpart (2)((a)) of this Subsection, a parking or loading area shall be separated from any lot line adjacent to a roadway by a landscaped strip at least 10 feet in width, and any other lot line by a landscaped strip at least five feet in width. (c) A landscaped strip separating a parking or load- ing area from a street shall contain: (1) Street trees spaced as appropriate to the species, not to exceed 50 feet apart, on the average; and (2) Low shrubs, not to reach a height greater than 3'0", spaced no more than 8 feet apart, on the average; and (3) Vegetative ground cover if required. 3. Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area. 4. The landscaping in a parking area shall have a width of not less than five feet. 5. Provision shall be made for watering planting areas where such care is required. 6. Required landscaping shall be continuously maintained and kept alive and attractive. 7. Maximum height of tree species shall be considered when planting under overhead utility lines. 8. "Landscaped" means the improvement of land by means such as contouring, planting and the location of outdoor structures, furniture, walkways and similar features. -75- VOL 30 EAcE 727 Section 25. Off-Street Parking and Loading. (1) Compliance. No building or other permit shall be issued until ' plans and evidence are presented to show how the off-street parking and loading requirements are to be fulfilled and that property is and will be available forexclusive use as off-street parking and loading space. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of park- ing and loading space required by this Ordinance. ' (2) Off-Street Loading. Every use for which a building is erected or structurally altered to the extent of increasing the floor area to equal a minimum floor area required to provide loading space, and which will require the receipt or distribution of materials or merchandise by truck or similar vehicle, shall provide off-street loading space on the basis of minimum 1 requirements as follows: (a) Commercial, industrial'. and public utility uses which have a gross floor area of 5,000 square feet or more shall pro- vide truck loading or unloading berths in accordance with the following table: Square Feet of Floor Area Number of Berths Required Less than 5,000 0 5,000 - 30,000 1 30,000 - 100,000 2 100,000 and Over 3 (b) Restaurants, office buildings, hotels, motels, hospitals and institutions, schools,and colleges, public buildings, recreation or entertainment facilities and any similar use which has a gross floor area of 30,000 square feet or more shall provide off-street truck loading or unload- ing berths in accordance with the following table: Square Feet of Floor Area Number of Berths Required Less than 30,000 0 30,000 100,000 1 ' 100,000 and Over 2 (c) A loading berth shall contain space 10 feet wide, 35 feet ' long and have a height clearance of 14 feet. Where the vehicles generally used for loading and unloading exceed these dimensions the required length of these berths shall be increased. ' -76- LI VOL 30 FACE 728 1 (d) If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result ' in less space than is required to adequately handle the needs of the particular use. (e) Off-street parking areas used to fulfill the requirements of this Ordinance shall not be used for loading and un- loading operations except during periods of the day when not required to take care of parking needs. (3) Off-Street Parking. Off-street parking spaces shall be pro- vided and maintained as set forth in this section for all uses in all Zones except the CB Zone. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of this Ordinance is changed. Improved off-street parking shall mean paved with two inches of paving. (4) Number of Spaces Required. Off-street parking shall be pro- vided as follows: Use Requirement ' (a) Residential One, two and three family dwellings: 2 spaces per dwelling unit Multi-family dwelling I containing four or more dwelling units: d I~ .75 space per unit 1.00 space per unit 1.50 space per unit 2.25 space per unit 2.50 space per unit .50 space guest parking per dwelling unit 1 space per guest room plus 1 space per 2 employees 1 space per guest room or suite plus 1 additional space for the owner or manager Spaces to meet the combined requirements of the uses being conducted such as hotel, restaurant, auditorium, etc. Studio or Efficiency Unit 1 Bedroom Unit 2 Bedroom Unit 3 Bedroom Unit 4 Bedroom Unit Apartment-hotel, rooming or boarding house: (b) Commercial Residential Hotel: Motel: Club or Lodge: -77- 1 space for each 6 student beds Requirement 1 space per 3 beds for patients or inmates 1 space per two beds for patients or residents 1.50 spaces per bed 1 space per 4 seats or 8 feet of bench length in the main auditorium 1 space per 400 square feet of floor area plus 1 space per 2 employees 2 spaces per teacher 1 space per employee or 1 space per 4 seats or 8 feet of bench length in auditorium or assembly room, whichever is greater 1 space per employee plus 1 space for each 6 students or 1 space per 4 seats or 8 feet of bench length in the main a-uditorium, which- ever is greater 1 space per 3 seats in classrooms 1 space per 4 seats or 8 feet of bench length. If no fixed seats or benches, 1 space per 60 square feet of floor area VOL 30 FACE 729 Fraternity, sorority or dormitory: Use (c) Institutions Welfare or correctional institution: Convalescent hospital, nursing home, sanitarium, rest home, home for the aged: Hospital: (d) Places of Public Assembly Church: Library, reading room, museum, art gallery: Pre-school nursery or kindergarten: Elementary or Junior High School: High School: College or commercial school for adults: Other auditorium or meeting room: -78- i Use (e) Commercial Amusements Stadium, arena or theater: Bowling alley: Dance Hall or Skating Rink: (f) Commercial Retail store except stores selling bulky merchandise and grocery stores 1,500 square feet gross floor area or less: Supermarkets, grocery stores 1,501 to4;000 square feet: 4,001 square feet and over: Service or repair shops, retail stores and outlets selling furniture, automo- biles or other bulky merchan- dise where the operator can show the bulky merchandise occupies the major area of the building: Bank or office (except medical and dental): Medical and dental office or clinic: Eating or drinking estab- lishments: Mortuaries: -79- VOL 30 FADE 730 Requirement 1 space per 4 seats or 8 feet of bench length 6 spaces per lane plus 1 space per 2 employees 1 space per 100 square feet of floor area plus 1 space per 2 employees 1 space per 300 square feet of gross floor area 1 space per 150 square feet of gross floor area 1 space per 100 square feet of gross floor area 1 space per 600 square feet of gross floor area 1 space per 300 square feet of gross floor area 1 space per 150 square feet of gross floor area 1 space per 60 square feet of gross floor area 1 space per 4 seats or 8 feet of bench length in chapels I Use (g) Industrial Manufacturing establishment: Storage warehouse, ' wholesale establishment, rail or trucking freight terminal: t 1 VOL 30 FACE 731 Requirement 1 space per employee on the two largest working shifts 1 space per 2,000 square feet of floor area (h) Other uses not specifically listed above shall furnish parking as required by the Planning Commission. The Planning Commission shall us the above list as a guide for determining requirements for said other uses. (5) General Provisions - Off-Street Park (a) More Than One Use on One or More Parcels. In the event several uses occupy a single structure or parcel of land, the total requirement for off-street parking shall be the sum of the requirements of the several uses computed separately. (b) Joint Use of Facilities. The off-street parking require- ments of two or more uses,.structures or parcels of land may be satisfied by the same parking or loading space used jointly to the extent that it can be shown by the owners or operators of the uses, structures or parcels that their operations and parking needs do not overlap in point of time. If the uses, structures or parcels are under separate ownership, the right to joint use of the parking space must be evidenced by a deed, lease, contract or other appropriate written document to establish the joint use. (c) Location of Parking Facilities. Off street parking spaces for dwellings shall be located on the same lot with the dwellings. All other off street parking shall be located on the lot with the use, or if not located on the same lot, shall first be approved as a conditional use. The applicant must prove that the parking located on another parcel is functionally located and that there is safe vehicular and pedestrian access to and from the use. The burden of prov- ing the existence of such off-premise parking arrangements rests upon the person who has the responsibility of pro- viding parking. (d) Use of Parking Facilities. Required parking space shall be available for the parking of operable passenger automobiles of residents, customers, patrons and employees only, and shall not be used for the storage of vehicles or materials or for the parking of trucks used in conducting the business or used in conducting the business or use. -80- VOL 30 FACE 732 ' (e) Parking, Front Yard. Unless otherwise provided, required parking and loading spaces for multi-family dwellings, commercial and industrial use shall not be located in a required front yard, but such space may be located within a required side or rear yard. (6) Development and Maintenace Standards for Off-Street Parking Areas. ' Every parcel of land hereafter used as a public or private area, includina commercial parking lots, shall be developed as follows: (a) An off-street parking area for more than five vehicles ' shall be effectively screened by a sight-obscuring fence, hedge or planting, on each side which adjoins a residential use or property situated in a Residential Zone or the premises of any school or like institution. (b) Any lighting used to illuminate the off-street parking areas shall be so arranged that it will not project light rays directly upon any adjoining property in an "R" Zone. (c) 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 move- ments or other maneuvering within a street or right-of- way other than an alley. (d) Areas used for standing and maneuvering of vehicles shall be paved surfaces maintained adequately for all weather use and so drained as to contain any flow of water on the site. (e) Except for parking to serve residential uses, parking and loading area adjacent to or within residential zones or adjacent to residential uses shall be designed to minimize disturbance of residents. (f) Access aisles shall be of sufficient width for all vehicular turning and maneuvering. (g) Service drives to off-street parking areas shall be designed and constructed to facilitate the flow of traffic, provide maximum safety of traffic access and egress and maximum ' safety of pedestrians and vehicular traffic on the site. The number of service drives shall be limited to the mini- mum that will accommodate and serve the traffic anticipated. Service drives shall be clearly and permanently marked and defined throughout by the use of rails, fences, walls, or other barriers or markers. Service drives to drive-in establish- ments shall be designed to avoid backing movements or other maneuvering within a street other than an alley. (h) Service drives shall have a minimum vision clearance area formed by the intersection of the driveway center line, the street right-of-way line and a straight line joining said lines through points 30 feet from their intersection. -81- r-, I t i I Ya 30 mf 733 (i) Parking spaces along the outer boundaries of a parking area shall be contained by a curb or bumper rail so placed to prevent a motor vehicle from extending over an adjacent property line or a street right-of-way. (7) Off-Street Parkin Lot Design. All off-street parking lots shall be designed in accordance with County standards for stalls and aisels as set forth in the following drawings and table: A B C D E F 91-0" 9.0 12.0 22.0 30.0 00 91-6" 9.5 12.0 22.0 31.0 10'-0" 10.0 12.0 22.0 32.0 9'-0" 19.8 13.0 12.7 52.5 450 9'-6" 20.1 13.0 13.4 53.3 10'-0" 20.5 13.0 14.1 54.0 9'-0" 21.0 18.0 10.4 60.0 600 .9'-6" 21.2 18.0 11.0 60.4 10'-0" 21.5 18.0 11.9 61.0 9'-0" 21.0 19.0 9.6 61.0 700 9'-6" 21.2 18.5 10.1 60.9 10'-0" 21.2 18.0 10.6 60.4 9'-0" 20.0 24.0 9.0 64.0 900 9'-6" 20.0 24.0 9.5 64.0 10'-0" 20.0 24.0 10.0 64.0 A Parking Angle B Stall Width C 20' Stall D Aisle Width - one way* E Curb Length per Car F Bay Width * 24' minimum for two way traffic (a) For one row of stalls use "C" + "D" as minimum bay width. (b) Public alley width may be included as part of dimension "D", but all parking stalls must be on private property, off the public right-of-way. (c) For estimating available parking area, use 300 - 325 square feet per vehicle for stall, aisle and access areas. (d) For narrow lots equivalent size stalls and aisles may be approved by the Public Works Director. -82- F D I . VOL 30 fAcE 734 ' (e) For large parking lots exceeding 20 stalls, alternate rows may be designed for compact cars provided that the compact stalls do not exceed 30 percent of the total required stalls. A compact stall shall be 8 feet in width and 17 feet in ' length with appropriate aisle width. -83- Section 26. Provisions Applying to Special Uses. to the standards of this Ordinance, the following shall comply with the provisions of this Section: C)n In a3ditAV FACE 735 special uses ' (1) Automobile Service Stations - Minimum Standards. a. Location: No portion of any service station shall here- after be constructed within 1,500 feet of any part of a building housing another service station, except where such other service station is abandoned and subject to removal under this Section. This shall not prevent the remodeling of an existing service station. b. Minimum Lot Size: The minimum lot size for a service station site shall be 12,000 square feet. The minimum street frontage on the major traffic carrying street of a corner lot shall be 100 feet. The minimum street frontage for a service station site on an interior lot shall be 120 feet. The minimum lot depth shall be 100 feet. ' c. Setbacks: Service stations shall set back from property lines not less than 10 feet. Attached or free-standing canopies may not extend closer than 10 feet to the pro- perty line. The minimum 10 feet distance between pro- perty line and building shall be appropriately land- scaped as a continuation of the service stations's ' required landscaping. d. Screening: A sight obscuring fence or wall not less than 6 feet or more than 8 feet or an evergreen hedge planted at 4 feet and capable of obtaining 6 feet in height, shall be provided between the service station and abutting property in a residential zone or used for residential purposes- Said wall, fence, or hedge, shall be reduced to 2h feet in vision clearance areas. A screened trash enclosure shall be provided on each ' station site. e. Landscaping: Landscaping shall be installed and main- tained occupying a minimum of 5 percent of the station site's net area. Plans for landscaping shall be approved during site plan review. ' f. Lighting: Lighting shall be of such illumination, di- rection, color, and intensity as not to create a nuisance on adjacent property or to create a traffic ' hazard. Wiring for the business and its signs and light fixtures, shall be undergorund. g. Other Requirements: No storage of inoperative auto- mobiles or parts thereof, shall be permitted except in enclosed structures for any period exceeding 72 hours. -84- VOL 30 FACE 736 Off-street parking space shall be provided for each ' attendant of the largest shift. Sales storage and display of merchandise shall be conducted within a building, except for gasoline, oil, windshield wiper ' blades, and other accessories of like size. Use of property for service station may also include the sale and installation of motor vehicle accessories, minor vehicle repairs (such as tuneups, tire repair and the like), emergency vehicle repairs, and any other sale, service, or activity customarily incidental to the operation of a service station where such other sale, ' service, or activity would other wise be permitted within the Zone. h. Abandonment. Whenever a service station is not used as such for a continuous period of nine months, all struc- tures and facilities above and below the ground shall be re- moved by the owner. Operation for at least 90 consecutive ' days shall be required'to interrupt a continuous nine-month period. All service stations which are unused for nine months as provided above are hereby declared to be nuisances ' and subject to abatement as provided in Ordinance No. NS-744. (2) Kennels, Riding Academies, and Public Stables. In an UAR-10 or SR 2'h Zone, kennels, riding academies, and public stables shall be located not less than 200 feet from any property line, shall provide automobile and truck ingress and egress, and shall also provide parking and loading spaces so de- signed as to minimize traffic hazards and congestion. Applicants shall show that odor, dust, noise, and drainage shall not constitute a nuisance, hazard, or health pro- blem to adjoining property or uses. (3) Cemetery, Crematory, or Mausoleum. A cemetery, crematory, or mausoleum shall its principal access on a major street or road with ingress and egress so designed as to minimize traffic congestion and shall provide required off-street parking space. Cemeteries located within any SR or R Zone or abutting such Zone, shall establish and maintain appro- priate landscaping and screening to minimize the conflict with abutting residential use. ' (4) Churches, Hospitals, or other Religious Institutions. In an SR or R Zone, all such uses shall be located on an arterial street, all buildings shall be set back a minimum of 30 feet from a side or rear lot line, all off-street parking facilities shall be adequately screened from abut- ting property, and no sign shall exceed 10 square feet in area or be internally illuminated. (5) Community Buildings, Social Halls, Lodges, Fraternal Organizatiosn and Clubs. All buildings shall be set back a minimum of 30 feet from a side or rear lot line, there shall be no external evidence of any incidental commercial activities taking place within the building, all such uses ' shall be located on a major street or road, and be able to provide access without causing traffic congestion on local redisidential streets. -85- VOL 30 FAME ! ' (6) Drive-in Theaters. Drive-in theaters shall be located only on a major street or road, shall provide ingress and egress so designed as to minimize traffic congestion, shall be so ' screened from any residential Zone or dwelling that any noise shall not disturb residents or prospective residents, shall maintain signs and other lights only in such a way as not to disturb neighboring residents, and shall be so ' designed that the screen will be set back from and shall not be clearly visible from any highway. ' (7) Keeping of .Livestock. The Planning Commission may authorize the keeping of livestock as a Conditional Use in an RS, SR, or R Zone, subject to the following standards: a. One horse, cow, goat, sheep, swine, or other livestock, shall have a corral or pasture with a usable area of at least 7,500 square feet; two horses, cows, goats, ' sheep, swine, or other livestock, at least 10,000 square feet; and for each additional horse, cow, goat, sheep, swine, or other livestock, at least 5,000 square feet, but in no case shall be allowed on any parcel of land less than one acre in size. b. No enclosure for horses, cows, goats, sheep, swine, or ' other livestock, shall be located closer than 100 feet to a neighboring dwelling. c. Fences erected in connection with the keeping of live- ' stock shall be of lumber, or other standard fencing material (not including barbed wire or electric fence), shall be kept in good repair, and shall be at least ' 4 feet in height. A fence shall meet the setback re- quirements of the Zone. (8) Mobile Home Park. a. The minimum area for a mobile home park shall be 3 acres. ' b. The average area of mobile sites within the mobile home park shall not be less than 4,000 square feet, excluding roadways, recreation areas, and other accessory facilities. No mobile home site shall have ' an area less than 2,000 square feet. C. A sight obscuring fence or hedge not less than 6 feet high shall enclose the mobile home park except at ' points of entry and exit. d. Two parking spaces shall be provided for each mobile home site. In addition, guest parking spaces shall ' be provided in every mobile home park within 200 feet of the mobile home sites served, at a ratio of one parking space for each two mobile home sites. e. Development of a mobile home park shall meet with all the specifications of the Oregon State Department of Commerce. -86- J I I n 0 C . VOL 30 rAtE 738 (9) Temporary Permits for Mobile Homes. Temporary use permits for mobile home or trailer house type units may be author- ized by the Planning Director in the following circumstances upon such terms and conditions as prescribed by the Planning Director. a. Temporary use permits may be granted in favor of schools for specified time. b. Temporary use permits may be granted in residential zones for relatives of the family residing on the property if the mobile home will be used because of a medical problem requiring the use of such a unit. The existence of a medical problem shall be supported by the certificate of a medical doctor. The permit shall not exceed one year and may only be renewed with another certificate from a medical doctor. C. Temporary use permits may be granted in connection with construction projects. The duration of such permits shall not continue beyond the construction period and the permit shall terminate upon occupancy of the building being constructed. The Building official may issue such permits. (10) Mines, Quarries, Gravel Pits, or Gravel Removal Sites. Extractions from deposits of rock, stone, gravel, sand, earth, minerals, building or construction materials, shall not be construed to be a permitted use in any Zone of this Ordinance (except as outlined in Section 11 for permitted uses in an.SM Zone) unless a Conditional Use Permit shall first have been obtained as provided in Section 29, except for on-site excavation and grading in conjunction with a specific construction or-improvement project. The Planning Commission shall have the power to grant Conditional Use Permits, which are valid for a specified peirod of time or are revocable, to permit extractions from deposits of rock, stone, gravel; sand, earth, minerals or building or construction materials. Odors, dust,-noise or drainageshall not be permitted to create or become a nuisance to surrounding property. (11) Mobile Home Standards. Mobile homes allowed outright on individual lots (of 5 acres and above) but mobile home subdivisions or Planned Unit Developments shall meet the following minimum requirements. a. Insignia of Compliance. The mobile home shall conform to the current Oregon State electrical, plumbing, heating, and structural codes whose conformance shall be signified by the display of the "Insignia of Compliance" of the State of Oregon, pursuant to and prescribed under applicable State statues ORS 446.002 and ORS 446.200 and all subsequent amendments thereto. b. Skirting. The unit shall have continuous skirting of non-decaying, non-corroding, rodent-proof material. Skirting shall be vented. An 18 x 24 inch access shall be provided in the skirting. Skirting shall be in- stalled within 60 days of the date of issuance of the building permit. -87- f C L 7 VOL 30 rAcE 739 C. Storage and Accessory Requirements. Each mobile home shall be provided with an accessory building which encloses a minimum of 70 (7 x 10) square feet for accessory storage. The accessory storage building shall be constructed to the Uniform Building Code standards. Construction of required storage building shall be completed within 60 days of the date of issuance of the building permit. d. Permits. A building permit shall be obtained from the Building Official prior to move in and location of any mobile home on any tract of land and shall include other site constructed buildings or structures. e. Special Setbacks. Special setbacks as detemined by the Planning Director, may be required in areas with scenic impact and in all areas designated for landscape manage- ment on the Comprehensive Plan. Also, special setbacks and landscape requirements may be required where the property adjoins frame dwelling residential units. (12) Utilities The erection, construction, alteration, or main- tenance by public utility or municipal or other governmental agencies of underground, overhead, electrical, gas, steam, or water transmission or distribution systems, collection, communication, supply or disposal system, including poles, towers, wires, mains, drains, sewers, pipes, conduits, calbes, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings, may be permitted in any Zone. Utility transmission and distribu- tion lines, poles, and towers, may exceed the height limits otherwise provided for in the ordinance. However, in con- sidering an application for a public utility use, the Hearing Body shall determine that the site, easement, or right-of-way is located so as to best serve the immediate area, and in the case of a right-of-way or easement, will not result in the uneconomic parceling of land. As far as possible, transmission towers, poles, overhead wires, pumping stations, and similar gear shall be so located, designed, and installed as to minimize their effect on scenic values. (13) Rear Lot Permits. a. Purpose. The purpose of this section is to permit development of deep lots in residential areas which are incapable of being subdivided or otherwise de- veloped under the strict application of this Ordinance. No deep lots or other large parcels of land may be developed under this Section if the property is physi- cally capable of being subdivided, either separately or in conjunction with adjacent properties, either now or in the future. Any property proposed to be developed under this Section shall comply with all of the following eligibility and development requirements. -88- H i vat 30 u 740 b. Eligibility. Property must be less than 4 acres in area. Property must be so situated that further sub- division or segregation under terms of other applicable County Ordinances and regulations is not possible, either individually or in conjunction with any other adjacent property. Minimum Area: Twice that required by the applicable Zone. Minimum Depth: 200 feet Minimum Width: As required by applicalbe Zones. C. Development Standards. Provided the eligibility re- quirements are met, a permit may be issued subject to the followina standards and criteria: Front Parcel: Minimum Lot Width: 10 feet less than required by applicable Zones. Minimum Lot Depth: 100 feet. Yard Requirements: Same as required in applicable Zones. Rear Parcel: Access Way Minimum: 20 feet for first 150 feet; 30 feet if access way greater than 150 feet. Maximum access way width: 30 feet. Yard Requirements: No building shall be erected within 10 feet of any property line. Lot area: Area of rear lot shall be within 15 percent of the area of the front lot. Access way shall be conveyed with ownership of rear lot and shall be an integral part of the rear lot. Access way shall be paved. Development of property subject to approval by the Site Plan Committee. Applicant shall submit site plan for all buildings, structures, and other improvements, such as roadways, walks, and parking facilities to the Site Plan Committee for approval. All improvements made on the property shall conform to the plans as approved by the Site Plan Committee (14) Home Occupation. An occupation carried on within a dwelling by members of the family occupying the dwelling with no servant, employee, or other persons being engaged, provided the occupation is conducted in such a manner as not to give an outward appearance nor manifest any characteristic of a business in the ordinary meaning of the term nor infringe upon the right of neighboring residents to enjoy the peace- ful occupancy of their homes. Such occupations shall be a secondary use on the premises, shall not occupy more than 25 percent of the floor area of one floor of the dwelling and there shall be no stock in trade stored or displayed, or goods sold upon the premises. Signs shall be permitted according to the provisions of the Ordinance. For purposes of this Ordinance, nursery schools and kindergartens shall not be considered as home occupations in residential zones. -89- 11 VOL 30 fAcE 741 (15) Landing Strips for Aircraft and Heliports. All landing strips and heliports for aircraft shall be so designed and facilities so oriented, that the incidents of aircraft passing directly over dwellings during their landing or taking off pattern is minimized. They shall be located so that traffic, both land and air, shall not constitute a nuisnace to neighboring uses. The proponents shall show that adequate controls or measures will be taken to prevent offensive noise, vibrations, dust, or bright lights. New landing strips and heliports shall not be construed to be a permitted use in any Zone established by this Ordinance unless and until a Conditional Use Permit shall first have been secured therefore. (16) Nursery Schools and Kindergartens. Nursery schools and kindergartens shall have a minimum site size of 10,000 square feet and shall provide and thereafter maintain out- door play areas with a minimum area of 100 square feet per-child of total capacity. In any SR, R, C, or I Zones, a sight - obscuring fence of at least 4 feet but not more than 6 feet in height, shall be provided separating the play area from abutting lots. Adequate off-street parking and loading space shall be provided. (17) Housing for the Elderly. Purpose. The purpose of this Section is to establish standards for housing developments for the elderly within the RH Zone . Housing developments for the elderly shall be exempted from applicable Zone regulations only insofar as the provisions in this Section conflict with appropriate regulations. a. The minimum lot area for single and two-family dwellings shall be 5,000 square feet. For each additional dwelling unit the original lot's area shall be increased by 360 square feet provided that more than 50 percent of the dwelling units shall be studio apartments. For the purpose of this Section, a studio apartment is defined as an aprtment with one principal room and having no bedrooms. b. The combined lot coverage of all structures shall not exceed 50 percent of the lot area. C. Off-street parking shall be provided as follows: Total off-street parking area - .75 space per-dwelling unit. ' Improved off-street parking area - .33 space per- dwelling unit. As long as the multiple-family dwelling serves as housing for the elderly in terms of the original in- tent for the development, the smaller parking require- ment shall apply. Any applicant must provide a site -90- Vol 'ACF~~ ' plan showing the total off-street parking area including access and parking spaces in the event the development ceases to serve as housing for elderly or requires ' additional parking. In the event that the development ceases to serve as housing for the elderly in terms of the original intent of the development, the larger off- street parking area does not meet the parking needs of the development, the Planning Commission may require development of the total or larger off-street parking area. -91- VOL 304 Section 27. Interpretations and Exceptions. (1) General Exceptions to Lot Size Requirements. If at the time of passage of this Ordinance, or annexation to the City, a lot, or the aggregate of contiguous lots, or land parcels held in a single ownership, has an area of dimension less than required for the Zone in which the property is located, the lot or aggregate holdings may be occupied by any per- mitted use in the Zone subject to compliance with all other requirements of the Zone; provided, however, that the use ' of a lot in an "R" Zone which has an area deficiency shall be limited to a single-family dwelling. ' (2) Accessory Structures and Uses. a. A guest house may be maintained accessory to a dwelling provided the guest house has no cooking facilities. ' b. An accessory building shall not be located within 10 feet of a principal dwelling existing or under construction on ' the same lot. C. Fences, site obscuring, may be located in a required front yard or in a vision clearance area provided that ' they shall not exceed 2h feet in height measured-from the top of the curb. (3) Frontage. Except as permitted by other provisions of the Ordinance, no lot shall contain any building used in whole or in part for residential purposes unless said lot abuts ' a street for a distance of at least 30 feet. (4) Vision Clearance and Vision Clearance Area. Vision Clearance ' Area shall be provided with the following distances es- tablishing the size of the vision clearance area: a. In a residential zone the minimum distance shall be 30 feet, or at intersections, including an alley, 10 feet. b. In all other zones where yards are required, the minimum distance shall be 15 feet or at intersections, including an alley, 10 feet, except that when the angle of inter- section between streets other than an alley, is less ' than 30 degrees, the distance shall be 25 feet. C. Vision clearance area shall contain no plantings, fences, walls, structures, or temporary or permanent obstructions ' exceeding 2h feet in height measured from the top of the curb, except that street trees exceeding this height may be located in this area provided all branches and foliage are removed to a height of 8 feet above the grade. -92- ' X44 VOL 30 fay. (5) Exceptions to Yard Requirements. a. Projections into required yards. Certain architec- tural features may project into required yards or courts as follows: Cornices, canopies, eaves, belt courses, sills, or other similar architectural fea- tures, or fireplaces, but these may not in any case extend more than 18 inches into any required yard area. Fire escapes, open-uncovered porches, balconies, landing places, or outside stairways, may not in any ' case extend more than 18 inches into any required side or rear yards, and not exceeding 6 feet into any re- quired front yard. This is not to be construed as prohibiting open porches or stoops not exceeding ' 18 inches in height and not approaching closer than 18 inches to any lot line. ' b. Exceptions to front yard requirements: If there are dwellings on both abutting lots with front yards less than required depth for the Zone, the front yard for the lot need not exceed the average front yard of the abutting dwellings. If there is a dwelling on one abutting lot with a front yard of less than the re- quired depth for the Zone, the front yard need not exceed a depth of one-half way between the depth of the front yard on the abutting lot and the required front yard depth. Residential use in Commerical or ' Industrial Zones: Structures in any "C" or "I" Zone which contain dwelling units not on the ground floor need not comply with residential Zone yard requirements, provided such structures comply with other applicable ' codes or regulations as may exist concerning the health and safety aspects of the dwelling units. (6) Authorization for Similar Uses. The Planning Commission may rule that a use, not specifically named in the per- mitted or conditional uses of this ordinance., shall be in- cluded among the permitted outright or conditional uses, if the use is of the same general type and is similar to the permitted or conditional uses of that Zone. (7) Existing Uses. Except as hereinafter specified, any use, building or structure lawfully existing at the time of ' the enactment of this ordinance, may be continued even though such use, building or structure may not conform to the provisions of this Ordinance for the Zone in which it is located; provided, however, that this Section ' does not apply to any use, building or structure estab- lished in violation of any zoning ordinance previously in effect. ' (8) Pending Building Permits. Nothing herein shall require any change in the location, plans, construction, size or designated use of any development, building, structure, or part thereof, for which the required official approval -93- VOL 30 Pw 745 ' and building permit have been granted prior to the adoption of this Ordinance. Unless construction on such building or structure begins within 120 days after the ' adoption of this Ordinance, no such existing permit shall be deemed to allow any building or use which would not conform to the requirements of this Ordinance. (9) River Setback. In,all zones where a new building is to be erected, an existing building enlarged or a new off-street parking facility created on property abutting the Deschutes River, the following setbacks from the river's edge shall apply: a. In residential zones where a single-family, duplex, or ' triplex is being constructed, there shall be a minimum setback of 20 feet from the river's edge, the measurement of which shall include both the horizontal and vertical ' distances. Where this setback reduces the building area below 35 percent of the lot, the front yard setback pro- vided by this Ordinance may be reduced to 10 feet and the side yard setback may be reduced to a minimum of 5 feet on each side in order to obtain a 35 percent buildable area. b. In commercial or industrial Zones or multi-family housing ' projects subject to site plan review, the minimum setback from the river's edge shall be established during the site plan review process. Appropriate setback adjustments may be made during the review process using the standards in Subsection (a) of this Section as a guideline. (10) Existing Land Restrictions. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, coven- ants or other agreements between parties; provided, however, that where this Ordinance imposed a greater restriction upon ' the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by other irdinances, rules, regulations, or by easements, cov- enants, or agreements, the provisions of this Ordinance shall govern. ' (11) All Sections of this Ordinance which have any bearing on the conditions which should apply to an application or an action which is being reviewed or considered under this Ordinance shall be applied to the conditions and approval process for the application or action. -94- VOL 30 FADE 746 ' Section 28. Nonconforming Uses. A use lawfully occupying a structure or site on the effective date of this Ordinance or of amendments thereto, which does not conform to the use regulations for the Zone in which it is located, shall be deemed to be a nonconforming use and may be continued, subject to the following regulations: ' (1) Routine maintenance and repairs may be performed on structures or sites, the use of which in nonconforming. ' (2) No structure, the use which in nonconforming, shall be moved, altered or enlarged unless required by law or un- less the moving, alteration, or enlargement will result in the elimination of the nonconforming use. (3) No structure partially occupied by a nonconforming use shall be moved, altered or enlarged in such away as to ' permit the enlargement of the space occupied by the non- conforming use. ' (4) The Planning Commission may grant an application for a change of use, filed in accordance with the provisions of Section 25, if, on the basis of the application and ' the evidence submitted, they make the following findings: a. That the proposed use is classified in a more restrict- ive category than existing or pre-existing use by the Zone regulations of this Ordinance. The classifications of a nonconforming use shall be determined on the basis of the Zone in which it is first permitted, provided that a Conditional Use shall be deemed to be in a less restrictive category than a permitted use in the same Zone. ' b. That the proposed use will not more adversely affect the character of the Zone in which it is proposed to be located than the existing or pre-existing use. C. That the change of use will not result in the enlarge- ment of the space occupied by a nonconforming use, except that a nonconforming use of a building be- came nonconforming provided that no structural al- teration, except those required by law, are made. ' (5) If a nonconforming use has been changed to a conforming use, or if the nonconforming use of a building, structure, or premises ceases for the period of one year or more, ' said use shall be considered abandoned, and only uses permitted as a matter of right or as a conditional use in the zone in which it is located shall be allowed. ' (6) If a structure containing a nonconforming use is destroyed by any cause to an extent exceeding 60 percent of the appraised value of the structure as determined by the -95- vat. 30 ~747 ' records of the County Assessor for the year preceding destruction, a future structure or use on the property shall conform to the regulations for the Zone in which ' it is located. (7) If a building or structure, in existence on the effective date of this ordinance, and subject to any yard, location, or coverage restriction imposed by this ordinance, fails to comply with such restriction, such building or structure may be ' enlarged or altered to the extent that such alteration or enlargement does not itself encroach upon a required yard or violate a location restriction, or so increase the area of the building or structure that it violates that coverage ' restriction; but this right shall be subject to all other restrictions contained in this Ordinance. ' (8) If an existing nonconforming use, or portion thereof, not housed or enclosed within a structure, occupies a portion of a lot or parcel of land on the effective date hereof, the area of such use may not be expanded, nor shall the use, or any part thereof, be moved to any other portion of the property not theretofore regularly and actually occupied by such use; provided, that this shall not apply where such increase in ' area is for the purpose of increasing an off-street parking or loading facility to the area; specified further that this shall not be construed as permitted unenclosed commercial ' activities where otherwise prohibited by this Ordinance. (9) A use which was lawful by reason of a variance shall be con- ducted only on the term of the original permit or variance ' granted and subject to all limitations under which the permit or variance was awarded. J H -96- VOL 30 rAcf 748 ' Section 29. Conditional Use Permits. (1) Purpose. In certain Zones, Conditional Uses may be per- mitted subject to the granting of a Conditional Use Permit. Because of their unusual characteristics, or the special characteristics of the area in which they are to be located, Conditional Uses require special consideration so that they ' may be properly located with respect to the objectives of this Ordinance and their effect on surrounding properties. (2) Hear ngs_Body Authority: The Hearings Body shall hav: the the authority to approve, approve with conditions, disapprove, or revoke Conditional Use Permits subject to the provisions of this Section. (3) General Conditional Use Permit Criteria. A Conditional Use Permit may be granted only upon findings by the Hearings ' Body and that the proposal meets all of the criteria in this Section, as well as all other applicable criteria contained in this Ordinance. The general criteria are: ' a. That the location, size, design, and operation charac- teristics of the proposed use are such that it will have minimal adverse impact on the property value, livability, ' and permissible development of the surrounding area. Consideration shall be given to compatibility in terms of scale, coverage, and density, to the alteration of ' traffic patterns and the capacity of surrounding streets and roads, and to any other relevant impact of the pro- posed use. i b. That the site planning of the proposed use will, as far as reasonably possible, provide an aesthetically pleasing and functional environment to the highest degree con- sistent with the nature of the use and the given setting. C. If the use is permitted outright in another Zone, that ' there is substantial reason for locating the use in an area where it is only conditionally allowed, as opposed to an area where it is permitted outright. d. That the proposed use will be consistent with the pur- poses of this Ordinance, the Comprehensive Plan, State- wide Goals, and any other statutes, ordinances or policies ' that may be Applicable, and will support rather tlan in- terfere with the uses permitted outright in the Zone in which it is located. ' (4) Application. A request for a Conditional Use may be initi- ated by a property owner or his authorized agent by filing an application with the Planning Director. The application -97- foi 30 rAcE 749 ' shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development, and a filing fee in the amount established by the County ' Commission. The Hearings Body may request other drawings or material essential to an understanding of the proposed use and its relationship to the surrounding properties. ' (5) Public Hearings. Before a Conditional Use is permitted, the proposed Conditional Use shall be considered by the Hearings Body at a public hearing. Notice of said hearing shall be ' given as provided in Section 35. (6) Action by the Hearings Body - Refer to PL-2 of Deschutes County ' Ordinance. l -98- VOL 30 PAGE 750 ' Section 30. Planned Unit Developemnt Approval. The purpose of Planned Unit Development Approval is to allow and to make possible greater variety and diversification in the relationshops between buildings and open spaces in planned building groups, while insuring compliance with the purposes and objectives of the various zone regulations and the intent and purpose of this Ordinance. ' (1) Hearings Body - Approval Required. Where use is made of the Planned Unit Development process as provided in this section, no building or other permit shall be issued for such development or part thereof until the Hearings Body, has approved said development. ' (2) Application. The owner may file an application for Planned Unit Development Approval with the Planning Department. The application shall be accompanied by a filing fee in the amount ' established by the County Commission. (3) Minimum Size for Planned Unit Developments. No application shall be made for an area of less than 10 acres in an SR or ' R Zone,or for an area of less than 4 acres in any other Zones. (4) Limitation on Application. No application shall be accepted ' for a use which will require a change of zone unless accompanied by an application for a Zoning amendment. ' (5) Plan Required. All applications shall be accompanied by a general development plan drawn to scale showing the use or uses, dimensions and locations of proposed structures and of areas to be reserved for vehicular and pedestrian circulation, parking, public uses, landscaping and other open spaces, and drawings and sketches demonstrating the design and character of the pro- posed uses and the physical relationships of the uses. Such other pertinent information shall be included as may be considered necessary by the Hearings Body, to make a determination that the contemplated arrangement or use makes it necessary and de- sirable to apply regulations and requirements differing from ' those ordinarily applicable under this Ordinance and the Sub- division Ordinance. ' (6) Public Hearing. A public hearing shall be held by the Hearings Body on a Planned UnitDevelopmen°t. Notice for this hearing shall be given as set forth in Section 35. ' (7) Standards for Approval. In granting approval for Planned Unit Deveopments the Hearings Body shall satisfy itself that: (a) The applicant has, through investigation, planning and programming, demonstrated the soundness of his proposal and his ability to carry out the project as proposed and ' that the construction shall begin within six months of the conclusion of any necessary action by the County, or within such longer period of time as may be established by the ' Hearings-Body. (b) The proposal conforms with the general plans of the Urban Area in terms of location and general development standards. -99- VOL 30 FACE 751 (c) The project will accrue benefits to the Urban Area and ' the general public in terms of need, convenience, service and appearance sufficient to justify any necessary excep- tions to the regulations of the Zone and Subdivision ordinance. (d) The project will satisfactorily take care of the traffic it generates by means of adequate off-street parking, access points and additional street right-of-way and improvements and any other traffic facilities required. (e) The project will be compatible with adjacent developments and will not adversely affect the character of the area. (f) The project will satisfactorily take care of sewer and ' water needs consistent with UGB policy and plans. (g) A Planned Unit Development shall not be approved in any ' "R" Zone if the housing density of the proposed development will result in an intensity of land use greater than per- mitted by the Comprehensive Plan. (8) Standards and Requirements. Approval of a request for a Planned Unit Development is dependent upon the submission of an accept- able plan and satisfactory assurance that it 'will be carried out. The following minimum standards and requirements shall apply: ' (a) A dwelling use permitted in the Zone in question may be permitted in a PUD. (b) A mobile home may be permitted in a PUD. (c) Developments which either provide for or contemplate private streets and ways and common areas which will be ' or are proposed to be maintained by the owners of units or lots within a development must organize and maintain ' an owner's association. The owner's association shall consist of all the owners of units or lots within the development and membership in the association must be required of all owners; adopt and record bylaws as pro- vided by ORS 91.555; adopt bylaws that contain the provi- sions required by ORS 91.560; and have the power to create a lien upon the unit or lot for services, labor or material lawfully chargeable as common expenses as provided ' in ORS 91.580. The association's power to create such a lien shall exist whether or not the property is submitted to the Oregon Unit Ownership Law (ORS 91.505-91.675). (d) If the property is not submitted to the Unit Ownership Law the association shall also create by contract the right to claim a lien upon any unit or lot for services, labor or ' material chargeable as common expenses. This lien may be. created by convenants between the association and the property owners and shall supplement the lien created by (c) above, be approved by the County and require all owners of units or lots within the development to consent to and pay the reasonable value of services, labor or material 1 -100- VOL 30 rAcE 752 expended by the County for common expenses where such ' County expenditures are made because the owners or the owner's association does not provide the necessary services, labor or material for common expenses. No Planned Develop- ment shall permit a use which is not listed as a permitted use within that Zone. ' (e) Streets and roads in PUD designated developments which are to be dedicated to the County shall be public roads and ways developed to County standards. (f) Pedestrian walkways shall be provided for adequate pedestrian and bicycle traffic; shall be constructed with Portland cement or asphaltic concrete to County standards except as ' varied by the provisions of this Section or by the Hearings Body. ' (g) All utility facilities shall be installed underground and in accordance with County standards. (h) The design of all PUD projects shall provide direct access ' for all units and lots to open space areas and facilities. (9) Hearings Body Action. The Hearings Body shall act upon the appli- cations within 90 days, excluding such time as may be required to complete any necessary Zoning amendment. In taking action, the Hearings Body may approve, approve with conditions, or deny an application as submitted. Any Planned Unit Development as ' authorized shall be subject to all conditions imposed and shall be excepted from other provision of this Ordinance only to the extent specified in said authorization. Any approval of a Planned Unit Development granted hereunder, shall lapse and become void unless, within 12 months after the final granting of approval or within such other period of time as may be stipulated by the Hearings Body as a condition of such approval, construction of the buildings or structures involved in the development has begun and been diligently pursued. The Hearings Body may further impose other conditions limiting the time within which the development ' or portions thereof must be completed. The decision of the Hearings Body shall be final unless appealed to a higher Hear- ings Body according to the procedures set forth in Section 35. ' (10) Violation of Conditions. The Hearings Body on its own action may revoke any Planned Unit Development approval for noncompliance ' with the conditions set forth in the order granting the said approval, after first holding a public hearing and giving notice of such hearing as provided in Section 35. The foregoing shall not be the exclusive remedy, and it shall be unlawful. and an offense punishable hereunder for any person to construct any improvement in violation of any condition imposed by the order granting the Planned Unit Development Approval. -101- H U u VOL 30 FACE 7i 53 Section 31. Variances. Where practical difficulties, unnece- ssary hardships and results inconsistent with the general pur- poses of this ordinance may result from the strict application of certain provisions thereof, variances may be granted as pro- vided in this Section. This Section shall not be used to allow a use that is not permitted by this ordinance for the Zone in which the land is located. (1) Authorization to Grant or Deny Variance. The Hearings Body may authorize variances from the requirements of this Ordinance where it can be shown that, owing to special and unusual circumstances related to a specific piece of pro- perty, the literal interpretation of this Ordinance would cause an undue or particular hardship, except that no variance shall be granted to allow the use of property for purposes not authorized within the Zone in which the pro- posed use would be located. In granting a variance the Hearings Body may attach conditions which it finds neces- sary to protect the best interests of the surrounding pro- perty or neighborhood and to other wise achieve the pur- poses of this Ordinance. (2) Conditions for Granting a Variance. A variance may be granted if, on the basis of the application, investigation,and evidence submitted, the Hearings Body makes the following findings: a. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsis- tent with the objectives of the Zoning ordinance. b. That there are exceptional or extraordinary circum- stances or conditions applicable to the property in- volved or to the intended use of the property which do not apply generally to other properties classified in the same zone. c. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same Zone. d. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same Zone. e. That the granting of the variance will not be detri- mental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. -102- VOL 30 FACE 754 ' (3) Conditions for Granting a Variance to Off-Street Parking or Loading Facilities. The Hearings Body may grant a variance to a regulation prescribed by this Ordinance with respect to off-street parking facilities or off-street loading faci- lities as the variance was applied for or in modified form, if, on the basis of the application, investigation and the evidence submitted, the Hearings Body makes the findings prescribed in Subsection (2) above and the following addi- tional findings: ' a. That neither present nor anticipated future traffic volumes generated by the use of the site or use of sites in the vicinity reasonably require strict or ' literal interpretation and enforcement of the speci- fied regulation. b. That the granting of the variance will not result in ' the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets. ' c. That the granting of the variance will not create a safety hazard or any other condition inconsistent with ' the objectives of the Zoning ordinance. (4) Application for Variance. A request for a variance may be initiated by a property owner or his authorized agent by ' filing an application with the Planning Director. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The Hearings Body may request other drawings or material essential to an understanding of the proposed use and its relationship to the surrounding pro- perties. The required filing fee shall accompany the application. (5) Public Hearings. Before a variance is permitted, the pro- posed variance shall be considered by the Hearings Body at a public hearing. Notice of said hearing shall be given as provided in Section 35. ' (6) Action of the Hearings Body. The Hearings Body may approve, disapprove, or approve with conditions, the application subject to the standard procedures of Section 35. The Hearings Body shall notify the applicant, in writing, of the Hearings Body action within 10 days after the decision has been rendered. The Hearings Body may attach conditions to an authorized variance which it feels are necessary to ' protect the public interest and carry out the purpose of this Ordinance. ' (7) Time Limit on Approval variance shall be void permit has been issued taken place. However, ' for an additional year Hearings Body. of a Variance. Authorization of a after one year unless a building and substantial construction has the authorization may be extended on request to and approval by the -103- 5 J 1 J CI, J VOL 30 PACE 755 Section 32. Revocation of Permits or Variances . (1) Revocation of Permits, Automatic. if not Used. Any Planned Unit Development Permit, Conditional Use Permit, or Variance granted in accordance with the terms of this Ordinance, shall be deemed revoked if not used within one year from the date of approval or such time as specified by the Hearings Body. Said permit shall not be deemed used until the applicant has actually obtained a building permit and commenced construction thereunder, or has actually commenced the permitted use on the premises. (2) Revocation for Noncompliance with Conditions. Any Planned Unit Development Permit, Conditional Use Permit, or Variance granted in accordance with the terms of this Ordinance may be revoked if any of the conditions or terms of such permit or variance are violated, or if any law or ordinance is violated in connection therewith. If, after notice and hearing, a Conditional Use Permit, Variance, or Planned Unit Development Permit is revoked for a substantial violation of any of its conditions, the Hearings Body may reconsider any zone change granted in connection with the Planned Unit Development and restore the zoning existing prior to such revocations, but any such proposed change of Zone shall follow the procedures otherwise specified for Zone changes herein. (3) Public Hearing. The Hearings Body shall hold a public hearing on any proposed revocation after giving written notice to the permittee and to other owners of property as set forth in Section 35. The Hearings Body shall render its decision within 45 days after the conclusion of the hearings. In case the permittee is not satisfied with the action of the Hearings Body, he may appeal the decision to a higher jurisdiction in the manner provided in this Section and Section 34. -104- ' VOL 30 FACE 756 Section 33. Amendments. This Ordinance may be amended by changing the boundaries of zones or by changing any other provisions thereof, whenever the public necessity and convenience and the general welfare ' requires such an amendment. Such a change may be proposed by the County Commission on its own motion, or by motion of the Planning Commission, or by petition as set forth in ORS 254.310. Any proposed ' quasi-judicial amendment or change shall first be submitted to the Hear- ings Officer and the Hearings Officer shall, within forty (40) days after a hearing, recommend to the County Commissioners approval, dis- approval or modification of the proposed amendment. All Legislative changes shall be made subject to ORS 215.110 and 215.060. (1) Application. An application for amendment by a property owner or ' his authorized agent shall be filed with the Planning Director. The application shall be made on the forms provided by the County. ' (2) Public Hearing on an Amendment. Before taking final action on a proposed amendment, the Hearings Officer shall hold a public hearing thereon. The Hearings Officer shall follow the procedures ' set forth in County Procedural Ordinance PL-9 for map changes. For amendments to the text, notice of the time and place of the proposed amendment shall be given by three publications in a newspaper of general circulation in the County not less than ' five (5) days, nor more than ten (10) days, prior to the date of the hearing. (3) Standards for Z seeking change. with the degree applicant shall a. Conformance Dne Change. The burden of proof is upon the one The degree of that burden increases proportionately of impact of the change which is sought. The in all cases establish: with the Comprehensive Plan. ' b. Conformance with all applicable statutes. C. Conformance with Statewide planning goals wherever they are determined to be applicable. d. That there is a public need for a change of the kind in questions. e. That need will be best served by changing the classification of the particular piece of property in question as compared with other available property. "Available property" is ' defined in Procedural Ordinance PL-9. ' f. That there is proof of a change of circumstance or a mistake in the original zoning. (4) Action by the County Commissioners. The_County Commissioners may ' "after public hearing by the appropriate lower body enact an ordinance granting the zone change or amendment, or may by motion deny the granting of the zone change or amendment. -105- n 1 L i VOL 30 FAGS `757 (5) Record of Amendments. The signed copy of each amendment to the text of this ordinance, including the legal description of all lands rezoned legislatively or quasi-judicially, shall be main- tained on file in the office of the County Clerk. A record of such amendments shall be maintained in a form convenient for the use of the public by the Planning Director, including a map showing the area and date of all amendments hereto. The County Clerk shall keep the map of this Ordinance as originally enacted. Every five (5) years after the enactment hereof, a map showing the cumulative amendments hereto for that period shall be filed with the County Clerk. In case of inconsistencies, the con- trolling record shall be first the original map filed with the County Clerk, and its five-year updates, if any. The Planning Director's map shall control as to map amendments not shown on the original or updated original for changes less than five years old. (6) Resolution of Intent to Rezone. If, from the facts presented and findings and the report and recommendations of the Hearings Officer, as required by this Section, the County Commission determines that the public health, safety, welfare and convenience will be best served by a proposed change of zone, the County Commission may indicate its general approval in principle of the proposed rezoning by the adoption of a "resolution of intent to rezone." This resolution shall include any conditions, stipula- tions or limitations which the County Commission may feel necessary to require in the public interest as a prerequisite to final action, including those provisions which the County Commission may feel necessary to prevent speculative holding of the property after rezoning. The fulfillment of all conditions, stipulations and limitations contained in said resolution, on the part of the applicant, shall make such a resolution a binding commitment on the County Commission. Such a resolution shall not be used to justify spot zoning, to create unauthorized zoning categories by excluding uses otherwise permitted in the proposed zoning. (Upon completion of compliance action by the applicant, the County Commission shall, by ordinance, effect such rezoning.) The failure of the applicant substantially to meet any or all conditions, stipulations or limitations contained in a resolution of intent, including the time limit placed in the resolution, shall render said resolution null and void, automatically and without notice, unless an extension is granted by the County Commission upon recommendation of the Hearings Officer. a. Content of Site Plan. Where a site plan is required pursuant to Section 27, it shall include location of existing and proposed buildings, structures, accesses, off-street parking and loading spaces and landscaping; topography, existing and proposed; mechanical roof facilities if subject property is so oriented as to become part of the view from adjacent properties; architectural perspective, layout and all elevations drawn without exaggeration except where noted, including locations, area and design of signs and all land- scaping. -106- a 30 758 t b. Resolution on Intent Binding. The fulfillment of all conditions, stipulations and limitations contained in the resolution of intent, on the part of the applicant, shall ' make the resolution binding on the County Commission. Upon compliance with the resolution by the applicant, the County Commission shall by ordinance effect such reclassifica- tion. C -107- vot 30 eA€E 7 59 ' Section 34. Appeals. Appeals shall follow the procedures established by Deschutes County Ordinance PL-9. ~II -108- vet 36 FACE 766 ' Section .35. Procedures. The County Commission shall provide in Deschutes County Ordinance PL-9 a procedure for the processing of land use actions, and shall by order establish fees for such land ' use actions in an amount sufficient to defray the cost of staff report preparation and all other costs incident to the land use application proceeding. J !7 J -109- VOL 36 FACE 761 ' Section 36. Enforcement and Penalties. ' (1) Enforcement. It shall be the duty of the Planning Director to enforce this Ordinance. All departments, officials, and public employees of the County of Deschutes, vested with the duty or authority to issue permits shall conform to the provisions of ' this Ordinance and shall issue no permit, certificate or license for any use, building or purpose which violates or fails to comply with conditions or standards imposed by this Ordinance. Any ' permit, certificate or license issued in conflict with the provisions of this Ordinance, intentionally or otherwise, shall be voidable by the Board of Commissioners to the extent allowed by law. (2) Penalties for Violations. Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $200.00 or by imprisonment ' in the County Jail for a term not to exceed 100 days, or both such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Ordinance is committed or continued by such a person, firm or corporation and shall be punishable as herein provided. (3) Injunctive Relief. The foregoing sanctions shall not be exclusive, and where the public health, safety, morals or general welfare will be served thereby, the Planning Director may, in addition to prosecution under Subsection (2) above, institute such pro- ceedings for injunctive relief against a continuing violation as may be authorized by the statutes of the State of Oregon. In the enforcement of provisions prohibiting nuisances caused by ' odor, sound, vibration and the like, the Planning Director may seek injunction against the specific device, activity or practice causing the nuisance. (4) Evidence. In any prosecution for causing or maintaining any condition or use of, or activity on, or construction, moving or maintaining any structure on, any premises in violation of this ' Zoning Ordinance, a person in possession or control of the premises, as owner or lessee at the time of the violation, or continuance thereof, shall be presumed to be the person who ' constructed, moved, caused or maintained the unlawful activity, use, condition or structure. This presumption shall be rebuttable by production of evidence to the contrary, and either the County ' or the Defendant in such prosecution shall have the right to show that the offense was committed by some person other than, or in addition to, an owner or lessee or other persons in possession or control of the premises; but this shall not be ' construed as relieving a person in possession and control of property from any duty imposed upon him by this Ordinance. That a person is taxed according to the records of the Deschutes County ' Assessor shall be prima facie proof that the person is in possession or control of the premises. Where premises on which the violation -110- va 30 rAcE 762 ' is committed are commercial or industrial premises on which a sign is situated identifying the commercial or industrial activity conducted thereon, the same shall constitute prima ' facie evidence that the person whose name is thus displayed is in possession or control of the premises as owner or lessee, but this shall not be construed to relieve from responsibility any agent, manager, employee or other person who actually committed the violation. ' (5) Abatement. Where, because of the absence of the responsible person, or persons, from the County or from the State, as the case may be, the courts of Deschutes County or the State of Oregon cannot secure effective jurisdiction over the person ' or persons responsible for the cause or continuation of a structure or condition erected or maintained in violation of this Ordinance, or where the County Commission deems it important to the public interest that the unlawful structure or condition be removed or corrected without delay, the County Commission may, after notice and hearing, order the removal of the unlawful structure or condition, and if such removal or correction is not effected within the time prescribed in the order, the Planning Director shall cause such abatement, going upon the premises with such men or equipment as may be necessary, and the County Commission ' shall thereafter by ordinance assess the cost of abatement against the real property. The lien of the assessment shall be enforced in the same manner as in the case of street improvement liens. Notice of hearing shall be sufficient if given thirty (30) days in advance of the hearing, either by personal delivery or by mailing the same by any form of mail requiring a receipt, ' to the last known address of the owner of .the,property as shown by the County Assessor's records. The order shall be served upon the owner or responsible person in the manner prescribed for the notice of hearing, and the owner or responsible person shall have ' such period of time after service of the order, but not less than thirty (30) days, as the County Commission may deem to be reasonably necessary to accomplish the requirements of the order. ' The notice of hearing and the abatement order shall contain a notice to the property owner, or other person served, that Deschutes County shall not be responsible for the condition or storage of the component parts of, or personal property situated ' within, the structure following abatement by the County. The remedy of abatement shall be in addition to, and not in lieu of, the other remedies prescribed in this Section. -111- I VOL 30 PACE 763 ' Section 37. Land for Public Purposes. (1) If the County has an interest in acquiring a portion of a pro- posed subdivision for a public purpose, or if the County has been advised of such interest by a school district or other public agency, and there is reasonable assurance that steps ' will be taken to acquire the land, then the Hearings Officer may require that those portions of the subdivision be reserved for public acquisition, for a period not to exceed one (1) year, t although such area may be platted and approved as part of the subdivision. (2) In addition to (1) above, all subdivisions shall be required to ' dedicate land to the public for recreational purposes. The amount of land shall be sufficient to provide 2.5 acres of usable park land for each 1,000 people. The park dedication standard shall be that established by mutual agreement between ' Deschutes County and the appropriate City and Park District authorities. The County shall determine whether an in-lieu fee for land dedication is appropriate on a case-by-case basis. ' The land to be dedicated for park purposes must actually be functional park land. In instances where less than three acres are to be dedicated, the County shall always require a fee be paid to the County in lieu of the land dedication. The amount of the in-lieu fee shall be determined by multiplying the amount of land normally required to be dedicated times the per-acre value of the subdivision lots to be sold in the sub- ' division. L -112- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 va 30 PAGE 764 Section 38. Severability and Validity. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The County Commission of Deschutes County hereby declares that it would have passed this Ordinance, and each section, sub- section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases might be declared invalid. -113- VOL 30 PA-GE 705 ' Section 39. Emergency Clause. In that the Land Conservation and Development Commission of the State of Oregon has required Deschutes County to adopt a Zoning Ordinance for the Bend Area by May 31, 1979, in order to be in compliance with Statewide planning goals affect- ing the health, safety and general welfare of the public, an emergency is declared to exist, and this Ordinance, pursuant to ' ORS 203.045(9) shall take effect upon adoption. E i -114- ' VOL 410 PAGE ?6U ' Section 40. All references herein to other statutes and ordinances shall include subsequent amendments or legislation superseding the statutes and ordinances cited. APPROVED by th Deschutes County Board of Commissioners this day of 1979. BOARD OF COUNTY COMMISSIONERS ' Chairman Co issioner J r~ Commissioner 1 -115-