33-199-Ordinance No. PL-19 Recorded 11/9/1979VOL 33 PAGE 1.99
i ~
COUNTY ORDINANCE N0./ Z -/g
AN ORDINANCE REGULATING
THE USE OF LAND AND STRUCTURES IN THE REDMOND
URBAN AREA AND ESTABLISHING ZONES
FOR THAT PURPOSE
ENACTED ~-ovem /)7 9
tiov,
9
CRY pq
y 04
UT~S CDlitveTTERS
tERK'
REPEALING COUNTY ORDINANCE NO. AND
ALL AMENDMENTS THERETO AS APPLICABLE
TO SAID REDMOND URBAN AREA
VOL
REDMOND URBAN AREA ZONING ORDINANCE
" r DESCHUTES COUNTY ORDINANCE NO. L-~9
T
TABLE OF CONTENTS
PP arc e
Article/Section
1. Introductory Provisions
1
1.010 Title
1
1.020 Findings and Declaration
1
1.030 Purpose
2
1.040 Terminology and Construction
2
1.050 Definitions
16
1.060 Compliance
17
1.070 Zoning Permit
17
080 Abrogation & Greater Restrictions
1
.
17
1.090 Interpretation
17
100 Repeal & Existing Liabilities
1
.
1.110 Existing Agreements & Permits
17
II. Establishment of Zones
18
2.010 Establishment of Zones
18
2.020 Location
18
2.030 Zoning Maps
18
2.040 Boundaries
19
2.050 Zoning of Annexed Areas
III. Use Zones
20
010 General Residential R-G Zone
3
.
020 General Residential-Planned R-GP
3
22
.
030 Limited Residential-Planned R-LP
3
25
.
040 General Agriculture A-1
3
27
.
050 Neighborhood Commercial C-N
3
28
.
060 Strip-Service Comm. C-S
3
32
.
3.070 Special-Service Comm. C-SP
36
080 Limited Service Comm. C-LS
3
39
.
090 Tourist Commercial C-T
3
43
.
47
100 Light Industrial M-L
3
.
52
3.110 Heavy Industrial M-H
56
120 Special Use Zone-Airport Control AC
3
.
3.130 Park Reserve-Open Space P-R
59
33 Fat 24M
R '
TABLE OF CONTENTS (cont.) VOL 130 pay
Article/Section
Page
IV. Su
pplementary Provisions
4.010
Access-Minimum Lot Frontage
61
4.020
Establishing Clear Vision Areas
61
4.030
Measurement of Clear Vision Areas
61
4.040
Standards of Construction of Service Stations
62
4.050
Service Station Abandonment
64
4.060
Standards for Mobile Homes
66
4.070
Development Standards along Canyon
67
V. Off-Street Parking & Loading Requirements
5.010
Off-Street Parking
68
5.020
Off-Street Parking & Loading
71
5.030
Design & Improvement Standards for Parking Lots
72
5.040
Parking Table & Diagram
73
VI. Exceptions
6.010
Exception to Lot Size Requirements
75
6.020
To Yard Requirements
75
6.030
To Yard Requirements for Accessory Buildings
75
6.040
To Building Height Limitations
75
6.050
Lot Exceptions, Special
75
6.060
Special Exception to Lot Size Requirements
75
VII. Site Plan Review
7.010
Purpose
76
7.020
Elements of Site Plan
76
7.030
Approval Required
76
7.040
Contents & Procedure
76
7.050
Decision on Site Plan
77
7.060
Approval Criteria
78
VIII.
Conditional Uses
8.010
Operation
80
8.020
Conditions
80
8.030
Performance Bond
81
8.040
Standards
81
8.050
Conditional Use Application
90
8.060
Time Limit
90
8.070
Occupancy Permit
90
s
OF CONTENTS (cont.)
TABLE 0 CONTENTS (cont.)
r
Article/Section
Page
IX. Nonconforming Uses
9.010
Continuation
91
9.020
Discontinuance
91
9.030
Destruction
91
9.040
Change
91
9.050
Nonconforming Construction
91
9.060
Nonconforming Lots of Record
91
X. Variance
10.010
Application
92
10.020
Authority of Hearings Officer
92
10.030
Hearings Officer Action
92
10.040
Procedure
92
XI. Amendments
11.010
Authorization to Initiate
93
11.020
Procedure for Zoning Amendments
93
11.030
Records
93
XII. Administrative Provisions
12.010
Administration
94
12.020
Decisions
94
12.030
Appeals
94
12.040
Form of Petitions, Applications & Appeals
94
12.050
Public Hearings
94
12.060
County Sanitarian Approval
94
12.070
Filing Fees
94
12.080
Revocation
94
12.090
Lot Size Requirements
95
XIII.
General Provisions
13.010
Interpretation
96
13.020
Severability
96
13.030
Remedies
96
13.040
Violation Declared A Nuisance
96
13.050
Penalties
96
13.060
Repeal
96,
13.070
Repeal as Affecting Liabilities
96
13.080
Corrections
97
13.090
Enactment, Emergency Declared
97
COUNTY ORDINANCE NO.
0 VOL 33 PACE 2O3
COUNTY OF DESCHUTES, OREGON
AN ORDINANCE REGULATING THE USE OF LAND AND STRUCTURES IN THE REDMOND
URBAN.AREA, OREGON, ESTABLISHING ZONES FOR THAT PURPOSE.
THE COUNTY OF DESCHUTES DOES ORDAIN AS FOLLOWS:
ARTICLE I. INTRODUCTORY PROVISIONS
Section 1.010. TITLE. This Ordinance shall be known as the Redmond
Urban Area Zoning Ordinance of 1979.
Section 1.020. FINDINGS AND DECLARATION. It is hereby found and
declared: That each use of an has its own particular influence on other
land uses and on the city of which it is a part and indirectly on areas
outside of the city; that this influence can be detrimental when land uses
are controlled, improperly placed, unduly concentrated or prematurely devel-
oped; that zoning is one of the tools available for putting the "Redmond
Urban Area Comprehensive Plan" into effect in an orderly manner and for
assuring the optimum relationships between the various land uses, between
the groups of uses or zones herein created or between private uses and
the public interests; that this ordinance has been created after full con-
sideration of the character of the city and of the various areas within it
and the suitability of various districts for particular uses and patterns
of development; and that the regulations contained in this ordinance are
necessary to accomplish the purposed set forth below.
Section 1.030. PURPOSE. This ordinance is adopted for the purpose of
promoting the health, safety, peace, comfort, convenience, economic well-
being and general welfare of the Redmond Urban Area and not limited to, but
specifically to achieve, the following designated objectives:
(1) To protect the character and values of land and buildings
and economic stability of sound residential, business and industrial
districts and to enhance the quality of the desired environment in
them by:
(a) Preventing the intrusion of inharmonious uses.
(b) Preventing the encroachment on desirable open
space appurtenant to each district.
(c) Providing for the safe and efficient movement
of existing and prospective traffic.
(d) Assuring the provision of necessary off-street
parking space for vehicles.
(2) To provide for additional growth and development in an manner
appropriate to the character of the Redmond Urban Area and which will
contribute to the economic stability of said Area and strengthen the
basis of its private and governmental economy.
(3) To assume that future development occurs in an orderly manner and
is relatively compact to provide for economy and efficieny in public services
and utilities and to protect the public from costs which may be incurred when
unsuitable, scattered or premature development occurs.
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c
"vOL
(4) To assure satisfactory
of~different use characteristics
physical relationships between districts
and among uses of various types and to
minimize conflicts among land uses.
(5) To minimize traffic hazard, traffic congestion and the conflict
between land uses and the movement of traffic.
15FWN
(6) To preserve the various areas' right to be attractive and pleasing
in appearance and to aid in the development of the Redmond Urban Area by
assuring that development in areas of higher density or of commercial or indus-
trial use and along appropriate routes of travel is neat, orderly and efficient.
(7) To control density and intensity of land use to assure lack of
congestion; adequate light, air and privacy; convenience of access to property;
the minimum interference between land uses; and to assure that the economic
benefits incidental to zoning will be derived from a broader base, area-wise,
thereby enlarging the opportunity for private investment.
Section 1.040. ADMINISTRATIVE TERMINOLOGY AND CONSTRUCTION.
(1) Terminology. The word "building" includes the word "structure.
The term "building site" includes the word "lot" and the word
"plot". The word "used" also includes "designated, intended or
arranged to be used". The word "erected" also includes "constructed"
"reconstructed", "altered", "placed", or "moved". The term
"land use" also includes "building use" and "use of building".
The term "Comprehensive Plan" shall mean the Redmond Urban Area
Comprehensive Plan. The word "City" shall mean the City of
Redmond, Oregon. The word "County" shall mean the County of
Deschutes, Oregon. The word "Board" shall mean the Board of
County Commissioners of the County of Deschutes. The words
"Planning Commission" and "Commission" shall mean the County
Planning Commission of the County of Deschutes duly appointed
by the Board of County Commissioners. The words "Planning
Director", "County Engineer", "County Clerk", "County Sani-
tarian", "County Surveyor", "Hearings Officer", "Tax Collector",
and "Assessor", shall mean the Planning Director, County
Engineer, County Clerk, County Sanitarian, County Surveyor,
Hearings Officer, Tax Collector and Assessor of the County of
Deschutes.
(2) Construction. Words used in the present tense include the
future tense; words used in the singular include the plural
and words used in the plural include the singular; the word
"shall" is mandatory; the word "may" is permissive; the
masculine shall include the feminine and the neuter.
Section 1.050. DEFINITIONS. As used in this ordinance, the following
words and phrases shall mean: ,
(1) Abut: Continguous to; for example: two lots with a common
property line. Abut does not apply to buildings, uses, or
properties separated by public right-of-way,'rivers, or
canals.
(2) Access: The right to cross between public and private
property allowing pedestrians and vehicles to enter and
leave property.
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VOL 33 PACE 235
(3) Accessor Use or Accessory Structure: A use or structure
incidental an subordinate to the main use of the property
and located on the same lot as the main use. A home occupa-
tion is an accessory use.
(4) Affected Persons: Includes those owners of record of real
property located within a minimum distance of 250 feet,
exclusive of public street and other right-of-ways, from
the property subject to a permit required by this ordinance.
(5) Airport elevation: The highest point on the
usable landing area, which elevation is datum
to establish the elevation of the horizontal
surface.
(6) Airport hazard: Any structure, tree or use of
land which obstructs the air space required for,
or is otherwise hazardous to, the flight of
aircraft in landing or taking off at the airport.
(7) Airport reference point (A.R.P.): A point es-
tablished as the approximate geographic center
of the airport landing area and so designated.
(8) Alley: A street 20 feet in width which affords
only a secondary means of acces to property.
(9) Alter: A change, addition, or modification in construction
or occupancy of a building or a structure.
(10) Apartment: A building or portion thereof, designated for
occupancy by three or more families living independently
of each other.
(11) Automobile Service Station: A retail place of business
engaged primarily in the sale of motor fuels, but also in
supplying goods and services generally required in the
operation and maintenance of automotive vehicles and the
fulfilling of motorist needs. These may include sale of
petroleum products; sale and servicing of tires, batteries,
automotive accessories and replacement items; washing and
lubrication services; the performance of minor automotive
maintenance and repair; and the supplying of other incident-
al customer services and products. Major automotive repairs,
painting and body and fender work, are excluded except where
such uses are otherwise permitted.
(12) Automobile and Trailer Sales Area: An open area other than
street, used or the display, sa a or rental of new or used
automobiles or trailers and where no repair work is done
except minor incidental repair of automobiles or trailers
to be displayed, sold, or rented on the premises.
(13) Automobile Wreckiin Yard: A premises used for the storage
or sale of used automobile or truck parts or for the storage,
dismantling, or abandonment of junk, obsolete automobiles,
trailers, trucks, machinery, or parts thereof.
(14) Basement: A story partly underground. A basement shall be
counted a story in building height measurement when the floor
level directly above is more than six feet above the average
level of the adjoining ground.
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(1`~)
VOL
Boarding House: A building or portion thereof, other than a
ote where meals or lodging or both are provided for comp-
ensation for more than four persons, but not to exceed twenty
persons.
(16) Building: A structure built for the support, shelter, or
enclosure of persons, animals, chattels, or property of
any kind.
(17) Building, community: A building for civic,
social, educational, cultural and recreational
activities of a neighborhood or community
group or association and not operated pri-
marily for gain.
(18) Building, existing: Any building upon which
construction was lawfully begun prior to the
effective date of this ordinance or the effec-
tive date of amendments to this ordinance may
be completed, and thereafter shall be consid-
ered an existing building.
(19) Building height: The vertical distance meas-
ured between the average level of the finished
ground surface adjacent to the building and the
uppermost point.of the building excluding only
those features which may exceed the- district
height limits. (See-Figure 1.)
(20) Building, main: A building in which is con-
ducted a principal or main use of the building
site on which it is situated.
(21) Building site: A parcel of land occupied or to
be occupied by a principal use and accessory uses
and/or a building or group of buildings, which
parcel complies with all the requirements of this
ordinance relating to building sites.
(22) Building site, average width: That figure ob-
tained by dividing the total area of the parcel
of land by the maximum depth of such parcel meas-
ured in the general direction of side lines.
(23) Carrying Capacity. Level of use which can be accommodated
and continued without irreversible impairment of natural
resources productivity, the ecosystem and the quality of
air, land and water resources.
(24) Cemetery: Land used or intended to be used for the burial
of the dead and dedicated for cemetary purposes.
(25) Clinic, Medical-Dental: Single or multiple offices for
physicians, surgeons, dentists, chiropractors and osteopaths.
(26) Clinic, Animal: A business establishment in which veterinary
services are rendered domestic pets and stock on an out-
patient basis.
33 FACE ?U6
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(27) Commercial Amusement Establishment: Any place where entertainment
or amusement is provided, where the public on a commercial basis
may observe or join in the activities.
'-(28) Commercial Residential Use: A building, portion of a building, or
group of buildings designed or used for human occupancy or lodging
for which a feeds 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 park is not included in this definition.
(29) Confoming: In compliance with the regulations of the applicable
zone designation.
(30) Condominiums: A type of residential development utilizing zero
lot lines, individual ownership of units and common ownership of
open spaces and other facilities, and which are regulated, in part,
by State Law (ORS 91.010 and 91.657).
(31) Contiguous Land: Parcels of land under the same ownership which
abut, irrespective of roadways, easements or other rights-of-way.
(32) Cross-Section: A profile of the ground surface perpendicular to
the center line of a street, stream, or valley bottom.
(33) Drive-in: An establishment dispensing food and/or drink and
catering to customers who remain, or leave and return to, their
automobile for consumption of said food or drink on the premises;
and further including any business designed for serving customers
at a "drive-up" window or while they are in their car.
(34) Duplex: A detached building containing two dwelling units and
designed for occupancy by two families.
33 PAGE 207
r
(35) Dwelling: A building or part thereof designed for and/or used
for residential occupancy and containing one or more dwelling units.
(36) Dwelling, Multi-Famil : A building or portion thereof, designed
for occupancy by three or more families living independently of
each other.
(37) Dwelling, Single-Family: A detached building containing one
dwelling unit and designed for occupancy by one family only,
excluding a mobile home.
(38) Dwelling, Two-Family: A building containing two dwelling units
and designed for occupancy by two families.
(39) Dwelling, Seasonal: A dwelling unit, including a mobile home,
travel trailer, or camping vehicle, designed for and used as
a temporary dwelling by one family for recreational or seasonal
purposes only.
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VOL 33 FACE 208
(40) Dwellin Unit: Means one or more rooms constituting a sep-
arate, Independent-housekeeping establishment for owner
occupancy, or rental or lease, and physically separated from
any other rooms or dwelling units which may be in the same
structure, and containing independent cooking and sleeping
facilities.
(41) 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.
(42) Family: An individual or two or more persons related by
blood, marriage, legal adoption, or legal guardianship,
living together as one housekeeping unit using one kitchen,
and providing meals or lodging to not more than two addition-
al persons, excluding servants; or a group of not more than
five unrelated persons living together as one housekeeping
unit using one kitchen.
(43) Farm User The employment of land including that portion of
such lands under buildings supporting accepted farming prac-
tices for the purpose of obtaining a profit in `money by raising,
harvesting and selling crops or by the feeding, breeding, man-
agement and sale of, or the product of, livestock, poultry,
fur-bearing animals or honeybees or for dairying and the sale
of dairy products or any other agricultural or horticultural 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 mark-
eting or otherwise. It does not include the use of land subject
to the provisions of ORS Chapter 321, except land used exclu-
sively for growing cultured Christmas trees, or to the construc-
tion and use of dwellings customarily provided in conjunction
with the farm use. As used in this definition and this ordinance,
"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 util-
ized in conjunction with farm use.
(44) Floor Area: The sum of the gross horizontal areas of the floors
of a building, measured from the exterior faces of the exterior
walls or from the center line of walls separating two buildings,
butnot including:
(a) Attic space providing headroom of less than seven feet.
(b) Basement, if the floor above is less than six feet above
grade.
(c) Uncovered steps or fire escapes.
(d) Private garages, carports, or porches.
(e) Accessory water towers or cooling towers.
(f) Accessory off street parking or loading spaces.
(45) Frontage: All property fronting on one side of a street and
measured along the street line, between intersecting and
intercepting streets or between a street and a right-of-way,
water-way, end of a dead-end of City boundary.
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VOL 33 FACE 209
(46) Garage, Private Parkin A structure having one or more
tiers o height, used for the parking of automobiles for
the tenants, employees, or owners of the property for which
the parking spaces contained in or on said garage are required
by this Ordinance and are not open for use by the general
public.
(47) Garage, Repair: A building used for the care and repair of
motor vehicles, including major and minor work such as body
and fender work or engine and transmission overhaul, and
incidental storage or parking of vehicles.
(48) Grade (ground level): The average of the finished ground
level at the center of all walls of a building. In case
walls are parallel to and within five feet of a sidewalk,
alley or other public way, the above-ground level shall be
measured at the elevation of the sidewalk, alley or public
way. (See Figure 1.)
(49) Group Care Home: Any private or public institution maintained
and operated for the care, boarding, housing, or training of
four or more physically, mentally, or socially handicapped
or delinquent elderly or dependent persons by any person who
is not the parent or guardian of, and who is not related by
blood, marriage, or legal adoption to such persons. An
example would be a nursing home.
(50) Guest House: A detached building used as sleeping quarters
for guests of the occupants of the main dwelling on a non-
commercial basis and having no cooking facilities.
(51) Habitable Floor: Any floor usable for living purposes, which
includes working, sleeping, eating, cooking or recreation,
or a combination thereof. A floor used only for storage pur-
poses is not a "habitable floor."
(52) Height of Buildings: 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.
(53) Historic Area: Lands with sites, structures and objects that
have local, regional, statewide, or national historical
significance.
(54) Home Occupation: Any lawful occupation carried on by a
resi ent of a dwelling as an accessory use within the same
dwelling, or in an accessory building on the same or adjacent
property, with limited retail sales or sales accessory to
service.
(55) Hospitals: Institutions devoted primarily to the rendering
of healing, curing, and/or nursing care, which maintain and
operate facilities for the diagnosis, treatment, and care of
two or more non-related individual humans suffering from
illness, injury, or deformity, or where obstetrical or other
healing, curing and/or nursing care is rendered over a period
exceeding 24 hours.
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VOL
(56) Hospital, Animal: A building together with animal runs, in
which veterinary services, clipping, bathing, boarding, and
other services are rendered to animals and domestic pets.
33 rw no
(57) Hotel (Motel): A building or group of buildings used for
transient residential purposes, containing three or more
rental units which are designed to be used, or which are
used, rented or hired out for sleeping purposes.
(58) Indoor Recreational Area: A room or rooms within an enclosed
building which is designated and used for recreational purpos-
es by the public and/or occupants of a residential development.
Activities provided for within an indoor recreational area may
include, but are not limited to the following: indoor swimming
pools, sauna, gymnasiums, exercising rooms, dance floors, tennis
or handball courts, and games such as pool, ping pong, shuffle-
board, etc.
(59) Instrument Runway: A runway equipped or to be equipped with
a precision electronic navigation aid or landing aid or other
air navigation facilities suitable to permit the landing of
aircraft by an instrument approach under restricted visibility
conditions. Instrument runways are classed as precision and
nonprecision instrument runways.
(60) Junkyard: Primary or accessory use of more than 200 square
feet land for the storage, dismantling or selling of cast-
off or salvage material of any sort in other than the original
form in which it was manufactured and/or assembled and not
including reconditioned secondhand furniture or fixtures sold
from within a walled building.
(61) Kennel: A lot or building in which four or more dogs or
cats, at least four months of age, are kept commercially for
board, propagation, training or sale.
(62) Landing Area: The area of the airport used for the landing,
taking off or taxiing of aircraft.
(63) Landscape or Landscaping: To improve by landscape architecture
or gardening.
(64) Livestock: Domestic animals of types customarily raised or
kept on farms for profit or other purposes.
(65) Livestock Feeding Yard (feedlot): An enclosure designed
or used for the purpose of the concentrated feeding or
fattening of livestock for marketing.
(66) Livestock Sales Yard: An enclosure or structure designed or
use for holding livestock for purposes of sale or transfer
by auction, consignment or other means.
(67) 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
a street or alley.
(68) Lot: A building site as defined herein.
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VOL 33 FACE 211
(69) Lot Area: The total horizontal area within the lot lines
ofaa lot, exclusive of streets and easements of access
to other property.
(70) Lot, Corner: A lot abutting on two or more streets other
than an alley, at their intersection.
(71) Lot Line: Any boundary of a lot.
(72) Lot Line, Front: The lot line separating the lot from
the street otter than an alley, and in the case of a
corner lot, the shortest lot line along a street other
than an alley. (See Figure 3.)
(73) Lot Line, Rear: The lot line which is opposite and most
distant from the front lot line. In the case of an irreg-
ular, triangular or other shaped lot, a line 10 feet in
length within the lot parallel to and at a maximum distance
from the front lot line. (See Figure 3.)
(74) Lot Line, Side. Any lot line not a front or rear lot line.
See Figure 3.)
(75) Mobile Home : A portable unit designed and built to be towed
on its own chassis, comprised of frame and wheels, dependent
on external utility connections, and designed without permanent
foundation for year-round residential use. A unit may contain
parts that fold, co.T,pse or telescope for towing and be expanded
later to provide additional cubic components designed to be
joined into one integral unit capable of being again separated
into the components for repeated towing. For purposes of this
definition, it shall be immaterial: whether said unit or comp-
onent is placed upon property for a temporary, semi-permanent
or permanent residence; or that the wheels are removed and the
unit or component is supported upon posts, footing or a found-
ation. This definition does not include travel trailers,
motorized homes and campers, pick-up coaches, and camping trailers.
(76) Mobile Home Park: Any place where two or more mobile homes
are parked within 500 ft. 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 for the rental or use of fac-
ilities or to offer space free in connection with securing the
trade or patronage of such person.
(77) Mobile Home Subdivision: A subdivision intended to be occupied
primari y or exclusive y by mobile homes.
(78) Modular Home: See Prefabricated House.
(79) New Construction: Any structure for which the "start of
construction" commenced on or after the effective date of this
ordinance.
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VQL 33 PAGE 21 2
(80) Nonconforming Structure or Use: A lawful existing structure
or use a the time this or finance or any amendment thereof
becomes effective, which does not conform to the requirements
of the zone in which it is located.
(81) Nursery, Day: An institution, establishment or place in
which are commonly received at one time three or more children
not of common parentage under the age of 14 years for a period
or periods not exceeding 12 hours for the purpose of being
given Ooard, care and training apart from parents or guardians
for compensation or reward.
(82) Nursing Home: Any home, institution or other structure
maintatnelder operating for the nursing and care 'of four
or more i l l or infirm adults not requi rixig h6.spj!ta I (care
or hospital facilities.
(83) Open Space: Consists of lands used for agricultural or other
open space uses, and any land area that would, if preserved and
continued in its present use: conserve and enhance natural
or scenic resources; protect air or streams or water supply;
conserve landscaped areas, such as public or private golf
courses, that reduce pollution; and enhance the value of
abutting or neighboring property; enhance the value to the
public of abutting or neighboring parks or other open space;
enhance recreation opportunities, preserve historic, geological
and archeological opportunities, preserve historic, geological
and archeological sites; promote orderly urban development; and
minimize land-use conflicts.
(84) Owner: The owner of the title to real property or the
authorized agent thereof, or the contract purchaser of real
property, of record as shown on the last available complete
tax assessment roll or county recorder's records.
(85) Parcel: A unit of land that is created by a partitioning of
land.
(86) Parking Area, Public: Privately or publicly owned property
other than streets or alleys on which parking spaces are de-
fined, designed or otherwise identified for use by the general
public, either free or for renumeration. Public parking
areas may include parking lots which may be required by this
ordinance for retail customers, patrons and clients.
(87) Parking Area, Private: Privately or publicly owned property,
other than streets and alleys, on which parking spaces are
defined, designated or otherwise identified for use by the
tenants, employees or owners of the property for which the
parking area is required by this ordinance and not open space
for use by the general public.
(88) Parkin Space: A clear, off-street area for the temporary
parking or storage of one automobile, having all-weather
surface of an average width not less than eight and one-half
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r OL 33 PACE 213
feet and an average length of not less than 22 feet and be
not less than eight and one-half feet in height when within
a building or structure; such parking space shall have easy
access to a street or alley by a driveway having all-weather
surface.
(89) Person: Every natural person, firm, partnership, association,
social or fraternal organization, corporation, trust, estate,
receiver, syndicate, branch of government, or any group or
combination acting as a unit.
(90) Planned Unit Development: A development which may include
lots, streets and other improvements in an arrangement which
will accommodate a variety of dwelling types and a variety
of land uses which are made to compliment each other and
harmonize with existing or planned uses in the vicinity by
innovation in design.
(91) 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 home site where it is affixed to the real
property on a permanent foundation.
(92) Primary Surface (runway): A surface longitudinally centered
on a runway. When the runway has a specially prepared hard
surface, the primary surface extends 200 feet beyond each end
of that runway; but when the runway has no specially prepared
hard surface, or planned hard surface, the primary surface
ends at each end of the runway. The elevation of any point
on the primary surface is the same as the elevation of the
nearest point on the runway centerline. The width of a pri-
mary surface is:
(a) 250 feet for utility runways having only
visual approaches.
(b) 500 feet for utility runways having non-
precision instrument approaches.
(c) For other than utility runways the width is:
(i) 500 feet for visual runways having
only visual approaches.
(ii) 500 feet for nonprecision intrument
runways having visibility minimums greater
than three-fourths of a statute mile.
(iii) 1,000 feet for a nonprecision instrument
runway having a nonprecision instrument
approach with visibility minimums as low as
three-fourths of a statute mile and for pre-
cision instrument runways.
(93) 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.
(94) 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.
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(95) Public Use A structure or use intended or used for VOL 33 FAcE214
a public purpose by a city, a school district, the county,
the state or by any other public agency, not including
r a public utility facility.
(96) Recreation Camps or Resorts: An area devoted to facilities
an equipment or 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.
(97) Residential Use: A structure or use for occupancy as a human
dwelling or lodging place such as a single family, two family,
and multi-family dwellings; duplexes; apartments; boarding,
lodging, or rooming houses, mobile homes and mobile home parks;
and labor camps
(98) Retirement Center: A building or group of buildings,
containing separate dwelling units designed for and occupied
principally (at least one occupant of each dwelling unit) by
persons over the age of 60 years; excluding convalescent and
nursing care as a function of the center.
(99) Right-of-Way: The area between the boundary lines of a
street, road or other easement.
(100) 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 or egress to such land in
conjunction 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 inter-communication
among large areas, and so designated by the City's
Comprehensive Plan or by the Commission.
(c) Bicycle Route: A right-of-way for bicycle traffic.
(d) Collector: A street supplementary to the arterial
street system and a means of inter-communication 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 City's Comprehensive
Plan or by the Commission.
(e) Cut-de-sac: (dead end street) A short street having
one end open to traffic and being terminated by a vehicle
turn-a-round.
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(f)
'voi
33 FACE215
Half Street: A portion of the width of a street usually
along the edge of a subdivision, where the remaining por-
tion of the street could be provided in another subdivison.
(g) Marginal Access Street: A minor street parallel and
adjacent toa.,ma or arterial street providing access to
abutting properties, but protected from through traffic.
(h) Local Street: A street intended primarily for access to
abutting properties.
(i) 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.
(101) Roadwa : That portion of a street or road right-of-way
deve oped for vehicular traffic.
(102) Runway: The paved surface of an airport landing strip.
(103) School: A place for teaching, demonstration or learning.
However, unless otherwise qualified, the word "school"
means a place for primarily academic instruction equivalent
to what is commonly known as kindergarten, grade school,
junior high school, high school, college or a combination
of them.
(104) Semi-Public Use: A structure or use intended or used for
a semi-public purpose by a church, lodge, club or any other
nonprofit organization.
(105) Service Station: Any lot used in the normal course of
business primarily for the retail sale of motor vehicle
fuel and lubricants for delivery on the premises.
(106) Sign Area: The total area of the smallest rectangle
that will contain the entire sign or sign structure.
(107) Sign Structure: Any structure located outdoors primarily
as a support or a surface for sign display.
(108) Stable, Private: A detached accessory building for the
keeping of horses owned by the occupants of the.premises
and which are not kept for renumeration or profit.
(109) Stable, Public: A stable other than a private stable.
(110) Start of Construction: Means the first placement of ermanent
construction o a structure (other than a mobile home on a
site, such as the pouring of slabs or footings or any work beyond
the stage of excavation. Permanent construction does not include
land preparation, such as clearing, grading, and filling, nor
does it include excavation for abasement, footings, piers or
foundations or the erection of temporary forms; nor does it in-
clude the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwellin 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
-13-
of construction" includes the first permanent framing orVOL
assembly of the structure or any part thereof on its pilings
or foundation. For mobile homes not within a mobile hone
park or mobile hone subdivision, "start of construction" means
• the affixing of the nabile home to its permanent site. For
• mobile ho ws within mile b parks or mobile home subdivi-
sions, "start of construction" is the date on which the con-
struction 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 intstallation of utilities) is
completed.
33 PAGE m
(111) 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 supper surface of the top-most
floor and the ceiling or roof above.
(112) Story, Hallff: 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.
(113) Street: The entire width between the right-of-way lines of
every public way for vehicular and pedestrian traffic and
includes the terms "road", "highway", "land", °place", "avenue",
"alley", or other similar designation.
(114) Street. Frontage:...That=.portion.-.of,a-;buil.dingT.-
site that has a capon line with a street right-of-way
line, and said street frontage is designated-as the
front property line.
S ruct re: Any combination of materials form-
ing any construction the use of which requires location
on the ground or attachment to something having loca-
tion on the ground. The word "structure" shall be
construed as though followed by the words "or-part
thereof."
(115) Structural Alteration: Any change to the supporting members..-.
o a structure including foundation, bearing walls or partitions,
columns, beams, girders, or any structural change in the roof
or in the exterior walls.
(116) Subdivision and Subdivided Lands: Improved or unimproved land
or lands divided, or creat into interests or sold under
an agreement to be subsequently divided or created in interests,
for the purpose of sale or lease, whether immediate or future, into
11 or more undivided interests or four or more other interests.
"Interest" as referred to herein includes a lot, parcel, or unit,
a share, undivided interest or membership which includes the right
to occupy the land overnight, and leasee's interest in land for
more than three years or less than three years if the interest
may be renewed under the terms of the lease for a total period
more than three years.
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VOL 33 FACE 21'7
"Subdivide land" does not include the sale of a lot in a
recorded subdivision or an approved partition even though
the sailer of the lot may have owned other contiguous lots
or property prior to the sale; said lot however dust be sold
as platted and recorded.
(117) Trai'Y y portable unit desiTiod and built to be towed
on own chassis , G":M1 of fr*m and wheel s and which
does not fall within the definitions of Vacation Trailer,
Mobile Home or Prefabricated House. This definition includes
boat trailers, bunk trailers, portable schoolrooms, and
industrial, commercialmr public offices and accessory uses.
(118) Trailer Park: A plot of ground upon which two or more travel
trailers occupied for dwelling or sleeping purposes is loca-
ted, regardless of whether a charge is made for such accommo-
dations.
(119) Trailer, Tr yll: See Vacation Trailer.
(120) Trailer%Vacation: A portable unit designed and built to
be towed on is own chassis, comprised of frame and wheels
having sleeping, COOki" and pluebing facilities independent
of external utility connections, and intended for use princi-
pally as a temporary recreational or vacation residence.
(121) Travelers' Accommodations: Any establishment having rooms
or apartments rented or kept for rent on a daily or weekly
basis to travelers or transients for a charge or fee paid or
to be paid for rental or use of facilities.
(122) Use: The purpose to which land and/or any structure or
Improvement thereon is or may be put. The word "use" is
synonymous with terms "land use" and "use of land" unless
the context clearly indicates otherwise.
(123) 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,
distribution or processing its products or for the disposal
of cooling water, waste or by-products, and including power
transmission lines, major trunk pipelines, power substations,
dams, wafter towers, sewage lagoons, sanitary landfills and
similar facilities, but excluding sewer, water, gas, telephone
and power local distribution lines and similar minor facilities
allowed in any zone.
(124) Utility Runway A runway that is constructed for and intended
to be use by propellor-driven aircraft of 12,500 pounds max-
imum gross weight or less.
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` VOt 33 FACE 218
(125) Vi ion Cl rance A : A,t:riangular area .on a lot, at the
n rsec.' o streets or a street and a railroad, two
sides of which are I Braes mitred from the corner inter-
ion; of the 104 a i ace s itfiod in use
' try . *,g 1 across
the corner of the eat i ie ends of the other two sides.
Where the Iot lines et s have rowed corners,
the lot liw_will he *w$vs*4.#* a straight line to a point
of i . lam. v4. 0MW"ce area vatains no plating,
walls, structures. or temporary or, permar"t oirstructions
exceeding two and the-half feet in height measured from the
grade of the street center line. (See Figure 5.)
(126) Visual R 11M. A rWWW Ytntarobd solely for the operation
o a rcr~sing Visial.approaeh procedures. with no straight-
in instrt fro: no instrument designation
indicated on gnOP"ted sir*oort layout plea, or by any
planning document s+liNitted to the FAA by competent authority.
(127) Yard: An Open space on a lot which is unobstructed from
tf"e 9rQu"d upPard except as Otherwise provided in this ordinance.
(See figure 6.)
(128) Ya Fr ; A Yard between side lot lines and measured
ftorj, y at right angles to the front lot line from the
front lot line to the nearest point of a building. Any yard
meeting this definition and abutting an a street other than
an alley shall be considered a fra~t yard. (See Figure 6.)
(129) Yard. Rear: A yard between side lot lines and measured
r z Tly at right angles to the rear lot line from the
rear lot line to the nearest point of a building. (See Figure 6.)
(130) Yard Side: A yard between the front and rear yard measured
or zonta ly at right angles frcm the side lot line to the
nearest point of a building. (S" Figure 6.)
Section 1.060. COMPLIANCE WITH ORDINANCE PROVISIONS.
(1) Vlot y be used and a structure or part of a structure
may be constructed, reconstructed, altered, occupied, or
used only as this ordinance permits. No new structure
shall be constructed on any lot of less area than the
minim for the zone in which- it is located, except a`s
provided by this ordinance and (?tl$ 215.203 et. seq.
(2) No dimensional requirement of this ordinance shall be
violated after its terms become effective unless speci-
fically provided for herein.
(3) No lot area, yard or-other open space which is required
by this ordinance for one use shall be used as the
required lot area, yard or open space for another use.
VOL 33
Section 1.070. ZONING PERMIT. Prior to the construction, alteration,
-or change of use of any structure or lot for which a zoning permit, but not
a building permit, is required, a zoning permit for such construction, recon-
struction, alteration or change of use of any structure or lot shall be
obtained from the Planning DepartMent.
FACE219
Section 1.080. AWGATION AND GRfgTER RESTRICTIONS. It is not intended
,by this ordinance to repeal, abrogate or impair any existing easements, covenants
or deed restrfttitinci
Section 1.090. INTERPRETATION. Where the conditions imposed by any
provision of this ordinance are mss restrictive than comparable conditions
imposed by any other provisions :of this ordinance or by any other ordinance,
resolution, or regulation, the,p ►isions which are more restrictive shall
govern.
Section 1.100. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES.
The repeal of any orddnernce by this o nance shall not have the effect to
release or extinguish any penalty, forfeiture, or liability incurred under
such ordinance, unless ,a provision of this ordinance shall so expressly pro-
vide, and such ordinance repealed shall be-tfttted as still remaining in force
for the purpose oU sustatning any.0roper action or prosecution for the enforce-
ment of such penalty, forfeiture, or liability, and for the purpose of author-
izing the accusation, prosecution,-conviction and punishment of a'person or
persons who violated the repeated ordinance or part thereof prior to the
effective date of this ordinance.
Section 1.110. EXISTING AGREEMENTS AND ZONING PERMITS. This ordinance
does not repeal, abrogate, or impair any, existing easements, covenants, deed
restrictions or zoning permits such as preliminary plat and partition approvals,
conditional use permits, non-conforming use permits, temporary use permits,
special exceptions, or building permits.
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PAGE 220
VOL 33*
ARTICLE II. ESTABLISHMENT OF ZONES
Section 2.010. ESTABLISHMENT OF ZONES. For the purpose of this
ordinance, the following zones are hereby established:
Abbreviated
Section Zones Designation
3.010
General Residential Zone
R-G
3.020
General Residential-Planned Zone
R-GP
3.030
Limited Residential-Planned Zone
R-LP
3.040
General Agriculture Zone
A-1
3.050
Neighborhood Commercial Zone
C-N
3.060
Strip-Service Commercial Zone
C-S
3.070
Special Service Commercial Zone
C-SP
3.080
Limited Service Commercial Zone
C-LS
3.090
Tourist Commercial Zone
C-T
3.100
Light Industrial Zone
M-L
3.110
Heavy Industrial Zone
M-H
3.120
Airport Control Zone
A-C
3.130
Park Reserve-Open Space Zone
P-R
Section
2.020 LOCATION OF ZONES. The boundaries of the zones
listed in t
his ordinance shall be as indicated on the Redmond
Urban
Area Zoning
Map of 1979 which is hereby adopted by reference.
The
boundaries
shall be modified in accordance with zoning amendments
pursuant to
this section and shall be adopted by reference.
Section 2.030. ZONING MAPS. A Zoning Map or Zoning Map Amendment
adopted by Section 2.020 of t is ordinance or by an amendment to said section
shall be prepared by authority of the Hearirgs Officer or,Board of Commissioners
The map or map amendment s1lpll'be dated,wfth the effective date of the ordinance
that adapts the main or map amendment. A certified print of the adopted map or
map amendment shall be maintained in the office of the County Clerk, the office
of the City Administrator, and the City and County Planning Departments as long
as this ordinance remains in effect.
Section 2.040. ZONE BOUNDARIES. Unless otherwise specified, Zone
Boundaries are section lines, subdivision.,lines, lot lines, center lines
of streets, alleys, canal or railroad rights-of-way, water courses, ridges
of,rimrocks, other readily recognizable or identifiable natural features,
or such lines extended. Whenever any uncertainty exists as to the boundary
of a zone as shown on the Zoning Map or amendment thereto, the following
regulations shall control:.
(1) Where a boundary line is indicated as following a street,
alley or canal or railroad right-of-way, it shall be construed
as following the center line of such right-of-way.
(2) Where a boundary line follows or approximately coincides with
a section, lot or property ownership line, it shall be construed
as following such line.
(3) If a zone boundary as shown on the Zoning Map divides a lot
between two zones, the entire lot shall be deemed to be
in the zone in which the greater area of the lot lies, pro-
vided that this adjustment involves a distance not to exceed
100 feet from the mapped zone boundary.
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VOL ME
(4) Where a public street, alley, canal, or railroad right-of-way
is officially vacated, the zoning regulations applicable to
abutting property on each side of the center line of such
right-of-way shall apply up to the center line of such right-
of-way on each respective side thereof. If the right-of-way
is vacated in total to one property owner, the zoning of that
abutting property shall apply to the total vacated property.
Section 2.050. ZONING OF ANNEXED AREAS. All land annexed to the City
of Redmond shall be classified upon annexation to a zone consistent with the
Redmond Urban Area Comprehensive Plan after hearing and recommendation by the
City Planning Commission to the City Council. Any conditions, limitations or
restrictions applied by the County to regulate a development of land annexed
to the City shall continue to apply until replaced by the City. Where appro-
priate the City may.continue any restriction, limitations and conditions and
enforce the same as if applied by the City pursuant to this ordinance and its
procedures.
r
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VOL
ARTICLE III. USE ZONES
Section 3.010. GENERAL RESIDENTIAL R-G ZONE. In an R-G Zone, the
following regulations shall apply:
(1) Uses Permitted Outright. In an R-G Zone,.the following uses
and their accessory uses are permitted outright:
(a) Single-family dwelling, excluding mobile homes.
(b) Two-family dwelling.
(c) Multi-family dwelling.
(d) Subdivision, PUD and Land Partitioning.
(2) Conditional Uses Permitted. In an R-G Zone, the following uses
and their accessory uses are permitted when authorized in accordance
with the provisions of Article VII:
(a) Boarding or rooming house.
(b) Day Nursery.
(c) Hospital, Nursing home, home for the aged.
(d) Medical or dental clinic.
(e) Mobile home park.
(f) Public or semi-public use.
(g) Home Occupation.
(h) Church.
(i) Neighborhood Commercial, limited to a complex of
not more than 3 C-N uses.
(j) Condominium.
(3) Accesory Uses. In an R-G Zone, there shall be the following
limitations on accessory uses:
(a) There shall be not more than one private garage
for each dwelling unit, and the garage shall not
exceed 720 square feet in floor area.
(4) Lot Size. In an R-G Zone, the minimum lot size shall be as
follows where there is both a public water and sewer system provided:
(a) For a single-family dwelling, the lot area shall be a
minimum of 6,000 square feet.
(b) For a two-family dwelling, the lot area shall be a
minimum of 7,500 square feet.
(c) For a multi-family dwelling having only one story, the
lot area shall be a minimum of 7,500 square feet
plus 1,500 square feet for each dwelling unit over two.
(d) For a multi-family dwelling having more than one
story, the lot shall be a minimum of 7,500 square
feet plus 1,000 square feet for each dwelling unit
over two.
(f) Each lot shall have a minimum street frontage of
50 feet, except for lots fronting on a cul-de-sac
turn-around said frontage may be reduced to 40 feet.
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VOL 33 PAGE 223
(5) Yards. Except as provided in Article VI, in an R-G Zone, the
minimum yard requirements shall be as follows:
(a) A front yard shall be a minimum of 15 feet from
the eave line between a building or structure
and the ultimate street right-of-way as adopted
in the Comprehensive Plan.
(b) A side yard shall be a minimum of five feet from
the eave line to the property line; except, that
on corner lots the side yard on the street side
shall be a minimum of 15 feet from the eave line
to the property line.
(c) A rear yard shall be a minimum of 25 feet.
(6) Lot Coverage. In an R-G Zone, buildings shall not cover more
than 40 percent of the lot area.
(7) Height of Buildin s. In an R-G Zone, no building shall
exceed a height of 40 feet.
(8) Signs. In an R-G Zone, the following signs are permitted:
(a) One name plate or home occupation sign for each
dwelling unit. The sign shall not be more than
one and one-half square feet in area and shall
not be specifically illuminated.
(b) One temporary sign advertising the sale, lease or
rental of the property on which it is located. The
sign shall not be more than six square feet in area
and shall not be specifically illuminated.
(c) One temporary sign advertising the sale of a
tract of land or subdivision or of lots in a
subdivision. The sign shall not be more than
32 square feet in area, shall not be specifi-
cally illuminated, and shall be set back at least
10 feet from a front or side property line.
(d) One sign identifying a conditional use. The sign
shall not be more than 24 square feet in area,
shall not be specifically illuminated, and shall
be set back at least 10 feet from a property line.
(e) One sign identifying a subdivision or PUD located
at the entrance thereto. The sign shall not be
more than 32 square feet in area, shall not be
specifically illuminated, and shall be set back
at least 10 feet from a property line.
(9) Off-Street Parking and Loading. In an R-G Zone, off-street
parking and loading shall be provided in accordance with the pro-
visions of Article V.
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va 33 FADE 2-24
Section 3.020. GENERAL RESIDENTIAL-PLANNED R-GP ZONE. In an R-GP Zone,
the following regulations shall apply:
16
~1) (a) Farming subject to restrictions on livestock.
(b) Single-family dwelling, including a mobile home on a lot
in a mobile home subdivision or PUD specifically approved
therefor and subject to restrictions.
(c) Subdivision or PUD, including those designed to permit
mobile homes.
(d) Two-family dwelling.
(2) Conditional Uses Permitted. In an R-GP Zone, the following uses and
their accessory uses are permitted when authorized in accordance with the
provisions of Article VII:
(a) Multi-family dwelling.
(b) Mobile home park.
(c) Public or semi-public use.
(d) Day nursery or kindergarten.
(e) Home occupation.
(f) Church.
(g) Hospital, nursing home, convalescent or retirement home.
(h) Golf course.
(i) Neighborhood commercial limited to a complex of not more than
3 C-N uses.
(j) Utility facility necessary for public service to the area.
(k) Mobile home not on a lot in a mobile home subdivision or PUD.
(1) Condominium.
(3) Accessory Uses. In an R-GP Zone, there shall be the following limitations
on accessory uses:
(a) There shall be not more than one private garage for each dwelling
unit, and the garage shall not exceed 720 square feet in floor area.
(4) Lot Size. In an R-GP Zone, the minimum lot size shall be as follows
where there is both a public water and sewer system provided:
(a) For a single-family dwelling, the lot area shall be a minimum
of 6,000 square feet.
(b) For a two-family dwelling, the lot area shall be a minimum of
7,500 square feet.
(c) For a multi-family dwelling having only one story, the lot area
shall be a minimum of 7,500 square feet plus 1,500 square feet
for each dwelling unit over two.
(d) For a multi-family dwelling having more than one story, the
lot shall be a minimum of 7,500 square feet plus 1,000 square
feet for each dwelling unit ofer two.
(e) Each lot shall have a minimum street frontage of 50 feet,
except for lots fronting on a cul-de-sac turn-around said
frontage may be reduced to 40 feet.
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VOL 33 PAGE 225
(5) Yards. Except as provided in Article VI, in an R-GP Zone, the minimum
yard requirements shall be as follows:
(a) A front yard shall be a minimum of 15 feet from the eave
line between a building, structure or portion thereof used
for dwelling purposes and 25 feet from the eave line between
a separate building, structure or portion thereof used as a
garage or other nonresidential use and ultimate street right-
of-way as adopted on the City Comprehensive Plan.
(b) A side yard shall be a minimum of five feet from the eave line
to the property line, except that on corner lots the side yards
on the street side shall be a minimum of 15 feet.
(c) A rear yard shall be a minimum of 20 feet from the eave line
to the property line.
(6) Lot Coverage. In an R-GP Zone, buildings shall not cover more than
40 percent of the lot area. (See Figure 2.)
(7) Height of Buildings. In an R-GP Zone, no building shall exceed a
height of 40 feet.
(8) Signs. In an R-GP Zone, the following signs are permitted:
(a) One name plate or home occupation sign for each dwelling
unit. The sign shall not be more than one and one-half
square feet in area and shall not be specifically illuminated.
(b) One temporary sign advertising the sale, lease or rental
of the property on which it is located. The sign shall
not be more than six square feet in area and shall not be
specifically illuminated.
(c) One temporary sign advertising the sale of a tract of land
or subdivision or of lots in a subdivision. The sign shall
not be more than 25 square feet in area, shall not be speci-
fically illuminated, and shall be at least 10 feet from
a aroperty line.
(d) One sign identifying a subdivision or PUD located at the
main entrance thereto. The sign shall not be more than
32 square feet in area, shall not be specifically illu-
minated, shall be set back at least 10 feet from a front
or side property line, and shall contain a conceptual design
layout of the development showing major street patterns.
(9) Off-Street Parking and Loading. In an R-GP Zone, off-street parking
and loading shall be provided in accordance with the provisions of Article V.
(10) Keeping of Livestock. In an R-GP Zone, the keeping of livestock
shall be subject to the following limitations:
(a) Livestock may not be kept on lots having an area less than
20,000 square feet.
(b) One horse shall have a fenced corral or pasture with a usable
area of at least 10,000 square feet; and each additional horse,
at least 5,000 square feet.
(c) Cows, goats and sheep shall have a fenced corral or pasture
with a usable area of at least 10,000 square feet per adult
animal (over six months of age).
(d) The number of chickens, fowl, and/or rabbits over the age
of six months shall not exceed one (1) for each 500 square
feet of property. The number of young chickens, fowl, and/or
rabbits (under the age of six months) allowed on the property
at any time shall not exceed three times the allowable number
of chickens% fowl, and/or rabbits over the age of six months.
-23-
F ti
VOL
(e) The number of colonies of bees allowed on a lot shall be limited
to one (1) colony for, each 1,000 square feet of lot area.
(f) Animal runs or barns, chicken or fowl pens, and colonies
of bees shall be located on the rear half of the property but
not closer than 70 feet from the front property line nor closer
than 50 feet from any residence.
(g) Animals, chickens, and/or fowl shall be properly caged or
housed, and proper sanitation shall be maintained at all times.
All animal or poultry food shall be stored in metal or other
rodent-proof receptacles.
(h) No enclosure for horses, cows, goats, sheep or other livestock
shall be located closer than 50 feet to a dwelling.
(i) Fences erected in connection with the keeping of livestock
shall be kept in good repair and shall be at least four feet
in height.
?ACE 26
-24-
Section 3.030. LIMITED RESIDENTIAL-PLANNED R-LP ZONE. In an R-LP Zone,
the following regulations shall app y:
(1) Purpose and Applicability. The purpose and applicability of the
R-LP Zone is:
(a) Provide areas of planned development that recognize
and enhance areas of scenic quality and view amenities.
(b) Provide areas for highly compatible types of residential
development and high livability.
(2) Uses Permitted Outright. In an R-LP Zone, the following uses
and their accessory uses are permitted outright:
(a) Single-family dwelling, excluding mobile homes.
(b) Subdivision, PUD and land partitioning.
(3) Conditional Uses Permitted. In an R-LP Zone, the following uses
and their accessory uses are permitted when authorized in accordance
with the provisions of Article VII:
(a) Public use.
(b) Semi-public use.
(c) Two-family dwellings on corner lots, providing the
parcel is 10,000 square feet in area.
(d) Multi-family dwelling.
(e) Condominium.
(f) Nursing home, convalescent or retirement home.
(4) Accessory Uses. In an R-LP Zone, there shall be the following
limitations on accessory uses:
(a) There shall not be more than one private garage for
each dwelling unit, and the garage shall not exceed
950 square feet in floor area.
(5) Lot Size. In an R-LP Zone, the minimum lot size shall be
as follows:
(a) For a single family dwelling the minimum lot area
shall be 9,000 square feet where both a public water
and sewer system exist.
(b) For a two-family dwelling, the lot area shall be a
minimum of 10,000 square feet.
(c) For a multi-family dwelling or condominium having only
one story, the lot area shall be a minimum of 10,000
square feet plus 1,500 square feet for each dwelling
unit over two.
(d) For a multi-family dwelling or condominium having
more than one story, the lot shall be a minimum of
10,000 square feet plus 1,000 square feet for each
dwelling unit over two.
(e) Each lot shall have a minimum street frontage of 50 feet,
except for lots fronting on a cul-de-sac turn-around
said frontage may be reduced to 40 feet.
-25-
l 33 PAGE n$
(6) Yards. Except as provided in Article VI, in an R-LP Zone, the
minimum yard requirements shall be as follows:
r
(a) A front yard shall be a minimum of 15 feet from eave
line between buildings, structures or portions thereof
used for dwelling purposes and 25 feet from eave line
between buildings, structures or portions thereof used
as a garage and the ultimate street right-of-way as
adopted in the Comprehensive Plan.
(b) A side yard shall be a minimum of five feet from the
eave line to the property line, except that on corner
lots the side yard on the street side shall be a mini-
mum of 15 feet from the eave line to the property line.
(c) A rear yard shall be a minimum of 20 feet from the
eave line to the property line.
(7) Lot Coverage. In an R-LP Zone, buildings shall not cover
more than 35 percent of the lot area. (See Figure 2.)
(8) Signs. In an R-LP Zone, the following signs are permitted:
(a) One name plate or home occupation sign for each dwelling
unit. The sign shall not be more than one and one-half
square feet in area and shall not be specifically illu-
minated.
(b) One temporary sign advertising the sale, lease or rental
of the property on which it is located. The sign shall
not be more than six square feet in area and shall not
be specifically illuminated.
(c) One temporary sign advertising the sale of a tract of land
or subdivision or of lots in a subdivision. The sign
shall not be more than 32 square feet in area, shall not
be specifically illuminated, and shall be at least 10 feet
from a front or side property line except on corner lots
where a sign must be placed as shown in Figure 5.
(d) One sign identifying a subdivision or PUD located at the
main entrance,thereto. The sign shall not be more than
32 square feet in area, shall not be specifically illumi-
nated, shall be set at least 10 feet from a front or side
property line, and shall contain a conceptual design
layout of the development showing major street patterns.
(9) Off-Street Parking and Loading. In an R-LP Zone, off-street
parking and loading shall be provided in accordance with the pro-
visionsof Article V.
(10) Height of Buildings. In an R-LP Zone, no building shall
exceed a height of 30 feet.
-26-
VOL 33 FACE 229
Section 3.040. GENERAL AGRICULTURAL A-1 ZONE. In an A-1 Zone,
the following regulations shall apply:
(1) Uses Permitted Outright. In an A-1 Zone, the following uses
and their accessory uses are permitted outright:
(a) Farming as defined in this ordinance.
(b) Buildings and uses customarily provided in con-
junction with farming.
(c) Single-family non-farm dwelling, excluding a mobile
home, on a parcel existing on or before the effective
date of this ordinance.
(2) Conditional Uses Permitted. In an A-1 Zone, the following uses
and their accessory uses are permitted when authorized in accordance
with the provisions of Article VII:
(a) Public use.
(b) Semi-public use.
(c) Dude or guest ranch.
(d) Commercial riding stable.
(e) Kennel or animal hospital.
(f) Home Occupation.
(g) Commercial activity directly serving agriculture.
(h) Mobile home on an individual lot.
(i) Utility facility necessary for public service to the area.
(3) Lot Size. In an A-1 Zone, the lot size shall be as follows:
a The minimum lot area shall be five acres.
(b) The minimum lot width shall be 300 feet
with a minimum street frontage of 150 feet.
(c) The minimum lot depth shall be 400 feet.
(4) Yards. Except as provided in Article VI, in an A-1 Zone,
the yard requirements shall be as follows:
(a) A front yard shall be a minimum of 50 feet be-
tween a building or structure and the ultimate
street right-of-way as adopted on the City Compre-
hensive Plan.
(b) A side yard shall be a minimum of 10 feet, except
that on corner lots the side yard on the street side
shall be a minimum of 50 feet.
(c) A rear yard shall be a minimum of 50 feet.
(5) Signs. In an A-1 Zone, the following signs are permitted:
One name plate for each dwelling unit. The
sign shall not be more than one and one-half
square feet in area and shall not be specifically
illuminated.
(b) One temporary sign advertising the sale, lease
or rental of the property on which it is located.
The sign shall not be more than six square feet
in area and shall not be specifically illuminated.
(c) One sign identifying the name of a farm or ranch
of 20 acres or more or a conditional use. The
sign shall not be more than 32 square feet in
area, shall not be specifically illuminated, and
shall be at least 10 feet from a property line.
-27-
VOL 33 PAGE 230
Section 3.050. NEIGHBORHOOD COMMERCIAL C-N ZONE. In a C-N Zone,
the following regulations shall app y:
Y (1) Purpose and Applicability. The purpose and applicability of
the C-N Zone is:
(a) To create areas suitable for commercial activities which
supply goods and services to a residential or working
population on a frequent need or convenience basis. This
district will normally be supplemented by the general
business activities and broad services available in a
central business district within a reasonably accessible
radius.
(b) This zone shall be located in areas easily accessible to
the population it is intended to serve. The area of
each zone shall in general be only large enough to con-
tain the stores and services found to be actually neces-
sary to serve a given area but shall be large enough to
provide a grouping of stores and services. The effect
shall be strategically located centers rather than
scattered commercial spots. Wherever possible, the
zone shall be of such size and shape as will accommodate
a compact shopping center. "Strip" or "spot" zoning
is to be avoided.
(2) Outright Uses. In a C-N Zone, the following uses and their
accessory uses are permitted outright:
(a) General merchandise, grocery store, delicatessen,
meat market or bakery.
(b) Artist, book, music, photography, stationery store or gallery.
(c) Clothes cleaning establishment or laundromats.
(d) Dressmaking, tailor shop or shoe repair shop.
(e) Drug, sundry variety or hobby shop.
(f) Florist or gift shop.
(g) Television, radio or home appliance repair shop with
sales of same items a secondary use.
(h) Nurseries and garden supply stores provided all outside
storage and display is adequately screened.
(i) Offices for accountants, architects, engineers, lawyers,
real estate and insurance agents, dentists, doctors,
optometrists, chiropractors, and osteopaths.
(j) Small-animal veterinary clinic wholly enclosed within a building.
(k) Restaurant or cafe provided no alcoholic beverages are served
and does not include drive-ins.
(1) Roadside stand for the sale of farm products.
(m) Beauty and barber shops.
(3) Conditional Uses Permitted. In a C-N Zone, the following uses
and their accessory uses are permitted when authorized in accordance
with the provisions of Article VII and Subsection (5) of this Section.
(a) Any complex of three (3) or more of those uses permitted
as an outright use.
(b) Any use providing for outside-open storage or display.
(c) Any use requiring a lot area more than 20,000 square feet.
-28-
(d) Church.
(e) Public or private school, kindergarten or childrens day nursery.
(f) Public or private park, playground or similar recreational facility.
(4) Site Plan Review. In a C-N Zone, a use permitted shall be
subject to the provisions of this section. Before a new building
may be constructed or an existing building enlarged or substantially
altered, a site development of the site shall be in substantial
conformance with the plans as approved by the Planning Director.
for a proposed use in a C-N Zone. There may be required as a
condition of approval:
(a) An increase in the required yards.
(b) Additional off-street parking.
(c) Screening of the proposed use by a fence or landscaping.
(d) Limitations on signs or lighting.
(e) Limitations on the number and location of curb cuts.
(f) Any other conditions which are considered necessary to
achieve the purposes of this ordinance and more speci-
fically this section.
(5) Use Limitations. In a C-N Zone, a. use permitted shall be subject
to the following limitations:
(a) No use shall be permitted which exceeds 2,000 square
feet of retail sales floor area and an accompanying
equal amount of storage area, or a total square footage
of 4,000 square feet in conjunction with a single busi-
ness enterprise and on any single premises.
(b) No use shall be permitted unless directly served by
a collector street.
(c) All parking demand created by any use permitted under the
provisions of this section shall be accommodated on the
subject premises entirely off-street; minimum standards
for off-street parking requirements shall be in accordance
with the provisions of this ordinance.
(d) No use permitted by this section shall require the
backing of traffic onto a public or private street,
road or alley right-of-way to accommodate ingress or
egress to any use or the premises thereof.
(e) There shall not be more than one ingress and one egress
from properties accommodating uses permitted by this
section per each 300 feet of street frontage or fraction
thereof, or per each 600 on a collector. If necessary
to meet this requirement, permitted uses shall provide
for shared ingress and egress.
(f) All uses permitted by this section shall be screened
from abutting residential uses by densely planted trees
and shrubs or sight-obscuring fencing.
(g) No use shall be permitted if it will cause sound, noise,
vibration, odor or flashing perceptible without instruments
more than 200 feet from the boundaries of the originating
premises.
(h) No use shall be permitted to operate for business between
the hours of 11:00 P.M. and 7:00 A.M. except as approved
by the Hearings Officer.
-29-
(6) Dimensional
Standards.
g VOL 3J
In a C-N Zone, the followin dimen;,.i,l
FAGf 22
standards shall
apply:
(a) No use permitted by this section, including buildings,
storage areas or facilities, and required parking area,
shall exceed more than 70% of the land area designed
for such use.
(b) The minimum building setback from a street right-of-way
line shall be 50 feet unless a greater setback is re-
quired for compliance with the Comprehensive Plan
criteria or policies.
(c) The minimum setback between a structure and property
line abutting a residential lot shall be 25 feet.
(d) The minimum setback between a structure and an exist-
ing use permitted by this section shall be 3 feet
from the property line and at least 10 feet from a
structure on an adjoining property, or joined as a
single structure.
(e) The maximum building height for any structure permitted
in conjunction with a use permitted by this section
shall be 35 feet.
(f) In no case shall a use permitted by this section be
permitted on a lot or parcel less than that minimum
lot area set forth in the adjoining or, area zones,
and in no case shall the minimum lot area be less
than 7,500 square feet.
(7) Si ns. In a C- N Zone, the following signs are permitted under,
requirements outlined:
(a) Signs shall be set back at least 10 feet from a
lot in a residential zone.
(b) Signs shall not be placed (post or overhang) or
projected into an ultimate street right-of-way as
adopted on the Comprehensive Plan.
(c) In the event that a person desiring to erect or place
a sign does not know or is uncertain where the ulti-
mate street right-of-way is located, he shall contact
the administrator for assistance.
(d) Signs shall be oriented in a manner so as not to cast
direct light on adjacent or nearby residential property.
(e) One name plate or home occupation sign for each
dwelling unit. The sign shall not be more than one
and one-half square feet in area and shall not be
specifically illuminated.
(f) One temporary sign advertising the sale, lease or
rental of the property on which it is located.
The sign shall not be more than six square feet
in area and shall not be specifically illuminated.
(g) One sign on the building to which it relates for
each street frontage and not exceeding an area e-
quivalent to one square foot of sign area for each
linear foot of the building facing the street that
borders on the building site to a maximim sign area
of 75 square feet with at least a minimum allowable
area of 15 square feet. For building sites on
which the principal use is not conducted within a
building, a detached sign may be erected one
square foot for each two linear feet of street
frontage to a maximum of 75 square feel and with
an allowable minimum of 25 square feet.
-30-
. era. 33 FACE 233,
(B) Off-Street Parking and Loading. In a C-N Zone, off-street
parking and loading shall be provided in accordance with the
provisions of Article V.
-31-
a 33 fAGE 2e34
Section 3.060. STRIP-SERVICE COMMERCIAL C-S ZONE. In a C-S Zone,
the following regulations shall app y:
(1) Purpose and Applicability. The purpose and applicability of
the C-S Zone is:
(a) To create and preserve areas suitable for commercial
uses and services primarily oriented to automobile
traffic, requiring extensive outdoor display and
storage, and in support of the central business
district or principal downtown shopping area.
(b) In general, this zone shall be applied to those
areas already existing and desirable to retain
and for those area that,, because of new and/or
changing traffic patterns, should be developed
for such purposes.
(2) Outright Uses. In a C-S Zone, the following uses and their
accessory uses are permitted outright:
(a) Automotive sales and service including auto repair,
gasoline service stations, truck shops & car washes.
(b) Boat, trailer and recreational vehicle sales and
service; and sporting goods.
(c) Mobile home sales and service.
(d) Motel, resort, restaurant, cafe, tavern, and similar
travelers accommodations and entertainment business,
including drive-in restaurants, and tourist-related
retail.
(e) Building supply and warehousing, lumber supply and
storage, and construction related businesses.
(f) Farm and other heavy equipment sales and service.
(g) Grocery, general merchandise, hardware, and other
retail trade establishments; including outside
storage and display.
(h) Plant nursery and greenhouse operation, and landscaping
supply and service.
(i) Laundry, dry cleaning establishment, self-service laundry.
(j) Bank or other financial institution.
(k) Printing, publishing or other business supply business
including photography and newspapers.
(1) Veterinary clinic or kennel.
(m) Business or professional office including real estate,
accounting, engineers, architects, designers, etc.
(n) Commercial recreation or entertainment facility including
drive-in theatre, golf course including pitch 'n' putt
and driving range, and other such uses.
(o) Commercial mini-storage facilities.
(p) Food lockers, ice storage and dispensing.
(q) Indoor sports arena, gynasiums, auditoriums, physical
culture' studios.
(r) Commercial activity directly serving agriculture.
-32-
VOL
(3) Conditional Uses Permitted. In a C-S Zone, the following uses
and their accessory uses are permitted when authorized in accordance
with the provisions of Article VII and Subsection (4)•and (9) of this
section.
(a) Any complex of three (3) or more outright uses.
(b) Multi-family dwelling complex or mobile home park.
(c) The resumption or replacement of a residential use
where the subject use has previously been conducted
within the last 6 months.
(d) Manufacturing of non-toxic type where the only retail
sales outlet for the product produced is on the premises.
(e) Public utility service, equipment and storage yards.
(f) Transportation and tour terminals.
(g) Public and semi-public use including governmental offices
and equipment storage, parks, playgrounds, fire stations,
weight stations, etc.
(h) Mortuary or funeral home.
(i) Business or professional office for doctors, dentists and
others of the medical professions.
(j) Church.
(k) Public or private school.
im FAG'E 40
(4) Site Plan Review. In a C-S Zone, a use permitted shall be subject.
to the provisions of this section. Before a new building may be constructed
or an existing building enlarged or substantially.altered, a site devel-
opment plan shall be submitted for approval to the Planning Director, and
construction and development of the site shall be in substantial conformance
with the plans as approved. There may be required as a condition of approval:
(a) An increase in the required yards.
(b) Additional off-street parking.
(c) Screening of the proposed use by<a fence or landscaping.
(d) Limitations on signs' or l-ig'hting.
(e) Limitations on the number and location of curb cuts.
(f) Any other conditions considered necessary to achieve
the purpose of this ordinance and more specifically
this section.
(5) Dimensional Standards. In a C-S Zone, the following dimensional
standards shall apply:
(a) Dimensional requirements shall be determined by requirements
set forth relative to off-street parking and loading, ingress
and egress, permitted outside display areas, landscaping and
other customer environment facilities or improvements, and
requirements thereof, however, shall be permitted which will
project into or over a street right-of-way or create a hazard
to vision clearance at a street-to-street or street-to-alley
intersection.
(b) No building shall exceed a height of 40 feet.
(c) Buildings shall not occupy more than 40% of total land area.
-33-
VOL
(6) Yards. Except as provided in Article VI, in a C-S Zone, the
minimum yard requirements shall be as follows:
(a) A front yard shall be a minimum of 50 feet from
the eave line between a building or structure and
the ultimate street right-of-way of an arterial,
25 feet to a collector, and 10 feet to a local
street.
(b) A side or rear yard abutting a residential zone
shall be a minimum of 25 feet from the eave line
to the property line.
(c) A side yard or rear yard abutting a local street shall
be a minimum of 10 feet if abutting a collector or
arterial street.
(d) A rear yard abutting an alley shall be 25 feet from
the eave line to the property line when it is to be
used for servicing the commercial establishment, and
10 feet in other cases.
(7) Signs. In a C-S Zone, the following signs are permitted
under requirements outlined:
(a) Signs shall be set back at least 10 feet from a
lot line in a residential zone.
(b) Signs shall not be placed (post or overhang) or
projected into an ultimate street right-of-way as
adopted on the Comprehensive Plan.
(c) In the event that a person desiring to erect or
place a sign does not know or is uncertain where
the ultimate street right-of-way is located, he
shall contact the administrator for assistance.
(d) Signs shall be oriented in a manner so as not to
cast direct light on adjacent or nearby residential
property.
(e) One name plate for each dwelling unit. The sign
shall not be more than one and one-half square feet
in area and shall not be specifically illuminated.
(f) One temporary sign advertising the sale, lease or
rental of the property on which it is located. The
sign shall not be more than 32 square feet in area
and shall not be specifically illuminated.
(g) One sign on the building to which it relates for
each street frontage and not exceeding an area
equivalent to one square foot of sign area for each
linear foot of the building facing the street that
borders on the building site to a maximum sign area
of 75 square feet with at least a minimum allowable
area of 15 square feet. For building sites on which
the principal use is not conducted within a building,
a detached sign may be erected having an area not to
exceed one square foot for each two linear feet of
street frontage to a maximum of 75 square feet and
with an allowable minimum of 25 square feet.
(8) Off-Street Parking and Loading. In a C-S Zone, off-street
parking and loading shall be provided in accordance with the pro-
visions of Article V.
33 ruf 236
-34-
vot 3 F7
(9) Access Limitations. In a C-S Zone, the following access limitations
shall apply:
' t (a) There shall not be more than one ingress and
one egress per each 300 feet of frontage on a
collector or per each 1,320 feet of frontage on
an arterial or via a collector.
(b) No use shall require backing of traffic onto a
public right-of-way to accommodate ingress or egress.
(c) All parking and loading demands created by any
use shall be accommodated or subject premises.
entirely off-street.
-35-
VOL 33 PAGE 238
Section 3.070. SPECIAL-SERVICE COMMERCIAL C-SP ZONE. In a C-SP Zone,
the following regulations shall apply:
(1) Purpose and Applicability; The purpose and applicability
of the C-SP Zone is:
(a) To create and preserve areas suitable for special
commercial uses and services and compatible non-
commercial uses, and on a broad basis to serve as
a center for emergency services such as medical-health
care for the Urban Area.
(b) The zone should also encourage the location of uses
which provide close and easy access for that sector
of the population which.is in most need of such services
such as the elderly.
(c) The zone should maintain the quiet and low-intensity
use atmosphere deemed preferential for such uses.
(2) Uses Permitted Outright. In a C-SP Zone, the following uses
and their accessory uses are permitted outright subject to the pro-
visions of this section:
(a) Medical or dental clinics and offices.
(b) Hospital, nursing, convalescent or retirement home.
(c) Multi-family dwelling complexes limited to the
aged, 55 years and older.
(d) Government office.
(e) Public Library or museum.
(f) Public park and other public or semi-public use.
(3) Conditional Uses Permitted. In a C-SP Zone, the following uses
and their accessory uses are permitted when authorized in accordance
with the provisions of Article VII and this section:
(a) Offices for accountants, bookkeepers, attorney's,
engineers, real estate, etc.
(b) Studios and galleries for artists, photographers,
interior decorators.
(c) Single or two-family dwelling.
(d) Multi-family dwelling not limited to the aged.
(e) Retail trade including grocery, variety, drugs,
specialty shops, florist, gift shops, etc.
(f) Service commercial including laundry, beauty and
barber shops, shoe repair, etc.
(g) Church.
(h) Restaurant or cafe.
(i) Community, non-profit or public building.
(j) Mobile home park.
(4) Site Plan Review. In a C-SP Zone, a use permitted shall be
subject to the provisions of this section. Before a new building
may be constructed~or an existing-building enlarged or substantially
altered, a site development,-plan shall"be submitted for approval
to the Planning Director, and construction and development of the
site shall be in substantial conformance with the plans as approved.
There may be required as a condition of approval:
-36-
VOL 33 PAGE 239
(a) An increase in the required yards.
(b) Additional off-street parking.
(c) Screening of the proposed use by a fence or landscaping..... -
(d) Limitations on signs or lighting.
(e) Limitations on the number and location of curb cuts.
(f) Any other conditions considered necessary to achieve
the purposes of this ordinance, and more specifically
this section.
(5) Minimum Lot Size and Dimensional Standards. In a C-SP Zone, the
following min mum of size an dimensional standards shall apply:
(a) Commercial/Non-Residential Uses - Dimensional and setback
requirements shall be determined by requirements set forth
relative to off-street parking and
loading, ingress and egress, permitted outside display
areas, landscaping and other customer environment facili-
ties or improvements, and requirements relative to
construction safety standards. No use or accessory use
thereof, however, shall be permitted or create a hazard
to vision clearance at a street-to-street or street-to-alley
intersection.
(b) No building shall exceed a height of 40 feet.
(c) Residential Uses - Standards set forth by General
Residential Zones.
(d) Maximum building lot coverage shall not exceed 50%.
(6) Use Limitations. In a C-SP Zone, the following use limitations
shall app 77-
(a) All parking demand created by any permitted under
the provisions of this section shall be accommodated
on the subject premises entirely off-street.
(b) No use permitted by this section shall require the
backing of traffic onto a public or private street,
road or alley right-of-way to accommodate ingress
or egress to any use or the premises thereof.
(c) There shall not be more than one ingress or egress
from properties accommodating uses permitted by this
section per each 300 feet of street frontage or
fraction thereof. If necessary to meet this re-
quirement, permitted uses shall provide for shared
ingress and egress.
(d) Landscaping and vegetative or other screening may
be required to protect abutting or area land uses and
to increase the attractiveness of the area.
(7) Yards. Except as provided in Article VI, in a C-SP Zone, the
minimum yard requirements shall be as follows:
-37-
(a) A front yard shall be a minimum of 50 feet from
the eave line between a building or structure and
the ultimate street right-of-way of an arterial,
25 feet to a collector, and 10 feet to a local
street.
(b) A side or rear yard abutting a residential zone
shall be a minimum of 25 feet from the eave line
to the property line.
(c) A side or rear yard abutting a local street shall
be a minimum of 10 feet from the eave line to the
property line, and 25 feet if abutting a collector
or arterial street.
(d) A rear yard abutting an alley shall be 25 feet
from the eave line to the property line when it is
to be used for servicing the commercial estab-
lishment, and 10 feet in other cases.
VOL 33 FACE240
(8) Si ns. In a C SP Zone, the following signs are permitted under,
requirements outlined:
(a) Signs shall be set back at least 10 feet from a
lot line in a residential zone.
(b) Signs shall not be placed (post or overhang) or
projected into an ultimate street right-of-way as
adopted on the Comprehensi.ve,~Plan.
(c) In the event that a person desiring to erect or
place a sign does not know or is uncertain where
the ultimate street right-of-way is located, he
shall contact the administrator for assistance.
(d) Signs shall be oriented in a manner so as not to
cast direct light on adjacent or nearby residential
property.
(e) One name plate for each dwelling unit. The sign
shall not be more than one and one-half square feet
in area and shall not be specifically illuminated.
(f) One temporary sign advertising the sale, lease or
rental of the property on which it is located. The
sign shall not be more than 32 square feet in area
and shall not be specifically illuminated.
(g) One sign on the building to which it relates for
each street frontage and not exceeding an area
equivalent to one square foot of sign area for
each linear foot of the building facing the street
that borders on the building site to a maximum
sign area of 75 square feet with at least a minimum
allowable area of 15 square feet. For building
sites on which the principal use is not conducted
within a building, a detached sign may be erected
having an area not to exceed one square foot for
each two linear feet of street frontage to a max-
imum of 75 square feet and with an allowable mini-
mum of 25 square feet.
(9) Off-Street Parking and Loadinq. In a C-SPZone, off-street
parking and loading shall be provided in accordance with the
provisions of Article V.
-38
VOL
Section 3.080. LIMITED SERVICE COMMERCIAL C-LS ZONE. In a C-LS
Zone, the following regulations shall apply:
(1) Purpose and Applicability, The purpose and applicability
of the C-LS Zone is:
(a) To retain the general
strip type commercial
that area encompassed
for a lower-intensity
business at the west
(b) To maintain a higher
character of the limited
that presently exists in
by this zone, and to provide
of heavily auto related
entry to the Urban Area.
level of use compatibility
in area where strip type commercial and residential
uses abut.
(c) To maintain a high environmentally pleasing appearance
in the area of the western entry to the Urban Area;
such entry being a high use route for visitors to the
area.
(2) Uses Permitted Outright. In a C-LS Zone, the following uses
and their accessory uses are permitted subject to the provisions
of Subsections (4) and`(7) of this section.
33 FACE 241
(a) Offices for professional services such as doctors, dentists,
real estate, insurance, accountants, banking, communications,
attorneys, and similar services.
(b) Retail trade establishments such as grocery, variety, drugs,
clothing, home furnishings, hardware, sporting goods
and specialty shops; does not include drive-in type busi-
nesses such as auto, truck, boat and trailer sales, tire
stores and similar type uses.
(c) Service commercial businesses such as clothes cleaning,
beauty and barber shops, home furnishing repair, shoe
and other apparel repair, and similar type businesses;
does not include auto service and repair.
(d) Entertainment type businesses such as motels, cafes,
taverns, restaurants; excluding drive-in restaurants
and facilities with dancing and live entertainment.
Fraternal organization uses shall be included.
(e) Governmental service offices such as welfare, employment;
veteran services, and similar personal type services.
(f) Financial and business service establishment such as banks,
savings and loan, printing and publishing, and similar
type businesses.
(g) Newspapers, printing shops, duplicating processes.
(h) Public or private lots or facilities.
(i) Nurseries and garden supply stores provided all outside
storage and display is adequately screened.
(j) Plumbing, electrical, building contractor and other
construction related businesses; provided there is no
outside storage (i.e. the business is wholly enclosed
within a building).
(k) Church.
(1) Public or private school, kindergarten or childrens day nursery.
(m) Small-animal veterinary clinic wholly enclosed within a
building.
(n) Tour, travel and ticket agencies.
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VOL 33 FacE 242
(3) Conditional Uses Permitted. In a C-LS Zone, the following use;;
and t eir accessory uses are permitted when authorized in accordance,
with the provisions of Article VII and this section.
(a) Automotive sales and service including auto repair,
gasoline service stations, truck shops & car washes.
(b) Boat, trailer and recreational vehicle sales and
service; and sporting goods.
(c) Mobile home sales and service.
(d) Entertainment type businesses including drive-in
restaurants, and facilities with dancing and live
entertainment.
(e) Commercial recreation or entertainment facility including
drive-in theatre, golf course including pitch 'n' putt and
driving range, bowling alley, skating rinks, pool halls, etc.
(f) Mortuary or funeral home.
(g) Multi-family dwelling complex or mobile home park.
(h) The resumption or replacement of a residential
use where the subject use has previously been con-
ducted within the last 6 months.
(i) Public utility service, equipment and storage yards.
(j) Indoor sports arenas, gymnasiums, auditoriums, physical
culture studios.
(k) Food lockers, ice storage and dispensing.
(1) Commercial mini-storage facilities.
(m) Equipment sales, service and rental yards; used car
lots and other yards where retail products are displayed
in the open.
(4) Site Plan Review. In a C-LS Zone, a use permitted shall be
subject to the provisions of this section. Before a new building
may be constructed or an existing building enlarged or substantially
altered, a site development plan shall be submitted for approval to
the Planning Director. Construction and development of the site
shall be in substantial conformance with the plans as approved.
There may be required as a condition of approval:
(a) An increase in the required yards.
(b) Additional off-street parking.
(c) Screening of the proposed use by a fence or landscaping.
(d) Limitations on signs or lighting.
(e) Limitations on the number and location of curb cuts.
(f) Any other conditions considered necessary to achieve
the purposes of this ordinance and more specifically
this section.
(5) Dimensional Standards. In a C-LS Zone, the following dimensional
standards shall apply:
(a) Dimensional requirements shall be determined by requirements
set forth relative to off-street parking and loading, ingress
and egress, permitted outside display areas, landscaping
and other customer environment facilities or improvements,
and requirements thereof, however, shall be permitted which
will project into or over a street right-of-way or create
a hazard to vision clearance at a street-to-street or
street-to-alley intersection.
-40-
(b) No building shall exceed a height of 40 feet.
(c) Buildings shall not occupy more than 50% of total
land area.
VOL
(6) Yards. Except as provided in Article VI, in a C=LS Zone,
the minimum yard requirements shall be as follows:
(a) A front yard shall be a minimum of 10 feet from
the eave line between a building or structure and
the ultimate street right-of-way as adopted on
the Comprehensive Plan for a local street,
25 feet for a collector street, and 50 feet for
an arterial street.
(b) A side or rear yard abutting a residential zone
shall be a minimum of 25 feet from the eave line
to the property line.
(c) A side or rear yard abutting a local street shall
be a minimum of 10 feet from the eave line to the
property line, and 25 feet from an arterial or col-
lector.
(d) A rear yard abutting an alley shall be 25 feet from
the eave line to the property line when it is to
be used for servicing the commercial establishment,
10 feet in other cases.
(7) Use Limitations. All uses permitted by this section shall be
subject to the following limitations:
(a) All parking and loading demand created by any use per-
mitted under the provisions of this section shall be
accommodated on the subject premises entirely off-street.
(b) No use permitted by this section shall require the
backing of traffic onto a public or private street,
road or alley right-of-way to accommodate ingress or
egress to any use or the premises thereof.
(c) There shall not be more than one ingress or one egress
from properties accommodating uses permitted by this
section per each 300 feet of frontage on a collector
or per each 1320 feet of frontage on an arterial.
(d) No use shall require backing of traffic onto a public
right-of-way to accommodate ingress or egress.
(e) All parking and loading demands created by any use shall
be accommodated or subject premises entirely off-street.
(f) Landscaping and vegetative or other screening may be
required to protect abutting or area land uses and to
increase the attractiveness of the area.
(g) Uses permitted by this section involving drive-in
window service shall be limited to ingress and egress
locations which will not create traffic hazards, cross
traffic patterns, or require additional curb cuts on a
street recognized as an arterial or collector.
33 FACE243
(8) Si ns. In a C-LS~Zone, the following signs are permitted under
requirements outlined:
(a)
(b)
(c)
Signs shall be set back at least 10 feet from a lot
line in a residential zone.
Signs shall not be placed (post or overhang) or projected
into an ultimate street right-of-way as adopted on the
Comprehensive Plan.
'In the event that a person desiring to erect or place a sign
does not know or is uncertain where the ultimate
VOL
street right-of-way is located, he shall contact the
administrator for assistance.
(d) Signs shall be oriented in a manner so as not to
cast direct light on adjacent or nearby residential
property.
(e) One name plate for each dwelling unit. The sign shall
not be more than one and one-half square feet in area
and shall not be specifically illuminated.
(f) One temporary sign advertising the sale, lease or
rental of the property on which it is located. The
sign shall not be more than six square feet in area and
shall not be specifically illuminated.
(g) One temporary sign advertising the sale of a tract
of land or subdivision or of lots in a subdivision.
The sign shall not be more than 32 square feet in area,
shall not be specifically illuminated, and shall be
at least 10 feet from a front or side property line.
(h) One sign on the building to which it relates for
each street frontage and not exceeding an area
equivalent to one square foot of sign area for each
linear foot of the building facing the street
that borders on the building site to a maximum
sign area of 75 square feet with at least a mini-
mum allowable area of 15 square feet. For building
sites on which the principal use is not conducted
within a building, a detached sign may be erected
having an area not to exceed one square foot for
each two linear feet of street frontage to a
maximum of 75 square feet and with an allowable
minimum of 25 square feet.
33 PAGE 244
(9) Off-Street Parking and Loading. In a C-LS Zone, off-street parking and
loading shall be provided in accordance with the provisions of Article V.
-42-
Section 3,090. TOURIST COMMERCIAL C4, ZONE. In a C_T Zone, theOL
following regulations shall apply.
(1) Purpose and Applicability. The purpose and applicability
of the C-~Tlone is:
(a) To provide for the concentration of commercial
uses primarily oriented to the traveler and
tourist sector in locations complementary to
existing facilities and future major transpor-
tation facilities.
(b) To provide incentive for public and private
investments in traveler and tourist related
complexes.
(2) Uses Permitted Outright. In a C-T Zone, the following uses
and their accessory uses are permitted outright subject to the
provisions of Subsections (4) a,nd`(7) of this section.
(a) Public or private school, kindergarten, or childrens
day nursery.
(b) Public or private park, playground, golf course,
pitch 'n' putt golf, miniature golf, and similar
recreational facility excluding a golf driving range
and amusement park.
(c) Automobile, truck and recreation vehicle gasoline
service station.
(d) Eating or drinking establishment, excluding a drive-in
restaurant, provided that for any establishment serving
alcoholic beverages the primary business shall be a
cafe or restaurant.
(e) Traveler's accommodation facilities including motels,
campgrounds, and overnight trailer parks.
(f) Beauty and barber shops.
(g) Public or semi-public use.
(h) General merchandise, grocery store, or delicatessen.
(i) Artist, book, music or photography store or gallery.
(j) Laundromats or clothes cleaning establishment.
(k) Drug, sundry variety or hobby store.
(1) Rock shop, gift shop or specialty shop.
(m) Sporting goods and bait shop.
(n) Offices for real estate and insurance agents.
(3) Conditional Uses Permitted. In a C-rt Zone, the following uses
and their accessory uses are permitted when authorized in accordance
with the provision of Article VII and this section.
(a)
(b)
(c)
(d)
(e)
(f)
Recreation vehicle sales and
travel trailers, motorcycles,
Convention center.
Drive-in uses.
Any combination of 3 or more
Car Washes.
service including boats,
snowmobiles, etc.
of the uses permitted outright.
Banks or other financial institutions.
33 FACE 245
-43-
VOL X73 FACE 246
(g) Commercial amusement establishments such as bowling
alleys, skating rinks, pool halls, etc.
(h) Gymnasiums, physical culture studios, and reducing salons.
(i) Indoor sports arenas, auditoriums and theaters.
(j) Caretaker or commercial owner/operator residence.
(4) Site Plan Review. In a C-T Zone, a use permitted shall be
subject to the provisions of this section. Before a new building
may be constructed or an existing building enlarged or substantially
altered, a site development plan shall be submitted for approval
to the Planning Director. Construction and development of the site
shall be in substantial conformance with the plans as approved.
There may be required as a condition of approval:
(a) An increase in the required yards.
(b) Additional off-street parking.
(c) Screening of the proposed use by a fence or landscaping.
(d) Limitations on signs or lighting.
(e) Limitations on the number and location of curb cuts.
(f) Any other conditions considered necessary to achieve
the purposes of this ordinance, and more specifically
this section.
(5) Dimensional Standards. In a C-T Zone, the following dimensional
standards shall apply:
(a) No use permitted by this section, including buildings,
storage areas or facilities, and required parking area,
shall exceed more than 70% of the land area designed
for such use.
(b) The minimum building setback from a street right-of-way
line shall be 50 feet unless a greater setback is required
for compliance with the Comprehensive Plan criteria or
policies.
(c) The,minimum setback between a structure and an existing
use permitted by this section shall be 3 feet from the
property line and at least 10 feet from a structure on
the adjoining property, or adjoining structure may be
permitted.
(d) The maximum building height for any structure permitted
in conjunction with a use permitted by this section shall
be 45 feet.
(e) Dimensional and setback requirements shall be determined
by requirements set forth relative to off-street parking
and loading, ingress and egress, permitted outside display
areas, landscaping and other customer environment facilities
or improvements, and requirements thereof, however, shall
be permitted which will project into or over a street
right-of-way or create street-to-alley intersection.
-44-
VOL
(6) Site Design. In a C -T Zone, the following basic site design
factors sha be considered:
(1) In a C-T Zone, the site design of any permitted use
shall make the most effective use reasonably possible of
the site topography, existing landscaping, and building
placement so as to preserve existing trees and natural
features, preserve vistas and other views from public ways,
minimize visibility of parking areas from public ways,
and minimize intrusion into the character of existing
developments and land uses in the immediate area.
(7) Use Limitations. In a C-,T'Zone, the following limitations
shall apply to al permitted uses:
(a) All parking demand created by any use permitted under
the provisions of this section shall be accommodated
on the subject premises entirely off-street; minimum
standards for off-street parking requirements shall
be in accordance with the provisions of this ordinance.
(b) No use permitted by this section shall require the
backing of traffic onto a public or private street,
road or alley right-of-way to accommodate ingress or
egress to any use or the premises thereof.
(c) There shall not be more than one ingress and one egress
from properties accommodating uses permitted by this
section per each 600 feet of a collector, 1,320 for an
arterial street frontage or fraction thereof. If
necessary to meet this requirement, permitted uses
shall provide for shared ingress and egress.
(8) Signs. In a C-T Zone, the following signs are permitted under
requirements outlined:
(a) Signs shall not be placed (post or overhang) or
projected into an ultimate street right-of-way as
adopted on the Comprehensive Plan.
(b) In the event that a person desiring to erect or
place a sign does not know or is uncertain where
the ultimate street right-of-way is located, he
shall contact the administrator for assistance.
(c) One temporary sign advertising the sale, lease or
rental of the property on which it is located.
The sign shall not be more than six square feet
in area, shall not be specifically illuminated,
and shall be at least 10 feet from a front or
side property line.
(d) One temporary sign advertising the sale of a tract
of land or subdivision or of lots in a subdivision.
The sign shall not be more than 32 square feet in area,
shall not be specifically illuminated, and shall be
at least 10 feet from a front or side property.
(e) One sign on the building to which it relates for
each street frontage and not exceeding an area
equivalent to one square foot of sign area for each
linear foot of the building facing the street that
borders on the building site to a maximum sign area
33 PAGE 247
-45-
square feet with at least a minimum allowable VOL
area of 15 square feet. For building sites on
which the principal use is not conducted within
a building, a detached sign may be erected having
an area not to exceed one square foot for each
two feet of street frontage to a maximum of 75
square feet and with an allowable minimum of 25
square feet.
(9) Off-Street Parking and Loading. In a C-T Zone, off-street'
parking and loading shall be provided in accordance with the
provisions of Article V.
33 FACE 248
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VOL 33 FA6E 249
Section 3.100. LIGHT INDUSTRIAL M- L ZONE. In an M-L Zone, the
following regulations shal-T
app y:
(1) Purpose and Applicability. The purpose and applicability of
the M-L. Zone is:
(a) To provide areas for the location of those
commercial and industrial uses which are
generally in support of but not necessarily
compatible with those permissible activities
and uses in other commercial or industrial
zones; to encourage the grouping of heavy
commercial and limited industrial uses for
mutual protection and to effect economies and
efficiency in the provision of public utilities,
streets and services.
(b) This zone will normally be established in
support of a commercial zone and be reasonably
accessible and convenient thereto but shall not
be established without access to an arterial
or major collector.
(2) Uses Permitted Outright. In an M-L Zone, the following
uses and their accessory uses are permitted subject to the
provisisons of Subsections (4:) and (5)-of this section.
(a) Automobile service stations, parking lots and
buildings or storage garages.
(b) Bakeries, laundries, cleaning or dyeing plants.
(c) Business offices or commercial service businesses.
(d) Carpenter, cabinet, electrical, plumbing, heating,
tire, sheetmetal, air-conditioning, furniture
upholstering shops or stores and any other similar
uses.
(e) Contractor's yards including material and
equipment or sale or rental of same.
(f) Draying, freighting or trucking yards or terminals.
(g) Eating or drinking establishments.
(h) Lumber yards and building materials yards but
not including concrete or asphalt mixing.
(i) Manufacturing, fabricating, processing, repairing,
packing or storage; except, a use specifically as
a conditional use in an M- .L Zone or a use specifi-
cally listed as permitted outright or as a condi-
tional use in an M--4 Zone.
(j) Publishers, printers, cartographers, blueprinters,
and similar establishments.
(k) Repair garages; body and fender works; paint and
upholstery shops for boats, automobiles and other
vehicles or equipment.
(1) Retail sales incidental and subordinante to a
permitted use.
(m) Transportation and tour terminals and agencies.
(n) Any terminals or storage or maintenance yards for
a fleet of vehicles.
(o) Incidental and necessary services for persons
working in an M-L Zone when conducted within an
integral part of a main structure and having no
exterior display or advertising.
-47-
p Veterinary clinics or kennels. VOL 33 PAGE250
~q~ Wholesale distribution and sales.
(r) Any manufacturing, processing, assembly,
research, laboratory, bottling or packaging
uses which are conducted in a building.
(3) Conditional Uses Permitted. In an M-L Zone, the following
uses and their accessory uses are permitted when authorized
with the provisions of Article VII and Subsection (5) of this
Section.
(a) Public use.
(b) Semi-public use.
(c) Mobile home parks.
(d) Concrete or ready-mix plants.
(e) Heliports, airfields and landing strips.
(f) Sport fields, arenas or stadiums.
(g) Auditoriums and drive-in theaters.
(h) The sale, storage and sorting of junk, waste,
discarded or salvaged materials, machinery,
automobilesor equipment, but not including
processing.
(i) Living quarters necessary to the operation of
an industrial enterprise or for watchmen or
custodians of industrially-used property.
(j) The resumption of a residential use for single,
two or multi-family dwellings as the use has
been previously conducted where such use has
been discontinued.
(k) Retail, wholesale and/or service business
complexes of three or more such uses on a
single premise.
(1) Any use permitted by subsection (2) of this section
which is located within 600 feet of a residential
dwelling or a lot within a duly platted subdivision
or residential zone.
(m) Automobile and other automotive wrecking yard.
(n) Quarry, gravel pit. subsurface or surface mining,
including crushing, screening, or washing of
extracted materials.
(o) Commercial feed lot, stock yard, sales yard,
slaughter house, and rendering plant.
(p) Church.
(q) Public or private school.
(4) Limitations on Use. In an M-L Zone, the following limitations
on use shall apply:
(a) Any use which creates a nuisance because of excessive
noise, smoke, odor, dust or gas is prohibited.
(b) Materials shall be stored and grounds shall be
maintained in a manner which will not attract
or aid the propogation of insects or rodents or
otherwise create a health hazard.
(c) All service, processing and storage on property
abutting or facing a residential zone shall be
wholly enclosed within a building or screened
-48-
VOL
from view from the residential zone or a street or
highway by a permanently-maintained, sight obscurin,
fence at least six feet high or sight-obscuring land-
scape.
(d) Access from a public street to properties in an M-l
Zone shall be so located as to minimize traffic
congestion and avoid directing industrial traffic
onto residential or other streets.
(e) Building entrances or other openings adjacent to a
residential or commercial zone shall be prohibited
if they cause glare, excessive noise, or otherwise
adversely affect the use or value of the adjacent
property.
(f) Water used in conjunction with an industrial use
shall not be used or discharged except as approved
by the State Department of Environmental Quality.
Also, sewage disposal systems shall be approved
by the county health department prior to install-
ation.
(g) All parking and loading demand created by any use
permitted by this section shall be accommodated on
the subject premises entirely off-street.
(h) No use permitted by this section shall require the
backing of traffic onto a public or private street
or road right-of-way to accommodate ingress or
egress to any use or the premises thereof.
(i) There shall not be more than one (1) ingress and
one (1) egress from properties accommodating uses
permitted by this section per each 300 feet of
collector street frontage or fraction thereof, or
per each 1,320 feet of arterial street frontage.
If necessary to meet this requirement, permitted
uses shall provide for shared ingress and egress.
(5) Site Plan Review. In an M-L Zone, a use permitted shall
be sub3ect to the"provisions of this section. Before a new
building may be constructed or an existing building enlarged
or substantially altered, a site development plan shall be
submitted for approval to the Planning Director. Construction
and development of the site shall be in substantial conformance
with the plans as approved. There may be required as a condition
of approval:
(a) An increase in the required yards.
(b) Additional off-street parking.
(c) Screening of the proposed use by a fence
(d) Limitations on signs or lighting.
(e) Limitations on the number and location
(f) Landscaping.
or landscaping.
of curb cuts.
33 rAGE 251
-49-
(6) Uimensional Standards. in an M-L Zone, the following rVCE
dimensional standards shall apply:
(a) The minimum lot size shall be determined in
accordance with the provisions of this section
relative to setback requirements, off-street
parking and loading, and as deemed necessary by
the Commission to maintain air, water and land
resource quality and to protect adjoining and area
land uses.
(b) No use permitted by this section which is located
adjacent to or across the street from a residential
use or lot in a duly platted subdivision or resi-
dential zone shall exceed more than 60% of the land
area designed or intended for such use including
buildings, storage or facilities, and required
off-street parking and loading area.
(c) The minimum building setback between a structure
and an arterial street or railroad right-of-way
line shall be 50 feet unless a greater setback is
required for compliance with Comprehensive Plan
policies or criteria, and 25 feet on a collector.
(d) The minimum setback between a structure and a
property line abutting a residential lot or use
in a duly platted subdivision or residential zone
shall be 50 feet.
(7) Yards. Except as provided in Article VI, in an M-L Zone,
the minimum side yard shall be 10 feet from the eave line for
one and two-story buildings and 15 feet from the eave line for
three-story buildings; and front and rear yards shall be a
minimum of 25 feet.
(8) Lot Coverage. In an,M-L Zone, buildings shall not cover
more than per cent of the lot. (See Figure 2.)
(9) He- ih_t_of Buildin s. In an M-L Zone, no building shall
exceed~__a height of, 0 feet.
(10) Si ns. in an M-L Zone, signs are subject to the following
general requirements:
(a) Signs shall be set back at least 25 feet from a
lot line in a residential zone.
(b) Signs shall not be placed (post or overhang) or
projected into an ultimate street right-of-way
as adopted on the Comprehensive Plan.
(c) In the event that a person desiring to erect or
place a sign does not know or is uncertain where
the ultimate street right-of-way is located, he
shall contact the Planning Director for assistance.
(d) Signs shall be oriented in a manner so as not to
cast direct light on adjacent or nearby residential
property.
PAGE 2
-50-
(e) One temporary sign advertising the sale, lease or
rental of the property on which it is located.
The sign shall not be more than six square feet
in area and shall not be specifically illuminated.
(f) One temporary sign advertising the sale of a tract
of land or subdivision or of lots in a subdivision.
The sign shall not be more than 32 square feet in
area, shall not be specifically illuminated, and
shall be at least 10 feet from a property line.
(g) One sign on the building to which it relates for
each street frontage and not exceeding an area
equivalent to one square foot of sign area for
each linear foot of the building facing the street
that borders on the building site to a maximum sign
area of 75 square feet. For building sites on which
the principal use is not conducted within a build-
ing, a detached sign may be erected having an area
not to exceed one square foot for each two linear
feet of street frontage to a maximum of 75 square
feet and with an allowable minimum of 25 square
feet.
uai 33 FACE 253
(11) Off-Street Parking and Loading. In an M- L Zone, off-street
parking and loading shall be provided in accordance with the pro-
visions of Article V.
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VOL 33 Fina 254
Section 3.110. HEAVY INDUSTRIAL M-H ZONE. In an M-H Zone, the
following regulations shall app y:
(1) Purpose and Applicability. The purpose and applicability of
the M-H Zone is:
(a) To allow space for the grouping of those uses
that are generally considered to be offensive
or to have some element of danger; to prohibit
the encroachment of incompatible uses; to regu-
late the nuisance uses so as to decrease their
detrimental effect on surrounding uses of land.
(b) This zone shall not in general be established
without due regard to the problem of protecting
adjoining land uses. Where possible, natural
physical features shall be used as zone bounda-
ries; but when necessary, open space uses may
be established to provide relief for'other land
uses that would be incompatible with heavy in-
dustry if located in close proximity to such
industry.
(2) Uses Permitted Outright. In an M-H Zone, the following
uses and their accessory uses are permitted subject to the pro-
visions of Subsections (4) and (5) of this section.
(a) A use permitted outright in an M-L Zone,
except retail trade.
(b) Concrete or concrete products manufacturing.
(c) Lumber manufacturing or wood processing.
(d) Petroleum products and shaping or distribution.
(e) Stone cutting and shaping for construction,
ornamental and/or monumental purposes.
(f) Incidental and necessary services for persons
working in an M-H Zone when conducted within an
integral part of a main structure and having no
exterior display or advertising.
(3) Conditional Uses Permitted. In an M-H Zone, the following uses
and their accessory uses are permitted when authorized in accordance
with the provisions of Article VII and Subsection (5) of this Section.
(a) Asphalt plants.
(b) Brick and pottery factories.
(c) Bulk storage and/or distribution of explosives.
(d) Chemical manufacturing or storage, including farm
chemicals.
(e) Dumping, disposal, incineration or reduction of
refuse or waste matter.
(f) Livestock feeding yards or stockyards.
(g) Glue manufacturing.
-52-
(h~
(j)
(k)
(1)
(n)
(o)
(p)
(q)
(r)
(s)
Heliports, airfields and landing strips.
Public use.
Quarries and commercial excavations.
Reduction, refining, smelting or alloying of
metals, petroleum products or ores.
Rendering plants.
Semi-public use.
Slaughter houses.
Steel and boiler works, fabrication, assembly
and storage of structural steel products, foundries,
and machine shops.
Storage, curing, tanning of raw, green or salted
hides or skins.
Wrecking yards or junkyards.
Living quarters necessary to the operation of an
industrial enterprise or for watchmen or custodians
of industrially-used property.
VOL 33 PACE 255
The resumption of a residential use for single, two
or multi-family dwellings as the use has been pre-
viously conducted where such use has been discontinued.
(4) Limitations on Use. In an M-H Zone, the following limitations
on use shall apply:
(a) Any use which creates a nuisance because of
excessive noise, smoke, odor, dust or gas is
prohibited.
(b) Materials shall be stored and grounds shall be
maintained in a manner which will not attract
or aid in the propagation of insects or rodents
or otherwise create a health hazard.
(c) All service, processing and storage on property
abutting or facing a residential zone shall be
wholly within an enclosed building or screened
from view from the residential zone or a street
or highway by a permanently-maintained, sight-
obscuring fence at least six feet high or sight-
obscuring landscaping.
(d) Access from a public street to properties in an
M-H Zone shall be so located as to minimize traf-
fic congestion and avoid directing industrial
traffic onto residential or other streets.
(e) Building entrances or other openings adjacent to
a residential or commercial zone shall be prohib-
ited if they cause glare, excessive noise, or
otherwise adversely affect the use or value of
'the adjacent property.
(f) Water used in conjunction with an industrial use
shall not be used or discharged except as approved
by the State Department of Environmental Quality.
Also, sewage disposal systems shall be approved
by the county health department prior to install-
ation.
(g) All parking and loading demand created by any use
permitted by this section shall be accommodated
on the subject premises entirely off-street.
-53-
VOL 33 PACE 256
(h), No use permitted by this section shall require the
backing of traffic onto a public or private street
or road right-of-way to accommodate ingress or egress
to any use on the premises thereof.
(i) There shall not be more than one ingress and one egress
from properties accommodating uses permitted by this
section per each 300 feet of collector street frontage
or fraction thereof, and per each 1,320 feet of arterial
street frontage. If necessary to meet this requirement,
permitted uses shall provide for shared ingress and egress.
(5) Site Plan Review. In an M-H Zone, a use permitted shall be
subject to the provisions of this section. Before a new building
may be constructed or an existing building enlarged or substantially
altered, a site development plan shall be submitted for approval to
the Planning Director. Construction and development of the site plan
shall be in substantial conformance with the plans as approved.
There may be required as a condition of approval:
(a) An increase in the required yards.
(b) Additional off-street parking.
(c) Screening of the proposed use by a fence or landscaping.
(d) Limitations on signs or lighting.
(e) Limitations on the number and location of curb cuts.
(f) Any other conditions considered necessary to achieve
the purpose of this ordinance including landscaping.
(6) Dimensional Standards. In an M-H Zone, the following dimensional
standards shall apply:
(a) The minimum lot size shall be determined in accordance
with the provisions of this section relative to
setback requirements, off-street parking and loading,
and as deemed necessary by the Commission to maintain,
air, water and land resource quality and to protect
adjoining and area land uses.
(b) No use permitted by this section which is located
adjacent to or across the street from a residential
use or lot in a residential zone shall exceed more
than 60% of the land area designed or intended for
such use including buildings, storage areas or facil-
ities, and required off-street parking and loading area.
(c) The minimum building setback between a structure and aii
arterial street or railroad right-of-way line shall
be 50 feet unless a greater setback is required for
compliance with Comprehensive Plan policies or criteri<1,
and 25 feet from a collector street.
(d) The minimum setback between a structure and a propertY
line abutting a residential lot or use in a duly
platted subdivision or residential zone shall be 50 fee..
-54-
VOL 33 ?AcE "57
(7) Yards. Except as provided in Article VI, in an M-H Zone,
the minimum side yard shall be 15 feet from the eave line for
one and two-story buildings; 20 feet for three-story buildings
and 25 feet for four-story buildings; and front and rear yard
shall be a minimum of 30 feet from the eave line to the property
dine.
(8) Lot Coverage. In an M-H Zone, buildings shall not cover
more than 75 percent of the lot . (See Figure 2.)
(9) Height of Buildings. In an M-H Zone, no building shall
exceed a height of 60 feet.
(10) Signs. In an M-H Zone, signs are subject to the same
requirements as provided in the M-L Zone.
(11) Off-Street Parking and Loading. In an M-H Zone, off-street
parking and loading shallbe provided in accordance with the
provisions of Article V.
-55-
Section 3.120. SPECIAL USE ZONE-AIRPORT CONTROL AC ZONE. VOL FAf 258-
(1) Purpose and Applicability. The purpose and applicability of
the AC Zone is:
(a) In order to provide for the safety and use of
land coincident with the airport and to prevent
natural or man-made objects from encroaching into
necessary navigation airspace, certain airport
control zones are created which include all of
the land lying within transitional surfaces, conical
surfaces, instrument approach surface and horizontal
surface.
(b) These zones shall be established as indicated on the
official zoning map for existing runways and future
modifications thereto, Roberts Field, or any other
airport that may be constructed necessitating navigation
controls which will affect land within the Redmond
Urban Growth Boundary.
(2) AC Sub-Zone Classifications and Designation. In an AC Zone,
the following zones are hereby created:
(a) Conical Zone AC%C.
(b) Horizontal Zone AC/H.
(c) Precision Instrument Approach Zone AC/P-1A.
(d) Non-Precision Instrument Approach.Zone AC/NP-1A.
(e) Visual Approach Zone AC/VA.
(f) Transition Zone AC/T.
(3) Sub-Zone Coverage. AC Sub-Zone coverage requirements shall
be as follows subject to the provisions of subsection (5) of this
section.
(a) Conical Zone (AC/C). That area below the conical
surface which commences at the periphery of the
horizontal surface and extends outward and upward
at a slope of 20 to 1 for a horizontal distance of
4,000 feet.
(b) Horizontal Zone (AC/H). That area below the horizontal
surface, which surface is 150 feet above the established
airport elevation, the perimeter of which is constructed
by swinging arcs of specified radii from the center of
each end of the primary surface of each runway of each
airport and connecting the adjacent arcs by lines tangent
to those arcs.
The radius of each arc is:
1) 5,000 feet for all runways designated as
utility or visual. .
2) 10,000 feet for all other runways.
Should a 5,000 foot arc be encompassed by tangents
connecting two adjacent 10,000 foot arcs, the 5,000
foot arc shall be disregarded in the construction of
the perimeter of the horizontal surface.
-56-
(4)
(c) Precision instrument approach zones (AC/P-1A).
Those areas below the precision instrument approach
surface; which surface begins at the end of the
primary surface with a width of 1,000 feet and
extends outward 10,000 feet at a slope of 50 to 1
with an additional 40,000 feet at a slope of 40
to 1 and expanding to a far end surface width of
16,000 feet.
(d) Non-precision instrument approach zones (AC/NP-1A).
Those areas below the non-precision instrument
approach surface, which surface begins at the end
of the primary surface with a width of 500 feet and
extends upward and outward 10,000 feet at a slope
of 34 to 1 and expanding to a width of 4,000 feet
with visibility minimums as low as three-fourths
statute mile; to a width of 3,500 feet with visi-
bility greater than three-fourths of a statute mile
and to 2,000 feet for a utility runway with a
non-precision instrument approach.
(e) Visual approach zones (AC/VA). Those areas lying
below the visual approach surface which surface
begins at the end of the primary surface with a
width of: 250 feet for utility runways having
only visual approaches; and a width of 500 feet
for other than utility runways having only visual
approaches and expanding to a width of 1,250 feet
for a utility runway or 1,500 feet for other than
a utility runway.
(f) Transition zones (AC/T). Those areas below the
transitional surfaces, which surfaces extend out-
ward and upward at right angles to the runway
centerline and the runway centerline extended at
a slope of 7 to 1 from the sides of the primary
surface for those portions of the precision ap-
proach surface which project through and beyond
the limits of the conical surface, extend a
distance of 5,000 feet measured horizontally from
the edge of the approach surface and at right
angles to the runway centerline.
Height Limitations.
(a) In AC Sub-Zones, no structure or tree shall be
erected, altered, allowed to grow or be maintained
in any sub-zone to a height in excess of the height
limit herein established for such sub-zones. Such
height limitations are determined for the conical
and horizontal zones from the airport elevation.
The runway and elevations are the basis for the
height limitations for the approach surfaces. The
height limitations for the transitional zones are
based on adjacent runway elevations and the peripheral
elevations of the approach, horizontal and conical
surfaces.
VOL 33 QAcE 259
-57-
wot 33 PAGE 260
(b) Excepted height limitations. Nothing in this ordinance
shall be construed as prohibiting the growth, con-
struction or maintenance of any tree or structure
to heights permitted under Article III; providing,
that such tree or structure shall not exceed height
limits provided in this section.
(c) Where an area is covered by more than one height
limitation, the more restrictive limitations shall
prevail.
(5) Use Restrictions. Notwithstanding any other provisions of
this ordinance, no use may be made of land within any AC Zone in
such a manner as to create electrical interference with radio
communication between the airport and aircraft, make it difficult
for pilots to distinguish between airport lights and others,
result in glare in the eyes of pilots using the airport, impair
visibility in the vicinity of the airport or otherwise endanger
the landing, taking off or maneuvering of aircraft.
(6) Hazard Marking and Lighting. If necessary and advisable to
effectuate the purpose of the AC Zone and be reasonable in the
circumstances, the owner of any structure or tree which constitutes
a hazard to avigation shall be required to permit the city, at its
own expense, to install, operate and maintain thereon such markers
and lights as may be necessary to indicate to pilots the presence
of an airport hazard.
-58-
VOL
Section 3.130. PARK RESERVE-OPEN SPACE P-R ZONE. In a P-R Zone,
the following regulations shall apply:
(1) Purpose and Applicability. The purpose and applicability
of the P-R Zone is:
(a) To preserve areas of natural, historical, scenic
or geological significance.
(b) To provide areas for public recreational use and
development, present and future.
(2) Conditional Uses Permitted. In a P-R Zone, the following
uses and their accessory uses are permitted when authorized in
accordance with the provision of Artic1e'VII.
(a) Farm use as defined in O.R.S. Chapter 215.203,
but not including those uses listed in O.R.S.
Chapter 215.213.
(b) Public reserve areas of natural, historical or
geological significance.
(c) Public recreational facility owned and operated
by a public agency or district, or by a community
nonprofit organization.
(d) Publicly owned and operated sewage or water system
facility.
(3) Dimensional Standards. In a P-R Zone, the following dimensional
standards shall apply:
(a) The minimum lot size shall be determined by the
Commission to be necessary for the protection of
public health and natural resources.
(4) Setbacks. In a P-R Zone, the following setback requirements
shall apply:
(a) There shall be a setback of a minimum of 60 feet
from an arterial or collector street or road
right-of-way; and a 100 foot setback from a lot
within a duly platted and recorded subdivision.
(5) Limitations on Conditional Uses. In addition to the standards
and conditions that may be attached to the approval of a conditional
use as provided by Article VII, the following limitations shall
apply to a use in a P-R Zone:
(a) An application for a conditional use in a P-R Zone
may be denied if, in the opinion of the Hearings
Officer; the proposed use is not related to or
complimentary to the recreational resources of the
area and if public need is not evident.
(b) An application for a conditional use in a P-R Zone
may be denied if, the applicant fails to demonstrate
that the proposal is essential to the public interest
and to the full development of the resource.
33 PAGE 281
-59-
~U~
(c) The Hearings Officer may limit changes in the VOL 33 PAuf
natural grade of land, or the alteration, removal
or destruction of natural vegetation in order to
prevent or minimize erosion, pollution or degreda-
tion of the natural attractiveness of the area.
(d) An application for a conditional use in a P-R Zone
shall be denied if, in the opinion of the Hearings
officer, the proposed use would exceed the carrying
capacity of the area or would be detrimental to the
natural features or resources of the area.
-60-
ARTICLE IV. SUPPLEMENTARY PROVISIONS VOL 33 FacE263
Section 4.010. ACCESS-MINIMUM LOT FRONTAGE. Every lot shall
*abut a street, other than an alley, for at least 50 feet.
Section 4.020. ESTABLISHMENT OF CLEAR VISION AREAS. In all zones,
on all corners of all building sites adjacent to the intersection of
two streets or of a street and a railroad, within a triangle formed by
the street lines of such building site (ignoring any corner radius)
and a line drawn between points on such street lines at designated
distances from the intersection thereof, there shall be no fence, wall,
hedge or building higher than three feet nor any obstruction to vision
other than a post column or tree trunk (clear of branches or foliage)
between a height of three feet and a height of eight feet above the
level of the curb, or of the level of the above-mentioned point of
intersection if the streets are sloping. (See Figure 5.)
Section 4.030. MEASUREMENT OF CLEAR-VISION AREA. A clear-vision
area shall consist of a triangular area two sides of which are lot lines
measured from the corner intersection of the street lot lines for a
distance specified in this regulation, or, where the lot lines have
rounded corners, the lot lines extended in a straight line to a point
of.intersection and so measured, and the third side of which is a line
across the corner of the lot joining the non-intersecting ends of the
other two sides. The following measurements shall establish clear-
vision areas within the urban area.
(1) In an industrial zone, the minimum distance shall be
30 feet, or at intersections including an alley, 10 feet.
(2) In all other zones, the minimum distance shall be in
relationship to street and road right-of-way widths
as follows:
ROW Width
80 feet & more
60 feet
50 feet
Clear-Vision
Measurement
20 feet
30 feet
40 feet
-61-
VOL _33 PA"vE
Section 4.040. MINIMUM STANDARDS FOR THE CONSTRUCTION OR ALTERATION
OF SERVICE STATIONS. Any service station which is constructed or
undergoes major alteration after the effective date of this ordinance
shall conform to the following standards:
(1) Location. No portion of any service station shall
hereafter 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.
(2) Minimum lot size.
(a) The minimum lot size for a service station site
shall be 10,000 square feet on a corner lot and
12,000 square feet on any other lot.
(b) The minimum street frontage on the major traffic-
carrying street of a corner lot shall be 100 feet.
(c) The minimum street frontage for a service station
site on other than a corner lot shall be 120 feet.
(d) The minimum lot depth shall be 100 feet.
(3) Setbacks. The service station and any attached or free-
standing canopies on the service station property shall be set
back not less than 10 feet from any property line.
(4) Screening.
(a) When property used for a service station abuts
on property used for residential purposes, there
shall be placed along the boundary between the
residential property and the service station a
solid wall or fence 6 feet high, or as an alter-
native, an evergreen hedge at least 4 feet high
and capable of attaining a height of 6 feet.
(b) Any area used for the storage of trash or other
waste shall be screened by a solid wall or fence
which prevents the said objects from being visible
from any public street or sidewalk.
(5) Landscaping. There shall be landscaping on at least 4 percent
of the service station lot. Landscaping plans shall be approved
during site plan review as set forth in this ordinance.
(6) Lighting.
(a) Lighting shall be of such illumination, direction,
color and intensity as not to create a nuisance on
adjacent property or to create a traffic hazard.
(b) Wiring for the business and its signs and outdoor
light fixtures shall be underground.
(7) Major alteration. "Major alteration" shall include any
improvement, expansion or structural changes which do not consti-
tute ordinary upkeep or minor repairs.
-62-
(8) Off-street parking. An off-street parking space shall
be provided for the employees and operators of the service
station.
(9) Permitted activities. A service station may engage in
the following activities which are incidental to its use as
a service station: the sale and installation of motor vehicle
accessories, motor vehicle repairs, and any other sale, service
or activity customarily provided by service stations.
VOL 33 PAGE 265
-63-
Section 4.050. SERVICE STATION ABANDONMENT.
VOl 33 PAGE 266
(1) Abandonment. Whenever a service station is not in use as
a service station for a continuous period of six months, all
structures and facilities above and below the ground located on
the lot which were connected with the operation of the service
station shall be removed. It shall be the primary responsibility
of the owner of the improvements to comply with the directives of
this ordinance. In the event that the owner of the improvements
fails to comply with the directives of this ordinance, it shall
be the responsibility of the owner of the real property upon
which the facilities are located to comply with the directives
of this ordinance. In the event that the owner of said real
property fails to comply, the county may remove the improvements
and make the costs of said removal a lien against the property.
Operation for at least 90 consecutive days shall be required
to interrupt a continuous six-month period.
(2) All service stations which are unused for six months as
provided above are hereby declared to be nuisances and subject
to abatement as hereinafter provided.
(3) Inspections. The county mAy, at its discretion, make
periodic inspections; and when a service station has been found
not to be in use as a service station for a period of six
consecutive months, the following persons shall be notified
of the requirements to be met under this ordinance.
(a) The record owner of the real property.
(b) The oil company that last supplied petroleum
products to the station.
(c) The last operator of the station.
(4) Notice. The following shall be satisfactory notice under
this section:
(a) A notice shall be prominently posted on the premises
where the station is located, directing the owner
or person in charge of the station to comply with
the directives of this ordinance.
(b) At the time of posting, the county shall cause a
copy of the notice to be forwarded by registered
or certified mail, postage prepaid, to the persons
named above.
(c) The notices shall contain:
(i) A description of the real property, be street
address or otherwise, on which the service station
is located.
(ii) A description of the removal work necessary
to comply with this ordinance,
(iii) A direction to comply with the requirements
contained in said notice within 30 days from the date
of the notice.
(iv) A statement that unless the required work
is done, the county may do it, that the cost thereof
shall be a lien against the property, and that
failure to so perform may result in court prosecution.
(v) A statement that the owner or other person
in charge of the property may appeal the directive
contained in the notice by notifying the county in
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VOL j FACE
in writing within 10 days from the date of the
notice.
(d) Upon completion of the posting and mailing, the
person posting and mailing the notice shall execute
and file a certificate stating the date and place
of mailing and posting.
(e) An error in the name or address of the owner or
person in charge of the property or the use of
a name other than that of the owner or such other
person shall not make the notice void, and in such
a case the posted notice shall be sufficient.
(5) An order of a county official may be appealed by filing a
written notice with the county within 10 days after the order
is received or refusal communicated. The appellant and the
county official shall be granted a hearing before the Board of
County Commissioners and action taken by the Board after the
bearing shall be final.
-65-
Section 4.060. STANDARDS FOR MOBILE HOMES VOL 33 PACE268
(1) The owner of the mobile home shall be the owner of the lot
on which the mobile home is located, and the occupant of the mobile
home, except in mobile home parks or as approved by the Hearings Officer.
(2) The mobile home shall be a double wide or wider unit and
shall contain a minimum of 950 square feet of living space,
except that mobile homes located on interior lots of a duly plat-
ted and approved mobile home subdivision or PUD may be single
wide units with a minimum of 750 square feet.
(3) The mobile home shall be placed on and securely anchored
to a foundation having permanence and strength equal to that pro-
vided by a concrete or masonry block foundation or other nonflam-
mable material and such foundation shall be installed according to
manufacturer's instructions approved by the State Department of
Commerce, and all road and transient lights, wheels and hitch shall
be removed.
(4) All plumbing. electric and gas service connections shall be
made according to instruction approved by the State Department of
Commerce.
(5) The mobile home shall have a continuous skirting of concrete
or masonry construction extending at least 12 inches into the
ground or to an impervious layer, and at no point shall the skirting
be exposed more than an average of 18-inches above the ground level;
although such skirting shall be continuous, there shall be prov i-
sions for ventilation and access to the space under the unit (said
space shall not be less than 18-inches), and such openings shall be
secure against the entrance of animals. Unless the mobile home is
placed on a basement foundation, any variations to skirting construc-
tion shall be approved by the Building Officer prior to construction.
(6) The mobile home unit shall be manufactured after June 15, 1976,
and bear the Oregon Department of Commerce 'Insignia of Compliance'.
All pre-owned and pre-occupied units (i.e. used) shall be inspected
by the Building Officer prior to installation and occupance to insure
compliance with applicable standards required for the "Insignia of
Compliance' and to insure that such units are in such a condition as
to not be detrimental to the public health, safety and general welfare
to adjoining properties.
(7) All mobile home accessory buildings and structures shall comply
with state and local construction and installation standards. Mobile
home accessory structures include porches and steps, awning, cabanas,
carports, or any other structure or addition that depends in part, on
the mobile home for its structural support, or in any manner -is im-
mediately adjacent to or attached to the mobile home. Such structures
or additions shall not total more than 30% of the total living space
of the mobile home and such structures or additions combined. Roofing
and siding materials shall be of similar material and color and compli-
mentary to the existing mobile home unit. Ramadas shall not be permit-
ted.
-66-
VOL
Section 4.070. DEVELOPMENT STANDARDS ALONG THE PERIMETER OF THE "CANYON".
(1) All lots fronting on the Canyon Rim shall be a minimum of
9,000 square feet.
(2) Mobile homes shall not be permitted within 200 feet of
the Canyon Rim.
(3) All development within 200 feet of the Canyon Rim shall
be subject to a special site development plan review by the
Planning Director. Consideration shall be given to site land-
scaping, maintenance of the visual aesthetics, retention of
native vegetation, minimization of natural ground area dis-
turbances, special setbacks, etc.
(4) No structure within 200 feet of the the Canyon Rim shall
exceed the height of 20-feet or 12 stories above ground level,
whichever is less.
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VOL
ARTICLE V. OFF-STREET PARKING AND LOADING REQUIREMENTS
Section 5.010. Off-Street Parking. At the time a building is
constructed or enlarged, off-street parking space shall be provided
as set forth in this section. When square feet are specified, the
area measured shall be the gross floor area of the building but
shall exclude any space within a building devoted to off-street park-
ing or loading. When the number of employees is specified, persons
counted shall be those working on the premises, including proprietors,
during the largest shift at peak season.
USE
(1) Residential Uses
One family dwelling or
mobile home
Two-family dwelling
Multi-family dwelling
(2) Commercial Residential Uses
STANDARD
Two spaces per dwelling unit on
a single lot.
Two spaces per dwelling unit
a single lot.
Spaces equal to 1.5 times the
number of dwelling units; where
fractioned, next highest full
unit; plus one additional space
for owner or manager and one
space per five dwelling units
for guests, trailer and boat
storagei Except in the case of
complexes restricted to the aged
the number of spaces may be
reduced by 30%.
Motel or hotel One space per guest or suite,
plus one space for the owner
or manager.
Club or lodge Spaces to meet the combined re-
quirements of the uses being con-
ducted such as hotel, restaurant,
etc.
Rooming or boarding One space for each guest room.
house
(3) Institutions
Convalescent hospital, One space per two beds for
nursing home, sani- patients or residents.
tarium, rest home
Library, museum, art One space per 250 square feet
gallery of gross floor area.
Hospital Spaces equal to 1.5 times the
number of beds; where fractioned,
next highest full unit.
33 FACE 27"0
-68-
USE
(4) Places of Public Assembly
Church
Community swimming pool
Elementary or junior
high school
High school
Other auditorium or
meeting room
(5) Commercial Amusements
Stadium, arena, etc.
Bowling establishment
without restaurant
Bowling establishment
with restaurant
Dance hall or skating
rink
(6) Commercial
Retail store
Service or repair
shop, retail business
handling bulky merchan-
dise such as automobiles
and furniture
Bank, business or pro-
fessional office
-69-
STANDARD
vot 33 FArf 271
One,space per four seats in the
main auditorium.
One space per 40 square feet of
pool area.
One space per classroom, plus
one space per administrative
employee or one space per four
seats in the auditorium or
assembly room.
One space per classroom, plus
one space per administrative
employee, plus one space for
each six students or one space
per four seats in the main audi-
torium.
One space per 60 square feet of
gross floor area.
One space per four seats.
Six spaces per alley.
Eight spaces per alley.
One space per 100 square feet
of gross floor area.
One space per 400 square feet
of gross floor area.
One space per 600 square feet
of gross floor area.
One space per 600 square feet
of gross floor area, plus one
space per two employees.
VOL 33 PACE 27'2
USE
(6) Commercial (continued)
Medical or dental
clinic
Eating or drinking
establishment
Mortuary
(7) Industrial
Industrial, manufac-
turing, research and
freight terminal uses
Wholesale establish-
ment, warehouse or
bulk storage
-70-
STANDARD
One space per 300 square feet of
gross floor area, plus. one space
per two employees.
One space per 100 square feet of
gross floor area.
One space per four seats in the
chapel.
One space per employee, if pos-
sible to determine; otherwise
one space per 800 square feet
of gross area.
One space per employee, if pos-
sible to determine; otherwise
one space per 1,000 square feet
of gross floor area.
Y
33
s"CE273
Section 5.020. OFF-STREET PARKING AND LOADING. Buildings or structure
to be built or substantially altered which receive and distribute materials
and merchandise by trucks shall provide and maintain off-street loading
berths. Off-street parking areas used to fulfill requirements of this ordi-
nance shall not be used for loading and unloading operations except during
periods of the day when not required to care for parking needs. General
provisions are as follows:
(1) The provision and maintenance of off-street parking and
loading spaces is a continuing obligation of the property owner.
Should the owner or occupant of any lot or building change the
use to which the lot or building is put, thereby increasing off-
street parking or loading requirements, it shall be a violation
of this ordinance to begin or maintain such altered use until
such time as the increased or off-street parking or loading re-
quirements are complied with.
(2) Requirements for types of buildings and uses not specifi-
cally listed in this ordinance shall be determined by the Plan-
ning Commission based upon the requirements for comparable uses
listed.
(3) In the event that several uses occupy a single structure
or parcel of land, the total requirements for off-street parking
shall be the sum of the requirements of the several uses computed
separately.
(4) Owners of two or more uses, structures or parcels of land
may agree to utilize jointly the same parking and loading spaces
when the hours of operation do not overlap; provided, that satis-
factory legal evidence is presented to the county in the form'of
deeds, leases or contracts to establish the joint use.
(5) Off-street parking spaces for dwellings shall be located
on the same parcel with the dwelling. Other required parking
spaces shall be located not farther than 300 feet from the
building or use they are required to serve, measured in a straight
line from the building.
(6) Required parking spaces shall be available for the parking
of passenger automobiles of residents, customers, patrons and
employees only, and shall not be used for storage of vehicles
or materials or for the parking of trucks used in conducting the
business or use.
(7) In any zone in connection with every building or part thereof
hereafter erected and having a gross floor area of 10,000 square
feet or more, which is to be occupied for manufacturing, storage,
warehousing, goods display, retail sales, a hotel, a hospital, a
mortuary, a laundry, a drycleaning establishment, or other uses
similar requiring the receipt or distribution by vehicles of
material or merchandise, there shall be provided and maintained
at least one off-street loading berth, plus one additional such
loading, for each additional 20,000 square feet. Said loading
berth shall be provided with access, driveways and surfacing
in the same manner as for off-street parking, except that each
space shall be 10 feet wide and 22 feet long with a height
clearance of at least 14 feet.
-71-
Section 5.030. DESIGN AND IMPROVEMENT STANDARDS FOR PARKING LOTS?t 33 PAGE 274
The design and improvement standards or parking lots are:
t (1) Each parking space or stall shall be governed by the
requirements of Section 5.040, and in no case have less than
a minimum width of 8 feet and a minimum length of 18 feet,
but in any case must have at least a total area of 144 square
feet and must be individually accessible, be covered with an
all-weather, durable and dustless surface and be adequately
maintained.
(2) Except for parking in connection with dwellings, parking
and loading areas adjacent to or within a residential zone or
adjacent to a dwelling shall be designed to minimize disturbance
to residents by the erection between the uses of a sight-obscuring
fence or planted screen of not less than five feet in height
except where vision clearance is required.
(3) Parking spaces along the outer boundaries of a parking lot
shall be contained by a bumper rail or by a curb which is at least
four inches high and which is set back a minimum of one and one-
half feet from the property line.
(4) Artificial lighting which may be provided shall not shine or
create glare in any residential zone or on any adjacent dwelling.
(5) Access aisles shall be of sufficient width to permit easy
turning and maneuvering.
(6) Except for single-family and duplex dwellings, groups of
more than two parking spaces shall be so located and served by
a driveway that their use will require no backing movements
or other maneuvering within a street right-of-way other than
an alley.
(7) Service drives to off-street parking areas shall be de-
signed and constructed both to facilitate the flow of traffic
and to provide maximum safety for vehicles and pedestrians.
The number of service drives shall be limited to the minimum
that will accommodate anticipated traffic.
(8) Driveways shall have a minimum vision clearance area formed
by the intersection of the driveway centerline, the street
right-of-way line, and a straight line joining said lines through
points 30 feet from their intersection.
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Section 5.040. PARKING TABLE AND DIAGRAM.
following table provides the minimum dimensions
parking areas based on the diagram on the same
the parking angle, "B" equals the stall width,
stall depth, "D" equals the minimum clear aisle
,the stall distance at bay side, "F" equals the
width and "G" is the maximum permitted decrease
for private parking areas.
IMMM
VOL
Parking table. The
of public or private
page where "A" equals_
"C" equals the minimum
width, "E" equals
minimum clear bay
in clear aisle width
PAGE2l5
-73-
VOL 33 PAGE 276
PARKING TABLE
A
B
C
D
E
F
G
P
a
r
a
I
8'0"
12.0
22.0
20.0
2
1
e
1
8'0"
13.6
11.0
23.4
24.6
8'6"
14.1
11.0
24.9
25.1
200
9'0"
14.6
11.0
26.3
25.6
1
10'0"
15.5
11.0
29.2
26.5
8'0"
16.0
11.0
16.0
27.0
8'6"
16.4
11.0
17.0
27.4
300
9'0"
16.8
11.0
18.0
27.8
1
9'6"
17.3
11.0
19.0
28.3
10'0"
17.7
11.0
20.0
28.7
8'0"
18.4
14.0
11,3
32.4
8'6"
18.7
13.5
12.0
32.2
450
9'0"
19.1
13.0
12.7
32.1
3
9'6"
19.4
13.0
13.4
32.4
10'0"
19.8
13.0
14.1
32.8
8'0"
19.7
19.0
9.2
38.7
8'6"
20.0
18.5
9.8
38.5
600
9'0"
20.3
18.0
10.4
38.3
3
9'5"
20.5
18.0
11.0
38.5
10'0"
20.8
18.0
11.5
38.8
8'0"
19.8
20.0
8.5
39.8
8'6"
20.1
19.5
9.0
39.6
700
9'0"
20.4
19.0
9.6
39.4
3
9'6"
20.6
18.5
10.1
39.1
10'0"
20.9
18.0
10.6
38.9
8'0"
19.2
25.0
8.1
44.2
8'6"
19.3
24.0
8.6
43.3
800
9'0"
19.4
24.0
9.1
43.4
3
9'6"
19.5
24.0
9.6
43.5
10'0"
19.6
24.0
10.2
43.6
8'0"
18.0
26.0
8.0
44.0
8'6"
18.0
25.0
8.5
43.0
900
9'0"
18.0
24.0
9.0
42.0
3
9'6"
18.0
24.0
9.5
42.0
10'0"
18.0
24.0
10.0
42.0
F D
E
PARKING DIAGRAM
The above diagram is explana-
tory to Parking Table.
-74-
tI~1C 33 rw, 271
ARTICLE VI. EXCEPTIONS
I
Section 6.010. EXCEPTION TO LOT SIZE REQUIREMENTS. If a lot or the
aggregate of contiguous lots or parcels platted prior to the effective date
of this ordinance, has an area or dimension which does not meet the require-
menYts of this ordinance, the lot or aggregate holdings may be put to use
permitted subject to the other requirements of the zone in which the property
is located.
Section 6.020. EXCEPTION TO YARD REQUIREMENTS. The Hearings Officer
may increase the yard requirement when a yard abuts a street which the Compre-
hensive Plan designates for future widening. The Hearings Officer may permit
a less front yard requirement if structures on abutting lots do not meet the
front yard requirements of the zone in which it is located.
Section 6.030. EXCEPTION TO YARD REQUIREMENTS FOR DETACHED ACCESSORY
BUILDINGS. Detached accessory buildings shall be located not less than 50 feet
from the front line and shall not project into the required side yard on the
street side of a corner lot. Where no alley exists, accessory, buildings
shall be located not less than six feet from the rear lot line, but in no
event may a structure encroach on a publiCutility easement: Where an alley
does exist, accessory buildings shall be located not less than five feet from
the rear lot line or alley.
Section 6.040. EXCEPTION TO BUILDING HEIGHT LIMITATIONS. Except for
the navigation requirements set forth in Section 3.120, the following types
of structures or structural parts are not subject to the building height
limitations prescribed under Article III of this ordinance: chimneys, tanks,
church spires, belfries, domes, monuments, fire and hose towers, observation
towers, transmission towers, smokestacks, flag poles, radio and television
towers, masts, arterials, cooling towers, elevator shafts and other similar
projections.
Section 6.050. LOT EXCEPTIONS, SPECIAL. In any zone, the state minimum
lot area for residential purposes may be replaced by a maximum gross density
of equal restrictiveness. For example, given an undeveloped five-acre parcel
in a General Residential Zone (6,000 sq. ft. minimum lot size), the Commission
may approve a development with a gross density of 7 units per acre (i.e. 43,560
6,000) for single-family units. Higher demands would be achievable calcula-
ting gross densities for multi-family dwelling complexes. The option thereof
is for the clustering of units on smaller acreage and dedicating the balance
to open space or common use area.
Section 6.060. SPECIAL EXCEPTION TO LOT SIZE REQUIREMENTS. Any parcel
of land or portion thereof which is to be dedicated to a public or semi-public
entity for a road, canal, railroad, utility or other public use shall be exempt
from the minimum lot size requirements set forth by this ordinance.
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VOL 4ky WE
ARTICLE VII. SITE PLAN REVIEW
Section 7.010. PURPOSE. This section provides for administrative
review of the design of certain developments and improvements in order to
promote functional, safe, innovative and attractive site development compa-
tible with the natural and man-made environment.
Section 7.020. ELEMENTS OF SITE PLAN. The elements of a site plan are:
the layout and design of all existing and proposed improvements, including, but
not limited to, buildings, structures, parking; circulation areas, outdoor storage
areas, landscape areas, service and delivery areas, outdoor recreation areas,
retaining walls, signs and graphics, cut and fill actions, accessways, pedestrian
walkways, buffering and screening measures and street furniture.
Section 7.030. APPROVAL REQUIRED.
(1) No building, grading, 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.
(2) The provisions of this section shall apply to all conditional
use permits, multiple-family dwellings and community
service uses in any zone, and all developments in the
following zones:
(a) All commercial zones.
(b) All industrial zones
(c) All landscape management
(d) All planned developments,
and planned communities.
zones.
cluster developments
(3) Non-compliance with a final approved site plan shall be
a zoning ordinance violation.
(4) The Board of County Commissioners or Hearings Officer may,
as a condition of approval of any action in addition to
those outlined in subsection (2) of this section require
that site plan approval be obtained prior to issuance of
any required permit.
Section 7.040. CONTENTS AND PROCEDURE.
(1) Any site plan shall be filed on a form provided by the
Planning Department and shall be accomplished by such
drawings, sketches and descriptions necessary to describe
the proposed development. A plan shall not be deemed
complete unless all information requested is provided.
(2) Prior to filing a site plan, the applicant shall confer
with the Planning Director or his representative concerning
the requisites of formal application.
-76-
1 1(3) Following the pre-application meeting, the applicant
shall file with the Planning Department a site plan
which shall contain the items listed in subsection (5)
of this section.
(4) The applicant, after pre-application conference with the
Planning Director, shall submit a site development plan,
existing natural plant materials inventory of all trees
six (6) inches or greater in diameter and other signifi-
cant species, landscape plan and architectural drawings
(indicating floor plans and elevations).
(5) The site development plan shall indicate the following:
(a) Access to site from adjacent rights-of-way, streets
and arterials.
(b) Parking and circulation areas.
(c) Location, dimensions (height and bulk) and design
of buildings and signs.
(d) Orientation of windows and doors.
(e) Entrances and exits.
(f) Private and shared outdoor recreation spaces.
(g) Pedestrian circulation.
(h) Public play areas.
(i) Service areas for uses such as mail delivery, trash
disposal, above-ground utilities, loading and delivery.
(j) Areas to be landscaped.
(k) Exterior lighting.
(1) Special provisions for handicapped persons.
(m) Existing topography of the site at intervals
appropriate to the site, but in no case having
a contour interval greater than 10 feet.
(n) Signs.
(o) Public improvements.
(p) Drainfield locations.
(q) Other site elements and information which will
assist in the elevation of site development.
(6) The landscape plan shall include:
(a) The size, species and approximate locations of
existing natural plant materials proposed to be
retained and new plant materials proposed to be
placed on site.
(b) Proposed site contouring.
(c) An explanation of how drainage and soil erosion is
to be dealt with during and after construction.
Section 7.050. DECISION ON SITE PLAN.
(1) The Planning Director may recommend approval or denial
with such modifications and conditions as may be consistent
with the Comprehensive Plan or the criteria and standards
listed in this ordinance.
v PEE 279
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VOL
(2) The Hearings Officer as a condition of approval may
require that the applicant file with the County a
performance bond or other security approved"by the
governing body to assure full,and faithful performance
of any required improvements. The bond shall be for
the dollar amount plus 10% of the estimated cost of
the improvements.
(3) Hearings Officer review shall be in accordance with
County Ordinance PL-9.
Section 7.060. APPROVAL CRITERIA. Approval of a site plan shall
be based on the following criteria:
(1) The elements of the site plan shall relate harmoniously
to the natural environmental 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 and
efficiently serve its function. The elements shall
be on a human scale, interrelated and shall provide
spatial variety and order.
(4) The landscape and existing topography shall be preserved
to the maximum extent possible, considering development
constraints and suitability of the landscape and topography
to serve their function. Preserved trees and shrubs shall
be protected.
(5) The site plan shall be designed to provide a safe environment
while offering appropriate opportunities for privacy and
transition from public to private spaces.
(6) When appropriate the site plan shall provide for the
special needs of handicapped persons, such as ramps
for wheelchairs and braille signs.
(7) The location and number of points of access to the site,
interior circulation patterns, separations between pedes-
trians and moving and parked vehicles, and the arrangement
of parking areas in relation to buildings and structures
shall be harmonious with proposed and neighboring buildings
and structures.
(8) Surface drainage systems shall be designed so as not to
adversely affect neighboring properties, streets, or
surface and subsurface water quality.
(9) Areas, structures and facilities for storage, machinery
and equipment, services (mail, refuse, utility wires,
and the like), loading and parking and similar accessory
areas and structures shall be designed, located and
buffered or screened to minimize adverse impacts on
the site and neighboring properties.
tie), '280
sia tAG£
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VOL
PAGE2001
4 (10) All aboveground utility installations shall be located
to minimize adverse visual impacts on the site and
neighboring properties.
(11) 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.
(12) Specific criteria are outlined for each zone and shall
be a required part of the site plan (e.g. lot setbacks,
etc.).
-79-
ARTICLE VIII. CONDITIONAL USES
J
Section 8.010. OPERATION.
(1) A conditional use listed in this ordinance shall be
' permitted, altered or denied in accordance with the
standards and procedures of this ordinance, County
Ordinance PL-9 and the Comprehensive Plan.
(2) In the case of a use existing prior to the effective
date of this ordinance and classified in this ordinance
as a conditional use, any change of use or lot area
or an alteration of structure shall conform with the
requirements for a conditional use.
viz 3 asE 8-9'
Section 8.020. CONDITIONS. In addition to the standards and
conditions set forth in a specific zone or in Article 7 of this ordinance,
the Hearings Officer may impose the following conditions upon a finding
of which circumstances warrant such additional restrictions.
(1) Limiting the manner in which the use is conducted,
including restricting hours of operation and restraints
to minimize such environmental effects as noise, vibra-
tion, air pollution, glare or odor.
(2) Establishing a special yard, other open space or lot
area or dimension.
(3) Limiting the height, size or location of a building
or other structure.
(4) Designating the size, number, location and nature of
vehicle access points.
(5) Increasing the required street dedication, roadway
width or improvements within the street right-of-way.
(6) Designating the size, location, screening, drainage,
surfacing or other improvements of a parking or loading
area.
(7) Limiting or otherwise designating the number, size,
location, height and lighting of signs.
(8) Limiting the location and intensity of outdoor lighting
and requiring its shielding.
(9) Requiring diking, screening, landscaping or other methods
to protect adjacent or nearby properties and designating
standards for installation and mainenance.
(10) Designating the size, height, location and materials for
a fence.
-80-
(11) Protecting and preserving existing trees, vegetation,
water resources, wildlife habitat or other significant
natural resources.
Section 8.030. PERFORMANCE BOND. The Hearings Officer may
require the applicant to furnish the County with a performance bond
or other adequate form of assurance to guarantee development in
accordance with the standards and conditions attached in granting
a conditional use permit.
Section 8.0I40. SPECIFIC USE STANDARDS. A conditional use
shall comply with the standards of the zone in which it is located
and with the standards and conditions set forth in this section.
(1) Airports, aircraft landing fields, aircraft charter,
rental, service maintenance facilities not located in
the AC Zone: The Hearings Officer shall find that the
location and site design of the proposed facility will
not be hazardous to the safety and general welfare of
surrounding properties, and that the location will not
unnecessarily restrict existing and future developments
of surrounding lands as indicated in the Comprehensive
Plan.
(2) Automobile wrecking yard or junkyard: In considering a
conditional use application for an automobile wrecking
yard or junkyard, the Hearings Officer shall require
that it be enclosed and screened from public view by
a sight-obscuring fence not less than six feet in height.
If applicable, the proposal shall conform to state
regulations.
(3) Cemeteries: The Hearings Officer shall find that the
terrain and soil types of a proposed location are suitable
for internment, and that the nature of the subsoil and
drainage will not have a detrimental effect on groundwater
sources or domestic water supplies in the area of the
proposed use.
(4) Church, hospital, nursing home, convalescent home, retire-
ment home:
(A) Such uses may be authorized as a conditional use
only upon a finding that:
(a) Sufficient area is provided for the building,
required yards, and off-street parking.
Related structures and uses such as a manse,
parochial school, or parish house are considered
separate uses and additional lot areas shall
be required therefor.
(B) The applicant shall address the following issues
in the application:
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VOL
(a) Location of the site relative to the service area.
(b) Probable growth and needs therefor.
(c) Site location relative to land uses in the vicinity-
(d) Adequacy of access to and from principal streets
and
traffic volume of abutting and nearby streets.
tra
(5)
(6)
(7)
33- 284
line,be at least
otshall
orbuildings
(C) Such uses
from arelated
30 fee
(D) Such uses may be built to exceed the height limitations
of the zone in which it is located to a maximum height
of 50 feet if the total floor area of the building does
not exceed thraeatlleastdtwif th o-thirdsrofdthensions
in each case are equal to
height of the principal structure.
Clinics, clubs, lodges, fraternal organizations, community
centers, ran e halls, olf courses, rounds ana buildings
boating,
for games and sports, country clus, swimming,
tennis clubs and s~m~lar activities, overnment structures
and land uses, parks, playgrounds. In considering the above,
the Hearings Officer may authorize the conditional use
after assurance that the following is to be provided:
(a) The home occupation is to be secondary to the main use
of the property as a residence and shall be conducted
only by the resident of such dwelling or immediate
family members, within the same dwelling or in an
accessory building on the same or adjacent property.
(b) No structural alterations shall be allowed to accom-
modate the home occupation except when otherwise
required by law and then only after the plans for
such alterations have been reviewed and approved by
the Hearings Officer. Such structural alterations
shall not detract from the outward appearance
building as an accessory structure to a residence.
(a) Adequate access from principal streets.
(b) Adequate off-street parking. provisions, including
(c) Adequate building and site design landscaping, to minimize noise and glare from the
building and site.
Dog pounds and kennels. The Hearings officer may authorize
a dog pound or kennel as a conditional use provided that
building and site design provisions are adequate to minimize
noise and odor. When necessary to protect surrounding pro-
perties, the Hearings Officer may require a sight-obscuring
fence or hedge and may restrict vehicular access and loading
facilities, expecially those required by trucks transporting
large animals.
MAMM . When permitted as a conditional use and
accessory use, home occupations shall be
subject to the following limitations:
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Val
(c) No materials or mechanical equipment shall be used
which will be detrimental to the residential use of
the property or adjoining residences because of vibra-
tion, noise, dust., smoke, odor, interference with
radio or television reception or other factors.
(d) No materials or commodities shall be delivered to or
from the property which are of such bulk or quantity
as to require delivery by a commercial vehicle or a
trailer or the parking of customers' vehicles in a
manner or frequency as to cause disturbance or incon-
venience to nearby residents or so as to necessitate
off-street parking.
(e) Retail sales shall be limited or accessory to a service.
(8) Landfill, solid waste disposal site: The Hearings Officer
may authorize a land fill or other solid waste disposal site
as a conditional use, subject to the following standards:
(a) The proposed site shall not create a fire hazard,
litter, insect or rodent nuisance, or air or water
pollution in the area.
(b) The proposed site shall be located in or as near as
possible to the area being served.
(c) The proposed site shall be located at least one-quarter
mile from any existing dwelling, home, or public road
(except the access road).
(d) The proposed site shall be provided with a maintained
all-weather access road.
(9) Commercial use or accessory use not wholly enclosed within
a building, or a retail establishment, office, service
commercial establishment, financial institution, or personal
or business service establishment on a lot abutting or across
a street from a lot in a residential zone. In anyzone,
a commercial use or accessory use not wholly enclosed within
a building, or retail establishment, office, service commercial
establishment on a lot abutting or across a street from a lot
in a residential zone may be permitted as a conditional use
subject to the following standards:
(a) A sight-obscuring fence or evergreen hedge may be
required by the Hearings Officer when he finds such
a fence or hedge or combination thereof is necessary
to preserve the values of nearby properties or to
protect the aesthetic character of the neighborhood
or vicinity.
(b) In addition to the requirements of the applicable
zone, the Hearings Officer may further regulate
the placement and design of signs and lights in
order to preserve the values of nearby properties,
to protect them from glare, noise, or other dis-
tractions or to protect the aesthetic character
of the neighborhood or vicinity.
(c) In order to avoid unnecessary traffic congestion and
hazards, the Hearings Officer may limit access to
the property.
-83-
Vot
(10) Commercial amusement establishment. A commercial amusement
` establishment may be authorized after consideration of the
following factors:
(a) Adequacy of access from principal streets together with
the probable effect of traffic volumes of abutting and
nearby streets.
(b) Adequacy of off-street parking.
(c) Adequacy of building and site design provisions to
maintain a reasonable minimum of noise and glare
from the building and site.
(11) Mobile Home Park. A mobile home park shall be built to
state standards in effect at the time of construction
and the following provisions:
(a) Evidence that the park will be elegible for a
certificate of sanitation as required by state law.
(b) The space provided for each mobile home shall be
provided with piped potable water and electrical
sewerage connections.
(c) The number of spaces for mobile homes shall not
exceed 12 for each acre of the total area in the
mobile home park. The Hearings Officer may vary
this density as follows:
(1) If dedicated open space equals 50% or more of
the total area of the park, a maximum 10%
increase in units per acre may be granted.
(2) If in addition to the requirements in sub-
sections (11)(c)(1) of this section
a maintained playground area with approved
equipment such as goalposts, swings, slides,
etc., is provided the maximum increase in
units per acre may be increased an additional
.
5%.
(3) If in addition to the requirements in subsec-
tions (11)(c)(1) and (2) of this section,
approved recreation/community building is
provided an additional 10% increase of units/
acre may be allowed. (Maximum total increase
possible through application of subsection (11)
(c) of this section = 25%.)
3~ rRE2'€i6
(d) A mobile home shall occupy not more than 40 percent of
the contiguous space provided for the exclusive use of
the occupants of the mobile home, exclusive of space
provided for the common use of tenants, such as roadways,
general use structures, parking spaces, walkways and
areas for recreation and landscaping.
(e) No mobile home in the park shall be located closer than
15 feet from another mobile home or from a general use
building in the park. No mobile home accessory building
or other building or structure on a mobile home space
shall be closer than 10 feet from a mobile home accessory
building or other building or structure on another mobile
home space. No mobile home or other building or structure
shall be within 25 feet of a public street property boundary
or 10 feet of another property boundary.
-84-
voc 0 PACE87,
(1) It shall have a state insignia indicating compliance
with Oregon State Mobile Home Construction Standards
in effect at the time of manufacture, including
compliance for reconstruction or equipment install-
ation made after manufacture.
(2) Notwithstanding deterioration which may have occurred
due to misuse, neglect, accident or other cause, the
mobile home shall meet state standards for mobile
home construction evidenced by the insignia.
(3) It shall contain not less than 225 square feet of
space as determined by measurement of the exterior
of the unit exclusive of any trailer hitch device.
(4) It shall contain a water closet, lavatory, shower
or tub, and a sink in a kitchen or other food pre-
paration space.
(g) A mobile home permitted in the park shall be provided with
continuous skirting. Single-wide units shall be tied
down with devices that meet the state standards for
tie-down devices.
(h) There shall be no outdoor storage of furniture, tools,
equipment, building materials or supplies belonging to
the occupants or management of the park.
(i) The land which is used for park purposes shall be surrounded,
except at entry and exist places, by a sight-obscuring fence
or hedge not less than six feet in height.
(j) If the park provides spaces for 50 or more mobile home
units, each vehicular way in the park shall be named
and marked with signs which are similar in appearance
to those used to identify public streets. A map of the
named vehicular ways shall be provided to the fire
department.
(k) The park shall have water supply mains designed to serve
fire hydrants and hydrants shall be provided within 500
feet of such space or structure. Each hydrant within the
park shall be located on a vehicular way.
(1) A minimum of at least 2,500 square feet plus 100 square
feet per mobile home space shall be provided for recre-
ational play area, group or community activities. The
Hearings Officer may require this area to be protected
from streets, parking areas or the like by a fence or the
equivalent that conforms to fence regulations, but is
at least 30 inches in height where allowed by fence
ordinances. Unless otherwise approved, no required
open space area shall contain less than 2,500 square
feet. Recreation areas shall be improved with grass,
plantings, surfacings or buildings suitable for recre-
ational use.
No recreation facility created within a mobile home
park only to satisfy the requirements of this section
shall be open to the general public.
(m) A parking space shall be provided for each mobile home
space on the site. Additional guest parking spaces shall
be provided in every mobile home park within 200 feet of
the mobile home spaces served at a ratio of one parking
space for each two mobile home spaces. Parking spaces
shall have durable and dustless surfaces adequately main-
tained for all-weather use and shall be properly drained.
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(n) All mobile home parks over 10 acres in area shall be
located so as to have access on a street designated as
a collector street.
(o) All trailer parks containing a total site area of five
acres or more shall provide a secondary access to the
trailer park. Such secondary access shall enter the public
street system at least 150 feet from the primary access.
(p) Lighting shall be installed along the access ways of the
trailer park and the recreation area with lights of 100 watts
or better not over 100 feet apart. Wires for service to
light poles and trailer spaces shall be underground.
(q) Roadways within the park shall be improved with an all-weather
dustless surface and shall be not less than 30 feet in width
if parking is permitted on the margin of the roadway, or
less than 20 feet in width if parking is not permitted on
the edge of the roadway and an adequate designated area is
provided and improved for guest, parking and tenant recreational
vehicles.
(r) All mobile home parks shall have a minimum lot size of one acre.
(12) Multi-Family Dwelling Complex. A multi-family dwelling complex
shall comply with the following provisions prior to occupancy:
(a) The number of units permitted by the applicable zone
per gross square footage of a site may be increased
as follows:
(1) If dedicated open space which is developed and
landscaped equals 50% or more of the total area
of the site, a maximum of 10% increase in the
number of units may be granted.
(2) If in addition to subsection (12)(a)(1) of this
section a maintained playground area with approved
equipment such as goalposts, swings, slides, etc.,
is provided, the number of units permitted may be
increased an additional 5%.
(3) If in addition to `subsection ,(12)('a)(1) and (2)
of this section, an approved recreational community
building is proVided,'an'additional 10% increase
of units may be granted. (Maximum total increase
possible through application of subsection (12)
of this section is 259.)
(b) There shall be no outdoor storage of furniture, tools,
equipment, building materials or supplies belonging to
the occupants or management of the complex.
(c) If the complex or any„unit thereof is more than 500
feet from a public fire hydrant, such shall be provided
at appropriate locations on a vehicular way and shall
conform in design and capacity to the public hydrants
in the nearest city.
(d) A minimum of at least 2,500 square feet plus 100 square
feet per dwelling unit shall be provided for a recreation
play area, group or community activities. Such area shall
be improved with grass, plantings, surfacing, equipment
or buildings suitable for recreational use. The Hearings
Officer may require thisarea to be protected from streets,
parking areas or the like by a fence or equivalent screening.
No play area is required if more than 70% of the area is
preserved as open space and is sufficently developed and
landscaped.
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(e) All such complexes with more than 20 dwelling units VOL
shall be located so as to have access on a street
designated as a collector unless otherwise approved
by the Hearings Officer.
(f) All such complexes shall provide both an ingress and egress.
(g) All roadways and parking areas shall paved, and roadways
shall not be less than 20 feet in width, except as
approved by the Hearings Officer.
(h) A sight-obscuring fence or evergreen hedge may be required
by the Hearings Officer when such screening is necessary
to preserve the values of nearby properties, protect the
aesthetic character of the neighborhood or vicinity and
provide security for occupants of the subject complex.
(i) All accessory structures associated with such a complex
shall be set back 50 feet from the property line of an
abutting single-family residential lot or use.
(j) Sewer and water facilities shall be.provided adequate
to serve the occupant's requirements.
(13) Recreation Vehicle Park. A recreation vehicle park shall
conform to state standards in effect at the time of con-
struction and the following conditions:
(a) The space provided for each recreation vehicle shall
be not less than 7QO square feet exclusive of any
space used for common areas such as roadways, general
use structures, walkways, parking spaces for vehicles
other than recreation vehicles and landscaped areas.
(b) Roadways shall be not less than 30 feet in width if
parking is permitted on that margin of the roadway,
or less than 20 feet in width if parking is not
permitted on the edge of the roadway and shall be paved
with asphalt, concrete or similar impervious surface
and designed to permit easy access to each recreation
vehicle space.
(c) A space provided for a recreation vehicle shall be
covered with crushed gravel or paved with asphalt,
concrete, or similar material and be designed to
provide runoff of surface water. The part of the
space which,is'not occupied by the recreation vehicle,
not intended as an access way to the recreation
vehicle or part of an outdoor patio, need not be
paved or covered with gravel provided the area is
landscaped or otherwise treated to prevent dust or
mud.
(d) A recreation vehicle space shall be provided with piped
potable water and sewage disposal service. A recreation
vehicle staying in the park shall be connected to the
water and sewage service provided by the park is the
vehicle has equipment needing such service.
(e) A recreation vehicle space shall be provided with
electrical service.
(f) Trash receptacles for the disposal of solid waste
materials shall be provided in convenient locations
for the use of guests of the park and located in
such number and of such capacity that there is no
uncovered accumulation of trash at any time.
33 f%CE 289
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.
(g) No recreation vehicle shall remain in the park for more
than 30 days in any 60 day period.
(h) The total number of parking spaces in the park, exclusive
of parking provided for the exclusive use of the manager
or employees of the park, shall be one space per recre-
ation vehicle space. Parking spaces shall be covered
with crushed gravel or paved with asphalt, concrete or
similar material.
(i) The park shall provide toilets, lavatories and showers
for each sex in the following ratios: For each 15
recreation vehicle spaces or any fraction thereof, one
toilet, one urinal, one lavatory and one shower for
men; two toilets, one lavatory and one shower for
women. The toilets and showers shall afford privacy
and the showers shall be provided with private dress-
ing rooms. Facilities for each sex shall be located
in separate buildings, or, if in the same building,
shall be separated by a soundproof wall.
(j) The park shall provide one utility building or room
containing one clothes washing machine, one clothes
drying machine and 15 square feet of space for clothes
drying lines for each 10 recreation vehicle spaces
or any fraction thereof, unless such facilities are
available within a distance of 3 miles and are adequate
to meet these standards.
(k) Building spaces required by subsections (14)(i) and (j)
of this section shall be lighted at all times of day and
night, shall be ventilated, shall be provided with heating
facilities which shall maintain a room temperature of 680
(farenheit), shall have floors of waterproof material,
shall have sanitary ceiling, floor and wall surfaces and
shall be provided with floor drains adequate to permit
easy cleaning.
(1) Except for the access roadway into the park, the park
shall be screened on all sides by a sight-obscuring
hedge or fence not less than six (6) feet in height,
unless otherwise approved by the Hearings Officer.
(m) The park shall be maintained in a neat appearance at
all times. Except for vehicles, there shall be no
outside storage or materials or equipment belonging
to the park or to any guest of the park.
(n) Evidence shall be provided that the park will be
eligible for a certificate of sanitation as required
by state law.
(14) Radio, television tower, utility station or substation.
(a) In a residential zone, all equipment storage on the
site may be required to be within an enclosed building.
(b) The use may be required to be fenced and landscaped.
(c) The minimum lot size for a public utility facility
may be waived on finding that the waiver will not
result in noise or other detrimental effect to adjacent
property.
(d) Transmission towers, posts, overhead wires, pumping
stations, and similar gear shall be so located,
designed, and installed as to minimize their conflict
with scenic values.
33ME
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(15) Schools.
(a) Nursery schools shall provide and maintain at least
100 square feet of outdoor play area per child. A
sight-obscuring fence at least four (4) feet but not
more than six (6) feet high shall separate the play
area from abutting lots.
(b) Elementary and secondary schools shall provide a
basic site area consistent with state standards for
the predicted ultimate enrollment.
(16) Mining, quarrying,,or other extraction activity.
(a) Plans and specifications submitted to the Planning
Commission for approval must contain sufficient infor-
mation to allow the Planning Commission to consider
and set standards pertaining to the following:
rep ~I nom .
(1) The most appropriate use of the land.
(2) Setback from the property line.
(3) The protection of pedestrians and vehicles through
the use of fencing and screening..
(4) The protection of fish and wildlife habitat and
ecological systems through control of potential
air and water pollutants.
(5) The prevention of the collection and the stag-
nation of water at all stages of the operation.
(6) The rehabilitation of the land upon termination
of the operation.
(b) Surface mining equipment and necessary access roads
shall be constructed, maintained and operated in such
a manner as to eliminate, as far as is practicable,
noise, vibration, or dust which may be injurious or
annoying to persons or other uses in the vicinity.
(c) The comments and recommendations of all appropriate
natural resources agencies of the state and federal
government shall be sought.
(d) A rock crusher, washer or sorter shall not be located
closer than 500 feet from a residential or commercial
zone.
(17) Keeping of Livestock. The Hearings Officer may authorize
the keeping of livestock as a conditional use in a resi-
dential zone subject to the following standards:
(a) One horse shall have a fenced corral or pasture
with a usable area of at least 10,000 square feet;
two horses, at least 20,000 square feet; and each
additional horse, at least 5,000 square feet.
(b) Cows, goats, sheep fowl or other livestock shall
not be kept on any parcel of land with an area less
than 10,000 square feet or more, as may be required
by the Planning Commission.
(c) No enclosure for horses, cows, sheep, goats or other
livestock shall be located closer than 50 feet to a
dwelling.
(d) Fences erected in connection with the keeping of
livestock shall be of lumber of other solid material,
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VOL ~ ` .
shall be kept in good
* four feet in height.
barbed wire. A fence
ments of the zone.
repair and shall be at least
Fences shall not be made of
shall meet the setback require-
Section 8.050. PROCEDURE FOR TAKING ACTION ON CONDITIONAL USE APPLICATION.
The procedure for taking action on a conditional use application shall be as
follows:
(1) A property owner may initiate a request for a condi-
tional use by filing an application on forms provided
by the Planning Department.
(2) Review of the application shall be conducted according
to the terms of County Ordinance PL-9.
Section 8.060. TIME LIMIT ON A PERMIT FOR A CONDITIONAL USE.
(1) Authorization of a conditional use shall be void after
one year or such lesser time as the authorization may
specify unless substantial construction has taken place
or the proposed use has occurred. However, the Hearings
Officer may extend authorization' for an additional period
not to exceed one year.
(2) If delay in establishing the use is demonstrable, due to
a delay by a state or federal agencyin issuing a required
permit, at no fault to the applicant, the Hearings Officer
may extend the time limit imposed by section 8.070(1) for
a period not to exceed one year following issuance of the
state or federal agency.
Section 8.070. OCCUPANCY PERMIT.
(1) The Hearings Officer may require an occupancy permit
for any conditional use permitted and approved pursuant
to the provisions of this ordinance. The Hearings Officer
shall consider such a requirement for any use authorized
by a conditional use permit for which the ordinance requires
on-site or off-site improvements or where such conditions
have been established by the Hearings Officer upon approval
of such use. The requirement of an occupancy permit shall
be for the intent of insuring permit compliance and said
permit shall not be issued except as set forth by the
Hearings,Officer. The authority to issue an occupancy
permit upon compliance with the requirements,and conditions
of a conditional use permit may be delegated to the Planning
Director or the Building Inspector by the Hearings Officer
at the time of approval of a specific conditional use permit.
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VOL 3 FADE 293
ARTICLE IX. NONCONFORMING USES
Section 9.010. NONCONFORMING USES - CONTINUATION OF A NONCONFORMING
USE OR STRUCTURE. Subject to the provisions of this article a nonconforming
use or structure existing prior to the effective date of this ordinance may
be continued and maintained in reasonable repair. A structure conforming
with respect to use but nonconforming with respect to height, setback or
coverage may be altered or extended if the alteration or extension does not
further deviate from the standards of this ordinance.
Section 9.020. DISCONTINUANCE OF A NONCONFORMING USE.
(1) If a nonconforming use involving a structure is
discontinued for a period of one year, further use
of the property shall conform to this ordinance;
except that a previous residential use may be
resumed only as a conditional use pursuant to
the provisions of the applicable zone.
(2) If a nonconforming use not involving a structure
is discontinued for a period of one year, further
use of the property shall conform to this ordinance.
Section 9.030. CHANGE OF A NONCONFORMING USE. If a nonconforming
use is replaced by another use, the new use shall conform to this ordinance.
Section 9.040. DESTRUCTION OF A NONCONFORMING USE. If a nonconforming
structure or a structure containing a nonconforming use is destroyed by any
cause to an extent exceeding 50 percent of fair market value as indicated
by the records of the County Assessor, a future structure or use on the
site shall conform to this ordinance.
Section 9.050. NONCONFORMING CONSTRUCTION. Nothing in this ordinance
shall require any change in plans, construction, alteration, or designated
use of a structure for which a building permit has been issued and construction
has commenced prior to the adoption of this ordinance provided the structure,
if nonconforming or intended for a nonconforming use, is completed and in
use within two years from the time the permit is issued.
Section 9.060. NONCONFORMING LOTS OF RECORD. Any lot which is smaller
than the minimum area required in any zone may be occupied by an allowed
use in that zone provided that:
(1) The lot was a lot in a duly platted and recorded subdivision
on or before the date of this ordinance, or was a parcel
created by an approved land partitioning prior to such date.
(2) The use conforms to all other requirements of that zone.
(3) If there is an area deficiency, residential use shall be
limited to a single dwelling unit.
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ARTICLE X. VARIANCES
Section 10.010. VARIANCE APPLICATION. The Hearings Officer may
authorize area or use variances from the requirements of this ordinance.
Application for a variance shall be made by petition stating fully the
grounds of the application and the facts relied upon by the petitioner.
Section 10.020. AUTHORITY OF HEARINGS OFFICER. A variance may be
granted unqualifiedly or may be granted subject to prescribed conditions,
provided that the Hearings Officer shall make all of the following findings:
(A) Area Variance
(1) That the literal application of the ordinance
would create practical difficulties resulting
in greater private expense than public benefit.
(2) That the condition creating the difficulty is
not general throughout the surrounding area but
is unique to the applicant's site.
(3) That the condition was not created by the applicant.
A self-created difficulty will be found if the
applicant knew or should have known of there-
striction at the time the.site was purchased.
(4) That the variance conforms to the Comprehensive
Plan and the intent of the ordinance being varied.
(B) Use Variance
(1) That the literal application of the ordinance
would result in unnecessary hardship to the
applicant. An unnecessary hardship will be
found when the site cannot be put to any
beneficial use under the terms of the appli-
cable ordinance.
(2) Each of the findings listed in subsection (A)
(2), (3) and (4) of this section.
Section 10.030. HEARINGS OFFICER ACTION ON VARIANCE. In granting
or denying a variance, the Hearings Officer shall make a written record
of his findings and the facts in connection therewith, and shall describe
the variance granted and the conditions designated. The Planning Department
shall keep the findings on file, and a copy of the variance granted and
the conditions thereof shall be recorded with the County Clerk.
Section 10.040. VARIANCE PROCEDURE. The variance application
shall be processed according to the terms of County Ordinance PL-9.
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ARTICLE XI. AMENDMENTS'
Section 11.010. AUTHORIZATION TO INITIATE AMENDMENTS. An amendment`
to the text of this ordinance or to a zoning map may be initiated by the
Board of County Commissioners or by application of a property owner. The
request by a property owner for an amendment shall be accomplished by filing
an application on forms provided by the Planning Department.
Section 11.020. PROCEDURE FOR ZONING AMENDMENTS. Action on proposed
zoning text or map amendments shall proceed according to the terms of County
Ordinance PL-9. The Hearings Officer shall conduct the initial hearing on
both legislative and quasi-judicial re-zonings.
Section 11.030. RECORD OF AMENDMENTS. All amendments to the text or
map of this ordinance shall be filed with the County Clerk and the City
Recorder of the City of Redmond.
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' V
ARTICLE XII ADMINISTRATIVE PROVISIONS
Section 12.010. ADMINISTRATION. The Planning Director shall have
the power and the duty to administer the provisions of this ordinance. The
Board may appoint designees to issue zoning permits and to otherwise assist
the Planning Director in the processing of applications.
Section 12.020. DECISIONS. Approval or denial of an application for
a use permitted by this ordinance shall be based upon and accompanied by a
statement that explains the criteria and standards relevant to the decision,
states the facts relied upon in rendering the decision and explains the
justification for the decision based on the criteria, standards and facts
set forth.
Section 12.030. APPEALS. Appeals shall be as prescribed in Deschutes
County Ordinance PL-9.
Section 12.040. FORM OF PETITIONS, APPLICATIONS AND APPEALS.
Petitions, applications, and appeals provided for in this ordinance shall
be made on forms provided by the County. Applications shall be accompanied
by plans and specifications, drawn to scale, showing the actual shape and
dimensions of the lot to be built upon, the sizes and locations on the lot
of all existing and proposed structures the intended use of each structure,
the number of individuals, if any, to be accommodated thereon, the relation-
ship of the property to the surrounding area and such other information as
needed to determine conformance with this ordinance.
Section 12.050. PUBLIC HEARINGS.. Public hearings shall be as prescribed
in County Ordinance PL-9.
Section 12.060. COUNTY SANITARIAN APPROVAL. No zoning permit shall
be issued for any use or structure which will have an individual subsurface
disposal system until written approval is obtained by the applicant for said
system from the County Sanitarian.
Section 12.070. FILING FEES. An application required by this ordinance
shall be accompanied by a-filing fee.
Section 12.080. REVOCATION. The Hearings Officer may revoke or modify
any permit granted under the provisions of this ordinance on one or more of
the following grounds:
(1) A permit may be revoked on the basis of fraud, concealment,
misrepresentation or inaccurate information supplied on
the application or offered by the applicant or his repre-
sentative at a public hearing.
(2) A permit may be revoked on the basis that the use for
which such permit was granted is not being exercised
within the time limit set forth by the Hearings Officer
or this ordinance.
(3) A permit may be revoked on the basis that the use for
which such permit was granted has ceased to exist or
has been suspended for one year or more.
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1 iZa 4
(4) A permit may be revoked or modified on the basis that
the use for which the permit was granted was so exercised
as to be detrimental to the public health, safety or
welfare, or in such a manner as to constitute a nuisance.
(5) Any permit granted pursuant to this ordinance shall
become null and void if not exercised within the time
period specified in such permit or, if no time period
is specified in the permit, within one year from the
date of approval of said permit. The Hearings Officer
shall hold a public hearing on any proposed revocation
after giving written notice to the permittee and other
affected persons as set forth in County Ordinance PL-9.
The Hearings Officer shall render his decision within
45 days after the conclusion of the hearing. Appeals
from the action of the Hearings Officer shall be filed
in the manner provided in County Ordinance PL-9.
Pal 291-
Section 12.090. LOT SIZE REQUIREMENTS. The minimum lot sizes required
by this ordinance shall be met for each use established on an area of land.
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VOL %JJ FAU
rz- ARTICLE XIII. GENERAL PROVISIONS
Section 13.010. INTERPRETATION. Where the conditions imposed by a
provision of this ordinance are less restrictive than comparable conditions
imposed by any other provisions which are more restrictive, the more restric-
tive shall govern.
Section 13.020. SEVERABILITY. The provisions of this ordinance are
severable. If any section, sentence, clause, or phrase of this ordinance is
adjudged by a court of competent jurisdiction to be invalid, the decision
shall not effect the validity of the remaining portions of the ordina,nce.
Section 13.030. REMEDIES. In case a building or other structure is,
or is proposed to be, located, constructed, maintained, repaired, altered,
or used, or any land is or is proposed to be used in violation of this
ordinance, the Board of County Commissioners or a person whose interest in
real property in the county is or may be affected by the violation may, in
addition to other remedies provided by law, institute injunction, mandamus
abatement, or other appropriate proceedings to prevent, temporarily or
permanently enjoin, abate, or remove the unlawful location, construction,
maintenance, repair, alteration or use. When a temporary restraining order
is granted in a suit instituted by a person who is not exempt from furnishing
bonds or undertakings under state law, the person shall furnish an under-
taking as provided in ORS 32.010 to 32.060.
Section 13.040. VIOLATION DECLARED A NUISANCE. The location, erection,
construction, maintenance, repair, alteration or use of a building or structure
or the subdivision, partitioning or other use of land in violation of this
ordinance is declared a nuisance.
Section 13.050. CRIMINAL PENALTIES.
(1) The location, erection, construction, maintenance,
repair, alteration or use of a building or structure
or the subdivision, partitioning or other use of
land in violation of this ordinance is punishable
upon conviction by a fine of not more than $500 for
a noncontinuing offense and a fine of not more than
$1000 for a continuing offense.
(2) Each and every day in which a location, erection,
maintenance, repair, alteration or use of a building
or structure or the subdivision, partitioning or other
use of land in violation of this ordinance continues
is a separate offense.
Section 13.060. REPEAL. Deschutes County Zoning Ordinance PL-5 and
all amendments thereto are hereby repealed.
Section 13.070. REPEAL OF ORDINANCES AS AFFECTING EXISTING LIABILITIES.
The repeal of any ordinance by this ordinance shall not release or.extinguish
any penalty, forfeiture, or liability incurred under such ordinance, unless
a provision of this ordinance shall so expressly provide, and such ordinance
repealed shall be treated as still remaining in force for the purpose of
sustaining any proper action or prosecution for the enforcement of such
penalty, forfeiture, or liability.
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Qv. Section 13.080. CORRECTIONS. This ordinance may be corrected by
order of the Board of County Commissioners to cure editorial and clerical
errors.
Section 13.090. ENACTMENT, EMERGENCY DECLARED. An emergency is
hereby declared and this ordinance shall be and is hereby declared to be
in full force and effect on and after the date of its enactment by the
Board of County Commissioners.
Enacted this 9w day of 1979.
CHAIR
MA
COMM SSIO E
COMMISSIONER
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