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16-566-Order Recorded 3/7/197316 rACE566 In the Matter of Amendments to the Deschutes County Zoning Ordinance, #PL -5, and the Deschutes County Subdivision Ordinance #PL -2. IN THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON FOR THE COUNTY OF DESCHUTES i ; i This matter coming before the County Commission upon the Planning Commission's petition who held a public hearing on this issue, February 27, 1973, and unaimousZy recommended approval, and, The County Commission deeming this action to be in public interest and the County Commission being advised, and, Pursuant to County Zoning Ordinance PL -5, and Pursuant to County Subdivision Ordinance PL -2, IT IS HEREBY ORDERED That the following amendments be adopted: I. Amend Section 3.200 of the Zoning Ordinance. Lot Size. Sub Section (Z) to read: (Z) The minimum lot area shall be five (5) acres unless the lot is located in a Class II Rural Subdivision as approved by the Planning Commission pursuant to county Subdivision Ordinance No. PL -2 providing for two and one-half (2 Z/2) acre lot sizes subject to meeting the specified variance requirements. Class II Rural lot size provisions may be applied to a division of land into less than four (4) lots or a Planned Unit Development. Upon application for a variance, the Planning Director may approve a Class II lot division. II. Transitional Standards. Amend Article 5. As follows: (Table of Contents) Add New: Section 5.070 Transitional Standards. Z. It is the purpose of these standards to create a buffer in specific areas within which the use, operation and physical orientation of proposed structures and all other improvements within the zone can be required to adhere to these standards to insure an orderly, proper and harmonious transition between different zone districts and uses. aot 16 PACE c 2. When the symbol "T" is combined within any other zone symbol, development of property designated "T" may be conditional according to these "T" standards, (i. e. C -Z -T means all the provisions of the C- Z zone and T standards are app li cab le . ) 3. Any use permitted in the zone to which the "T" standards are added is permitted subject to the Planning Commission review and approval. "T" standards shall be prescribed by the Planning Commission to regulate the development of a particular tract within a zone to a use permitted by the zone. 4. When property of a transitional character between different zones is proposed for rezoning or development the Planning Commission may condition the development of the property and provide transitional standards to accommodate the following considerations: (Z) ExcZusive off-street parking areas. (2) Special setbacks, yards, open spaces and buffers. (3) Fences and walls. (4) Lighting. (5) Surfacing of off-street parking and Loading areas. (6) Street dedications and street improvements to conform to the comprehensive plan of highways, including service roads and alleys. (7) Regulation of points of vehicular ingress and egress. (8) Regulation of signs. (9) Regulation of time of certain activities. (ZO) Landscaping. (ll) Maintenance of grounds (Z2) Time period within which the proposed use shall be developed. (L3) Regulation of odors, smoke, dust, fly ash or airborne solids. (Z4) Regulation of vibration, glare and heat. (Z5) Such other conditions and for uses required for development of the County in an orderly and efficient manner and in conformity with the intent and purpose set forth in this Ordinance and the Comprehensive Plan. III. Amend the Subdivision Ordinance to allow the public works director to sign final plats. Amend Section 606 as follows: Add: A certificate for execution by the County Public Works Director. IV. Amend the Zoning Ordinance to allow for similar use if an existing use is destroyed. Amend Section 8.040 as follows: Section 8.040 - Destruction of a non -conforming use --shall conform to this Ordinance unless an economic hardship would occur that would be beyond the control of an owner and if that owner cannot relocate to a zone where his use would be conforming; then the provisions to allow reconstruction of the use would be as provided by Section 2.050 of this Ordinance.(Similar Uses) vut 16 PAGE 568 V. Amend Subdivision Ordinance to allow Planning Commission to adopt regulations covering Commercial and Industrial Subdivisons. Add new as follows: Section ZZO. Commercial and Industrial regulations. The Planning Commission may establish design requirements for subdivisions in Commercial or Industrial zones. VI. Amend the Zoning Ordinance to allow for Temporary Use occupancy permits. Add new as follows: Section 5.080 Temporary Use Permit Temporary Permits. Temporary Use permits for mobile home type units may be authorized by the Planning Commission in accordance with the provisions bf this section: Z. Public Schools: Upon Planning Commission approval of a Conditional Use request, the Commission may grant a temporary use permit for mobile home type units. In granting a temporary use permit, the Planning Commission shall specify the time limit for which it may be used. 2. Temporary Emergency Use: A temporary permit to a specified time limit for a trailer house in a residential zone may be granted by the Planning Commission as a Conditional Use pursuant to Article 6. when it is determined that an emergency exists. Such emergency shall be considered only when supported by a Medical Doctors certificate and testimony. A person quaZifying for a temporary permit shall be a member of the family residing on the property. A request for a temporary permit shall be made in writing to the Planning Commission and shall be accompanied by the Doctor's certificate. 3. Construction of Temporary construction shacks and/or temporary office space: As may be authorized by the Planning Commission, the Planning Director may grant a temporary permit for a trailer house on a temporary basis not to exceed the duration of the construction of any project or beyond the date of occupancy of the building. Done by order of the Commission this 7th day of March, Z973.